Section I. Instructions to Bidders
i
PROCUREMENT DOCUMENTS
Procurement for
Refurbishing observation networks
and data collection center
Issued on: February 13, 2015
ICB No: KG-G/ICB-01
Employer: Agency for Hydrometeorology under the Ministry of
Emergency Situation of the Kyrgyz Republic (Kyrgyzhydromet)
Country: Kyrgyz Republic
ii
Standard Bidding Document
Table of Contents
PART 1 – Bidding Procedures ............................................................................................ 1
Section I. Instructions to Bidders .................................................................................... 5
Section II. Bid Data Sheet ............................................................................................. 33
Section III. Evaluation and Qualification Criteria (Without Prequalification) ................ 37
Section IV. Bidding Forms ........................................................................................... 47
Section V. Eligible Countries ........................................................................................ 83
PART 2 –Employer’s. Project Requirements and Specifications ................................... 85
Section VI. Employer’s Requirements .......................................................................... 86
PART 3 – Conditions of Contract and Contract Forms ................................................ 237
Section VII. General Conditions (GC) ......................................................................... 239
Section VIII. Particular Conditions ............................................................................. 319
Section IX. Contract Forms ........................................................................................ 323
1
PART 1 – Bidding
Procedures
3
Single Stage Bidding
5
Section I. Instructions to Bidders
Table of Clauses
A. General ............................................................................................................................ 7
1.
Scope of Bid ........................................................................................................ 7
2.
Source of Funds ................................................................................................... 7
3.
Fraud and Corruption ........................................................................................... 7
4.
Eligible Bidders ................................................................................................. 10
5.
Eligible Plant and Installation Services ............................................................... 12
B. Contents of Bidding Document .................................................................................... 12
6.
Sections of Bidding Document .......................................................................... 12
7.
Clarification of Bidding Document, Site Visit, Pre-Bid Meeting ........................ 13
8.
Amendment of Bidding Document ..................................................................... 14
C. Preparation of Bids ....................................................................................................... 14
9.
Cost of Bidding .................................................................................................. 14
10.
Language of Bid................................................................................................. 14
11.
Documents Comprising the Bid.......................................................................... 15
12.
Letter of Bid and Schedules ............................................................................... 15
13.
Alternative Bids ................................................................................................. 15
14.
Documents Establishing the Eligibility of the Plant and Installation Services .... 16
15.
Documents Establishing the Eligibility and Qualifications of the Bidder ............ 16
16.
Documents establishing conformity of the Plant and Installation Services .......... 16
17.
Bid Prices and Discounts.................................................................................... 17
18.
Currencies of Bid and Payment .......................................................................... 20
19.
Period of Validity of Bids .................................................................................. 20
20.
Bid Security ....................................................................................................... 20
21.
Format and Signing of Bid ................................................................................. 22
D. Submission and Opening of Bids.................................................................................. 23
22.
23.
24.
Submission, Sealing and Marking of Bids .......................................................... 23
Deadline for Submission of Bids ........................................................................ 24
Late Bids............................................................................................................ 24
6
Section I. Instructions to Bidders
25.
26.
Withdrawal, Substitution, and Modification of Bids ........................................... 24
Bid Opening ....................................................................................................... 24
E. Evaluation and Comparison of Bids ............................................................................ 25
27.
Confidentiality ................................................................................................... 25
28.
Clarification of Bids ........................................................................................... 26
29.
Deviations, Reservations, and Omissions ........................................................... 26
30.
Determination of Responsiveness ....................................................................... 26
31.
Nonmaterial Nonconformities ............................................................................ 27
32.
Correction of Arithmetical Errors ....................................................................... 27
33.
Conversion to Single Currency ........................................................................... 28
34.
Margin of Preference.......................................................................................... 28
35.
Evaluation of Bids.............................................................................................. 28
36.
Comparison of Bids ........................................................................................... 30
37.
Eligibility and Qualification of the Bidder .......................................................... 30
38.
Employer’s Right to Accept Any Bid, and to Reject Any or All Bids ................. 31
F. Award of Contract ........................................................................................................ 31
39.
40.
41.
42.
Award Criteria ................................................................................................... 31
Notification of Award ........................................................................................ 31
Signing of Contract ............................................................................................ 32
Performance Security ......................................................................................... 32
Section I. Instructions to Bidders
7
Section I. Instructions to Bidders
A. General
1.
2.
3.
Scope of Bid
Source of Funds
Fraud and
Corruption
1.1
In connection with the Invitation for Bids indicated in the
Bid Data Sheet (BDS), the Employer, as indicated in the
BDS, issues this Bidding Document for the procurement of
Plant and Installation Services as specified in Section VI,
Employer’s Requirements. The name, identification, and
number of lots (contracts) of the International Competitive
Bidding (ICB) are provided in the BDS.
1.2
Unless otherwise stated, throughout this Bidding Document
definitions and interpretations shall be as prescribed in the
General Conditions, Section VII.
2.1
The Borrower or Recipient (hereinafter called “Borrower”)
indicated in the BDS has applied for or received financing
(hereinafter called “funds”) from the World Bank (hereinafter
called “the Bank”) toward the cost of the project named in the
BDS. The Borrower intends to apply a portion of the funds to
eligible payments under the contract(s) for which this Bidding
Document is issued.
2.2
Payments by the Bank will be made only at the request of the
Borrower and upon approval by the Bank in accordance with
the terms and conditions of the financing agreement between
the Borrower and the Bank (hereinafter called the Loan
Agreement), and will be subject in all respects to the terms
and conditions of that Loan Agreement. No party other than
the Borrower shall derive any rights from the Loan Agreement
or have any claim to the funds.
2.3
The Loan Agreement prohibits a withdrawal from the loan
account for the purpose of any payment to persons or entities,
or for any import of equipment, plant, or materials, if such
payment or import is prohibited by a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations.
3.1
The Bank requires that Borrowers (including beneficiaries of
Bank loans), as well as Bidders, Suppliers, Contractors and their
agents (whether declared or not), personnel, subcontractors,
sub-consultants, service providers and suppliers, under Bankfinanced contracts, observe the highest standard of ethics during
the procurement and execution of such contracts. In pursuit of
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Section I. Instructions to Bidders
this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set
forth below as follows:
(i)
“corrupt practice” is the offering, giving, receiving
or soliciting, directly or indirectly, of anything of
value to influence improperly the actions of another
party1;
(ii)
“fraudulent practice” is any act or omission,
including a misrepresentation, that knowingly or
recklessly misleads, or attempts to mislead, a party
to obtain a financial or other benefit or to avoid an
obligation2;
(iii) “collusive practice” is an arrangement between two
or more parties3 designed to achieve an improper
purpose, including to influence improperly the
actions of another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party4 or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa)
1
deliberately destroying, falsifying, altering or
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede a
Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive
practice; and/or threatening, harassing or
intimidating any party to prevent it from
disclosing its knowledge of matters relevant to
the investigation or from pursuing the
investigation, or
“Another party” refers to a public official acting in relation to the procurement process or contract execution.
In this context, “public official” includes World Bank staff and employees of other organizations taking or
reviewing procurement decisions.
2
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
3
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
4
“Party” refers to a participant in the procurement process or contract execution.
Section I. Instructions to Bidders
9
(bb) acts intended to materially impede the exercise
of the Bank’s inspection and audit rights
provided for under sub-clause 3.2 below.
a
b
(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 or obstructive practices in competing for the
contract in question;
(c)
will cancel the portion of the loan allocated to a contract
if it determines at any time that representatives of the
Borrower or of a beneficiary of the loan engaged in
corrupt, fraudulent, collusive, or coercive practices
during the procurement or the execution of that contract,
without the Borrower having taken timely and
appropriate action satisfactory to the Bank to remedy the
situation; and
(d)
will sanction a firm or an individual, at any time, in
accordance with prevailing Bank’s sanctions
proceduresa, including by publicly declaring such firm
or individual ineligible, either indefinitely or for a stated
period of time: (i) to be awarded a Bank-financed
contract; and (ii) to be a nominatedb sub-contractor,
consultant, manufacturer or supplier, or service provider
of an otherwise eligible firm being awarded a Bankfinanced contract.
3.2
In further pursuance of this policy, Bidders shall permit the
Bank to inspect any accounts and records and other documents
relating to the Bid submission and contract performance, and
to have them audited by auditors appointed by the Bank.
3.3
Furthermore, Bidders shall be aware of the provision stated in
the General Conditions (GC 42.2.1(c)).
A firm or an individual may be declared ineligible to be awarded a Bank-financed contract upon
completion of the Bank’s sanctions proceedings as per its sanctions procedures, including inter alia: (i)
temporary suspension in connection with an ongoing sanctions proceeding; (ii) cross-debarment as agreed
with other International Financial Institutions, including Multilateral Development Banks; and (iii) the
World Bank Group corporate administrative procurement sanctions procedures for fraud and corruption.
A nominated sub-contractor, consultant, manufacturer or supplier, or service provider (different names are
used depending on the particular bidding document) is one which either has been: (i) included by the bidder
in its pre-qualification application or bid because it brings specific and critical experience and know-how
that are accounted for in the evaluation of the bidder’s pre-qualification application or the bid; or (ii)
appointed by the Borrower.
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4.
Section I. Instructions to Bidders
Eligible Bidders
4.1
A Bidder may be a private entity or a government-owned
entity—subject to ITB 4.5—or any combination of such
entities in the form of a joint venture, or association (JVA)
under an existing agreement or with the intent to enter into
such an agreement supported by a letter of intent. In the case
of a joint venture or association:
(a)
unless otherwise specified in the BDS, all partners
shall be jointly and severally liable for the execution of
the Contract in accordance with the Contract terms, and
(b)
the JVA shall nominate a Representative who shall have
the authority to conduct all business for and on behalf of
any and all the partners of the JVA during the bidding
process and, in the event the JVA is awarded the
Contract, during contract execution.
4.2
A Bidder, and all partners constituting the Bidder, shall have a
nationality of an eligible country as defined in Guidelines:
Procurement under IBRD Loans and IDA Credits, October
2006, (hereinafter referred to as the Guidelines),in accordance
with Section V, Eligible Countries. A Bidder shall be deemed
to have the nationality of a country if the Bidder is a national
or is constituted, incorporated, or registered and operates in
conformity with the provisions of the laws of that country.
This criterion shall also apply to the determination of the
nationality of proposed subcontractors or suppliers for any
part of the Contract including related services.
4.3
A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest with
one or more parties in this bidding process, if :
(a)
they have a controlling partner in common; or
(b)
they receive or have received any direct or indirect
subsidy from any of them; or
(c)
they have the same legal representative for purposes of
this bid; or
(d)
they have a relationship with each other, directly or
through common third parties, that puts them in a
position to have access to information about or influence
on the bid of another Bidder, or influence the decisions
of the Employer regarding this bidding process; or
Section I. Instructions to Bidders
11
(e)
a Bidder submits more than one bid in this bidding
process, either individually or as a partner in a joint
venture, except for alternative offers permitted under ITB
Clause 13. This will result in the disqualification of all
such bids. However, this does not limit the participation of
a Bidder as a subcontractor in another bid or of a firm as a
subcontractor in more than one bid. or
(f)
a Bidder or any of its affiliates participated as a
consultant in the preparation of the design or technical
specifications of the Plant and Installation Services that
are the subject of the bid.
(g)
a Bidder or any of its affiliates has been hired (or is
proposed to be hired) by the Employer or the Borrower
as Project Manager for the contract.
4.4
A Bidder that has been sanctioned by the Bank in accordance
with the above ITB 3.1 (d), or in accordance with the Bank's
Guidelines on Preventing and Combating Corruption in
Projects Financed by IBRD Loans and IDA Credits and
Grants, shall be ineligible to be awarded a Bank-financed
contract, or benefit from a Bank-financed contract, financially
or otherwise, during such period of time as the Bank shall
determine.
4.5
Government-owned entities in the Borrower’s country shall be
eligible only if they can establish that they (i) are legally and
financially autonomous, (ii) operate under the principles of
commercial law, and (iii) are not dependent agencies of the
Employer or the Borrower.
4.6
Bidders shall provide such evidence of their continued
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
4.7
In case a prequalification process has been conducted prior to
the bidding process, this bidding is open only to prequalified
Bidders.
4.8
Firms shall be excluded if:
(a)
as a matter of law or official regulation, the Borrower’s
country prohibits commercial relations with that
country, provided that the Bank is satisfied that such
exclusion does not preclude effective competition for the
supply of goods or related services required; or
(b)
by an act of compliance with a decision of the United
12
Section I. Instructions to Bidders
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s country
prohibits any import of goods or contracting of works or
services from that country or any payments to persons
or entities in that country.
5.
Eligible Plant
and Installation
Services
5.1
The Plant and Installation Services to be supplied under the
Contract shall have their origin in eligible source countries as
defined in ITB 4.2 above and all expenditures under the
Contract will be limited to such Plant and Installation
Services.
5.2
For purposes of ITB 5.1 above, “origin” means the place
where the plant, or component parts thereof are mined, grown,
produced or manufactured, and from which the services are
provided. Plant components are produced when, through
manufacturing, processing, or substantial or major assembling
of components, a commercially recognized product results that
is substantially in its basic characteristics or in purpose or
utility from its components.
B. Contents of Bidding Document
6.
Sections of
Bidding
Document
6.1
The Bidding Document consists of Parts 1, 2, and 3, which
include all the Sections indicated below, and should be read in
conjunction with any Addenda issued in accordance with ITB
8.
PART 1





Bidding Procedures
Section I. Instructions to Bidders (ITB)
Section II. Bid Data Sheet (BDS)
Section III. Evaluation and Qualification Criteria
Section IV. Bidding Forms
Section V. Eligible Countries
PART 2
Employer’s Requirements
 Section VI. Employer’s Requirements
PART 3 Conditions of Contract and Contract Forms
 Section VII. General Conditions (GC)
 Section VIII. Particular Conditions (PC)
 Section IX. Contract Forms
6.2
The Invitation for Bids issued by the Employer is not part of
Section I. Instructions to Bidders
13
the Bidding Document.
7.
Clarification of
Bidding
Document, Site
Visit, Pre-Bid
Meeting
6.3
The Employer is not responsible for the completeness of the
Bidding Document and its addenda, if they were not obtained
directly from the source stated by the Employer in the
Invitation for Bids.
6.4
The Bidder is expected to examine all instructions, forms,
terms, and specifications in the Bidding Document. Failure to
furnish all information or documentation required by the
Bidding Document may result in the rejection of the bid.
7.1
A prospective Bidder requiring any clarification of the
Bidding Document shall contact the Employer in writing at the
Employer’s address indicated in the BDS or raise his
enquiries during the pre-bid meeting if provided for in
accordance with ITB 7.4. The Employer will respond to any
request for clarification, provided that such request is received
no later than twenty-eight (28) days prior to the deadline for
submission of bids. The Employer’s response shall be in
writing with copies to all Bidders who have acquired the
Bidding Document in accordance with ITB 6.3, including a
description of the inquiry but without identifying its source.
Should the Employer deem it necessary to amend the Bidding
Document as a result of a request for clarification, it shall do
so following the procedure under ITB 8 and ITB 23.2.
7.2
The Bidder is advised to visit and examine the site where the
plant is to be installed and its surroundings and obtain for
itself on its own responsibility all information that may be
necessary for preparing the bid and entering into a contract for
the provision of Plant and Installation Services. The costs of
visiting the site shall be at the Bidder’s own expense.
7.3
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.
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8.
Section I. Instructions to Bidders
Amendment of
Bidding
Document
7.4
The Bidder’s designated representative is invited to attend a
pre-bid meeting, if provided for in the BDS. The purpose of
the meeting will be to clarify issues and to answer questions
on any matter that may be raised at that stage.
7.5
The Bidder is requested, as far as possible, to submit any
questions in writing, to reach the Employer not later than one
week before the meeting.
7.6
Minutes of the pre-bid meeting, including the text of the
questions raised without identifying the source, and the
responses given, together with any responses prepared after
the meeting, will be transmitted promptly to all Bidders who
have acquired the Bidding Document in accordance with ITB
6.3. Any modification to the Bidding Document 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 ITB 8 and not through the minutes of
the pre-bid meeting.
7.7
Nonattendance at the pre-bid meeting will not be a cause for
disqualification of a Bidder.
8.1
At any time prior to the deadline for submission of bids, the
Employer may amend the Bidding Document by issuing
addenda.
8.2
Any addendum issued shall be part of the Bidding Document
and shall be communicated in writing to all who have obtained
the Bidding Document from the Employer in accordance with
ITB 6.3.
8.3
To give prospective Bidders reasonable time in which to take
an addendum into account in preparing their bids, the
Employer may, at its discretion, extend the deadline for the
submission of bids, pursuant to ITB 23.2
C. Preparation of Bids
9.
Cost of Bidding
10. Language of Bid
9.1
The Bidder shall bear all costs associated with the preparation
and submission of its Bid, and the Employer shall not be
responsible or liable for those costs, regardless of the conduct
or outcome of the bidding process.
10.1 The Bid, as well as all correspondence and documents relating
to the bid exchanged by the Bidder and the Employer, shall be
written in the language specified in the BDS. Supporting
documents and printed literature that are part of the Bid may
Section I. Instructions to Bidders
15
be in another language provided they are accompanied by an
accurate translation of the relevant passages in the language
specified in the BDS, in which case, for purposes of
interpretation of the Bid, such translation shall govern.
11. Documents
Comprising the
Bid
11.1 The Bid submitted by the Bidder shall comprise the following:
(a)
Letter of Bid
(b)
Completed schedules as required, including Price
Schedules, in accordance with ITB 12 and 17;
(c)
Bid Security or Bid Securing Declaration, in accordance
with ITB 20;
(d)
alternative bids, if permissible, in accordance with ITB
13;
(e)
written confirmation authorizing the signatory of the
Bid to commit the Bidder, in accordance with ITB 21.2;
(f)
documentary evidence established in accordance with
ITB 14.1 that the Plant and Installation Services offered
by the Bidder in its bid or in any alternative bid, if
permitted, are eligible;
(g)
documentary evidence in accordance with ITB 15
establishing the Bidder’s eligibility and qualifications to
perform the contract if its Bid is accepted;
(h)
documentary evidence established in accordance with
ITB 16 that the Plant and Installation Services offered
by the Bidder conform to the Bidding Document;
(i)
in the case of a bid submitted by a JVA, JVA
agreement, or letter of intent to enter into a JVA
including a draft agreement, indicating at least the parts
of the Plant to be executed by the respective partners;
(j)
List of subcontractors, in accordance with ITB 16.2; and
(k)
any other document required in the BDS.
12. Letter of Bid and 12.1 The Bidder shall complete the Letter of Bid, including the
appropriate Price Schedules, using the relevant forms
Schedules
furnished in Section IV, Bidding Forms. The forms must be
completed as instructed in each form.
13. Alternative Bids
13.1 The BDS indicates whether alternative bids are allowed. If
they are allowed, the BDS will also indicate whether they are
16
Section I. Instructions to Bidders
permitted in accordance with ITB 13.3, or invited in
accordance with ITB13.2 and/or ITB 13.4.
13.2 When alternatives to the Time Schedule are explicitly invited,
a statement to that effect will be included in the BDS, and the
method of evaluating different time schedules will be
described in Section III, Evaluation and Qualification Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to
offer technical alternatives to the Employer’s requirements as
described in the bidding document must also provide: (i) a price
at which they are prepared to offer a plant meeting the
Employer’s requirements; and (ii) all information necessary for a
complete evaluation of the alternatives by the Employer,
including drawings, design calculations, technical specifications,
breakdown of prices, and proposed installation methodology and
other relevant details. Only the technical alternatives, if any, of
the lowest evaluated Bidder conforming to the basic technical
requirements shall be considered by the Employer.
13.4 When bidders are invited in the BDS to submit alternative
technical solutions for specified parts of the facilities, such
parts shall be described in Section VI, Employer’s
Requirements. Technical alternatives that comply with the
performance and technical criteria specified for the Plant and
Installation Services shall be considered by the Employer on
their own merits, pursuant to ITB 35.
14. Documents
Establishing the
Eligibility of the
Plant and
Installation
Services
14.1 To establish the eligibility of the Plant and Installation
Services in accordance with ITB Clause 5, Bidders shall
complete the country of origin declarations in the Price
Schedule Forms, included in Section IV, Bidding Forms.
15. Documents
Establishing the
Eligibility and
Qualifications of
the Bidder
15.1 To establish its eligibility and qualifications to perform the
Contract in accordance with Section III, Evaluation and
Qualification Criteria, the Bidder shall provide the information
requested in the corresponding information sheets included in
Section IV, Bidding Forms.
15.2 Domestic Bidders, individually or in joint ventures, applying
for eligibility for domestic preference shall supply all
information required to satisfy the criteria for eligibility as
described in ITB 34.
16.1 The Bidder shall furnish the information stipulated in Section
16. Documents
IV, in sufficient detail to demonstrate substantial
establishing
responsiveness of the Bidders’ proposal to the work
conformity of the
Section I. Instructions to Bidders
Plant and
Installation
Services
17
requirements and the completion time.
16.2 For major items of Plant and Installation Services as listed by
the Employer in Section III, Evaluation and Qualification
Criteria, which the Bidder intends to purchase or subcontract,
the Bidder shall give details of the name and nationality of the
proposed Subcontractors, including manufacturers, for each of
those items. In addition, the Bidder shall include in its bid
information establishing compliance with the requirements
specified by the Employer for these items. Quoted rates and
prices will be deemed to apply to whichever Subcontractor is
appointed, and no adjustment of the rates and prices will be
permitted.
16.3 The Bidder shall be responsible for ensuring that any
Subcontractor proposed complies with the requirements of
ITB 4, and that any plant, or services to be provided by the
Subcontractor comply with the requirements of ITB 5 and ITB
15.1
17. Bid Prices and
Discounts
17.1 Unless otherwise specified in the BDS, bidders shall quote for
the entire Plant and Installation Services on a “single
responsibility” basis such that the total bid price covers all the
Contractor’s obligations mentioned in or to be reasonably
inferred from the bidding document in respect of the design,
manufacture, including procurement and subcontracting (if
any), delivery, construction, installation and completion of the
plant. This includes all requirements under the Contractor’s
responsibilities for testing, pre-commissioning and
commissioning of the plant and, where so required by the
bidding document, the acquisition of all permits, approvals
and licenses, etc.; the operation, maintenance and training
services and such other items and services as may be specified
in the Bidding Document, all in accordance with the
requirements of the General Conditions. Items against which
no 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 prices for other items.
17.2 Bidders are required to quote the price for the commercial,
contractual and technical obligations outlined in the bidding
document.
17.3 Bidders shall give a breakdown of the prices in the manner
and detail called for in the Price Schedules included in Section
IV, Bidding Forms.
17.4 Depending on the scope of the Contract, the Price Schedules
18
Section I. Instructions to Bidders
may comprise up to the six (6) schedules listed below.
Separate numbered Schedules included in Section IV, Bidding
Forms, from those numbered 1-4 below, shall be used for each
of the elements of the Plant and Installation Services. The
total amount from each Schedule corresponding to an element
of the Plant and Installation Services shall be summarized in
the schedule titled Grand Summary, (Schedule 5), giving the
total bid price(s) to be entered in the Letter of Bid.
Schedule No. 1 Plant (including Mandatory Spare Parts)
Supplied from Abroad
Schedule No. 2 Plant (including Mandatory Spare Parts)
Supplied from within the Employer’s Country
Schedule No. 3 Design Services
Schedule No. 4 Installation Services
Schedule No. 5 Grand Summary (Schedule Nos. 1 to 4)
Schedule No. 6 Recommended Spare Parts
Bidders shall note that the plant and equipment included in
Schedule Nos. 1 and 2 above exclude materials used for civil,
building and other construction works. All such materials
shall be included and priced under Schedule No. 4, Installation
Services.
17.5 In the Schedules, bidders shall give the required details and a
breakdown of their prices as follows:
(a)
Plant to be supplied from abroad (Schedule No. 1):
The price of the plant shall be quoted on CIP-named
place of destination basis as specified in the BDS
(b)
Plant manufactured within the Employer’s country
(Schedule No. 2):
(i) The price of the plant shall be quoted on an EXW
Incoterm basis (such as “ex-works,” “ex-factory,”
“ex-warehouse” or “off-the-shelf,” as applicable),
(ii) Sales tax and all other taxes payable in the
Employer’s country on the plant if the contract is
awarded to the Bidder, and
(iii) The total price for the item.
Section I. Instructions to Bidders
19
(c)
Design Services (Schedule No. 3).
(d)
Installation Services shall be quoted separately
(Schedule No. 4) and shall include rates or prices for
local transportation to named place of final destination
as specified in the BDS, insurance and other services
incidental to delivery of the plant, all labor, contractor’s
equipment, temporary works, materials, consumables
and all matters and things of whatsoever nature,
including operations and maintenance services, the
provision of operations and maintenance manuals,
training, etc., where identified in the Bidding Document,
as necessary for the proper execution of the installation
and other services, including all taxes, duties, levies and
charges payable in the Employer’s country as of twentyeight (28) days prior to the deadline for submission of
bids.
(e)
Recommended spare parts shall be quoted separately
(Schedule 6) as specified in either subparagraph (a) or
(b) above in accordance with the origin of the spare
parts.
17.6 The current edition of Incoterms, published by the
International Chamber of Commerce shall govern.
17.7 The prices shall be either fixed or adjustable as specified in
the BDS.
17.8 In the case of Fixed Price, prices quoted by the Bidder shall
be fixed during the Bidder’s performance of the contract and
not subject to variation on any account. A bid submitted with
an adjustable price quotation will be treated as non responsive
and rejected.
17.9 In the case of Adjustable Price, prices quoted by the Bidder
shall be subject to adjustment during performance of the
contract to reflect changes in the cost elements such as labor,
material, transport and contractor’s equipment in accordance
with the procedures specified in the corresponding Appendix
to the Contract Agreement. A bid submitted with a fixed price
quotation will not be rejected, but the price adjustment will be
treated as zero. Bidders are required to indicate the source of
labor and material indices in the corresponding Form in
Section IV, Bidding Forms.
17.10 If so indicated in ITB 1.1, bids are being invited for individual
lots (contracts) or for any combination of lots (packages).
20
Section I. Instructions to Bidders
Bidders wishing to offer any price reduction (discount) for the
award of more than one Contract shall specify in their Letter
of Bid the price reductions applicable to each package, or
alternatively, to individual Contracts within the package, and
the manner in which the price reductions will apply.
17.11 Bidders wishing to offer any unconditional discount shall
specify in their Letter of Bid the offered discounts and the
manner in which price discounts will apply.
18.1 The currency(ies) of the bid shall be, as specified in the BDS.
18. Currencies of
Bid and Payment
18.2 Bidders may be required by the Employer to justify, to the
Employer’s satisfaction, their local and foreign currency
requirements.
19. Period of
Validity of Bids
19.1 Bids shall remain valid for the period specified in the BDS
after the bid submission deadline date prescribed by the
Employer. A bid valid for a shorter period shall be rejected by
the Employer as non responsive.
19.2 In exceptional circumstances, prior to the expiration of the bid
validity period, the Employer may request Bidders to extend
the period of validity of their bids. The request and the
responses shall be made in writing. If a bid security is
requested in accordance with ITB 20, the Bidder granting the
request shall also extend the bid security for twenty-eight (28)
days beyond the deadline of the extended validity period. A
Bidder may refuse the request without forfeiting its bid
security. A Bidder granting the request shall not be required or
permitted to modify its bid, except as provided in ITB 19.3.
19.3 In the case of fixed price contracts, if the award is delayed by
a period exceeding fifty-six (56) days beyond the expiry of the
initial bid validity, the Contract price shall be adjusted by a
factor or factors specified in the request for extension. Bid
evaluation shall be based on the Bid Price without taking into
consideration the above correction.
20. Bid Security
20.1 The Bidder shall furnish as part of its bid, either a BidSecuring Declaration or a bid security as specified in the
BDS, in original form and in the amount specified in the
BDS.
20.2 A Bid-Securing Declaration shall use the form included in
Section IV Bidding Forms.
20.3 If a bid security is specified pursuant to ITB 20.1, the bid
security shall be a demand guarantee in any of the following
Section I. Instructions to Bidders
21
forms at the Bidder’s option:
(a)
an unconditional guarantee issued by a bank or surety;
(b)
an irrevocable letter of credit;
(c)
a cashier’s or certified check; or
(d)
another security indicated in the BDS,
from a reputable source from an eligible country. If the
unconditional guarantee is issued by an insurance company or
a bonding company located outside the Employer’s Country,
the issuer shall have a correspondent financial institution
located in the Employer’s Country to make it enforceable. In
the case of a bank guarantee, the bid security shall be
submitted either using the Bid Security Form included in
Section IV, Bidding Forms or in another substantially similar
format approved by the Employer prior to bid submission. In
either case, the form must include the complete name of the
Bidder. The bid security shall be valid for twenty-eight days
(28) beyond the original validity period of the bid, or beyond
any period of extension if requested under ITB 19.2.
20.4 If a bid security is specified pursuant to ITB 20.1, any bid not
accompanied by a substantially responsive bid security or BidSecuring Declaration shall be rejected by the Employer as non
responsive.
20.5 If a bid security is specified pursuant to ITB 20.1, the bid
security of unsuccessful Bidders shall be returned as promptly
as possible upon the successful Bidder’s furnishing of the
performance security pursuant to ITB 42.
20.6 The bid security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed the
Contract and furnished the required performance security.
20.7 The bid security may be forfeited or the Bid-Securing
Declaration executed:
(a)
if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Letter of Bid or
(b)
if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 41; or
(ii) furnish a performance security in accordance with
ITB 42.
22
Section I. Instructions to Bidders
20.8 The Bid Security or the Bid Securing Declaration of a JVA
shall be in the name of the JVA that submits the bid. If the
JVA has not been legally constituted into a legally enforceable
JVA at the time of bidding, the Bid Security or the Bid
Securing Declaration shall be in the names of all future
partners as named in the letter of intent referred to in ITB 4.1.
20.9 If a Bid-Securing Declaration is executed in accordance with
ITB 20.7, the Employer will declare the Bidder ineligible to be
awarded a contract by the Employer for the period of time
stated in the Form of Bid-Securing Declaration.
20.10 If a bid security is not required in the BDS, and
(a)
if a Bidder withdraws its bid during the period of bid
validity specified by the Bidder on the Letter of Bid
Form, except as provided in ITB 19.2, or
(b)
if the successful Bidder fails to: sign the Contract in
accordance with ITB 41; or furnish a performance
security in accordance with ITB 42;
the Borrower may, if provided for in the BDS, declare the
Bidder disqualified to be awarded a contract by the Employer
for a period of time as stated in the BDS.
21. Format and
Signing of Bid
21.1 The Bidder shall prepare one original of the documents
comprising the bid as described in ITB 11 and clearly mark it
“ORIGINAL.” Alternative bids, if permitted in accordance with
ITB 13, shall be clearly marked “ALTERNATIVE”. In addition,
the Bidder shall submit copies of the bid, in the number
specified in the BDS and clearly mark them “COPY.” In the
event of any discrepancy between the original and the copies,
the original shall prevail.
21.2 The original and all copies of the bid shall be typed or written
in indelible ink and shall be signed by a person duly
authorized to sign on behalf of the Bidder. This authorization
shall consist of a written confirmation as specified in the BDS
and shall be attached to the bid. The name and position held
by each person signing the authorization must be typed or
printed below the signature. All pages of the bid where entries
or amendments have been made shall be signed or initialed by
the person signing the bid.
21.3 A bid submitted by a JVA shall comply with the following
requirements:
(a)
Unless not required in accordance with ITB 4.1 (a), be
Section I. Instructions to Bidders
23
signed so as to be legally binding on all partners and
(b)
Include the Representative’s authorization referred to in
ITB 4.1 (b), consisting of a power of attorney signed by
those legally authorized to sign on behalf of the JVA.
21.4 Any interlineations, erasures, or overwriting shall be valid
only if they are signed or initialed by the person signing the
bid.
D. Submission and Opening of Bids
22. Submission,
Sealing and
Marking of Bids
22.1 Bidders may always submit their bids by mail or by hand.
When so specified in the BDS, bidders shall have the option
of submitting their bids electronically. Procedures for
submission, sealing and marking are as follows:
(a)
Bidders submitting bids by mail or by hand shall enclose
the original and each copy of the Bid, including
alternative bids, if permitted in accordance with ITB 13,
in separate sealed envelopes, duly marking the
envelopes as “ORIGINAL,” “ALTERNATIVE” and “COPY.”
These envelopes containing the original and the copies
shall then be enclosed in one single envelope. The rest
of the procedure shall be in accordance with ITB subClauses 22.2 and 22.3.
(b)
Bidders submitting bids electronically shall follow the
electronic bid submission procedures specified in the
BDS.
22.2 The inner and outer envelopes shall:
(a)
bear the name and address of the Bidder;
(b)
be addressed to the Employer in accordance with ITB
24.1;
(c)
bear the specific identification of this bidding process
indicated in accordance with ITB 1.1; and
(d)
bear a warning not to open before the time and date for
bid opening.
22.3 If all envelopes are not sealed and marked as required, the
Employer will assume no responsibility for the misplacement
or premature opening of the bid.
24
23. Deadline for
Submission of
Bids
Section I. Instructions to Bidders
23.1 Bids must be received by the Employer at the address and no
later than the date and time indicated in the BDS.
23.2 The Employer may, at its discretion, extend the deadline for
the submission of bids by amending the Bidding Document in
accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject to
the deadline shall thereafter be subject to the deadline as
extended.
24. Late Bids
24.1 The Employer shall not consider any bid that arrives after the
deadline for submission of bids, in accordance with ITB 23.
Any bid received by the Employer after the deadline for
submission of bids shall be declared late, rejected, and
returned unopened to the Bidder.
25.1 A Bidder may withdraw, substitute, or modify its bid after it
25. Withdrawal,
has been submitted by sending a written notice, duly signed by
Substitution, and
an authorized representative, and shall include a copy of the
Modification of
authorization in accordance with ITB 21.2, (except that
Bids
withdrawal notices do not require copies). The corresponding
substitution or modification of the bid must accompany the
respective written notice. All notices must be:
(a)
prepared and submitted in accordance with ITB 21 and
ITB 22 (except that withdrawals notices do not require
copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” “SUBSTITUTION,”
“MODIFICATION;” and
(b)
received by the Employer prior to the deadline prescribed
for submission of bids, in accordance with ITB 23.
25.2 Bids requested to be withdrawn in accordance with ITB 25.1
shall be returned unopened to the Bidders.
25.3 No bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder
on the Letter of Bid or any extension thereof.
26. Bid Opening
26.1 The Employer shall conduct the bid opening in public, in the
presence of Bidders` designated representatives and anyone
who choose to attend, and at the address, date and time
specified in the BDS. Any specific electronic bid opening
procedures required if electronic bidding is permitted in
accordance with ITB 22.1, shall be as specified in the BDS.
Section I. Instructions to Bidders
25
26.2 First, envelopes marked “WITHDRAWAL” shall be opened and
read out and the envelope with the corresponding bid shall not
be opened, but returned to the Bidder. No bid withdrawal
shall be permitted unless the corresponding withdrawal notice
contains a valid authorization to request the withdrawal and is
read out at bid opening.
Next, envelopes marked
“SUBSTITUTION” shall be opened and read out and exchanged
with the corresponding bid being substituted, and the
substituted bid shall not be opened, but returned to the Bidder.
No bid substitution shall be permitted unless the
corresponding substitution notice contains a valid
authorization to request the substitution and is read out at bid
opening. Envelopes marked “MODIFICATION” shall be opened
and read out with the corresponding bid. No bid modification
shall be permitted unless the corresponding modification
notice contains a valid authorization to request the
modification and is read out at bid opening. Only bids that are
opened and read out at bid opening shall be considered further.
26.3 All other envelopes shall be opened one at a time, reading out:
the name of the Bidder and the Bid Price(s), including any
discounts and alternative bids, and indicating whether there is
a modification; the presence or absence of a bid security or
Bid-Securing Declaration; and any other details as the
Employer may consider appropriate. Only discounts and
alternative bids read out at bid opening shall be considered for
evaluation. No bid shall be rejected at bid opening except for
late bids, in accordance with ITB 24.1.
26.4 The Employer shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and
whether there is a withdrawal, substitution, or modification;
the Bid Price, per lot if applicable, including any discounts
and alternative bids; and the presence or absence of a bid
security or a Bid-Securing Declaration.
The Bidders’
representatives who are present shall be requested to sign the
record. The omission of a Bidder’s signature on the record
shall not invalidate the contents and effect of the record. A
copy of the record shall be distributed to all Bidders who
submitted bids in time, and posted online when electronic
bidding is permitted.
E. Evaluation and Comparison of Bids
27. Confidentiality
27.1 Information relating to the evaluation of bids and
recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with
26
Section I. Instructions to Bidders
such process until information on Contract award is
communicated to all Bidders.
27.2 Any attempt by a Bidder to influence the Employer in the
evaluation of the bids or Contract award decisions may result
in the rejection of its bid.
27.3 Notwithstanding ITB 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 bidding process, it
should do so in writing.
28. Clarification of
Bids
28.1 To assist in the examination, evaluation, and comparison of
the bids, and qualification of the Bidders, the Employer may,
at its discretion, ask any Bidder for a clarification of its bid.
Any clarification submitted by a Bidder that is not in response
to a request by the Employer shall not be considered. The
Employer’s request for clarification and the response shall be
in writing. No change in the prices or substance of the bid
shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer in
the evaluation of the bids, in accordance with ITB 32.
28.2 If a Bidder does not provide clarifications of its bid by the date
and time set in the Employer’s request for clarification, its bid
may be rejected.
29. Deviations,
Reservations,
and Omissions
30. Determination of
Responsiveness
29.1 During the evaluation of bids, the following definitions apply:
(a)
“Deviation” is a departure from the requirements
specified in the Bidding Document;
(b)
“Reservation” is the setting of limiting conditions or
withholding from complete acceptance of the
requirements specified in the Bidding Document; and
(c)
“Omission” is the failure to submit part or all of the
information or documentation required in the Bidding
Document.
30.1 The Employer’s determination of a bid’s responsiveness is to
be based on the contents of the bid itself, as defined in ITB11.
30.2 A substantially responsive bid is one that meets the
requirements of the Bidding Document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that,
(a)
if accepted, would:
Section I. Instructions to Bidders
27
(b)
(i)
affect in any substantial way the scope, quality, or
performance of the Plant and Installation Services
specified in the Contract; or
(ii)
limit in any substantial way, inconsistent with the
Bidding Document, the Employer’s rights or the
Bidder’s obligations under the proposed Contract;
or
if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive bids.
30.3 The Employer shall examine the technical aspects of the bid in
particular, to confirm that all requirements of Section VI,
Employer’s Requirements have been met without any material
deviation, reservation, or omission.
30.4 If a bid is not substantially responsive to the requirements of
the Bidding Document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction of
the material deviation, reservation, or omission.
31. Nonmaterial
Nonconformities
31.1 Provided that a bid is substantially responsive, the Employer
may waive any nonconformity in the bid that does not
constitute a material deviation, reservation or omission.
31.2 Provided that a bid is substantially responsive, the Employer
may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities in the bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related to
any aspect of the price of the bid. Failure of the Bidder to
comply with the request may result in the rejection of its bid.
31.3 Provided that a bid is substantially responsive, the Employer
shall rectify quantifiable nonmaterial nonconformities related
to the Bid Price. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the price of
a missing or non-conforming item or component. The
adjustment shall be made using the method indicated in
Section III, Evaluation and Qualification Criteria.
32. Correction of
Arithmetical
Errors
32.1 Provided that the bid is substantially responsive, the Employer
shall correct arithmetical errors on the following basis:
(a)
where there are errors between the total of the amounts
given under the column for the price breakdown and the
28
Section I. Instructions to Bidders
amount given under the Total Price, the former shall
prevail and the latter will be corrected accordingly;
(b)
where there are errors between the total of the amounts
of Schedule Nos. 1 to 4 and the amount given in
Schedule No. 5 (Grand Summary), the former shall
prevail and the latter will be corrected accordingly; and
(c)
if there is a discrepancy between words and figures, the
amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject to
(a) and (b) above.
32.2 If the Bidder that submitted the lowest evaluated bid does not
accept the correction of errors, its bid shall be declared nonresponsive.
33. Conversion to
Single Currency
33.1 For evaluation and comparison purposes, the currency(ies) of
the bid shall be converted into a single currency as specified
in the BDS.
34. Margin of
Preference
34.1 No margin of domestic preference shall apply.
35. Evaluation of
Bids
35.1 The Employer shall use the criteria and methodologies
indicated in this Clause. No other evaluation criteria or
methodologies shall be permitted.
Technical Evaluation
35.2 The Employer will carry out a detailed technical evaluation of
the bids not previously rejected to determine whether the
technical aspects are in compliance with the Bidding
Document. The bid that does not meet minimum acceptable
standards of completeness, consistency and detail, and the
specified minimum (or maximum, as the case may be)
requirements for specified functional guarantees, will be
rejected for non responsiveness. In order to reach its
determination, the Employer will examine and compare the
technical aspects of the bids on the basis of the information
supplied by the bidders, taking into account the following:
(a)
overall completeness and compliance with the
Employer’s Requirements; conformity of the Plant and
Installation Services offered with specified performance
criteria, including conformity with the specified minimum
(or maximum, as the case may be) requirement
corresponding to each functional guarantee, as indicated
Section I. Instructions to Bidders
29
in the Specification and in Section III Evaluation and
Qualification Criteria; suitability of the Plant and
Installation Services offered in relation to the
environmental and climatic conditions prevailing at the
site; and quality, function and operation of any process
control concept included in the bid;
(b)
type, quantity and long-term availability of mandatory
and recommended spare parts and maintenance services;
and
(c)
other relevant factors, if any, listed in Section III,
Evaluation and Qualification Criteria.
35.3 Where alternative technical solutions have been allowed in
accordance with ITB 13, and offered by the Bidder, the
Employer will make a similar evaluation of the alternatives.
Where alternatives have not been allowed but have been
offered, they shall be ignored.
Economic Evaluation
35.4 To evaluate a bid, the Employer shall consider the following:
(a)
the bid price, excluding provisional sums and the
provision, if any, for contingencies in the Price
Schedules;
(b)
price adjustment for correction of arithmetic errors in
accordance with ITB 32.1;
(c)
price adjustment due to discounts offered in accordance
with ITB 17.9 or ITB17.10;
(d)
price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 31.3;
(e)
converting the amount resulting from applying (a) to (c)
above, if relevant, to a single currency in accordance
with ITB 33; and
(f)
the evaluation factors indicated in Section III,
Evaluation and Qualification Criteria.
35.5 If price adjustment is allowed in accordance with ITB 17.6,
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.
30
Section I. Instructions to Bidders
35.6 If this Bidding Document allows Bidders to quote separate
prices for different lots (contracts), and the award to a single
Bidder of multiple lots (contracts), the methodology to
determine the lowest evaluated price of the lot (contract)
combinations, including any discounts offered in the Letter of
Bid, is specified in Section III, Evaluation and Qualification
Criteria.
35.7 If the bid, which results in the lowest Evaluated Bid Price, is
seriously unbalanced or front loaded in the opinion of the
Employer, the Employer may require the Bidder to produce
detailed price analyses for any or all items of the Price
Schedules, to demonstrate the internal consistency of those
prices with the methods and time schedule proposed. After
evaluation of the price analyses, taking into consideration the
terms of payments, the Employer may require that the amount
of the performance security 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.
36. Comparison of
Bids
36.1 The Employer shall compare all substantially responsive bids
in accordance with ITB 35.4 to determine the lowest evaluated
bid.
37. Eligibility and
Qualification of
the Bidder
37.1 The Employer shall determine to its satisfaction whether the
Bidder that is selected as having submitted the lowest
evaluated and substantially responsive bid is eligible and
meets the qualifying criteria specified in Section III,
Evaluation and Qualification Criteria.
37.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications submitted
by the Bidder, pursuant to ITB 15.
37.3 An affirmative determination shall be a prerequisite for award
of the Contract to the Bidder. A negative determination shall
result in disqualification of the bid, in which event the
Employer shall proceed to the next lowest evaluated bid to
make a similar determination of that Bidder’s qualifications to
perform satisfactorily.
37.4 The capabilities of the manufacturers and subcontractors
proposed in its Bid to be used by the lowest evaluated Bidder
for identified major items of supply or services will also be
evaluated for acceptability in accordance with Section III,
Evaluation and Qualification Criteria. Their participation
should be confirmed with a letter of intent between the parties,
Section I. Instructions to Bidders
31
as needed. Should a manufacturer or subcontractor be
determined to be unacceptable, the Bid will not be rejected,
but the Bidder will be required to substitute an acceptable
manufacturer or subcontractor without any change to the bid
price. Prior to signing the Contract, the corresponding
Appendix to the Contract Agreement shall be completed,
listing the approved manufacturers or subcontractors for each
item concerned.
38. Employer’s
Right to Accept
Any Bid, and to
Reject Any or
All Bids
38.1 The Employer reserves the right to accept or reject any bid,
and to annul the bidding process and reject all bids at any time
prior to contract award, without thereby incurring any liability
to Bidders. In case of annulment, all bids submitted and
specifically, bid securities, shall be promptly returned to the
Bidders.
F. Award of Contract
39. Award Criteria
39.1 Subject to ITB 38.1, the Employer shall award the Contract to
the Bidder whose offer has been determined to be the lowest
evaluated bid and is substantially responsive to the Bidding
Document, provided further that the Bidder is determined to
be eligible and qualified to perform the Contract satisfactorily.
40. Notification of
Award
40.1 Prior to the expiration of the period of bid validity, the
Employer shall notify the successful Bidder, in writing, that its
bid has been accepted. The notification letter (hereinafter and
in the Conditions of Contract and Contract Forms 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 Plant and Installation
Services (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
40.2 At the same time, the Employer shall also notify all other
Bidders of the results of the bidding, and shall publish in
UNDB online and in dgMarket the results identifying the bid
and lot numbers and the following information: (i) name of
each Bidder who submitted a Bid; (ii) bid prices as read out at
Bid Opening; (iii) name and evaluated prices of each Bid that
was evaluated; (iv) name of bidders whose bids were rejected
and the reasons for their rejection; and (v) name of the
winning Bidder, and the Price it offered, as well as the
duration and summary scope of the contract awarded.
40.3 Until a formal contract is prepared and executed, the
notification of award shall constitute a binding Contract.
32
Section I. Instructions to Bidders
40.4 The Employer shall promptly respond in writing to any
unsuccessful Bidder who, after notification of award in
accordance with ITB 40.2, requests in writing the grounds on
which its bid was not selected.
41. Signing of
Contract
41.1 Promptly upon notification, the Employer shall send the
successful Bidder the Contract Agreement.
41.2 Within twenty-eight (28) days of receipt of the Contract
Agreement, the successful Bidder shall sign, date, and return it
to the Employer.
41.3 Notwithstanding ITB 41.2 above, in case signing of the
Contract Agreement is prevented by any export restrictions
attributable to the Employer, to the country of the Employer,
or to the use of the Plant and Installation Services to be
supplied, where such export restrictions arise from trade
regulations from a country supplying those Plant and
Installation Services, the Bidder shall not be bound by its bid,
always provided, however, that the Bidder can demonstrate to
the satisfaction of the Employer and of the Bank that signing
of the Contact Agreement has not been prevented by any lack
of diligence on the part of the Bidder in completing any
formalities, including applying for permits, authorizations and
licenses necessary for the export of the Plant and Installation
Services under the terms of the Contract.
42. Performance
Security
42.1 Within twenty-eight (28) days of the receipt of notification of
award from the Employer, the successful Bidder shall furnish
the performance security in accordance with the General
Conditions, subject to ITB 35.7, using for that purpose the
Performance Security Form included in Section IX, Contract
Forms, or another form acceptable to the Employer. If the
performance security furnished by the successful Bidder is 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 performance security shall have a correspondent
financial institution located in the Employer’s Country.
42.2 Failure of the successful Bidder to submit the abovementioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award
and forfeiture of the bid security. In that event the Employer
may award the Contract to the next lowest evaluated Bidder
whose offer is substantially responsive and is determined by
the Employer to be qualified to perform the Contract
satisfactorily.
33
Section II. Bid Data Sheet
A. Introduction
ITB 1.1
The number of the Invitation for Bids is : KG-G/ICB-01
ITB 1.1
The Employer is: Agency for Hydrometeorology under the Ministry of
Emergency Situation of the Kyrgyz Republic (Kyrgyzhydromet)
ITB 1.1
The name of the ICB is: Refurbishing observation networks and data
collection center.
The identification number of the ICB is: KG-G/ICB-01
The number and identification of lots (contracts) comprising this ICB is:
n/a
ITB 2.1
The Borrower is: Kyrgyz Republic
ITB 2.1
The name of the Project is: Central Asia HydroMeteorological
Modernization Project
ITB 4.1 (a)
Firms in a joint venture, consortium or association shall be jointly and
severally liable.
B. Bidding Document
ITB 7.1
For clarification purposes only, the Employer’s address is:
Attention: Mr. Ulan Torobekov, Head of PMU
Street Address: 1 Kerimbekova street, room # 26
City: Bishkek
ZIP Code: 720017
Country: Kyrgyz Republic
Telephone: +996(312) 31-44-11
Facsimile number: +996(312) 31-44-11
Electronic mail address: [email protected], [email protected]
ITB 7.4
A Pre-Bid meeting will take place at the following date, time and place:
Date: March 05, 2015, 10-00 (Bishkek time)
Address: Kyrgyz Republic, Bishkek c., 1 Kerimbekova street, room # 26,
assembly hall (ground floor)
Telephone/ Fax: +996(312) 31-44-11
Electronic mail address: [email protected], [email protected]
C. Preparation of Bids
ITB 10.1
The language of the bid and of all correspondence and documents related
to it is: English.
34
ITB 11.1 (k)
Section II. Bid Data Sheet
The Bidder shall submit with its bid the following additional
documents: 1. In the case of a Bidder who offers to supply and install
major items of supply under the contract that the Bidder did not
manufacture or otherwise produce, the Bidder shall provide the
manufacturer’s authorization, using the form provided in Section IV,
showing that the Bidder has been duly authorized by the manufacturer
or producer of the related plant and equipment or component to
supply and install that item in the Employer’s country. The Bidder is
responsible for ensuring that the manufacturer or producer complies
with the requirements of ITB 4 and 5 and meets the minimum criteria
listed above for that item.
2. License of minimum 3rd level from Architect, construction,
housing and utilities State Agency under Government of Kyrgyz
Republic
3. Supplier have to provide certificate of compliance ISO 9001 from Manufacturer
on hydrometeorological equipment
ITB 13.1
Alternative bids are not permitted.
ITB 13.2
Alternatives to the Time Schedule are not permitted.
ITB 13.4
Alternative technical solutions are not permitted.
ITB 17.1
Bidders shall quote for contract on a single responsibility basis.
ITB 17.5(a)
Named place of destination is: Bishkek, Kyrgyz Republic
Named place of final destination is: according to Section VI. Employer’s
Requirements
The prices quoted by the Bidder shall be: Fixed
ITB 17.5(d)
ITB 17.7
ITB 18.1
The currency to be used for quoting prices of the Goods and Services
components of the System offered locally (i.e., from within the Purchaser’s
Country), as well as local currency expenditures for local technical
support, training, maintenance, transportation, insurance, and other local
services incidental to delivery, installation and operation of the System, is:
Kyrgyzstan Som (KGS).
ITB 19.1
The bid validity period shall be: one hundred and twenty (120) days
ITB 20.1
Bid shall include a bid security (issued by bank or surety).
The amount of the bid security shall be sixty five thousand USD
($65,000) or the equivalent of the sum in KGS at the exchange rate of the
National Bank of the Kyrgyz Republic before 28 day of Bid opening date.
Section II. Bid Data Sheet
35
ITB 20.3 (d)
Other types of acceptable securities: None
ITB 21.1
In addition to the original of the bid, the number of copies is: three (3)
copies
ITB 21.2
The written confirmation of authorization to sign on behalf of the Bidder
shall consist of:
a. Copies of original documents defining the constitution or legal status,
place of registration, and principle place of business with written power of
attorney of the signatory of the Bid to commit the Bidder.
b. Bids submitted by a Joint Venture (JV) of two or more firms as partners
shall comply with the above requirement for each partner of the JV and the
Bid shall be signed so as to be legally binding on all parties.
c. Further in the case of a JV, the JV shall nominate a Representative who
shall have the authority to conduct all business for and on behalf of any
and all of the partners of the JV during the bidding process.
D. Submission and Opening of Bids
ITB 22.1
Bidders do not have the option of submitting their bids electronically.
ITB 23.1
For bid submission purposes only, the Employer’s address is :
Attention: Mr. Ulan Torobekov, Head of PMU
Street Address: 1 Kerimbekova street, room # 26
City: Bishkek
ZIP Code: 720017
Country: Kyrgyz Republic
The deadline for bid submission is:
Date: April 10,2015
Time: 14-00 (Bishkek time)
The bid opening shall take place at:
Street Address: 1 Kerimbekova street
Floor/Room number: room # 26
City : Bishkek
Country: Kyrgyz Republic
Date: April 10,2015
Time: 14-10 (Bishkek time)
ITB 26.1
E. Evaluation, and Comparison of Bids
ITB 33.1
The currency(ies) of the Bid shall be converted into a single currency as
follows:
The currency that shall be used for bid evaluation and comparison
purposes to convert all bid prices expressed in various currencies into a
single currency is: Kyrgyzstan Soms (KGS)
The source of exchange rate shall be the exchange rate of the National
36
Section II. Bid Data Sheet
Bank of the Kyrgyz Republic
The date for the exchange rate shall be: 28 days before the date of the
opening of bids
F. Award of Contract
The maximum percentage by which quantities may be increased is: 20%
The maximum percentage by which quantities may be decreased is: 20%
by agreement with the Purchaser
37
Section III. Evaluation and Qualification
Criteria (Without Prequalification)
This Section contains all the criteria that the Employer shall use to evaluate bids and qualify
Bidders. In accordance with ITB 35 and ITB 37, no other factors, methods or criteria shall
be used. The Bidder shall provide all the information requested in the forms included in
Section IV, Bidding Forms.
Section III. Evaluation and Qualification Criteria – Without Prequalification
38
1.
Evaluation
Technical Evaluation (used only for Version A “One-Stage Bidding”)
1.1
In addition to the criteria listed in ITB 35.2 (a) – (c) the following factors shall apply:
Not applicable
1.2
Financial Evaluation
The following factors and methods will apply:
(a) Time Schedule:
Time to complete the Plant and Installation Services from the effective date
specified in Article 3 of the Contract Agreement for determining time for
completion of pre-commissioning activities is: twelve (12) months. No credit will
be given for earlier completion.
(b) Operating and Maintenance Costs
Not applicable (c)
Functional Guarantees of the facilities
Not applicable
(d) Work, services, facilities, etc., to be provided by the Employer
Not applicable
(e)
Specific additional criteria
The relevant evaluation method, if any, shall be as follows: None
1.3
Technical alternatives
Not applicable
39
2.
Qualification
Factor
2.1 Eligibility
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
Joint Venture, Consortium
All partners
Each
At least one
combined
partner
partner
Documentation
Required
2.1.1 Nationality
Nationality in accordance with
ITB 4.2.
Must meet
requirement
Existing or
intended JV
must meet
requirement
Must meet
requirement
--
Form ELI –1.1 and
1.2, with
attachments
2.1.2 Conflict of
Interest
No- conflicts of interests as
described in ITB 4.3.
Must meet
requirement
Existing or
intended JV
must meet
requirement
Must meet
requirement
-
Letter of Bid
2.1.3 Bank
Ineligibility
Not having been declared
ineligible by the Bank as
described in ITB 4.4.
Must meet
requirement
Existing JV
must meet
requirement
Must meet
requirement
-
Letter of Bid
2.1.4 Government
Owned Entity
Compliance with conditions of
ITB 4.6
Must meet
requirement
Must meet
requirement
Must meet
requirement
-
Form ELI –1.1 and
1.2, with
attachments
2.1.5 Ineligibility
based on a United
Nations resolution or
Borrower’s country
law
Not having been excluded as a
result of the Borrower’s country
laws or official regulations, or
by an act of compliance with
UN Security Council resolution,
in accordance with ITB 4.9 b
Letter of Bid
Must meet
requirement
Existing JV
must meet
requirement
Must meet
requirement
-
Section III. Evaluation and Qualification Criteria – Following Prequalification
40
Factor
2.2 Historical Contract Non-Performance
Criteria
Bidder
Sub-Factor
Single Entity
Non-performance of a contract
did not occur within the past
five (5) years prior to the
deadline
for
application
submission, based on all
information on fully settled
disputes or litigation. A fully
settled dispute or litigation is
one that has been resolved in
accordance with the Dispute
Resolution Mechanism under
the respective contract, and
where all appeal instances
available to the bidder have
been exhausted.
Must meet
requirement by
itself or as
partner to past
or existing JV
-
Must meet
requirement by
itself or as
partner to past
or existing JV
-
Form CON - 2
All pending litigation shall in
total not represent more than
twenty-five percent (25%) of
the Bidder’s net worth and shall
be treated as resolved against
the Bidder.
Must meet
requirement by
itself or as
partner to past
or existing JV
-
Must meet
requirement by
itself or as
partner to past
or existing JV
-
Form CON – 2
Requirement
2.2.1 History of nonperforming contracts
2.2.2 Pending
Litigation
Documentation
Required
Joint Venture, Consortium
All partners
Each
At least one
combined
partner
partner
Section III. Evaluation and Qualification Criteria – Following Prequalification
Factor
41
2.3 Financial Situation
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.3.1 Historical
Financial Performance
2.3.2
Average
Annual Turnover
Submission of audited balance
sheets or if not required by the
law of the bidder’s country,
other
financial
statements
acceptable to the Employer, for
the last five (5) years to
demonstrate
the
current
soundness of the bidders
financial position and its
prospective
long
term
profitability.
Minimum average annual
turnover of one million USD
(US$1,000,000) or in
equivalent currency, calculated
as total certified payments
received for contracts in
progress or completed, within
the last five (5) years.
Must meet
requirement
Must meet
requirement
Joint Venture, Consortium
All partners
At least one
Each partner
combined
partner
-
Must meet
requirement
Must meet
requirement
Must meet
twenty five
percent (25%)
of the
requirement
Documentation
Required
-
Form FIN – 3.1 with
attachments
Must meet
forty percent
(40%) of the
requirement
Form FIN –3.2
Section III. Evaluation and Qualification Criteria – Following Prequalification
42
Factor
2.3 Financial Situation
Criteria
Bidder
Sub-Factor
Single Entity
Joint Venture, Consortium
All partners
At least one
Each partner
combined
partner
Must meet
requirement
Must meet
twentyfive
percent (25%)
of the
requirement
Requirement
2.3.3 Financial
Resources
The Bidder must demonstrate
access to, or availability of,
financial resources such as
liquid assets, unencumbered
real assets, lines of credit, and
other financial means, other
than any contractual advance
payments to meet:
(i) the following cash-flow
requirement:
five
hundred
thousand USD (US$500,000)
and
(ii) the overall cash flow
requirements for this contract
and its current commitments.
Must meet
requirement
Must meet
forty percent
(40%) of the
requirement
Documentation
Required
Form FIN –3.3
Section III. Evaluation and Qualification Criteria – Following Prequalification
Factor
43
2.4 Experience
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.1 General
Experience
2.4.2 Specific
Experience
Experience under contracts in the
role of contractor, subcontractor,
or management contractor for at
least the last five (5) years prior
to the applications submission
deadline, and with activity in at
least nine (9) months in each
year.
(a) Participation as contractor,
lead or single contractor, or
subcontractor, in at least one (1)
contracts within the last five (5)
years each with a value of at least
four million USD
(US$4,000,000) or equivalent
currency value, that have been
successfully and substantially
completed and that are similar to
the proposed Plant and
Installation Services. The
similarity shall be based on the
physical size, complexity,
methods/technology or other
characteristics as described in
Section VI, Employer’s
Requirements.
Must meet
requirement
Must meet
requirement
Joint Venture, Consortium
All partners
Each
At least one
combined
partner
partner
-
Must meet
requirements for
all characteristics
Must meet
requirement
-
-
Must meet
requirement for
one
characteristic
Documentation
Required
Form EXP-2.4.1
Form EXP 2.4.2(a)
Section III. Evaluation and Qualification Criteria – Following Prequalification
44
Factor
2.4 Experience
Criteria
Bidder
Sub-Factor
Requirement
Single Entity
2.4.2 Specific
Experience
(b) For the above or other
contracts executed during the
period stipulated in 2.4.2(a)
above, a minimum experience in
the following key activities:
i. Provision and installation of a
total of 30 hydrometeorological
automatic monitoring stations
with telemetry with at least a
single project covering 50 sites.
ii. Supplier have to provide
certificate of compliance ISO
9001 from Manufacturer on
hydrometeorological equipment
iii.Provision of training to
hydrometeorological agencies for
operation and maintenance of
supplied systems.
Must meet
requirements
Joint Venture, Consortium
All partners
Each
At least one
combined
partner
partner
Must meet
requirements
-
Must meet
requirements
Documentation
Required
Form EXP-2.4.2(b)
45
2.5
Personnel
The Bidder must demonstrate that it will have the personnel for the key positions that
meet the following requirements:
No.
1
2
4
Position
Project Manager
HydroMet Network Specialist
IT Specialist
Total Work
Experience
(years)
In Similar
Works
Experience
(years)
5 years
5 years
5 years
2 years
2 years
3 years
The Bidder shall provide details of the proposed personnel and their resume in the
relevant Forms included in Section IV, Bidding Forms.
2.6
Equipment – Not Applicable
2.7
Subcontractors
Subcontractors for the following items of supply or services must meet the following
minimum criteria, herein listed for that item:
Item
Description of Item
Minimum Criteria to be met
No.
1
Installation of equipment and site Must have 5 years’ experience in
preparation
assembly or construction works, also
must have license of minimum 3rd
level from Architect, construction,
housing and utilities State Agency
under Government of Kyrgyz
Republic
Failure to comply with corresponding requirement will result in rejection of the
subcontractor.
In the case of a Bidder who offers to supply and install major items of supply under
the contract that the Bidder did not manufacture or otherwise produce, the Bidder shall
provide the manufacturer’s authorization, using the form provided in Section IV,
showing that the Bidder has been duly authorized by the manufacturer or producer of
the related plant and equipment or component to supply and install that item in the
Employer’s country. The Bidder is responsible for ensuring that the manufacturer or
producer complies with the requirements of ITB 4 and 5 and meets the minimum
criteria listed above for that item.
47
Section IV. Bidding Forms
Table of Forms
Letter of Bid....................................................................................................................... 49
Letter of Bid – Single Stage Bidding.............................................................................. 49
Technical Proposal ............................................................................................................ 57
Site Organization ........................................................................................................... 58
Method Statement .......................................................................................................... 59
Mobilization Schedule ................................................................................................... 60
Construction Schedule ................................................................................................... 61
Plant 62
Equipment ......................................................................................................................... 63
Form FUNC .................................................................................................................. 63
Personnel ........................................................................................................................... 64
Form PER -1 ................................................................................................................. 64
Form PER-2 .................................................................................................................. 65
Proposed Subcontractors for Major Items of Plant and Installation Services ............... 66
Form ELI 1.1 ..................................................................................................................... 67
Bidder Information Sheet ............................................................................................... 67
Form ELI 1.2 ..................................................................................................................... 68
Party to JVA Information Sheet ..................................................................................... 68
Form CON – 2 ................................................................................................................... 69
Historical Contract Non-Performance ............................................................................ 69
Form CCC ......................................................................................................................... 70
Current Contract Commitments ..................................................................................... 70
Financial Situation ............................................................................................................ 71
Form FIN – 3.1 .............................................................................................................. 71
Form FIN – 3.2 .............................................................................................................. 73
Form FIN 3.3................................................................................................................. 74
Form EXP 2.4.1 ................................................................................................................. 75
Form EXP – 2.4.2(a) .......................................................................................................... 76
48
Section IV. Bidding Forms
Form EXP – 2.4.2(b).......................................................................................................... 78
Form of Bid Security ......................................................................................................... 80
Bank Guarantee ............................................................................................................. 80
Bid Bond 81
Manufacturer’s Authorization .......................................................................................... 82
Section IV. Bidding Forms
49
Letter of Bid
Letter of Bid – Single Stage Bidding
Date:
ICB No.:
Invitation for Bid No.:
To: _______________________________________________________________________
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Document, including
Addenda issued in accordance with Instructions to Bidders (ITB)
;
(b) We offer to _________________________, in conformity with the Bidding Document, the
following Plant and Installation Services:
(c) The price of our Bid, excluding any discounts offered in item (d) below is the sum of:
_________________________, (_____________), and __________________, (___________)
(d) The discounts offered and the methodology for their application are:
;
(e) Our bid shall be valid for a period of ____________________________ days from the
date fixed for the bid submission deadline in accordance with the Bidding Document,
and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with
the Bidding Document;
(g) We, including any subcontractors or manufacturers for any part of the contract , have or
will have nationalities from eligible countries, in accordance with ITB-4.2;
(h) We, including any subcontractors or manufacturers for any part of the contract, do not
have any conflict of interest in accordance with ITB-4.3;
(i) We are not submitting more than one bid in this bidding process as a Bidder, either
individually or as a partner in a joint venture, in accordance with ITB-4.3, except for
alternative offers permitted under ITB Clause 13;
50
Section IV. Bidding Forms
(j) We, including any of our subcontractors or manufacturers for any part of the contract,
have not been declared ineligible by the Bank, under the Employer’s country laws or
official regulations or by an act of compliance with a decision of the United Nations
Security Council;
(k) We are not a government owned entity/ We are a government owned entity but meet the
requirements of ITB-4.5;5
(l) We have paid, or will pay the following commissions, gratuities, or fees with respect to
the bidding process or execution of the Contract:
Name of Recipient
Address
Reason
Amount
(If none has been paid or is to be paid, indicate “none.”)
(m) We understand that this bid, together with your written acceptance thereof included in
your notification of award, shall constitute a binding contract between us, until a formal
contract is prepared and executed; and
(n) We understand that you are not bound to accept the lowest evaluated bid or any other bid
that you may receive.
Name
In the capacity of
_
Signed
Duly authorized to sign the bid for and on behalf of
Dated on ________________________________ day of _______________________, _____
5
Bidder to use as appropriate
51
Schedules of Rates and Prices
Schedule No. 1 - Goods Supplied from Abroad
Item
Code1
Description
Qty.
(1)
Unit Price
CIP
(2)
(3)
TOTAL (to Schedule No. 5. Grand Summary)
Name of Bidder
Signature of Bidder
1
Bidders shall enter a code representing the country of origin of all imported plant and equipment.
Total Price
(1) x (3)
52
Section IV. Bidding Forms
Country of Origin Declaration Form
Item
Description
Code
Country
Section IV. Bidding Forms
53
Schedule No. 2 - Goods Supplied from Within the Employer’s Country
Item
Code1
Description
Qty.
(1)
Unit Price
CIP
(2)
(3)
TOTAL (to Schedule No. 5. Grand Summary)
Name of Bidder
Signature of Bidder
Total Price
(1) x (3)
54
Section IV. Bidding Forms
Schedule No. 3 - Other Services
Item
Description
Qty.
(1)
1.
Platform preparation#1
1
2.
Platform preparation #2
1
3.
Platform preparation #3
1
4.
Platform preparation #4
5.
Preparation of working documents #1
6.
Supply of equipment and materials
1
7.
Rent of storage facilities (Bishkek c.)
1
8.
Installation #1
1
9.
Installation #2
1
10. Installation #3
1
11. Installation #4
1
12. Installation #5
1
13. Acceptance testing
1
14. User training #1
1
15. User training #2
1
16. User training #3
1
17. Guarantee service and technical support
1
Unit Price
Foreign
Currency
Portion
(2)
Local
Currency
Portion
(3)
Total Price
Foreign
Local
(1) x (2)
(1) x (3)
1
1 set
TOTAL (to Schedule No. 5. Grand Summary)
Name of Bidder
Signature of Bidder
Section IV. Bidding Forms
55
Schedule No. 4 - Grand Summary
Item
Description
Total Price
Foreign
Total Schedule No. 1a and 1b - Goods Supplied from Abroad
Total Schedule No. 2 - Goods Supplied from Within the Employer’s Country
Total Schedule No. 3. – Other Services
TOTAL (to Bid Form)
Name of Bidder
Signature of Bidder
Note: The prices are to remain firm and fixed for the duration of the Contract.
Local
56
Section IV. Bidding Forms
Schedule No. 4- Recommended Spare Parts
Item
Description
Qty.
(1)
Unit Price
CIF or CIP
EXW
(foreign parts) (local parts)
(2)
(3)
Name of Bidder
Signature of Bidder
Total Price
(1) x (2) or(3)
57
Technical Proposal
-
Site Organization
-
Method Statement
-
Mobilization Schedule
-
Construction Schedule
-
Plant
-
Contractor’s Equipment
-
Personnel
-
Proposed Subcontractors for Major Items of Plant and Installation Services
-
Others
58
Section IV. Bidding Forms
Site Organization
Section IV. Bidding Forms
59
Method Statement
60
Section IV. Bidding Forms
Mobilization Schedule
Section IV. Bidding Forms
61
Construction Schedule
62
Section IV. Bidding Forms
Plant
Section IV. Bidding Forms
63
Equipment
Form FUNC
The Bidder shall copy in the left column of the table below, the identification of each
functional guarantee required in the Specification and stated by the Employer in para. 1.2 (c) of
Section III. Evaluation and Qualification Criteria, and in the right column, provide the
corresponding value for each functional guarantee of the proposed plant and equipment.
Required Functional Guarantee
1.
2
3.
…
Value of Functional Guarantee of the
Proposed Plant and Equipment
64
Section IV. Bidding Forms
Personnel
Form PER -1
Proposed Personnel
Bidders should provide the names of suitably qualified personnel to meet the specified
requirements stated in Section III. The data on their experience should be supplied using the
Form below for each candidate.
1.
Title of position*
Name
2.
Title of position*
Name
3.
Title of position*
Name
4.
Title of position*
Name
*As listed in Section III.
Section IV. Bidding Forms
65
Form PER-2
Resume of Proposed Personnel
Name of Bidder
Position
Personnel
information
Name
Date of birth
Professional qualifications
Present
employment
Name of employer
Address of employer
Telephone
Contact (manager / personnel officer)
Fax
E-mail
Job title
Years with present employer
Summarize professional experience over the last 20 years, in reverse chronological order.
Indicate particular technical and managerial experience relevant to the project.
From
To
Company / Project / Position / Relevant technical and management experience
66
Section IV. Bidding Forms
Proposed Subcontractors for Major Items of Plant and
Installation Services
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are proposed for carrying out the item of
the facilities indicated. Bidders are free to propose more than one for each item
Major Items of Plant and
Installation Services
Proposed Subcontractors/Manufacturers
Nationality
Section IV. Bidding Forms
67
Form ELI 1.1
Bidder Information Sheet
Date: ______________________
ICB No.: ___________________
Invitation for Bid No.: ________
Page ________ of _______ pages
1. Bidder’s Legal Name
2. In case of JVA, legal name of each party:
3. Bidder’s actual or intended Country of Registration:
4. Bidder’s Year of Registration:
5. Bidder’s Legal Address in Country of Registration:
6. Bidder’s Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
 Articles of Incorporation or Registration of firm named in 1, above, in accordance with
ITB Sub-Clauses 4.1 and 4.2.
 In case of JVA, letter of intent to form JVA including a draft agreement, or JVA
agreement, in accordance with ITB Sub-Clauses 4.1 and 11.1(i) Single Stage Bidding
or 11.1(g) Two Stage Bidding.
 In case of government owned entity from the Employer’s country, documents
establishing legal and financial autonomy and compliance with the principles of
commercial law, in accordance with ITB Sub-Clause 4.5.
Please note that a written authorization needs to be attached to this sheet as required by ITB
21.2 Single Stage Bidding.
68
Section IV. Bidding Forms
Form ELI 1.2
Party to JV Information Sheet
Date: ______________________
ICB No.: ___________________
Invitation for Bid No.:_________
Page ________ of_ ______ pages
1. Bidder’s Legal Name:
2. JV’s Party legal name:
3. JV’s Party Country of Registration:
4. JV’s Party Year of Registration:
5. JV’s Party Legal Address in Country of Registration:
6. JV’s Party Authorized Representative Information
Name:
Address:
Telephone/Fax numbers:
Email Address:
7. Attached are copies of original documents of:
 Articles of Incorporation or Registration of firm named in 1, above, in accordance
with ITB Sub-Clauses 4.1 and 4.2.
 In case of government owned entity from the Purchaser’s country, documents
establishing legal and financial autonomy and compliance with the principles of
commercial law, in accordance with ITB Sub-Clause 4.5.
Section IV. Bidding Forms
69
Form CON – 2
Historical Contract Non-Performance
Bidder’s Legal Name: _______________________
JVA Partner Legal Name: _______________________
Date: _____________________
___________________
ICB No.: __________________
Page _______ of _______ pages
Non-Performing Contracts in accordance with Section III, Evaluation Criteria

Contract non-performance did not occur during the stipulated period, in accordance
with Sub- Factor 2.2.1 of Section III, Evaluation Criteria
Pending Litigation, in accordance with Section III, Evaluation Criteria

No pending litigation in accordance with Sub-Factor 2.2.2 of Section III, Evaluation
Criteria
 Pending litigation in accordance with Sub-Factor 2.2.2 of Section III, Evaluation
Criteria, as indicated below
Total Contract
Year
Outcome as
Amount
Percent of
Contract Identification
Total Assets
Contract Identification:
______
______
Name of Employer:
___________
Address of Employer:
Matter in dispute:
Contract Identification:
______
______
Name of Employer:
___________
Address of Employer:
Matter in dispute:
70
Section IV. Bidding Forms
Form CCC
Current Contract Commitments
Bidders and each partner to a JV should provide information on their current commitments on
all contracts that have been awarded, or for which a letter of intent or acceptance has been
received, or for contracts approaching completion, but for which an unqualified, full
completion certificate has yet to be issued.
Name of contract
1.
2.
3.
4.
5.
etc.
Employer,
contact
address/tel/fax
Value of
outstanding
work
Estimated
completion date
Average
monthly
invoicing over
last six months
Section IV. Bidding Forms
71
Financial Situation
Form FIN – 3.1
Historical Financial Performance
Bidder’s Legal Name: _______________________
JVA Partner Legal Name: _______________________
Date: _____________________
ICB No.: __________________
Page _______ of _______ pages
To be completed by the Bidder and, if JVA, by each partner
Financial
information
in US$
equivalent
Historic information for previous ______ (__) years
Year
2___
Year
2___
Year
2___
Year
2___
Year n
Information from Balance Sheet
Total Assets
(TA)
Total
Liabilities
(TL)
Net Worth
(NW)
Current
Assets (CA)
Current
Liabilities
(CL)
Information from Income Statement
Total
Revenue (TR)
Profits Before
Taxes (PBT)
Avg.
Avg.
Ratio
72
Section IV. Bidding Forms
Attached are copies of financial statements (balance sheets, including all related notes, and
income statements) for the years required above complying with the following
conditions:
(a) Must reflect the financial situation of the Bidder or partner to a JVA, and not sister
or parent companies
(b) Historic financial statements must be audited by a certified accountant
(c)
Historic financial statements must be complete, including all notes to the financial
statements
(d) Historic financial statements must correspond to accounting periods already
completed and audited (no statements for partial periods shall be requested or
accepted)
Section IV. Bidding Forms
73
Form FIN – 3.2
Average Annual Turnover
Bidder’s Legal Name: ___________________________ Date: _____________________
JVA Partner Legal Name: ____________________________ ICB No.: __________________
Page _______ of _______ pages
Year
Annual turnover data (construction only)
Amount and Currency
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
_________________________________________ ____________________
*Average
Annual
Construction
Turnover
_________________________________________ ____________________
*Average annual turnover calculated as total certified payments received for work in
progress or completed, divided by the number of years specified in Section III, Evaluation
Criteria, Sub-Factor 2.3.2.
74
Section IV. Bidding Forms
Form FIN 3.3
Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines of
credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as indicated in Section III,
Evaluation and Qualification Criteria
Source of financing
1.
2.
3.
4.
Amount
Section IV. Bidding Forms
75
Form EXP 2.4.1
Experience - General Experience
Bidder’s Legal Name: ____________________________ Date: _____________________
JVA Partner Legal Name: ____________________________ICB No.: __________________
Page _______ of _______ pages
Starting
Month /
Year
Ending
Month /
Year
______
______
______
______
______
______
______
______
______
______
______
______
Contract Identification
Years
*
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Contract name:
Brief Description of the Works performed by the
Bidder:
Name of Employer:
Address:
Role of
Bidder
_________
_________
_________
_________
_________
_________
*List calendar year for years with contracts with at least nine (9) months activity per year
starting with the earliest year
76
Section IV. Bidding Forms
Form EXP – 2.4.2(a)
Specific Experience
Bidder’s Legal Name: ___________________________
JVA Partner Legal Name: _________________________
Date: _____________________
ICB No.: __________________
Page _______ of _______ pages
Similar Contract Number: ___ of ___
required
Information
Contract Identification
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Total contract amount



Contractor
Management
Contractor
Subcontractor
_________________________
If partner in a JVA or subcontractor,
specify participation of total contract __________% _____________
amount
_______
_______
Employer’s Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
Section IV. Bidding Forms
77
Form EXP – 2.4.2(a) (cont.)
Specific Experience (cont.)
Bidder’s Legal Name: ___________________________
Page _______ of _______ pages
JVA Partner Legal Name: ___________________________
Similar Contract Number: ___ of ___
required
Description of the similarity in
accordance with Sub-Factor 2.4.2a) of
Section III:
Information
Amount
_________________________________
Physical size
_________________________________
Complexity
_________________________________
Methods/Technology
_________________________________
78
Section IV. Bidding Forms
Form EXP – 2.4.2(b)
Specific Experience in Key Activities
Bidder’s Legal Name: ___________________________
JVA Partner Legal Name: _________________________
Subcontractor’s Legal Name: ______________
Date: _____________________
ICB No.: __________________
Page _______ of _______ pages
Information
Contract Identification
_______________________________________
Award date
Completion date
_______________________________________
_______________________________________
Role in Contract
Total contract amount



Contractor
Management
Contractor
Subcontractor
_________________________
________
If partner in a JVA or subcontractor,
specify participation of total contract __________% _____________ ________
amount
Employer’s Name:
_______________________________________
Address:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Telephone/fax number:
E-mail:
Section IV. Bidding Forms
79
Form EXP – 2.4.2 (b)(cont.)
Specific Experience in Key Activities (cont.)
Bidder’s Legal Name: ___________________________
Page _______ of _______ pages
JVA Partner Legal Name: ___________________________
Subcontractor’s Legal Name: __________________________
Information
Description of the key activities in
accordance with Sub-Factor 2.4.2b) of
Section III:
80
Section IV. Bidding Forms
Form of Bid Security
Bank Guarantee
Beneficiary: __________________________
Date: __________________________
BID GUARANTEE No.: __________________________
We have been informed that __________________________ (hereinafter called “the
Bidder”) has submitted to you its bid dated ___________ (hereinafter called “the Bid”) for
the execution of ________________ under Invitation for Bids No. ___________ (“the
IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a
bid guarantee.
At the request of the Bidder, we ____________________ hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ___________
(____________) upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Bidder is in breach of its obligation(s) under the bid conditions,
because the Bidder:
(a)
has withdrawn its Bid during the period of bid validity specified by the
Bidder in the Form of Bid; or
(b)
having been notified of the acceptance of its Bid by the Employer during
the period of bid validity, (i) fails or refuses to execute the Contract
Form, if required, or (ii) fails or refuses to furnish the performance
security, in accordance with the ITB.
This guarantee will expire: (a) if the Bidder is the successful Bidder, upon our receipt of
copies of the contract signed by the Bidder and the performance security issued to you upon
the instruction of the Bidder; and (b) if the Bidder is not the successful Bidder, upon the
earlier of (i) our receipt of a copy your notification to the Bidder of the name of the
successful Bidder; or (ii) twenty-eight days after the expiration of the Bidder’s bid.
Consequently, any demand for payment under this guarantee must be received by us at the
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________________
[signature(s)]
Section IV. Bidding Forms
81
Form of Bid Security
Bid Bond
BOND NO. ______________________
BY THIS BOND _____________ as Principal (hereinafter called “the Principal”), and
___________________, authorized to transact business in ________________, as Surety
(hereinafter called “the Surety”), are held and firmly bound unto _________________ as
Obligee (hereinafter called “the Employer”) in the sum of ____________6 (__________), for
the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind
ourselves, our successors and assigns, jointly and severally, firmly by these presents.
WHEREAS the Principal has submitted a written Bid to the Employer dated the ___ day of
______, 20__, for the construction of _____________ (hereinafter called the “Bid”).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the
Principal:
(a)
withdraws its Bid during the period of bid validity specified in the Form of Bid;
or
(b)
having been notified of the acceptance of its Bid by the Employer during the
period of Bid validity; (i) fails or refuses to execute the Contract Form, if
required; or (ii) fails or refuses to furnish the Performance Security in
accordance with the Instructions to Bidders;
then the Surety undertakes to immediately pay to the Employer up to the above amount upon
receipt of the Employer’s first written demand, without the Employer having to substantiate
its demand, provided that in its demand the Employer shall state that the demand arises from
the occurrence of any of the above events, specifying which event(s) has occurred.
The Surety hereby agrees that its obligation will remain in full force and effect up to and
including the date 28 days after the date of expiration of the Bid validity as stated in the
Invitation to Bid or extended by the Employer at any time prior to this date, notice of which
extension(s) to the Surety being hereby waived.
IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be
executed in their respective names this ____ day of ____________ 20__.
Principal: _______________________
Surety:
_____________________________
Corporate Seal (where appropriate)
_______________________________
(Signature)
____________________________________
(Signature)
(Printed name and title)
(Printed name and title)
6
The amount of the Bond shall be denominated in the currency of the Employer’s country or the equivalent
amount in a freely convertible currency.
82
Section IV. Bidding Forms
Manufacturer’s Authorization
[Manufacturer’s letterhead]
Date: __________________
ICB No.: _________________
To: ________________________
WHEREAS
We ___________________, who are official manufacturers of ____________________,
having
factories
at
_____________________,
do
hereby
authorize
______________________ to submit a bid the purpose of which is to provide the following
goods, manufactured by us _______________________, and to subsequently negotiate and
sign the Contract.
We hereby extend our full guarantee and warranty in accordance with Clause 27 of the
General Conditions, with respect to the goods offered by the above firm.
Signed: _______________________________________
Name: ______________________________________
Title:______________________________________
Duly authorized to sign this Authorization on behalf of:
______________________________________
Dated on ____________ day of __________________, _______
83
Section V. Eligible Countries
Eligibility for the Provision of Goods, Works and Services in BankFinanced Procurement
1.
Eligible for this procurement are firms of, and goods manufactured in, all
countries except countries, if any, listed in the following restrictions.
2.
In accordance with para. 1.8 (a) of the Guidelines: Procurement under IBRD
Loans and IDA Credits, firms of a Country or goods manufactured in a Country may be
excluded if
(i)
as a matter of law or official regulation, the Borrower’s Country prohibits
commercial relations with that Country, provided that the Bank is satisfied that
such exclusion does not preclude effective competition for the supply of the
goods or works required, or
(ii)
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
Borrower’s Country prohibits any import of goods from that Country or any
payments to persons or entities in that Country.
3.
For the information of borrowers and bidders, at the present time firms, goods
and services from the following countries are excluded from this bidding:
With reference to paragraph (i) above: none
With reference to paragraph (ii) above: none
85
PART 2 –Employer’s
Requirements and
Specifications
Section VI. Employer’s Requirements
Contents
Scope of Supply of Plant and Installation Services by the Contractor ........................... 87
Form of Completion Certificate ................................................................................... 219
Form of Operational Acceptance Certificate ................................................................ 220
Change Order Procedure and Forms ............................................................................ 221
Change Order Procedure ............................................................................................. 222
Annex 1. Request for Change Proposal ........................................................................... 223
Annex 2. Estimate for Change Proposal ......................................................................... 225
Annex 3. Acceptance of Estimate .................................................................................... 227
Annex 4. Change Proposal .............................................................................................. 228
Annex 5. Change Order................................................................................................... 231
Annex 6. Pending Agreement Change Order .................................................................. 232
Annex 7. Application for Change Proposal ..................................................................... 234
Drawings ......................................................................................................................... 235
Supplementary Information ........................................................................................... 236
Section IV. Bidding Forms
87
Scope of Supply of Plant and Installation Services by the
Contractor
1.
GENERAL INFORMATION .......................................................................................
1.1. PROJECT HISTORY ..................................... Ошибка! Закладка не определена.
1.1.1 Initial Information on The Project
Ошибка! Закладка не определена.
1.1.2 Project Goals
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1.1.3 The Kyrgyz Republic
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1.1.4 Climatic conditions
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1.1.5 Hydrology
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1.1.6.
Ошибка! Закладка не определена.
Kyrgyzhydromet
Ошибка! Закладка не определена.
Ошибка! Закладка не определена.
Ошибка! Закладка не определена.
1.2. WORK SITES
1.3. TERMS AND ABBREVIATIONS
2.
LIST OF GOODS AND SERVICES .................... Ошибка! Закладка не определена.
2.1
LIST OF GOODS ...................................... Ошибка! Закладка не определена.
2.1.1 List of Goods for Work Site B01 (Kyrgyzhydromet Central Office)
Закладка не определена.
Ошибка!
2.1.2 List of spare parts for WS B001 (Kyrgyzhydromet central office, warehouse)
Ошибка! Закладка не определена.
2.1.3 List of Goods for Work Sites М01-М33, Н01 and Н02
Ошибка! Закладка не
определена.
2.2
LIST OF SERVICES ................................. Ошибка! Закладка не определена.
2.2.1 List of Services for WS B01, M01-M33, H01 and H02
Ошибка! Закладка не
определена.
3. FUNCTIONAL REQUIREMENTS ..................... Ошибка! Закладка не определена.
3.1.1 Objectives of Network and Data Collecting CenterModernization
Закладка не определена.
Ошибка!
3.1.2 Main Approaches to Modernization of Observation Network and Data
Acquisition Center
Ошибка! Закладка не определена.
3.1.3 Actions For The Forthcoming Upgrade Of A Hydrometeorological Network,
Low-Level Communication Subsystem and DCC
Ошибка! Закладка не определена.
3.1.4 Compliance with WMO technical regulations Ошибка! Закладка не определена.
4. DETAILED TECHNICAL REQUIREMENTS ... Ошибка! Закладка не определена.
4.1
GENERAL REQUIREMENTS ................. Ошибка! Закладка не определена.
4.1.1 Requirements to the Offered Goods and Services
определена.
Ошибка! Закладка не
4.1.2 Requirements to Tender Application
Ошибка! Закладка не определена.
4.1.3 Date Handling
Ошибка! Закладка не определена.
4.1.4 Power supply and power consumption
Ошибка! Закладка не определена.
4.1.5 Units of Measurement
Ошибка! Закладка не определена.
4.1.6 Environment
Ошибка! Закладка не определена.
4.1.7 Noise Level
Ошибка! Закладка не определена.
Section IV. Bidding Forms
89
4.1.8 Certification Requirements
Ошибка! Закладка не определена.
4.1.9 Requirements to Scope of Supply
Ошибка! Закладка не определена.
4.1.10 Requirements for the Documentation Provided with the Hardware and
Software
Ошибка! Закладка не определена.
4.2
HARDWARE ............................................ Ошибка! Закладка не определена.
4.2.1 Servers
Ошибка! Закладка не определена.
4.2.3 System Units
Ошибка! Закладка не определена.
4.2.4 Monitors
Ошибка! Закладка не определена.
4.2.5 Laptops
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4.2.6 Telecommunications closet #1
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4.2.7 Uninterruptible power supplies
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4.2.8 Switches
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4.2.9 Firewalls
Ошибка! Закладка не определена.
4.2.10 Printers
Ошибка! Закладка не определена.
4.2.11 Measurement Equipment of Stations
Ошибка! Закладка не определена.
4.2.12 Leveling device #1
Ошибка! Закладка не определена.
4.2.13 GPS receiver #1
Ошибка! Закладка не определена.
4.2.14 Engineering and power supply equipment and facilities
определена.
4.2.15 Communication Equipment
Ошибка! Закладка не
Ошибка! Закладка не определена.
4.2.16 Mounting kits
Ошибка! Закладка не определена.
4.3
SOFTWARE ............................................. Ошибка! Закладка не определена.
4.3.1 Software #1 (server part of Software)
182
4.3.2. Software #2 (Client part of Software#1, User interfaces)
185
4.3.3. Software #3.
185
4.4
SERVICES ................................................ Ошибка! Закладка не определена.
5
4.4.1 General Provisions
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4.4.2 Scope of Work
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4.4.3 Preparatory Works
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4.4.4 Installation
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4.4.5 Acceptance Tests
Ошибка! Закладка не определена.
4.4.6 Users Training
Ошибка! Закладка не определена.
4.4.7 Lease of Storage Facilities
Ошибка! Закладка не определена.
4.4.8 Warranty Maintenance
Ошибка! Закладка не определена.
4.5. Employer Responsibilities Regarding Services Ошибка! Закладка не определена.
FIGURES AND DRAWINGS ............................... Ошибка! Закладка не определена.
6
APPENDECIES .................................................... Ошибка! Закладка не определена.
7
PROJECT IMPLEMENTATION SCHEDULE .. Ошибка! Закладка не определена.
7.1. List and Schedule of Services and Goods DeliveryОшибка! Закладка не определена.
8. REQUIREMENTS TO THE FORMAT OF TECHNICAL OFFER FORMATОшибка!
Закладка не определена.
8.1
DESCRIPTION OF INFORMATION TECHNOLOGY, MATERIALS, OTHER
PRODUCTS AND SERVICES ................. Ошибка! Закладка не определена.
8.1.1 General requirementsя
Ошибка! Закладка не определена.
8.1.2 Format Requirements
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8.2
NOTES FOR EACH ITEM OF TECHNICAL REQUIREMENTS ........ Ошибка!
Закладка не определена.
8.3
PRELIMINARY PROJECT PLAN............ Ошибка! Закладка не определена.
8.4
CONFIRMATION OF RESPONSIBILITY FOR THE COMBINATION AND
INTERACTION OF IT SYSTEM COMPONENTS......... Ошибка! Закладка не
определена.
9. Forms and Procedures .............................................. Ошибка! Закладка не определена.
Form of Completion Certificate ............................. Ошибка! Закладка не определена.
Form of Operational Acceptance Certificate .......... Ошибка! Закладка не определена.
Change Order Procedure and Forms ...................... Ошибка! Закладка не определена.
Section IV. Bidding Forms
91
1. GENERAL INFORMATION
1.1.
PROJECT HISTORY
Central Asian countries are liable to natural disasters caused by weather conditions, including
floods and landslides, drought, low temperatures, avalanches, storms with hail and strong winds,
which make up the most part of all the economic losses associated with natural disasters. There
is a need of more detailed information about weather, water and climate across the region, in
particular, early warning systems are required, as well as support strategies to reduce disaster
risk, more efficient response to natural disasters, and climate adaptation strategies in agriculture
and food protection, transportation, management of water resources, the use of water power, and
public health. For a stable social and economic development, it is necessary to improve the
services related to weather, climate and water throughout Central Asia.
However, since the mid-1980s, activity of the National Hydrometeorological Services of Central
Asia (NHMS CA) has declined due to the overall reduction of expenses for the public needs.
These reductions impaired the ability of NHMS CA to provide proper and reliable services
related to weather, water and climate. Lack of access to the latest and precise data on weather,
climate and water resources has an adverse impact on economic development, early warning and
prevention of natural emergencies.
Economic evaluation showed that even modest investments in improvement of activities and
services of NHMS CA can yield significant revenue in key sectors that are dependent on weather
conditions and water resources. For this purpose, the Kyrgyz Republic has received funding from
the World Bank via The International Development Association (IDA).
For further support of services related to water, weather and climate in Central Asia, the World
Bank in collaboration with NHMS CA is working on Central Asia Hydrometeorology
Modernization Project (CAHMP).
Central Asia Hydrometeorology Modernization Project (CAHMP) is developed to improve
quality of information and services relating to weather, water and climate. CAHMP is dedicated
to:
 Strengthening of the institutions of the National Hydrometeorological Services (NMHS)
by improving the level of human resources and financial autonomy;
 Modernization of hydrometeorological observation networks to ensure early warning of
adverse and dangerous weather conditions, as well as proper water resources
management;
 Provision of the enhanced service; and
 Improvement of the integration within the common regional cooperation system.
The goal of the Central Asia Hydrometeorology Modernization Project is to improve accuracy
and responsiveness of hydrometeorological services in Central Asia with particular attention to
the Kyrgyz Republic and the Republic of Tajikistan. NHMS CA is divided into 3 components:
Component A — Strengthening of the regional coordination and exchange of information: This
component shall ensure that each National Hydrometeorological Service (NHMS) region uses,
exchanges and archives unified meteorological data and information, and that each Service has a
relatively high level of competence in the field of information supply and provision of
hydrometeorological services.
Component B — Strengthening of the Hydrometeorological Service in the Kyrgyz Republic:
This component will help to strengthen Kyrgyzhydromet to provide it with infrastructure and to
ensure consistent observations, forecasts and services in the sphere of weather, water and climate
conditions that will satisfy the economic and social needs of the country.
Component C — Strengthening of the Hydrometeorological Service in the Republic of
Tajikistan. This component will help to strengthen Tajikhydromet to provide it with
infrastructure and to ensure consistent observations, forecasts and services in the sphere of
weather, water and climate conditions that will satisfy the economic and social needs of the
country.
This bidding concerns Component B — Strengthening of the Hydrometeorological Service in the
Kyrgyz Republic.
1.1.1.
Initial Information on The Project
The Kyrgyz Republic has received funding from the International Development Association for
carrying out of activities within Component B of the Central Asia Hydrometeorology
Modernization Project (NHMS CA). As a result, the Kyrgyz Republic plans to use a part of the
funds to pay for the contract, which this Request for Proposal is issued for.
The Agency on Hydrometeorology under Ministry of emergency situations of the Kyrgyz
Republic (KyrgyzHydromet) is responsible for full implementation of the program within the
country. A Project Coordination Unit (PCU) was established in the KyrgyzHydromet to assist
organization of works, shipments and technical support.
1.1.2.
Project Goals
The main goal of the Central Asia Hydrometeorology Modernization Project is more efficient
operation of national hydrometeorological services to enable observations, forecasting and
provision of services on the modern level, which would meet the economic and social
requirements of the countries participating in the project.
Within Component B, the subcomponent B.2 is aimed at modernization of hydrometeorological
observation network to provide timely warnings on critical and dangerous weather conditions
and enhance efficiency of national water resources management system. This will be achieved
through:
 Carry out the necessary preparatory works for equipment installation at the stations;
 Installation of equipment for the automatic monitoring of hydrological, climatic,
agrometeorological and meteorological parameters at the stations;
 Implementation of a reliable communication system for transmitting meteorological data
from stations in the center of data collection;
 Establish of the data-collection center for receiving, processing and archiving
information;
 Conduct training for Kyrgyzhydromet stuff and establish training center in order to
maintain the necessary level of human resources; Development of the
hydrometeorological forecasting systems.
The subcomponent B.2 is intended for recovery of meteorological and hydrological observation
networks and provision of efficient and timely transmission and availability of observation data.
There is a need of investment into IT infrastructure to establish a modern software and hardware
environment to ensure effective and timely data collection from observation networks, and to
allow the data processing in near real-time to comply with the requirements for modeling and
forecasting. This will improve and accelerate issue of storm warnings and hydrological forecasts
and therefore improve quality of meteorological services supplied to the authorities, to the
Ministry of Emergency Situations and Agriculture, to the Ministry of Water Resources
Management, and to other users.
Hardware and software will meet modern standards in this area. Introduction of the improved
and modern systems will help to meet the needs of the national economy and the
hydrometeorological data users, as well as to implement national and international obligations
for the exchange of information on national meteorological conditions.
Section IV. Bidding Forms
93
1.1.3.
The Kyrgyz Republic
The Kyrgyz Republic is a former Soviet republic in Central Asia, which borders Kazakhstan on
the north, Uzbekistan on the west, Tajikistan on the south-west, and China on the east.
The country area is 200,000 km², population is over 5.5 million people. The Kyrgyz Republic is
located within 39° 40' and 44° N and 69° and 81' E. Over 80 % of the territory is covered by
ranges of Tian Shan, while the other part of the country is represented by valleys and plains.
1.1.4.
Climatic conditions
Location of the Kyrgyz Republic in the center of the largest continent, Eurasia, far from large
water bodies, and neighborhood of deserts, determines the arid continental climate, somewhat
mitigated by high hypsographic location of the country, which provides higher level of
precipitation and narrower annual air temperature range as compared with adjacent valley areas.
Most of the territory of the Kyrgyz Republic is situated in the temperate climate belt, while south
regions are in the subtropical climate bent.
Large altitude ranges create significant contrasts in temperature conditions and humidity. The
mountain climate is characterized by decrease in atmospheric pressure and temperature with
altitude, decrease in diurnal and annual temperature fluctuations, increase in precipitation up to a
certain altitude.
Wind regime has a relatively low wind speeds, because the mountain ranges hinder the
development of high speeds, so the average speed ranges from 1 to 3 m/s. West winds(till 25-40
m/s) take place during cold air outbreaks.
Distribution of air temperatures is characterized with altitudinal zonality: average annual air
temperature varies from plus 10 – 13°C in valley areas to minus 7–8°C in high mountain region.
The maximum air temperature in summer reaches values 38°..43°C, the minimum air
temperatures reach winter in lowland areas -30°..-38° C, in the mountains -40°..-49°C.
Compared to the arid Central Asia region, the mountain regions of the Kyrgyz Republic are
relatively humid. The average annual precipitations fall is 300-1000 mm, in some cases day
precipitations fall can be 70-100 mm.
In most of the regions of the Kyrgyz Republic, most of precipitations fall during warm period of
a year. Osh, Jalalabad, and Batken regions are the exceptions where 50–60% of annual
precipitation falls in cold period.
1.1.5. Hydrology
The streamflow of the Kyrgyz Republic is formed entirely within its territory. This is one of the
characteristics of the country. The Kyrgyz Republic has extensive water resources. There are
over 30 thousands of rivers and streams, including 1960 rivers with length exceeding 10 km. On
the average, 49 km3 of water runs down from the mountains to the valleys.
The main waterway of the Kyrgyz Republic is the Naryn River, which is formed by confluence
of the Bolshoy and Maliy Naryn Rivers, and has a number of tributaries, the largest being the
following: On Archa, At Bashy, Kek Jerty, Alabuga, Kekemeren, Uzun Akmat, and Kara Suu
(left and right).
Most of the rivers of the Kyrgyz Republic are fed by snow cover of mountains. Glacier feed
makes up to 15 – 25 % of the annual river flow from mountains. The glaciers ensure additional
flow during the hottest period of the year. A certain part of river flow in the Kyrgyz Republic is
provided by rains, particularly in the eastern part of the Issyk-Kul basin, where the rains
contribute 10 –18 % of annual flow against 1 – 2 % for the remaining territory of Kyrgyzstan.
Despite the fact that rains make no significant contribution to annual river flow, they have great
influence on formation of maximum water flows in rivers and generation of mudflows.
The groundwater feed of rivers is very important. The groundwater feed of most of the rivers of
Kyrgyzstan is 35 – 40 %. It is the only source in the cold period, when there are no rains and
snow does not thaw.
Sediment runoff is an important hydrologic parameter. In general, Kyrgyzstan rivers are
characterized by relatively low turbidity. Annual average turbidity of rivers of the Chuy, Talas
and Issyk Kul basins is 100 – 250 g/m3; for the Syr Darya and Naryn basins, the turbidity varies
in the range of 500-1000 g/m3, while for the Kyzyl Suu basin it exceeds 1000 g/m3.
1.1.6. Kyrgyzhydromet
As a member of the World Meteorological Organization (WMO), the Kyrgyz Republic provides
access to the national observation network data to the world meteorological community via its
NHMS and receives data from NHMSs of other countries.
NHMS activity is regulated by the laws and decrees of the Kyrgyz Republic. On June 8, 2006, a
law “On hydrometeorological activity in the Kyrgyz Republic” was adopted.
The employees of the Kyrgyzhydromet prepare warnings on dangerous hydrometeorological
phenomena (including mudflows, floods, avalanches, freezing, heavy precipitation), sudden
changes of weather, short-term, medium-term, and long-term weather forecasts, hydrological
forecasts, including floods beginning, volumes, formation of rainfall floods and mudflow
phenomena, as well as agrometeorological forecasts.
The regulatory and procedural base for operation of NHMS departments is Guidelines and
Regulatory Documents for Organization and Performance of Meteorological, Hydrological,
Agrometeorological observations, Transmission and Processing of data, Preparation of Forecasts
for Various Periods and Warnings on Hazardous Hydrometeorological Phenomena.
For the period from Kyrgyzhydromet establishment as an independent NHMS until now, new
methods of obtaining, processing, and analysis of data and forecasting of hydrometeorological
conditions have been introduced in the world meteorological practice, scope and nomenclature of
informational materials (analyses and forecasts) has increased, and new methods for provision of
customers with hydrometeorological data have been introduced. The regulatory and procedural
base of Kyrgyzhydromet operational activity is technically outdated and does not meet current
requirements. In particular, this concerns to observation and forecast departments.
The organizational structure of Kyrgyzhydromet is based on functional and territory
administrative principles and includes departments and subdivisions in the NHMS central
administration, as well as structural divisions, such as regional hydrometeorological centers.
Kyrgyzhydromet includes 4 RHMSs:
 RHMS Naryn — Naryn, Naryn Region;
 RHMS Osh — Osh, Osh Region;
 RHMS Jalalabat — Jalalabat, Jalalabat Region;
 RHMS Karakol — Karakol, Issyk-Kul Region;
In Talas and Batken Regions, RHMS functions on hydrometeorological services are performed
by unified hydrometeorological stations (UHMS) Talas and Batken. In Chuy Region, the
hydrometeorological services are provided by the Administration of Hydrometeorological
Observations, Forecasts and Information (Gidromettcenter). All forecasts are prepared only in
the Administration of Hydrometeorological Observations, Forecasts and Information. Then, the
forecasts are sent in the text form (telephoned) to RHMSs.
1.1.6.1.
Ground Hydrometeorological Observations
The results of observations at ground weather and hydrological stations are essential to detect
hazardous natural phenomena, to prepare high-quality and timely weather forecasts and flood
forecasts as well as to regulate water use. Depending on their purpose, the stations record
temperature, pressure, humidity, evaporation rate, wind speed, solar radiation and other
components of radiation balance, moisture content in the soil, thickness of snow cover, moisture
content in the snow cover, hydrological regime parameters.
The meteorological observation network comprises 33 weather stations. Kyrgyzhydromet
managed to preserve 8 operating high-mountain stations.
Section IV. Bidding Forms
95
Figure 1. Observation network of Kyrgyzhydromet
The entire hydrometeorological system and its basic observation networks as well as the main
operating principles were developed before the mid 1970s and have not been changed since that
time.
Stations and posts are fitted with physically outdated instruments, equipment and communication
facilities and require high expenses to recover serviceability and functionality. Over 90% of
them shall be replaced. Most measuring devices have been operated for more than 30 years.
Air/soil temperature and atmospheric pressure are measured by mercury-containing measuring
devices. Some types of equipment have already been withdrawn from production, for example,
mercury barometers. Almost all observations are carried out manually by Kyrgyzhydromet
employees who live and work on site. For example, wind data detectors are broken down at all
weather stations, so weathercocks are used to monitor wind parameters. Cloud ceiling and range
of visibility are measured by eye. There are no spare parts available to recover functionality of
measuring devices and equipment.
Actinometric observations of radiation balance components are carried out at three stations:
Bishkek, Suusamyr, Cholpon-Ata.
It should be noted that observation sites at the stations are in satisfactory condition. Four
automatic AMC (automated meteorological complexes) (made in USA) have been operated
within the ground meteorological observations system for 6 years.
The Kyrgyzhydromet ground meteorological observation network requires modernization.
Technical upgrading of the ground meteorological network is a priority task, and it shall imply
outfitting the stations of Regional reference network RA 2 of World Meteorological
Organization with automated meteorological complexes including the complex control facilities,
data acquisition and transmission facilities.
Hydrological instruments at the posts are outworn by 90%. At 7 posts water discharge is
measured by remote installations GR-70 and SEBA, and water-level recorders (WLR) are
operated at 8 posts. At other posts automatic measuring instruments, sensors and data recorders
are not used.
The power facilities with expired service life are not upgraded. There are no life-saving
appliances and special clothes to provide safety of works on the water surface. Many
hydrological posts have faulty hydrometrical facilities (hydrometric cableways, bridges).
Considering complex hydrological regime of water bodies, primarily in mountainous areas and
submountain areas, and high value of water resources, technical improvements are required. To
provide high quality of flood forecasts and warnings and improve the water resource
management systems of the country, the main hydrological posts of Kyrgyzhydromet shall be
equipped with additional measuring instruments, individual hydrological devices and
communication facilities.
Currently, the agrometeorological network comprises 30 stations. . The agrometeorological
station and post network shall be retrofitted to the benefit of Ministry of Agriculture, agricultural
agencies and local and regional organizations, which are the main users of the
agrometeorological information
The Kyrgyzhydromet observation network comprises:
 33 meteorological stations (including 3 stations involved in research and works
relating to snow avalanches, and 20 stations involved in agrometeorological
observations);
 2 meteorological posts;
 9 agrometeorological posts;
 77 hydrological posts;
 5 hydrological posts at lakes and water storage basins;
 14 posts for atmospheric air pollution control;
 23 hydrologic sections for water sampling for hydrological and chemical analyses.
The Kyrgyzhydromet observation network is an essential component of the global observation
network, and it is purposed for continuous, reliable and quality observations, as well as for
integration and compatibility with national and international systems.
Due to the tasks assigned, the meteorological network is used for observations as per the
“Guidelines for hydrometeorological stations and posts” (issue 3, part 1, Gydrometizdat, 1985),
Guidelines is available at: meteo.kg, subsection Manuals and Iinstructions.
Under conditions of natural hydrometeorological phenomena, additional observations shall be
carried out to determine the hazard level and the coverage of the phenomena. As per the effective
regulatory document – the Instruction “The procedure for the preparation and transmission
prevention of the occurrence of natural hydrometeorological disasters” Bishkek 2001 and the
Instruction “Criteria of the dangerous (unfavorable) hydrometeorological phenomena and order
of submission of the storm message on their origin”, Bishkek 2002 - hazardous atmospheric
phenomena include: stormy wind, squall, whirlwind, precipitations, snowstorm, dust (sand)
storm, fog, ice and frost formations with intensity, rate or duration reach or exceed the specified
criteria. Instructions are available on the site meteo.kg, subsection “Manuals and instructions”.
As regards operating and life support conditions, difficult-to-access observation departments
(DOD) located in complex physical and geographical and severe climatic conditions of the
highland are distinguished.
The instruments and equipment listed by Kyrgyzhydromet are the main source of meteorological
information at the stations.
Meteorological measurements at the stations are performed as per normative technical
documents that comply with World Meteorological Organization standards (Manual
"Meteorological instruments and observation methods", No.8, World Meteorological
Organization).
Actinometric observations are carried out at 3 stations of the Kyrgyzhydromet observation
network, providing measurements of the following components of the radiation balance: direct,
total, diffused and reflected radiation.
The Kyrgyzhydromet meteorological observation network is joined with a specialized
agrometeorological network; observations are carried out as per the Guidelines for
hydrometeorological stations and posts (issue 2, part 1, Gydrometizdat, 1985).
Hydrological observations are carried out as per Guidelines for hydrometeorological stations and
posts (issue 2, part 2, Gydrometizdat, 1975).
Section IV. Bidding Forms
97
According to the meteorological program meteorological observations of temperature
(maximum, minimum, current), precipitation, snow cover depth are monitored at each
hydrometeorological post. The following instruments and equipment are used: Seljanin’s booth,
Tretyakov precipitation gage, rainfall-measuring jar, maximum, minimum and current
thermometers, snow survey stake.
1.1.6.2. Metrological Observation Support
Calibration of the measuring instrumentation is a set of operations to verify the measuring
instrumentation compliance with the metrological standards.
Calibration of measuring instruments, including hydrometeorological instruments, is regulated
by the Law of the Kyrgyz Republic No.71 "On Uniformity of Measurements" dated May 29,
2012. (http://cbd.minjust.gov.kg/act/view/ru-ru/205339?cl=ru-ru).
On the basis of Agreement on coordinated policy in metrology standardization and certification
dated March 13, 1992 the registers of instruments and equipment made in the Russian Federation
and Kazakhstan are being approved in the Kyrgyz Republic.
State calibration of measuring instruments is performed by Kyrgyzgosstandard according to the
annual schedule of measuring instruments calibration.
The Kyrgyzhydromet structure comprises Telecommunications and Information Technologies
Department (TITD) that is in charge of current repair and departmental verification/calibration of
measuring instruments (MI). Every five years Kyrgyzhydromet specialists in charge of MI
verification and calibration take retraining courses at Main Geophysical observatory named after
A.I.Voyeykov in St. Petersburg and are issued a certificate after the courses completion
All calibration means are technically out-dated and their service life has expired. TITD and MI
shall be fitted out with a verification means including mobile ones (on other Contract).
Establishment of the hydrometeorological data quality management system is essential for
NHMS operation, and it will enhance quality of data received from the observation network and
quality of information provided to users.
1.1.6.3. Existing Low-Level Communication Subsystems structure
Hydrometeorological data are collected from the lowland station network via wire
communication channels provided by the Communication department (telephone network, public
telegraph network), 9 stations transmit data via VPN L2 channels, high-mountain meteorological
stations provide forecasts via internal communication facilities (radio communication). Over 30
stations and posts, mainly included in the hydrological network, are fitted with advanced radio
stations Barrett-940, Icom-718, Alinco-135, which definitely improves amount of data and
timeliness of data acquisition. Still, lack of a well-designed solution developed based on
international experience of similar sub-systems construction and modern communication and
data transfer technologies hinders the subsystem operation at the level required for the
forecasting subsystem.
Every month, 7920 synoptic reports, 630 agrometeorological telegrams, 720 hydrological
telegrams and storm warnings are received from the observation network. Due to physical wear,
the power supply systems at meteorological stations and posts equipped with diesel generators,
gasoline units and alkaline storage batteries fail to maintain uninterrupted power supply of
technological equipment, and required household power supply in high mountain areas.
Reception of information mainly implemented via wire communication channels in the message
switching center (MSC) arranged in Bishkek. The information transmitted via radio channels is
received by two sectional radio stations (SRS) in Bishkek and Osh, and then is manually entered
into MSC. The main volume of information transferred via radio channels is received at SRS in
Bishkek. The content collection and distribution system MITRA ( http://sng.pogoda.by/wdpss/?p=755)
was arranged in 2013 within the scope of the Central Asia Hydrometeorological Modernization
Project , and further it will be a component of Data Collection Center being currently established
on the project.
Information received from the stations network is processed with the software of the message
commutation center to make bulletins. A complex based on software and hardware system
UniMAS7.3 (https://www.wmo.int/pages/prog/www/DPFS/ProgressReports/2004/KyrgyzRep_rus.pdf) which is
used to establish the message switching center. To support the process, "Unimas" is linked to the
workstations of specialists (meteorological forecasts, hydrological forecasts, agricultural
forecasts, avalanche control department) via the Ethernet local area network. Further processing
is performed mainly manually. The outer circuit of the DSC is equipped with appropriate
communication equipment: multiplexers, modems and various link adapters ensuring data
exchange between automatic data communication network (ADCN) and users, whereupon data
is included in messages that are formalized according to the established norms.
Connection to Global Telecommunication System of World Meteorological Organization is
provided via the Internet channel through the Regional Data Acquisition Centre in Tashkent.
Hydrometeorological data are transmitted from the Kyrgyzhydromet observation network via
that channel to Global Telecommunication System of World Meteorological Organization and
hydrometeorological services of Kazakhstan and Uzbekistan (in the volume specified in the
international agreements). Every day weather forecasts for the next three days are transmitted to
hydrometeorological services of Kazakhstan and Russia via the same channel as per agreements
on scientific and technological cooperation. The information received is mainly presented with
aerosynoptical data in the form of maps with total size of up to 25 Mb/day and satellite images
with total size of 2 Mb/day.
Also, electronic mail is used to receive/transmit weather forecasts and storm warnings to
hydrometeorological services of neighboring countries and to send information products to users.
The volume of outgoing information may be estimated as follows: daily forecasts and adjusted
forecasts for 12 hours are sent to 60 addresses, month forecasts are sent to 35 addresses,
hydrological surveys are sent to 15 addresses, agrometeorological bulletins and seasonal surveys
are sent to 5 addresses, special references are sent to 3 addresses. Besides, all above listed
information is sent by the phone and on paper media. Kyrgyzhydromet uses optical internet
channel with bandwidth 4 MB/s which may be extended to 6 MB/s.
Currently, the NHMS observation network includes:
1) 33 meteorological stations (including three difficult-to-access avalanche research
stations: It-Agar, Teo-Ashuu, Chon-Ashuu);
2) 77 hydrometeorological posts (48 posts transmit real-time information);
3) 2 meteorological posts;
4) 9 agrometeorological posts.
The following channels and communication facilities are used to collect information from the
observation network: telephone channel (voice), SMS, radio communication channel (Morse),
VPN channel, telegraph. Detailed information is performed in Appendix 1, par.Ошибка!
Источник ссылки не найден.. The existing low-level communication subsystem fails to
provide timely, full and quality collection of information from the observation network due to
outdated technical equipment and software which prevents usage of modern communication
types
Meteorological and agrometeorological information is collected in the southern region by means
of the sectional radio station arranged in Osh and fitted with hardware and software complex
(HSC) UniMAS 7.3; then the information is transmitted to message switching center (MSC) in
Bishkek. In the northern region, the information is directly transferred to MSC in Bishkek. In
the northern region, the information is directly transferred to MSC in Bishkek. Information from
snow avalanche research stations is collected via radio channels using “Morse” code. The TeoAshuu snow avalanche station is powered from the industrial network, and is situated within the
Section IV. Bidding Forms
99
cellular network coverage area. The It-Agar and Chon-Ashuu snow avalanche stations are not
powered from the industrial network, and they are outside the cellular network coverage area.
Hydrological information is collected by the following regional hydrometeorology centers and
unified hydrometeorological stations:
 Chuy region — unified hydrometeorological station Bishkek;
 Talas region — unified hydrometeorological station Kyzyl – Adyr;
 Issyk Kul region — unified hydrometeorological station Balykchi and regional
hydrometeorology center Karakol;
 Naryn region — regional hydrometeorology center Naryn;
 Jalalabad region — unified hydrometeorological station Toktogul and regional
hydrometeorology center Jalalabad;
 Osh region — unified hydrometeorological station Uzgen and unified
hydrometeorological station Nookat.
Storage batteries at 1/3 of radio stations are charged by means of low-power gasoline units to
provide power supply for radio stations and a minimum number of observation facilities (М-63).
Figure 2. Diagram of information collection and distribution
1.1.6.4. Power Supply
On 121 hydrometeorological network facilities use industrial power supply. The duration of a
power outages at the observation network facilities does not exceed 4-6 hours. Long-time power
outages with duration up to 10 hours are possible in the head office of Kyrgyzhydromet.
In the winter season reduced voltage (180 volts) in power supply networks prevails across the
country.
On remote (DOD) It-Agar and Chon-Ashuu snow avalanche stations industrial power supply is
not available. For observations data transfer the gasoline generator working up to 30 minutes
eight times per day is used. Generators on DOD exhausted their resources, and in some cases,
due to complexity of fuel delivery, operation of the generating set is not possible.
Section IV. Bidding Forms
101
1.2.
WORK SITES
List of Work Sites (WS) and delivery places presented below.
Table 1.
Kyrgyzhydromet Central Office
Work Site Name
Site Address
Site Code
Agency on Hydrometeorology under Kyrgyz Republic, Bishkek,
Ministry of emergency situations of the Kerimbekov str., 1
B01
Kyrgyz Republic (KyrgyzHydromet)
Warehouse
Kyrgyz Republic, Bishkek,
B001
Kerimbekov str., 1
Table 1.2 - List of M01-M33 WS
Station
#
Station Name
Code
Latitude
N
Longitude
E
Site Code
M01
1. 38353
Bishkek
42° 51'
74° 32'
M02
2. 38615
Osh
40° 30'
72° 48'
M03
3. 36948
Karakol
42° 24'
78 ° 24'
4. 36974
Naryn
41° 26'
75° 59'
M04
M05
5. 38486
Ala-Archa
42° 34'
74° 29'
M06
6. 16139
Sary-Bulak
41° 09 '
73° 12'
M07
7. 38228
Jany-Jer
43° 07'
74° 24'
8. 38479
Massy
41° 07'
72° 38'
M08
M09
9. 38358
Suusamyr
42° 09'
74° 01'
M10
10.36911
Tokmok
42° 49'
75° 18'
11.36914
Yssyk-Ata
42° 44'
75° 01'
M11
M12
12.38616
Kara-Suu
40° 42'
72° 54'
M13
13.38871
Sary-Tash
39° 43'
73° 15'
M14
14.38610
Nookat
40° 16'
72°39'
15.38621
Uzgen
40° 46'
73° 18'
M15
M16
16.38627
Gulcha
40° 18'
73° 27'
M17
17.38608
Batken
40° 03'
70° 52 '
M18
18.38722
Isphana
39° 48'
69° 31'
M19
19.38342
Kyzyl-Adyr
42° 39'
71° 38'
M20
20.38345
Talas
42° 31'
72° 13'
21.38476
Ak-Terek
41° 17'
72° 50'
22.38613
Jalal-Abad
40° 56'
72° 28'
M21
M22
M23
23.38472
Pacha-Ata
41° 35'
71° 40'
M24
24.38471
Chatkal
41° 54'
71° 19'
25.38473
Toktogul
41° 52'
72° 56'
M25
M26
26.36927
Balykchi
42° 28'
76° 11'
M27
27.36944
Kyzyl-Suu
42° 21'
78° 02'
M28
28.38355
Baitik
42° 39'
74° 30'
29.36934
Cholpon-Ata
42° 36'
77° 04'
M29
M30
30.38482
Chaek
41° 55'
74° 30'
M31
31.38359
Teo-Ashuu
42° 20'
73° 49'
32.38349
It-Agar
42° 10'
72° 54'
33.36954
Chon-Ashuu
42° 26 '
79° 02'
M32
M33
Section IV. Bidding Forms
Table 1.3.
#
103
List of H01 and H02 WS
Post Name
Latitud
e
N
Longitud
e
E
River/Lake
1. 16681
Shamaldysai village
41° 10'
72° 09'
Naryn river
2. 16169
Uch-Korgon village
40° 11'
72° 05'
IsphairamSai H02
river
Station
Code
Site Code
H01
1.3.
TERMS AND ABBREVIATIONS
Term/Abbreviation
DEFINITION
BAPCO Sysmark
Integral computer tests used for performance analysis
of office applications (SysMark), web content
(WebMark - obsolete?), mobile computers battery-life
time (MobileMark)
CAPTCHA
Completely Automated Public Turing test to tell
Computers and Humans Apart — Turing Test
CMS
Content management system
CSS
Cascading Style Sheets formal language describing
presentation style of documents written in markup
language
DVI
Digital Visual Interface
FLASH
Multimedia platform by Adobe Co used for webapplications and multimedia presentation design
FSB
Front Side Bus - bus providing the connection between
the x86-compatible CPU and internal devices
FTP
File Transfer Protocol
GPRS
General Packet Radio Service - add-on mobile
technology GSM, performing packet data transmission.
GSM
Group Special Mobile / Global System for Mobile
Communications - the global standard for digital
mobile communications, with time division (TDMA)
and frequency (FDMA) multiplexing
GUI
Graphic User Interface set of graphic and hypertext
elements, allowing to navigate information system.
HTML, HTML5
HyperText Markup Language – standard markup
language used to create Web pages on Internet sites
ISO-image
Image of the optical disk containing the file system ISO
9660 (standard issued by the International Organization
for Standardization, describing a file system for CDROM)
IP
The system of classifying protection degrees of
electrical equipment shell against the penetration of
solid objects and water
LCD
Liquid Crystal Display
NEMA6
The National Electrical Manufacturers Association in
the United States
ODF
Open Document Format for Office Application
OSPF
Open Shortest Path First - dynamic routing protocol
based on link-state tracking technology (link-state
technology) and using Dijkstra Algorithm for finding
the shortest path
PCI Express/ PCIe/ PCI-E
Computer bus that uses a PCI bus programming model
and a high-performance physical protocol based on
serial data transfer
PDF
Portable Document Format - cross-platform electronic
document format developed by Adobe Systems using
some of PostScript language features
Section IV. Bidding Forms
PNG
POPЗ
QoS
RSS
SAS (controller)
SBD
SIM-card
SMS
SMTP
SSH
TIFF
TRS
URL
USB
UTF-8
VDC
VLAN
VPS/ VDS
WMO
XML
AHC
AB
AMC
AMS
AWS
ADTS
DB
HMS
105
Portable Network Graphics - raster graphic storage
format, uses lossless Deflate compression algorithm
Post Office Protocol version 3
Quality of Service
(Rich Site Summary, often called Really Simple
Syndication) -XML-format, used for a short description
of the new information published on the web-site and
links to its full version
Serial Attached SCSI — computer interface designed
for communication with hard drives and tape drives
Short Burst Data - packet data transmission
Subscriber Identification Module
Short Message Service
Simple Mail Transfer Protocol - widely used network
protocol for transmitting electronic mail (e-mail) over
TCP / IP networks
Secure Shell - application layer network protocol
Tagged Image File Format
Connector used for transmission of audio signals
Uniform Resource Locator – a standardized form of
the resource or page address on the Internet.
Universal Serial Bus — serial data interface for
medium and low-speed peripherals computer devices
Encoding, implements Unicode representation, uses 8bit code units for compatibility with 8-bit encoding
Voltage direct current
Virtual Local Area Network - logical ("virtual") local
computer network, group of hosts with a common set of
requirements that communicate as if they were
connected to a broadcast domain, regardless of their
physical location
Virtual Private Server/ Virtual Dedicated Server —
service providing a virtual dedicated server to user. In
terms of operating system control it's equivalent to a
dedicated physical server. Particularly root-access,
dedicated IP-addresses, ports, traffic filtering rules and
routing tables
World Meteorological Organization
eXtensible Markup Language - text format designed for
structured data store (instead of the existing database
files), for information exchange between programs,
and to create on its basis more specialized markup
languages.
Automated Hydrological Complex
Accumulator (Rechargeable) Battery
Automated Meteorological Complex
Automatic Meteorological Station
Automated WorkStation
Automated Data Transmission System
DataBase
HydroMeteorological Station
GOST
ICoB
WMO IS
OC
KR
Content
Kyrgyzhydromet
LCN, LAN
LWSP
IDA
MP
WS
MS
NHMS
NHMS CA
RLA
UHMS
PC
PCU
CAHMP
SW
Portal
CDM
HSC
GD
NHMP
MM
SNiP
SAS
DBMS, DB
TS
DOD
UV
RHMS
MSC
DCC
ECM
State standard specification
Informational card of Bid
WMO information system
Observation Codes
Kyrgyz Republic
Any is information significant filling of an information
resource which can be provided to the user
Agency on Hydrometeorology under Ministry of
emergency situations of the Kyrgyz Republic
Local Computer Network (Local Area Network)
Laminated Wood-Shaving Plate
International Development Association
Meteorological Post
Work Site
Meteorological Station (Weather Station)
National Hydrometeorological Service
National Hydrometeorological Services of Central Asia
Regulatory Legal Act
Unified HydroMeteorological Station
Personal Computer
Project Coordination Unit
Central Asia Hydrometeorology Modernization Project
Software
Automated information-technical system (a complex of
network software applications and technology
infrastructure), providing users with different modes of
access to resources and services of the information
system of organization. In the context of this document
- the access is provided via Internet communication
channels.
The Contractor on Delivery and Mounting
Hardware Software Complex
Guidance Document
Natural HydroMeteorological Phenomena
Mass Media
Construction codes and regulations (SNiP)
Special Application Software
DataBase Management System
Technical Specification
Difficult-to-access Observation Departments
Ultraviolet irradiation
Regional HydroMeteorological Service
Messages Switching Center
Data Acquisition Center
Electronic Computing Machine, Computer
Section IV. Bidding Forms
107
2.
LIST OF GOODS AND SERVICES
2.1.
LIST OF GOODS
2.1.1.
List of Goods for Work Site B01 (Kyrgyzhydromet Central Office)
#
Name
Quantity
Measurement
Unit
Specifications
1.
Server #1
2
pcs.
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2.
Storage system #1
1
pcs.
4.2.2
3.
System unit #1
2
pcs.
4.
Monitor #1
2
pcs.
5.
Rack mount #1
1
pcs.
6.
Uninterruptible power supply #1
1
pcs.
7.
Uninterruptible power supply #2
2
pcs.
8.
Switch #1
1
pcs.
9.
Firewall (hardware) #1
1
pcs.
10.
Printer #1
1
pcs.
не
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11.
Printer #2
2
pcs.
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12.
GSM Terminal #1
2
pcs.
4.2.15.2
13.
Software #1
2
pcs.
0
14.
Software #2
2
pcs.
15.
Tool set #1
2
pcs.
16.
Laptop #1
1
pcs.
17.
GPS receiver #1
1
pcs.
не
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Section IV. Bidding Forms
109
2.1.2. List of spare parts for WS B001 (Kyrgyzhydromet central office, warehouse)
#
Name
Quantity
Measurement
Unit
1. Controller #1
5
pcs.
2. Precipitation gauge #1
5
pcs.
5
pcs.
5
pcs.
5. Barometric pressure sensor #1
5
pcs.
6. Solar radiation sensor #1
1
pcs.
7. Ultraviolet sensor #1
1
pcs.
8. Soil surface temperature sensor #1
5
pcs.
9. Protection container #1
5
pcs.
10. Battery #1
5
pcs.
11. Solar cells array #1
5
pcs.
Wind
speed
3. sensor #1
and
Air temperature and
4. humidity sensor #1
direction
relative
Specification
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не
не
не
не
не
не
не
не
не
не
не
12. Battery charge controller #1
5
pcs.
13. Modem #1
5
pcs.
14. Modem #2
5
pcs.
15. Modem #3
5
pcs.
16. Modem #4
5
pcs.
17. Modem #5
5
pcs.
18. Lightning protection device #1
5
pcs.
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не
не
не
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Section IV. Bidding Forms
111
2.1.3. List of Goods for Work Sites М01-М33, Н01 and Н02
List of good’s set
Quanti
Name
ty
АМS -1
1
2.1.3.1.
#
Measure
ment Unit
set
Work Sites
Specification
М02
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1. 1
set
2. 2
АМS -2
Н01, Н02
2
set
3.
АМS -2А
М06, М08
2
set
4.
АМC – 1
М01, М09, М29
3
set
5.
АМC - 2
10
set
6.
АМC – 2А
15
M03, М05, М13,
М17, М21, М22,
М24, М26, М28,
М31.
M04, М07, М10,
М11, М12, М14,
М15, М16, М18,
М19, М20, М23,
М25, М27, М30
set
7.
АМC – 3
М32, М33
2
set
8.
АHC – 1
Н01
1
set
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АHC - 2
1
10. Mounting set #1
35
pcs.
М01-М33, Н01,Н02
4.2.16.1
11. Mounting set #2
2
pcs.
Н01,Н02
4.2.16.2
9.
Н02
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12. Mounting set #3*
-
pcs.
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М03, М25, М32,
М33
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13. Mounting set #4
4
pcs.
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Н01,Н02
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14. Mounting set #5
2
pcs.
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Mounting set #3* - using in the case if Supplier will choose for laying communication lines
between AMS and AWS observer Option 2 from Communication set #1 (p. 4.2.15.1.1)
Section IV. Bidding Forms
113
2.1.3.2.
List of unit products
Quantit Measurem
Name
y
ent Unit
#
Work Sites
Specification
4.2.15.8
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1.
Radio station #1
1
pcs.
М03, М25
2.
Power supply #1
1
pcs.
М03, М25
М03, М25
3.
Mast #4
2
pcs.
М01-М33, Н01,Н02
4.
Site fencing #1
35
pcs.
5.
Site fencing #2
2
pcs.
Н01,Н02
М03, М25
6.
Lighting protection device #1
2
pcs.
М03, М19, , М25,
7.
Leveling device#1
3
pcs.
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2.2. LIST OF SERVICES
2.2.1.
#
1.
List of Services for WS B01, M01-M33, H01 and H02
Quanti Measure
Name
Work Sites
ty
ment Unit
pcs.
Documents preparation
1
В01
#1
pcs.
2.
Delivery of equipment
and materials #1
3.
Warehouse rent
(Bishkek)
В01, В001, М01М33, Н01,Н02
37
pcs.
1
Bishkek
pcs.
4.
Site preparation #1
5
М02, М06, М08,
Н01 и Н02
Specification
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pcs.
5.
Site preparation #2
25
М01, М09, М29,
М05, М13, М17,
М21, М22, М24,
М26, М31, М04,
М07, М10, М11,
М12, М14, М15,
М16, М18, М19,
М20, М23, М27,
М30
pcs.
6.
Site preparation #3
М03, М25, М32 и
М33
4
pcs.
7.
Site preparation #4
Н01,Н02
2
pcs.
8.
Installation #1
В01
1
pcs.
9.
Installation #2
М02, М06, М08,
Н01 и Н02
5
pcs.
10.
Installation #3
25
М01, М09, М29,
М05, М13, М17,
М21, М22, М24,
М26, М31, М04,
М07, М10, М11,
М12, М14, М15,
М16, М18, М19,
М20, М23, М27,
М30
pcs.
11.
Installation #4
М03, М25, М32 и
М33
4
pcs.
12.
Installation #5
Н01 и Н02
2
pcs.
13.
User preparation #1
В01 и М02
2
pcs.
14.
User preparation #2
1
В01
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Section IV. Bidding Forms
115
pcs.
15.
User preparation #3
В01
1
pcs.
16.
Acceptance test #1
1
17.
Warranty service and
technical support
1
В01, М01-М33, Н01
и Н02
pcs.
В01, М01-М33, Н01
и Н02
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3.
FUNCTIONAL REQUIREMENTS
3.1.
Main Approaches to Modernization of Observation Network and Data Acquisition
Center
3.1.1. Objectives of Network and Data Collecting CenterModernization
Along with information accuracy enhancement and information timeliness provision, technical
upgrading of the ground hydrometeorological observation network and data acquisition center,
modernization of the hydrometeorological network and Data Collecting Center(DCC) is aimed at
improving quality and availability of NHMS information products to users, improving quality
and volume of information on current hydrometeorological conditions, meeting international
obligations as regards exchange with information on state of environment.
To achieve the Project objectives, the following main tasks of technical upgrade shall be
fulfilled:
 implementation of advanced technologies, instruments and equipment to improve quality
and reliability of collecting, processing and distributing the hydrometeorological
information gathered at the stations of hydrological, meteorological, agrometeorological
and avalanche research observation network;
 implementation of automated measuring facilities at the stations of the ground
meteorological network to maintain up-to-date level of quality and discretion of basic
meteorological and basic agrometeorological parameters measurement, and to minimize
the personnel working time at meteorological sites especially in severe weather
conditions;
 replacing the facilities with expired service life at the hydrological network with modern
facilities, and withdrawing outdated instruments and equipment from service within the
NHMS network;
 resuming of observations (if meteorological observations are highly important to detect
and forecast hazardous weather, or if hydrometeorological information users need
weather forecasts) at the preserved stations by installation of automatic weather stations
(AWS);
 implementation of state-of-the-art technologies (equipment and software) at the Data
Collecting Centerto collect, process, assure quality, manage, analyze and provide
hydrometeorological data and to create information products;
 implementation of the methods of measuring instruments verification and calibration
using stationary and mobile calibration laboratories;
 creating technical capabilities to change over to paperless technology of measured
information reception, processing and distribution, and data acquisition on storage
media;
 implementation of modern communication facilities for timely and reliable transmission
of measurement data from the ground network to the Data Collecting Centerfor the
purpose of regional and international exchange;
 implementation of modern power supply systems of the stations (primarily those based
on renewable energy sources) to ensure independent operation of automated measuring
instruments;
 improving working conditions for the personnel at high mountain stations and remote
stations of the NHMS observation network to support process of weather conditions
observation;
 increasing competence of the personnel at weather stations and posts following the
operational requirements for modern instruments and equipment.
Section IV. Bidding Forms
117
 improving the NHMS engineering personnel skills in operating the installed equipment
and software;
 warranty service and technical support of equipment and software installed.
3.1.2.
Main Approaches to Modernization of Observation Network and Data Acquisition
Center
Kyrgyzhydromet modernization actions shall be based on the following approaches:
 Automation of meteorological observations at weather stations;
 Automation of hydrological observations at hydrometeorological posts;
 Delivery and installation of equipment and appropriate preliminary operations at the
stations to establish up-to-date hydrological, meteorological, agrometeorological and
snow avalanche observation network with regard to climatic and physical and
geographical conditions in Kyrgyzstan;
 Delivery and installation of appropriate software to receive, process, control quality,
manage, analyze and distribute hydrometeorological data and products on the webserver;
 Improvement of the engineering personnel skills in operating the peripheral equipment
and working with software at the level of stations and at the national data acquisition
center;
 Routine service and maintenance of equipment, instruments, IT hardware and software
performed for two years after the system commissioning.
Hardware and software of the Data Collecting Centerwill comply with up-to-date standards in
that area as well as effective requirements to operating systems and the database software. The
Bidder shall inform the Customer on any unique requirements to software or hardware for the
proposed comprehensive solution.
Technical solutions shall be developed based on current experience and NHMS capabilities with
regard to limited human resources and financial possibilities, and require only minimum special
support upon the project completion.
Upgrading and modernization of the hydrometeorological observation network shall be focused
at the main meteorological stations and hydrological posts, and these procedures shall combine
introduction of stand-alone/automatic systems at weather stations and at some hydrological posts
keeping visual/manual observations for part of meteological parameters While selecting
technical decision keep in mind that automated/automatic systems shall be suitable for operation
in severe climatic conditions, have extremely low power consumption and high independence
level, they shall be easy to maintain and comply with international standards and specifications.
The system of NHMS data acquisition and processing center shall support a web-portal to
distribute information and to exchange with small data volume, images, files and information.
Internet providers shall conduct business at the national level and shall have a reliable service
record. Current maintenance costs shall be acceptable for NHMS.
The communication system shall provide real-time data reception, acquisition and distribution,
and shall be protected against emergencies.
Cooperation between Kyrgyzhydromet head office, RHMS, UHMS and other observational
items shall implement through using advanced technologies intended for information distribution
and exchange with small data volume, images, files and information. Internet service providers
shall conduct business at the national level and shall have a reliable service record. Current
maintenance costs shall be acceptable for NHMS.
System-wide NHMS modernization solutions shall comply with standards and recommendations
of World Meteorological Organization. They shall include:
 WMO No. 8 "Guide to meteorological instruments and methods of observation".
Although WMO No. 8 is mainly related to the general-purpose stations, its guiding
principles cover automatic weather stations as well;
 WMO No. 49 “Technical regulations — Volumes I, II, III, and IV”;
 WMO No. 168 “Guide to Hydrological practices” — it covers precipitation and
evaporation, and water discharge measurement;
 WMO No. 386 “Manual on the Global Telecommunications system”;
 WMO No. 485 “Manual on theGlobal Data Processing and Forecasting systems”;
 WMO No. 544 “Manual of the Global Observing system”;
 WMO No. 1004 “Guide on water discharge measurement — Volume 1 — Field
operations”;
 WMO No. 1004 “Guide on water discharge measurement – Volume II — Water
discharge calculation”;
 WMO No. 1060 “Manual on WMO information system";
 WMO No. 1083 “Manual on the implementation of education and training standards in
meteorology and hydrology”
 Guide No. 8 “Meteorological instruments and observation methods”
 Guide No. 100 “Guide on climatological practices”
 Guide No. 134 “Guide on agricultural meteorological practices”
 Guide No. 168 “Guide on hydrological practices"
 Guide No. 305 “Guide on global data processing systems (GDPS)”
 Guide No. 488 “Guide on global observation system”
 Guide No. 636 “Guide on data processing centers automation”
 Guide No. 834 “Guide on public weather services practices ”
 Guide No. 1061 “Guide on WMO information system”.
3.1.3.
Actions For The Forthcoming Upgrade Of A Hydrometeorological Network, LowLevel Communication Subsystem and DCC
3.1.3.1. The General Architecture And Components Of The Upgraded System
Within the framework of this Project delivery and implementation of measurement tools and
observation process support equipment at stations and posts, communication equipment at
stations and the Data Collecting Centerfor observation data transfer from the station to the
central office of NHMS is processing. In the NMHS central office implementation of modern
technologies (hardware and software) for receiving, processing, quality control, management,
analysis and presentation of hydrometeorological data and creation of information products
should be ensured. In addition, the implemented technologies must provide operational and
administrative information exchange between the central office, RHMS and observation network
stations.
As part of the forthcoming modernization the following activities are planned to
implement:
 Hydrometeorological Observation Subsystem modernization including installation of 34
Automatic Meteorology Complexes (AMC) and 5 Automatic Meteorological Stations
(AMS), 2 Automatic Hydrometeorological River Posts (AHMC) with data transfer
equipment. Parameters measured are the following: barometric pressure and solar
radiation, precipitation level and the water equivalent of snow, air temperature, relative
humidity, wind speed and direction, water level and flow rate and others;
 Low-Level Communication Subsystem modernization and DCC establishing
 Modernization of observation process support subsystem.
Section IV. Bidding Forms
119
3.1.3.2. Hydrometeorological monitoring functionality is provided by three main
subsystems:
 Hydrometeorological Observations Subsystem - the hydrometeorological observation
subsystem - comprises hardware and software complexes (HSC) of weather stations and
hydro posts for production measurements in automatic mode. Generally the system
includes measuring instruments, means for reading and storage of the measurement
results, information visualization and engineering support equipment.
 Low-Level Communication Subsystem and DCC - The low-level communication
subsystem and DCC is a set of HSC intended to link weather stations and hydrological
posts for process the measurement results to Data Collecting Center, and exchange of
service and administrative information between them, processing and further transmit
them to data processing systems of operative forecasting departments, and provide to
international data exchange as per the existing obligations.
 Observation process support Subsystem - is a set of hardware complexes to provide
power supply to the first two subsystems and observation process support, and in case
of power failures performing switching to power save mode for the uninterruptable
operation of the hydrometeorological observations subsystem.
3.1.3.2.1. Functional requirements to Hydrometeorological Observations Subsystem
Hydrometeorological Observations Subsystem shall comprise equipment designed for direct
production of observation and engineering support equipment, mounted on the meteorological
site mast, properly arranged and physically united in AMS, AMC and AHCs. In addition
subsystem includes reserve measuring means (manual equipment) located on the meteorological
site.
AMC - automated meteorological complex, includes AMS and observer's AWP. AMC
has the ability to visually display the measurement results on AMS and observer's AWS.
AMS - automatic meteorological (weather) station, designed for fully automatic
measurement of a certain number of meteorological parameters (wind speed and
direction, air temperature and relative humidity, barometric pressure, the amount and
intensity of rainfall) and transfer the observation results to the Data Collecting
Center(DCC). The main feature of AMS is that this station operating in automatic/standalone mode, and may not require a specialist's visit within 12 months. All other stations
should have qualified personnel.
Observer's AWS (Automated WorkStation) - designed for AMS observation data
visualization and manual and visual observation data transmission. Observer's AWS
consists of hardware-software complex (System Unit #2 (par.4.2.3.3), Monitor #1
(par.4.2.4.1), UPS #2 (par. 4.2.7.2), Modem #2 (par.4.2.15.4), Printer #2 (п. 4.2.10.2) and
Software#3 (par.4.3.3)).
AHC - automated hydrological complex is designed to automatically measure the flow
rate, water levels, water temperature and transfer observation results to the Data Collecting
Center(DCC).
Telemetry shall be based on GPRS/GSM, radio communication and / or satellite
communications. Each meteorological station shall be provided with data transfer equipment.
Hydrometeorological complexes have to meet the following requirements:
1. Technical solutions of automated complexes/stations shall use as much as possible
standard, operation proven variants of sets of measuring devices and equipment,
forming the complex - uniform, scalable as approporate,complex, with the long term of
work.
2. All sensors, power supply devices and communication cables shall have waterproof
sockets.
3. Sockets and fastenings have to be easily accessible and allow simple replacement and
block removal in place.
4. All sockets, fastenings and screws have to be easily accessible without the need for other
details moving.
5. The scheduled maintenance carried out by the personnel has to be performed not more
often than once a year.
6. AMC/AMS/AHC shall display with the interval specified by the Customer, at least the
following information:
 internal temperature;
 case condition (open/closed);
 battery voltage;
 amperage and voltage of the controller internal battery.
7. Technical solutions of AMC/AMS/AHC shall have the means providing remote control
of complex/station.
8. The communication channel between AMC and the computer (the observer's automated
workstation) shall ensure reliable functioning on distance up to 300 m.
9. To ensure complete remote control, the system shall have the mode of serial pass
(passthrough) providing direct link with any sensor connected to the controller via the
serial interface.The system shall be designed in a way to minimize need of control,
adjustment, calibration and scheduled maintenance of the equipment.
10. The complete set of AMC/AMS/AHK shall be designed with regard to the climatic
conditions of Kyrgyzstan, observation program determined by Kyrgyzhydromet and
power supply conditions.
11. AMC shall provide work of sensors located at a distance up to 25 m from the controller.
Controller or one of its modules should provide electrical connection and conjugation
for sensors.
12. The controller shall be configured as a single block, functionally providing observation
data collection and storage, control and monitoring of the equipment and
telecommunications on AMC/AHC/AMS.
13. Observer's AWS shall be equipped with all the necessary components providing
visualization of AMS measurements results for review and manual data input.
Functional requirements to AMC
AMC shall provide:
Measuring a certain number of meteorological parameters (wind speed and direction, air
temperature and relative humidity, barometric pressure, the amount and intensity of rainfall,
surface temperature and soil profile, UV and solar radiation).
Control center of the АМC is the Сontroller (p.Ошибка! Источник ссылки не найден.)
Measurements should be carried out in the following modes:
 Barometric pressure: measurements shall be made one time per minute, the average value
should be calculated for 1 hour and 3 hours. Barometric trend is calculated as the
difference between the mean values over 3 hours.
 Wind speed/direction: measurements should be carried out continuously, average value
must be calculated for 2 and 10 minutes. Gusts averaged over 3 seconds and measured
at the highest value for 10 min.
 Air temperature: measurements shall be made at least 1 time per minute, the observation
should be calculated as an average over 10 minutes.
 Air humidity measurements shall be made at least 1 time per minute, the observation
should be calculated as an average over 10 minutes.
Section IV. Bidding Forms
121
 Soil temperature and soil profile measurements shall be made at least 1 time per minute,
the observation should be calculated as an average over 10 minutes.
 Precipitation: measurements shall be made 1 time per minute, average value and
precipitation intensity must be calculated for 10 minutes
 Solar and UV radiation measurements shall be made one time per minute, the average
value should be calculated for 1 hour and 3 hours.
 Control center of the АМC is controller, further Controller #1 (par.Ошибка! Источник
ссылки не найден.)
Controller #1 shall provide:
 collecting information from automatic measurement tools that perform parameters
measurement with interval specified;
 preprocessing of the received information and its storage within not less than 12 months;
 transmitting information to the Data Acquisition Server;
 control communication equipment to transmit information using various communication
channels (GSM / GPRS, satellite) in the DCC, in accordance with the observation
program.
 automatic control of the measured values (ranges of the monitored values are defined by
the range of measurement devices);
 notifications/alerts in accordance with predetermined criteria (hazards, adverse weather
phenomena and critical system parameters);
The Controller #1 must conform to the specifications defined in par.Ошибка! Источник
ссылки не найден. and must meet the following requirements:
 for collecting and transferring information from sensors shall be used monoblock
programmable controller placed in a secure case;
 controller shall be standardized for use with all supplied hydrometeorological
characteristics measurement devices;
 the controller must have the necessary number of inputs to connect simultaneously all
measuring and communication devices defined for a particular configuration of the
AMC, adapters for connecting sensors that do not have standard connectors, and at least
one additional input for connecting additional sensors in the future;
 waterproof controller connectors/sockets for the serial interfaces shall be closed by a
watertight cap, if the ports are not in use;
 the controller shall have port for connection of the protective case door opening sensor;
 the controller shall have the internal memory or a memory card providing data storage on
power failure.
Observer's automated workstation at the meteorological station assuming presence of the
personnel has to include the following components:
 Hardware-software complex of observation data manual input shall be based on the
standard personal computer with special software installed.
Functional requirements to Observer’s Automated Workstation
Observer's automated workstation is designed for input and visualization of the instrumental and
visual observations results, conducting administrative and personal correspondence, organization
of the "interface" controller-observer for automatic observations data visualization, all
measurements and observations results storage for at least 3 years on the station in KM-1 format,
forming observational database including agrometeorological information (soil temperature at
depth of 5,10,15,20 cm.), preparation of telegrams on the basis of the data entered manually, and
also for telegrams transfer on communication facilities according to the installed programs and
regulations. Functionally observer's WS shall comply with the regulatory documents, existing in
the
territory
of
Kyrgyzstan
(http://www.snti.ru/snips_rd52.htm,
http://www.snti.ru/snips_r52.htm).
Special application software (SAS) for observer's automated workstation shall to meet the
requirements described in p.0
Functional requirements to AHC
AHC is the hydrological posts equipment designed for direct observation execution, observation
results storage and transfer to DCC as well as the accompanying equipment of engineering and
power support, located on a site of a hydrological post or on the place specially chosen by the
Customer, appropriately mounted and physically united in the automated hydrological complex
(AHC).
Automated hydrological complex is designed for fully automatic measurement of a certain
number of hydrological parameters (water level and temperature, flow speed) and the
observation results transfer to DCC. The AHC consists of measurement devices and automated
complex control equipment, providing collection, primary processing, accumulation and transfer
of observation results.
All AHC include non-contact flow rate meter and radar level meter as the primary measurement
devices and, depending on local conditions, hydrostatic or bubble level meter with a function for
measuring the water temperature to provide continuous monitoring of flow rates and water
levels.
AHC shall be completely autonomous and equipped with standard automatic devices for
hydrological characteristics measurement according to a certain type and a design, taking into
account operational conditions and installation features on hydrological posts. Visual
information entering shall not be provided on AHC.
The water level meter sensors which are settling down in the water at operation shall have
protection against a choking and damage.
Cable lines connecting the sensors of AHC gages located out of the protective case and the
receiver or the controller shall be protected from damages and from external unauthorized
influences.
The communication equipment executes transmission of hydrological measurements results from
AHC to DCC.
Basic AHC equipment placed in a protective case and mounted on a mast.
AHC must meet the following requirements:
1. The technical decision of automated complexes shall use as much as possible standard,
proved in operation variants of a complete set of measuring instruments and the
equipment, forming the uniform, mutual – interfaced, increased as required, a complex
with the long term of operation.
2.
All sensors, power and communication cables must have watertight connectors.
3.
Connectors and fixings shall be accessible and allow simple replacement and extraction
units in place.
4.
All connectors, fixings and screws shall be easily accessible without the need for
relocation of other details.
5.
Preventive maintenance performed by staff shall be made not more often than once in 6
months.
6.
AHC shall register and save at intervals specified by the Customer at least the following
information:


Housing case status (is open/is closed);
Sensors’ status;
Section IV. Bidding Forms
7.
123
 battery status.
All instruments, tools and devices with which the post is equipped shall correspond to
local conditions of application.
8.
The complete set of AHC shall consider the specific conditions of installation sites,
observation programs determined by Kyrgyzhydromet and power supply conditions.
Possibility of simultaneous operation with several (at least with two) different telemetric
systems shall be provided in AHC.
9.
The system should be constructed so that to minimize need for setup, adjustment,
calibration and hardware maintenance.
10. Operation of sensors at a distance of 100-300 meters from the controller shall be
provided in AHC The controller or one of its modules shall provide electrical
connection and conjugation of sensors.
The engineering support equipment shall contain the elements ensuring safety and the
appropriate operating conditions for the equipment of all remaining subsystems of AHC.
Command center of AHC is the controller, further Controller #1(p.Ошибка! Источник
ссылки не найден.).
Controller #1 shall provide:
 collecting information from automatic measurement tools that perform parameters
measurement with interval specified;
 preprocessing of the received information and its storage within not less than 12 months;
 information transfer to the DCC;
 communication equipment control to transfer information using various communication
channels (GSM / GPRS) in the DCC, in accordance with the observation program.
 notifications/alerts in accordance with predetermined criteria (hazards, adverse weather
phenomena and critical system parameters);
 timely formation and transmission of operational hydrological telegrams in the formats
and codes perceived by DCCpossibility of procedural contact controller programming;
 possibility of monitoring of a sensors status (power supply voltages first) and their
operating capacity;
 possibility of changing the time interval between measurements from 5 minutes to 24
hours for each sensor separately;
 possibility of changing the data transmission interval from 15 minutes to 24 hours;
 possibility to customize the transmission of measurement results to multiple destinations,
including SMS messages;
 function of contact diagnostics of AHC technical condition, adjustment of sensors
indications and information transmission order ;
 possibility of automatic change of the schedule of measurements and data transfer
(intervals between execution of measurements upon transition from one mode of
observations to another), depending on values and intensity of change of water level.
The controller must conform to the specifications defined in par.Ошибка! Источник ссылки
не найден. and shall meet the following requirements:
1. For collecting and transfer information from sensors the monoblock programmable
controller placed in a secure case shall be used;
2. Controller shall be standardized for use with all supplied devices for hydrometeorological
characteristics measurement;
3. The controller must have the necessary number of inputs to connect simultaneously all
measuring and communication devices defined for a particular configuration of the
AHC, adapters for connecting sensors that do not have standard connectors, and at least
one additional input for connecting additional sensors in the future;
4. Waterproof controller sockets for the serial interfaces shall be closed by a watertight cap,
if the ports are not in use;
5. The controller shall have port for connection of the protective case door opening sensor;
6. The controller shall have the internal memory or a memory card providing data storage
on power failure;
7. The controller shall have a system of emergency warnimgs (ALARM) on failure of
sensors and the avalanche changes of the measured parameters.
Requirements to measurement equipment of AHC
All AHC include non-contact flow rate meter and radar level meter as the primary
measurement devices and, depending on local conditions, hydrostatic or bubble level meter with
a function of measuring the water temperature to provide continuous monitoring of flow rates
and water levels. (GOST 25855-83 or international equivalent "Level and the Flow of Surface
Water. General Requirements for Measurement"). Level meters shall have opportunity to transfer
information to the controller on demand with a frequency from 1 measurement per 5 minutes up
to 1 time per day.
Hydrostatic gauge for water level measurement with the function of water
temperature measurement (p.Ошибка! Источник ссылки не найден.).
Hydrostatic gauge for water level measurement with the function of water temperature
measurement shall be mounted on a mast and connected to the river by pipes with an inside
diameter at least 40 mm. Pipes are laid out directly under a surface of the soil or at a vertical
(oblique) wall of the bridge (the mooring, the pier or any other construction on the river bank).
The pressure sensor on a pipe shall be lowered in a flow on the given depth. The construct of
level meter sensor placement shall allow extracting the sensor for scheduled maintenance and
verification.
Hydrostatic level meter shall include the water temperature sensor to compensate influence of
water temperature on a level determination deviation. Function of automatic temperature
compensation shall be put in pressure transformer.
Hydrostatic level meter shall provide:
 level measurement range - from 1 to 10 and more meters;
 possibility to operate under negative temperatures up to -20C.
 possibility of placing the equipment at a height exceeding the maximum levels of floods
and high waters to provide measuring of low levels of security;
 considerable, up to one year, time of independent operation
 calibration interval - 2 years.
 the presence of an absorber;
 atmospheric pressure compensation with the ventilation pipe;
 temperature compensation.
The radar water level sensor (p. Ошибка! Источник ссылки не найден.)
The radar level sensor designed for the flow depth measurement without direct contact with
water. The sensor may be used both as a part of automatic stations and as a standalone
instrument.
The sensor shall provide non contact water level measurement in the mountain rivers,
where water flow level measurement with other means is very difficult (speeds to 5-6 m/s), with
possibility of fixing on the console on the river bank and/or the bridge. Time of independent
operation up to half a year shall be provided
Section IV. Bidding Forms
125
Bubble level meter with water temperature sensor (p. Ошибка! Источник ссылки не
найден.).
Level meter should be installed on the river banks and connected to the river by a pipe
with an internal diameter at least 6 mm with bubble cell under water. Pipe length should not
exceed 100 m. Protection of wire lines for an air tube shall have a diameter at least 20 mm, with
thickness of walls at least 3 mm.
The bubble cell shall be located below a mark of the minimum lower bound of ice in case of
complete freezing and at least 5 cm below the most minimum level of water to ensure of all-year
operation of a level meter.
Bubble level meter shall provide:
 possibility of the equipment allocation at height exceeding maximum levels of high
waters and floods;
 possibility of use on the rivers with the high sediment suspension;
 the considerable, up to half a year, time of independent operation;
 stability of grading characteristics with an calibration interval - 2 years
 atmospheric pressure compensation;
 temperature compensation;
 protection against condensate in tubes
Flow rate meter (p. Ошибка! Источник ссылки не найден.).
Shall provide non-contact flow rate measurement in the mountain rivers, where water
flow level measurement with other means is very difficult (speeds to 5-6 m/s), with possibility of
fixing on the console on the river bank and/or the bridge. The type of the measuring instrument
shall be ultrasonic radar. Time of independent operation up to half a year shall be provided
3.1.3.2.2.
Functional requirements to Low-Level Communication subsystem and DCC
The low-level communication subsystem is a set of HSC of weather stations and
hydrometeorological posts (AMS and AHC, observer’s automated workstations).
The subsystem shall ensure information transfer in Data Collecting Centerwhich shall provide
monitoring, collection and storage of the data received. In addition Data Collecting Centerforms
message packets necessary for the international exchange according to existing commitments;
and it is one of the information sources for forecasting subdivisions.
The created Data Collecting Centershall be constructed in consideration with existing
information collection system of Kyrgyzhydromet, the part of existing system which isn't
exposed to upgrade shall be integrated into DCC with saving of information collection function
Observation data transfer from AMC (AHC) in accordance with the functional requirements
stated above should be carried out in the formats and codes, perceived by DCC. DCC, in turn,
from the reports received from the AMS, AHC and the observers (including through AWS)
should form telegrams and messages for onward transmission in modern formats and codes
recommended by WMO.
It shall be possible to transmit requests for information not received by the target date, as
well as administrative, operational and personal telegrams from the Data Collecting Centerto
AMC.
All AMS, observer's AWS and AHC shall be equipped with at least 2 communicating
devices (the main and backup). At AMS, observer's AWS and AHC M01-M31, H01 and H02 2
GSM / GPRS modems with two different providers should be installed. At AMS, observer's
AWS M32-M33 (DOD) radio modems (main data transmission device) and satellite equipment
for backup data transmission channel shall be used.
In the absence of communication, all data shall be stored on the AMS controller, data
should be sent to the DCC after reconnection. In addition, the data shall also be stored on the
observer's AWS in the form of KM-1 books.
Low-level communication subsystem shall provide the following modes of data transfer:
 the regular transmission of operational and storm information in accordance with the
specified procedure, including from DOD (Working Document the Instruction “Criteria
of the dangerous (unfavorable) hydrometeorological phenomena and order of
submission of the storm message on their origin”, Bishkek 2002.) instructions can be
found on the website meteo.kg, subsection regulations and instructions;
 information transfer from automatic stations shall be carried out in the following modes:
Table 3.1. Requirements to the measurements and data transfer schedule in the standard mode.
Name
Normal mode
Storm mode
DCC request mode
Transmission Quantity Transmissio Quantity Transmissio Quantity
frequency
of
n frequency
of
n frequency
of
messages
messages
messages
AMS
AHC
AMS
(DOD)
60 min
360 min
180 min
6 pcs
1 pcs
18 pcs
10 min
60 min
10 min
1 pcs
1 pcs
1 pcs
10 min
10 min
10 min
1 pcs
1 pcs
1 pcs
 information transfer from automatic stations in power saving mode should be carried out
in the following way:
Table 3.2. Requirements to the measurements and data transfer schedule in the power save mode
Name
With a low battery
charge, there is a
charge from the solar
modules
No charge from solar
modules in the daytime,
but battery charge is
enough for operation
With a low battery
charge, there is no
charge from the
solar modules
Transmis
sion
frequency
Quantity
of
messages
Transmissio
n frequency
Quantity
of
messages
Transmi
ssion
frequenc
y
Quantity
of
messages
AMS
180 min
18 pcs
180 min
18 pcs
no
AHC
180 min
18 pcs
180 min
18 pcs
no
Informati
on
accumula
tion
Informati
on
accumula
tion
 transmission alerts about Hazardous Phenomena (HP) and Unfavorable Phenomena (UP)
(storm mode) from automatic stations in power saving mode should be carried out as it
is stated in the table above (put the number of the table) .
 information exchange between DCC and AMS
 information exchange between DCC and the observer's automated workplace, including
operational information, administrative and private correspondence;
 interactive access from DCC to the controller for testing and reconfiguring with
possibility of remote controller configuring and setup, diagnostics of AMS and AHC
sensors and power supply status.
Section IV. Bidding Forms
127
 integration of different communication channels: radio, Internet, VPN, satellite and
cellular channels;
 transmission of messages about station technical condition, sensors failure, lowering of a
battery power to critical, protective container door opening from AMS, AHC and DCC;
 Support of the following options of data transfer.
For AMS and AHC:
automatically according to the specified schedule;
on demand with any interval;
upon transition of the specified observed parameters through threshold values
for the observer's automated workplace (station personnel):
according to the specified schedule with accordance to category of emergency and type
of transmitted data (observation data, administrative and personal telegrams);
 on the Central office demand with any interval;
 on the station initiative
 upon transition of the given observed parameters through threshold values.





Low-level Communication Sub-systen should ensure timely data delivery of data to the DCC.
For synoptic data the following control periods are set:
 at least 95% of stations by 15th minute from the beginning of synoptic period;
 at least 99% of stations by 30th minute from the beginning of synoptic period.
The emergency telegrams "Storm warnings" and "Storm notifications" (information on the
dangerous phenomena and rapid weather changes which can threaten life and health of citizens
and to cause damage to economic entities) are transferred immediately. Period of their delivery
shall be no more than 4 minutes.
Station staff should have the technical capability to conduct administrative and personal
correspondence. It is necessary to equip station with the printing device for documenting of the
received telegrams and measurements results in the KM-1 forms.
Low-level communication system shall use different communication technologies, such as
GSM/GPRS, satellite, radio channels.
Operational life of communication hardware-software complexes shall be at least 10
years.
The low-level communication subsystem executes functions on transmission of
meteorological, agrometeorological measurements results from AMS, an observer's automated
workplace and hydrological data from AHC to DCC and further in data management system.
The existing systems and communication means, as a part of a technological information
collection system shall be interfaced to DCC.
The information transmission via communication channels shall be carried out using
protocols that prevent damage or loss of information.
The Contractor shall deliver the communication equipment for observation network
stations and for Data Acquisition Center, and also all additional equipment, software and
configure it to operate in accordance with the requirements.
Figure 3.3. Low-level communication subsystem structure
According to low-level communication subsystem structure AMS, AHC and an automated
observer's workplace shall have the following set of the communication equipment:
 Communication set #1 for AMS, AMC and AHC (p.Ошибка! Источник ссылки не
найден.)
- for communication of the AMS controller with DCC
- for communication of AMS with the observer's automated workplace;
- for communication of an observer's automated workplace with DCC.
 Communication set #2 for AMC (DOD) (p. Ошибка! Источник ссылки не найден.)
- for communication of the AMS controller with DCC
- for communication of AMS with the observer's automated workplace;
- for communication of an observer's automated workplace with DCC.
As related to opportunities and conditions of the communication channels organization,
hydrometeorological stations can be located in regions with developed telecommunication
infrastructure or in places where access to public communication systems is absent and in the
short term it isn't expected. In this regard the principles of low-level communication system
design for the specified groups of stations and requirements to its components have different
nature.
Section IV. Bidding Forms
129
If the station is located in the region with developed telecommunication infrastructure
(public switched telephone access, dedicated data channel, GSM/GPRS communication),
solutions of low-level communication are implemented using IP based networks technologies
and services. The point of data collection is DCC.
If the station is located in the region with poor telecommunication infrastructure, data
collection from stations is carried out on low-speed radio channels, and/or channels of personal
satellite communication channels. In this case, the point of data collection is DCC, solutions are
implemented with the use of IP-based technologies and services.
Control of operation modes of the station equipment and software can be carried out by
two methods:
 sending of control messages;
 in direct access mode using TCP / IP protocols.
If there are situations that threaten the life or health of staff on the station, should be a possibility
to inform DCC about this event in the voice mode (preferably) or sending a special message.
If data delivery is organized through the public network (as the Internet), information security
requires the use of these measures and technologies:

use of non-standard TCP ports;

use authentication when establishing connections;
Low-level communication subsystem at stations with poor telecommunication
infrastructure (mountain and remote stations) WS M33 Chon-Ashuu and M32 It-Agar
Stations with poor telecommunications infrastructure are those stations at which it is impossible
to use public communication. For these stations shall be provided:
- Communication equipment backup;
- Communication channel backup;
The main data transmission channel shall be arranged based on radio communication (p.
Ошибка! Источник ссылки не найден.). During the data transmission session via the main
channel the information is transmitted:
 From work site M32 (It-Agar) to М25 (Toktogul), then the information is transmitted
automatically to DCC;
 From work site M33 (Chon-Ashuu) to the sectional radio station М03 (Karakol), then the
information is transmitted automatically to DCC;
 М25 Toktogul and М03 Karakol shall be equipped according to p.Ошибка! Источник
ссылки не найден.
The backup data transmission channel shall be arranged on the basis of satellite data
transmission system.
1. The communication equipment for snow avalanche station (SAS) Chon-Ashuu shall meet
the following requirements:
 radio modem, allowing to organize the data transfer from the M33 Chon-Ashuu
on M03 Karakol without using intermediate repeaters, with a further automatic
transit to the DCC;
 For communication backup on M33 Chon-Ashuu satellite communication shall be
used.
2. The communication equipment for avalanche station (AS) M32 It-Agar shall determine
by following principles:
 radio modem, allowing to organize the data transfer from the M32 It-Agar on
M25 Toktogul without using intermediate repeaters, with a further automatic
transit to the DCC;
 For communication backup on M32 It-Agar satellite communication shall be
used.
Figure 3.4. Scheme of low-level communication subsystem at the stations with poor telecommunication
infrastructure (mountain and remote stations) Chon-Ashuu and It-Agar.
In this case, configuration allows the observer to view the results of generation and
transmission of automatic observation results using the tools of Software#3 (0) installed at the
Observer's automated workstation.
Low-level communication
telecommunication infrastructure
subsystem
at
the
stations
with
developed
The following observation network facilities are located in cellular signal primary service area:
 WS М01-М31 (p. 1.2);
 WS H01-H02 (p. 1.2);
Such facilities as it is shown in the figure below shall be provided with independent
collection of AMS/AHC automatic observations data and observer observations data with
subsequent unification thereof in the DCC. Such configuration ensures to unleash full
functionality of automatic stations.
Section IV. Bidding Forms
131
Figure 3.5. Diagram of AMC operation (AMS and observer's automated workplace).
In this case, that configuration will allow the observer to view the production results and
transmit automatic observation results using the tools of Software#3 (p. 0 ) installed at the
observer's automated workstation
Requirements to data collection topology on WS which shall be upgraded.
Table 3.1. Data collection topology
#
WS
Communication
Type
GSM-connections
1.
GPRS-connections
Networks/technologies
used
Delivery point
Direct connection to
the modem in DCC
Internet
DCC
HF radio
communication based
on the modern radio
modems
Internet,
On WS M03 and M25, further in
DCC via the existing VPN
channel.
DCC
2.
HF radio
3.
4.
Satellite
communication
DCC
Requirements to data collection topology on the observation posts which shall not be
upgraded.
Table 3.2. Data collection topology
#
Communication
type
VPN-connections
Networks/technologies
Delivery point
used
VPN-L2
DCC
GSM-connection
Direct connection to
the modem in DCC
Internet
DCC
VHFs radio
communication based
on the modern radio
modems
Voice information
exchange between
In DCC via the existing VPN
channel.
1.
2.
GPRS-connections
DCC
3.
VHF radio stations
4.
5.
Radio
communication
DCC
through
RHMS
UHMS,
(voice, Morse)
hydrological posts and
UHMS, RHMS
6.
3.1.3.2.2.1.
Functional Requirements to Data Acquisition Center
The observation Data Collecting Centershall become the principal component providing
observation data collection, access to the observation data, observation data transfer to ADTS.
DCC shall be arranged at the head office (work site B01). The system MITRA available for the
Customer (http://sng.pogoda.by/wdpss/?p=755) shall become part of DCC, also DCC shall replace HSC
UniMAS7.3 (https://www.wmo.int/pages/prog/www/DPFS/ProgressReports/2004/KyrgyzRep_rus.pdf) available
for the Customer. DCC should have a modular structure, which should work on all system
components: reception, processing, transmission, data visualization, etc.
The following information shall be received and processed in the DCC: observation data
from AMS and AHC, results of visual and instrumental observations from the observer's
automated workstation, information upon transition of the given observed parameters through
threshold values from AMS, AHC and the observer's automated workplaces, storm messages on
HP (hazardous phenomena, hazardous weather) and Unfavorable phenomena and alarm
messages from AMS and AHC, operational and administrative telegrams from observer's AWS
(station personnel), information on observation results from observation network facilities which
shall not be upgraded (SMS. voice, from message switching centers) etc. Observation data
received by DCC shall pass quality control and be entered into the DCC database.
Data entered manually in DCC also shall get to a database. Observation data shall be
available immediately after recording in a database.
DCC shall have a conversion function for telegrams with measurement and observation
results received from AMS, AHC and the observer's automated workplace into code forms
accepted by Kyrgyzhydromet and WMO .
The observation Data Collecting Centeris an integrated hardware and software complex,
it’s main functions are:
 Unification of data acquisition technology, from any type of observation stations/posts
(including difficult-to-access and radioing ones);
 Collection and assimilation of hydrometeorological information, arriving from such
MITRa, UniMAS, EUMETCAST systems;
 Collection and assimilation of the information arriving on the GST network according to
interstate arrangements;
 Disclosure of a functionality of automatic stations and automated complexes, transition to
more frequent observations with automatic observation interval of at least 10 minutes;
 Organization of generation, reception and transmission of storm messages;
 Exchange of text messages;
 Formation of SMS messages to AHC observer in the case of failure of transferring
messages to AHC
 Exclusion of other systems and complexes (mail server, FTP-server, the data acquisition
systems of various Contractors, etc.) from the technological chain of data acquisition;
 Unifying of observation data in one database with access using modern protocols (as well
as using Web access);
 Creation of a uniform database for 10 minute data assimilation ;
 Combining of manual and automatic, operational and routine observation data flows;
 Organization of monitoring of completeness and timeliness of information supply with an
accuracy up to a parameter, the automation of report preparation on observation data
acquisition;
Section IV. Bidding Forms
133
 Work facilitation for the shift and technical staff.
 Quality control of incoming observation data.
The Data Collecting Centershall support all protocols currently used and recommended by
World Meteorological Organization for data acquisition:
 E-mail protocols SMTP and РОРЗ;
 File sharing protocols FTP (including profile FTP WMO);
 Short messages protocol SMS;
 Universal exchange protocol ОреnМСЕР;
 ADTS/GTS protocols;
 Proprietary protocols of the manufacturers of measuring equipment.
The protocols shall be supported directly by the DCC software, so other systems and
complexes (mail server, FTP-server, data acquisition complexes of other Contractors, etc.) may
be excluded from the data acquisition chain.
The DCC rank in the functional structure of information acquisition, processing and
transmission is given in the figure in Section 5.
The main components of the Data Collecting Centerare:
 The Data Acquisition Core (p. 4.3.1);
 DCC operator’s automated workstation #1 (п. 4.3.2.3.).
The logical scheme of the Data Collecting Centerequipment connection is shown in Section 5
(Figure 1).
The Data Acquisition Core is a hardware platform with Software #1 server component installed
on it (p. 4.3.1).
The hardware platform of the Data acquisition Core comprises:
 Computing resources — Server #1 (1 – 2)(p. 4.2.1.2);
 Communication equipment consisting of Switch #1 (p. 4.2.8.14) and Firewall #1 (п.
4.2.9.1);
 Communication equipment (p. 4.2.15.2).
All components of the Data acquisition Core are arranged inside the Rack Mount #1 (p.
4.2.6) and connected to the local area network of work site B01 during Installation #1 (p.
4.4.4.1.).
The DCC #1 operator’s automated workstations (1 – 2) provide round-the-clock work of the
DCC operator. The DCC #1 operator’s automated workstations (1 – 2) are created during
Installation #2 (p. 4.4.4.2.).
DCC #1 operator’s automated workstation comprises:
 System unit #1 (p. 4.2.3.2);
 Monitor #1 (p. 4.2.4.1);
3.1.3.2.3. Functional requirements for Observation Process Support Subsystem
The observation process support subsystem is a set of hardware complexes to provide
power supply to the first two subsystems and observation process support. With regard to
climatic features of Kyrgyz Republic, the Bidder shall attach to his tender application
Calculation of the total power consumption of the AMS, AMC and AHC individually for each
work site and DCC equipment. The submitted calculation shall certify sufficiency of the
technical decision offered by the Bidder to ensure observations execution and observation results
transmission to the Data Acquisition Center.
Initial data for the calculation are as follows:
Requirements to measurement and data transmission modes (tables 1 and 2);
The period of all AMS and AHC stand-alone operation provided that measurement and data
transmission modes shall be at least 12 (twelve) months.AMC network, except WS M32, M33,
provided by industrial power supply for observer’s AWS operation.
Work sites M32 and M33 should be provided with power supply system for:
- Meteorological observation process (calculated on the basis of the Bidder’s technical
solution);
- Observer’s workstation operating (calculated on the basis of the Bidder’s technical
solution considering operation for 4 hours per day);
- Communication equipment (calculated on the basis of the Bidder’s technical solution
considering low-level communication subsystem requirements);
- Room lighting (on average in summer time at least 10 hours per day, in winter time of 15
hours per day) by 8 energy saving bulbs with a light efficiency at least 800 lumens, with
voltage rating of 12 volts;
- Observation site lighting by 4 energy saving bulbs with a light efficiency at least 1000
lumens, with voltage rating of 12 volts;
- Operation of household appliances (TV and satellite receiver box, refrigerator).
Estimated total consumption per day on average 3 kW / h.
Technical solutions on power supply shall consider systematic routine switch-off of
industrial power supply on the observation network up to 4-6 hours per day.
1. All AMS/AHC should be equipped with uninterruptible power supply (UPS) to ensure a
stable supply of meteorological, actinometrical, water and communication equipment
2. AMS / AHC Uninterruptible Power System should consist of solar modules, batteries,
controller and battery power converter 220 - 12V.
3. Observation process support subsystem equipment sets should be placed directly on the
site, power supply equipment sets for observer’s AWS should be located in the premises
of the meteorological station.
3.1.4. Compliance with WMO technical regulations
Preparing applications, Bidder shall adhere to instructions and recommendations of WMO which
can be found on WMO site in the Internet: http://www.wmo.int.
The following requirements shall be considered:
1) Measurement devices and automatized weather(meteo) stations usage:
- National meteorological and hydrometeorological services for sustainable
development WMO/TD-No. 947, , 2001 , http://www.wmo.ch
- Baseline Surface Radiation Network (BSRN). Operations Manual – 2004
WMO/TD No.
879,
WCRP/WMO
http://ezksun3.ethz.ch/bsrn/admin/dokus/BSRN_Operations_Manual_V2.1.pdf
- Commission for. Instruments and Methods of. Observation Expert Team on
Requirements of Data from Automatic Weather Stations 2006
http://www.wmo.int/web/www/OSY/Reports/ET-AWS4_Geneva2006.pdf
2) TCP/IP technologies usage:
According to WMO strategy for development of meteorological networks, Internet technologies,
including e-mail, FTP, Web, electronic publications shall be used widely for communication:
 Use
of
TCP/IP
on
the
GTS,
Revised
Attachment
II.15
http://www.wmo.ch/web/www/TEM/attII15rev.doc
 IP addresses:
Section IV. Bidding Forms
135
-
Guide on PROVISIONAL Arrangements for the Use of IP Addresses over the
GTS
http://www.wmo.int/web/www/ISS/Guides/IP-addressesGTS_Prov2005sept.doc
 Requirements for the organization and procedures of observations data collection:
- Manual on the Global Telecommunication System, WMO №368, 1991
 Using table-driven code forms BUFR for automatic data transfer:
- Guide to WMO Table-Driven Code Forms FM 94 BUFR and FM 95 CREX http://www.wmo.int/web/www/WDM/Guides/BUFRCREXGuide-English.html
Links on these, and also other recommendatory and regulatory documents can be found on the
WMO Internet resources:
 Manuals and Guides (http://www.wmo.int/web/www/manuals.html);
 Migration
to
Table
driven
code
forms
(http://www.wmo.ch/web/www/ois/Operational_Information/TDCF/Migration_tdcf.htm
l).
4.
DETAILED TECHNICAL REQUIREMENTS
4.1.
GENERAL REQUIREMENTS
This section provides general requirements for the system, further described in more specific
requirements for the subsystems and components.
4.1.1. Requirements to the Offered Goods and Services
1) All goods shall be new, with a trademark, and components shall be unused;;
2) All goods shall comply with or exceed the Technical requirements for performance and
ergonomic indexes presented below
3) Contractor shall provide the goods in operational condition. Contractors shall include all
materials and activities necessary to meet this requirement in their proposal.
4) All equipment supplied shall be serial;
5) All connection cables for junction of sensors to the controller shall conform to the
requirement of GOST 10348-80 "Cables mounting multi-core with plastic insulation.
Specifications"
(http://www.ervist.ru/info/normbase/gost%2010348-80.pdf)
or
international equivalent. All connection cables for connection to the power supply must
meet GOST 7399-97 "Wires and cords of rated voltages up to 450/750. Specifications”
(http://vsegost.com/Catalog/71/7141.shtml) or international equivalent. Cables shall
have marking on all length according to GOST P 50462-92 "Identification of
conductors
by
the
colors
or
digital
designations"
(http://vsegost.com/Catalog/10/10091.shtml) or the international equivalent.
6) Package of goods for transportation shall correspond to GOST 23170-78 "Package for
mechanical
engineering
products.
General
requirements"
(http://vsegost.com/Catalog/31/3104.shtml) or international equivalent.
4.1.2. Requirements to Tender Application
1) The Bidder’s tender application shall contain the description of the proposed technical
solution and its detailed description, including:
 Typical projects for installations of AMS, AMC, AHC and DCC. Projects should
include allocation of communications equipment, controllers, batteries, solar
panels and sensors provided in these requirements. Technical solutions shall
provide equipment protection against illegal access, vandalism, and also weather
proofing. Each standard project shall contain the explanatory note, a set of node
drawings, components and adaptations for installation
 The Structural diagram of observation network objects listing components and
describing interaction between them.
 The chart of typical layout of the equipment on a site.
 The chart of typical layout of hardware complex elements in the observer’s room
(for AMC).
 Communication organization chart indicating the communication equipment
models.
2) The Bidder shall provide documented information on results of service tests, theoretical
or experimental estimates, and parameters of reliability of a complex (MTBF, mean
time to repair), confirming compliance of the equipment supplied with this
specification.
MTBF (mean time between failures). Not less than:
- Controller: 90000 hours.
- Meteorological sensors: 50 000 hours.
Section IV. Bidding Forms
137
- Hydrological sensors: 30 000 hours.
3) For safety for all equipment it shall be provided reliable electrical contacts of connectors
and connections of screens with the earth and existence of warning signs on unit cases.
The equipment shall be protected from impact of a lightening, overvoltage on
communication lines and a supply, etc. The Bidder’s tender application shall contain the
confirmation of this requirement from the Manufacturer.
4) Bidder’s tender application shall contain calculation of operational costs of maintenance
of AMS, AMC and AHC during 10 years taking into account 24h operation.
Calculations of replacement cost of sensors and sensitive elements, accumulators, spare
parts shall be performed taking into account an increase in prices for spare parts over
time, factors of obsolescence or removal from manufacturing, but shan't consider
expenditures on verification and calibration of measurement devises.
5) A stage of documentation preparation the Bidder shall provide calculations of energy
resources, operational costs including, an assessment of costs of data and information
transfer to the Data Collecting Center. The bidder shall provide the Preliminary
Implementation Plan of the contract as an integral part of the Application. Preliminary
Plan chapters should focus on following aspects:
 Project organization and Implementation Plan;
 Time-schedule(road map) of equipment and spare parts supplement
 Time-schedule for installation and commissioning works, autonomous and
complex testing;
 Staff training plan;
 Maintenance plan;
 Program of the methodical help and information support of the Employer.
4.1.3.
Date Handling
All supplied information technologies (software and hardware) shall accurately present,
calculate and transmit the dates, including, but not limiting to, the dates of the 21st century.
4.1.4. Power supply and power consumption
1) All proposed hardware connected to the power grid of the Employer shall operate at the
following power supply parameters: 220V +/- 20V, 50Hz +/- 1Hz, if not otherwise
specified in the technical requirements.
2) All equipment connected to the power grid of the Employer shall be completed with
power supply cables for connection to Sсhuko (CEE 7) and IEC-309-32A sockets.
4.1.5. Units of Measurement
Units of measurement of all equipment and supplied systems shall be metric.
4.1.6. Environment
1) If there are no any special requirements, all supplied indoor hardware shall be able to
operate at the following environmental conditions:
 Ambient temperature: from +10°C to +35°C.
 Relative humidity - 30 – 55 % without condensation on any surfaces.
 Air dust content — up to 0.75 mg/m3.
2) Requirements for operation of the outdoor equipment are given in the technical
requirements for individual items of equipment (p. Ошибка! Источник ссылки не
найден.).
4.1.7.
Noise Level
The noise level during operation of each unit of indoor hardware shall not exceed 55 Db, if there
are no special requirements.
Section IV. Bidding Forms
139
4.1.8. Certification Requirements
1) All measurement means shall be entered in the register of the state system supporting
unity of measurements of the Kyrgyz Republic. Copies of the certificate on acceptance
tests.
2) All measuring instruments that are part of the AMS and AHC, and AMS and AHC
themselves as integrated measuring instruments shall have calibration certificate issued
by the manufacturer. (The manufacturer must have a certificate of ISO 9001). A copy of
the manufacturer's certificate must be included in the Bidder’s tender application.
3) All active indoor hardware emitting electromagnetic radiation shall be certified in
accordance with the requirements of FCC Part 15 Class B, or similar standards for
electromagnetic radiation.
4) The Contractor shall provide copies of the Certificates of Conformance issued by the
bodies accredited by KYRGYZSTANDART. If the supplied hardware is not subject to
certification, the Contractor shall submit the appropriate letters from these
organizations. The above mentioned copies of certificates / letters shall be submitted by
the Contractor simultaneously with the delivery of the goods.
4.1.9.
Requirements to Scope of Supply
1) The Bidder shall supply all AMC, AMS and AHC as complete sets according to
(p.Ошибка! Источник ссылки не найден.) on WS M01-M33 and H01-02.
2) All sets shall include:
For AMC:
 all necessary for arrangement of wired communication lines directly from the
Protective container #1 and the Protective container #2 to an installation location of
sensors;
 all necessary for connection of the Controller #1 and all elements of automatic
meters of meteorological parameters located out of the Protective container #1 and
the Protective container #2 and for wiring inside the Protective container #1;
 all necessary materials and accessories needed for providing of communication
between the Controller #1 and Observer’s Automated workstation #1 taking into
account selected option of Communication set #1 (п.Ошибка! Источник ссылки
не найден.) for WS М01, М03, М04, М05, М07 М09 – М31 and Communication
set #2 (Ошибка! Источник ссылки не найден.) for WS M32 and M33;
 all necessary materials and components for the mount of measuring devices on the
Mast #1;
 all necessary materials and accessories for mounting Mast #1.
For AMS:
 all necessary for arrangement of wired communication lines directly from the
Protective container #1 and the Protective container #2 to an installation location of
sensors;
 all necessary for connection of the Controller #1 and all elements of automatic
meters of meteorological parameters located out of the Protective container #1 and
the Protective container #2 and for wiring inside the Protective container #1;
 all necessary materials and accessories needed for providing of communication
between the Controller #1 on WS М02, М06, М08, Н01 и Н02 and DCC using
Modem #1 (p. Ошибка! Источник ссылки не найден.);
 all necessary materials and components for the mount of measuring devices on the
Mast #1 and for WS М02 on the Mast #3;
 all necessary materials and accessories for mounting Mast #1 and Mast #3.
For AHC:
 all necessary for arrangement of wired communication lines directly from the
Protective container #1 and the Protective container #2 to an installation location of
sensors;
 all necessary for connection of the Controller #1 and all elements of automatic
meters of hydrological parameters located out of the Protective container #1 and the
Protective container #2 and for wiring inside the Protective container #1;
 all necessary materials for the laying of cable lines to the sensors in the water;
 all necessary materials and accessories for the protection and installation of Water
level gauge # 1, # 2, # 3 and Flow rate meter # 1;
 all materials and accessories necessary to provide communication between the
Controller #1 on WS H01 and H02 and DCC using the Modem #1 (item 4.2.15.2);
 all necessary materials and accessories for mounting Mast # 2;
 all necessary materials and components for the mount of measuring devices on the
Mast # 2.
1) The Bidder shall provide operability of all proposed hardware and software and
include in his tender application all components necessary to comply with that requirement.
2) All active hardware shall be provided with cabling connections for implementation of
the commissioning activities and operation.
4.1.10. Requirements for the Documentation Provided with the Hardware and Software
Each hardware and software item shall be supplied with a set of technical documentation
and user's manual if provided by the manufacturer. All required user’s manuals shall be in
Russian. Technical documentation shall be provided in Russian or in English. In any case,
providing of the technical documentation and user’s manuals in the form of blueprints is
inadmissible. If provided by the manufacturer, the above mentioned manuals shall also be
submitted in electronic format on CD / DVD-ROM.
Section IV. Bidding Forms
141
4.2.
HARDWARE
4.2.1. Servers
4.2.1.1. Servers Performance Confirmation Methods
For servers, the following methods to confirm the required performance of the proposed models
under the test SPECint_rate_base2006 are equally acceptable for the Employer:
 Confirmation on web site www.spec.org;
 Presence in the proposed server model of the same or greater quantity of the same type
processors (with the same trademark) with the same or higher operating frequency, with
the same or greater cache memory volume and FSB (when available) with the same or
higher frequency as of the processors installed in a server model having the
performance confirmation on web site. www.spec.org.
4.2.1.2. Server #1
The Server #1 is intended for a Software #1 (server part of a software) installation and at least,
shall meet the following requirements:

Architecture: х86-64;

Performance: 70 under the test SPECint_rate_base2006;

RAM memory 24 GB:
- Detection and correction of multibit errors;
- Mirroring the memory modules;
- Proactive diagnostics of memory modules state;

Internal disc sub-system:
- 1 (one) SAS controller supporting 8 (eight) hard drives. Hardware implementation RAID
0, 1+0, 5; cache memory of 1GB;
- 3 (three) hot-swappable hard drives. Capacity of each disc is 1TB, 10,000 RPM;

4 (four) Ethernet 1000 Base-T ports;

4 (four) USB ports;

1 (one) DVD-ROM drive;

2 (two) free PCI-E slots;

Excessive hot-swappable power supply 1+1;

Light indication of errors and device status;

Software and hardware means for remote server administration and management (clientserver architecture) with the following functions:
- Remote reload, switching on/off the server;
- Remote load of the server operating system with virtual floppy, ISO image, as well as from
virtual optic devices;
- Virtual text and graphic console (Virtual KVM) independent on the operational system;

Designed for installation into 19” closet, height up to 2U;

Preinstalled operating system compatible with Software #1 (p. 0);
- Preinstalled anti-virus protection software:
Subscribe for updates for 1 (one) year;
Server #1 shall be supplied with the following accessories:

Mounting kit for installation into the 19” closet;

4 (four) Ethernet patch cords of, cat. 5 or higher, length 2 (two) meters, RJ-45, factorymade;

1 (one) distributive set of preinstalled operating system compatible with Software #1.
4.2.2. Storage System # 1
Storage System # 1 is designed to connect to the Server # 1, as a minimum, shall meet the
following requirements:
• RAID: Supply RAID level 0, 1, 3, 5, 6, 10
• Number of connected servers: at least 4;
• Two (2) Controller in "active-active." On each controller:
- One (1) SAS port, the port speed 6 Gb / s;
- One (1) Ethernet management port 100 Base-T;
• Disk subsystem:
- Hardware RAID 6 implementation;
- 24 (twenty four) hard drives with hot-swappable. The size of each disk - 3TB, 7200
RPM;
• Redundant power supply, hot-swappable 1 + 1;
• Designed for installation in 19 "rack, the height of not more than 6U.
Storage System # 1 as a minimum should be supplied with the following accessories:
• Mounting kit for installation in 19 "rack;
• Two (2) patch cords Ethernet, cat. 5 or higher, the length of 2 (m) m, RJ-45, factory
production;
• cable connecting to connect to 2 (two) Servers # 1
• Software failover external channels when there is more than one way to access the server
to the Storage system # 1. This software should function under the operating system
installed on the Server # 1
4.2.3.
System Units
4.2.3.1. System Units Performance Confirmation Methods
For system units, the following methods to confirm the required performance of the proposed
models under BAPCO Sysmark 2012 are equally acceptable for the Employer:
 Confirmation on www.bapco.com;
 Presence in the proposed system unit model of the same or greater quantity of the same
type processors (with the same trademark) with the same or higher operating frequency,
with the same or greater cache memory volume and FSB (when available) with the same
or higher frequency as of the processors installed in a system unit model having the
performance confirmation on www.bapco.com.
4.2.3.2.
System unit #1
The System Unit #1 is designed for a Software #2 (client part of a Software#1, User Interfaces)
installation and shall meet the following minimal requirements:

Architecture: х86-64;

Design: Tower housing suitable for horizontal installation into RACK 19’’ closet;

Performance: 112 under the test of BAPCO Sysmark 2012;

RAM memory– 4GB;

1 (one) video adapter, 2 (two) DVI ports;

2 (two) hard drives: 500 GB (RAID 1), SATA, cache 8MB, 7,200 RPM;

1 (one) DVD-ROM drive;
Section IV. Bidding Forms
143







1 (one) 10/100/1000 Base-T Ethernet port;
6 (six) USB 2.0 ports with selective disconnect function;
1 (one) IEEE 1284 port;
1 (one) RS 232 port;
3 (three) free PCI or PCI-Express slots;
Preinstalled operating system compatible with Software #1(p. 0);
Preinstalled anti-virus protection software:
- Subscribe for updates for 1 (one) year;

Preinstalled office applications package equivalent to Microsoft Office.
System unit#1 shall be supplied with the following accessories:

Keyboard rus/lat. Latin and Cyrillic characters shall be printed in different colors. The
cable length: 1.5 m;

Mouse: three-button, optical, with scroll wheel. The cable length: 1.5 m;

Mouse pad;

1 (one) Ethernet patch-cord, cat 5е or higher, length 3 (three) meters, RJ-45, factory-made;

Accessories for installation into a telecommunications rack;

1 (one) distributive set of preinstalled operating system;

1 (one) distributive set of preinstalled anti-virus software on CD/DVD;

1 (one) distributive set of preinstalled software equivalent to Microsoft Office.

1 (one) set of PC speakers:
- Type: active 2.0;
- Frequency range:
80 – 20,000 Hz;
- Power supply: USB
- 1 (one) USB-port;
- 1 (one) mini jack line input;
- Total power: 4 W;
4.2.3.3.
System unit #2
The System Unit #2 is intended for a Software #3 Observer's automated workstation installation
and at least, shall meet the following requirements:

Architecture: х86-64;

Performance: 112 under the test of BAPCO Sysmark 2012;

RAM memory– 4GB;

1 (one) video adapter, DVI port;

1 (one) hard drive: 1 TB, SATA, cache 8MB, 7,200 RPM;

1 (one) DVD-ROM drive;

1 (one) 10/100/1000 Base-T Ethernet port;

6 (six) USB 2.0 ports with selective disconnect function;

1 (one) IEEE 1284 port;

1 (one) RS 232 port;

3 (three) free PCI or PCI-Express slots;

Preinstalled operating system Windows 7 Professional 64-bit, Rus or later;

Preinstalled anti-virus protection software:
- Subscribe for updates for 1 (one) year;

Preinstalled Microsoft Office 2013 Pro 64 office applications package, Rus.
System unit#2 shall be supplied with the following accessories:

Keyboard rus/lat. Latin and Cyrillic characters shall be printed in different colors. The
cable length: 1.5 m;

Mouse: three-button, optical, with scroll wheel. The cable length: 1.5 m;

Sound system, acoustics format,2.0, the output power at least 2 W;

Mouse pad;

Surge protector 6 cells with a cable length of at least 3.0 meters.

1 (one) Ethernet patch-cord, cat 5е or higher, length 3 (three) meters, RJ-45, factory-made;

1 (one) distributive set of preinstalled operating system Windows 7 Professional 64, Rus;

1 (one) distributive set of preinstalled anti-virus software on CD/DVD;

1 (one) distributive set of pre-installed software of Microsoft Office 2013 Pro, Rus.
4.2.4. Monitors
4.2.4.1.
Monitor #1
Monitor #1 shall meet the following minimum requirements:

Type: LCD, E-IPS;

Display size: 24”, 9х16;

Resolution: 1920x1080;

16.7 million colors;

1 (one) DVI port.

Monitor shall be supplied with the following accessories:
- 1 (one) connecting cable for connection to a system unit.
4.2.5. Laptops
4.2.5.1.
Confirming of laptop performance
For Laptop #1 (p. Ошибка! Источник ссылки не найден.) the following methods to confirm
the required performance of the proposed models under the test BAPCO Sysmark 2012 are
equally acceptable:

Confirmation on www.bapco.com;

Presence in the proposed laptop model of the same or greater quantity of the same type
processors (with the same trademark) with the same or higher operating frequency, with the
same or greater cache memory volume and FSB (when available) with the same or higher
frequency as of the processors installed in a laptop model having the performance
confirmation on web site www.bapco.com.
4.2.5.2.
Laptop #1
Laptop #1 intended for field operation and shall meet minimum requirements:

Type: industrial protected laptop
- Dust and moisture protection in compliance with IP65;
- Vibration-protection in compliance with MIL-STD-810G;
Section IV. Bidding Forms
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145
- Fall shock resistance: 10g (free-fall from 180 cm);
Screen:
- Matted;
- Diagonal 13,1”;
- Resolution 1024*768 dpi;
Processor:
- Architecture: х86;
- Performance: 120 under the test BAPCO Sysmark 2012;
RAM memory– 4 GB;
Video memory: 64 MB. When using a video memory shared with the RAM, the increase
of RAM to video memory is not required;
1 (one) hard drive:500 GB;
1 (one) Express Card slot, 54/34;
1 (one) SD card slot;
1 (one) 10/100/1000 Base-T Ethernet port;
3 (three) USB 2.0 ports;
1 (one) RS232 (COM) port;
1 (one) VGA port;
1 (one) Bluetooth port, version 2.1 +EDR;
1 (one) Wi-Fi port;
1 (one) audio adapter
Keyboard rus/lat;
Touch Pad;
Preinstalled operating system Windows 7 Professional 32-bit, Rus;
Preinstalled anti-virus protection software:
- Subscribe for updates for 1 (one) year;

Preinstalled Microsoft Office 2013 Professional package, Rus;
Laptop #1 shall be supplied with the following accessories:

1 (one) additional rechargeable battery;

1 (one) DVD-RW external drive;

1 (one) 220V AC charger for additional battery;

1 (one) automobile charger for additional battery;

1 (one) carrying bag for Laptop;

1 (one) distributive set of preinstalled operating system Windows 7 Professional 32-bit,
Rus on CD/DVD;

1 (one) distributive set of preinstalled anti-virus software on CD/DVD;

1 (one) distributive set of pre-installed software Microsoft Office 2013 Pro, Rus on
CD/DVD
4.2.6. Telecommunications closet #1
Telecommunications closet #1 intended for DCC equipment installation and shall meet minimal
requirements:

Height: 42U;

Installation width: 19”;

Installation depth: 1000 mm

Side walls: metal;

Rear wall: metal;

Front door lock;
Telecommunications closet shall be supplied with the following accessories:

2 (two) vertical organizers #1;

1 (one) Patch-panel #1, cat. 5, 48 (forty-eight) Ethernet ports, RJ-45.

Ventilation unit 19” for 2 fans, roof mounted;

Thermal control unit (display with temperature setting) built in roof;

Socket strip:
- Number of sockets: 8, with grounding contact;
- Maximum operating voltage: 250V;
- Maximum operating current: 16A;
- Power cable, 3 m;
- Switch: key switch with protective enclosure and highlighting.

KVM: switch with the following parameters:
- Type: electronic KVM-switch;
- 4 (four) ports for equipment connection.
4.2.7. Uninterruptible power supplies
4.2.7.1.
Uninterruptible power supply #1
Uninterruptible power supply #1 intended to work with Server #1 (DCC) and shall meet minimal
requirements:

Rated power: 3000VA/2700 W;

Rated output voltage: 220 +/- 5%;

Voltage of external power supply network, causing no transition to power supply from the
battery: 176 – 253V;

Automatic shut-off at short circuit;

1 (one) USB port;

1 (one) Ethernet 10/100/Base-T port;

Battery life: 10 minutes at 50% of the rated load;

Audio indication of operation modes;

Display for information output;

8 (eight) С13 connectors;

Designed for installation in 19” closet, height within 3U.
Uninterrupted power supply#1 shall be supplied with the following accessories:

Mounting kit for installation into the 19” closet;

Mounting kit for connecting to Customer’s grid;

Interface cables set and software for safe shutting down programs when disconnecting
power supply to the external grid. This software shall be compatible with the operating
system preinstalled on Server #1.
Section IV. Bidding Forms
147
4.2.7.2.
Uninterruptible power supply #2
Uninterruptible power supply #2 intended to work with System units #1 and #2 and shall meet
minimal requirements:

Rated power: 1000 VA / 670 Watt;

Rated output voltage: 220 +/- 5%;

Voltage of external power supply network, causing no transition to power supply from the
battery: 176 – 253V;

Permanent filtration of the input voltage;

1 (one) USB port;

Battery life: 15 minutes at 50% of the rated load;

Batteries are sealed, maintenance free;

Audio indication of operation modes;

Designed for floor mounting.
Uninterruptible power supply #2 shall be supplied with the following accessories:

Cable for connecting to Customer’s grid;

Interface cables set and software for safe shutting down programs when disconnecting
power supply to the external grid.
4.2.8. Switches
4.2.8.1.
Switch #1
Switch #1 intended to organize connection between Server #1 and the System unit #1 (DCC),
and at least, shall meet the following requirements:

24 (twenty four) 10/100/Base-T ports;

2 (two) 1000 Base-T ports;

Performance for processing of 64 byte frames: 6.55 million frames/sec;

Simultaneous support up to 128 VLAN (of 4096 VLAN ID)

Supported standards: IEEE 802.3 10BASE-T Ethernet, IEEE 802.3u 100BASE-TX Fast
Ethernet, IEEE 802.3ab 1000BASE-T Gigabit Ethernet, IEEE 802.3ad LACP, IEEE 802.3z
Gigabit Ethernet, IEEE 802.3x Flow Control, IEEE 802.1D (STP), IEEE 802.1Q/p VLAN,
IEEE 802.1w RSTP, IEEE 802.1X Port Access Authentication, IEEE 802.3af;

Dynamic routing protocol implementation: RIP v1/2, OSPF v2.;

Implementation of IPv6 protocol for VLAN interfaces;

Implementation of Quality of Service (QoS) technology IEEE 802.1p/DSCP;

Jumbo-frames – 10KB;

Support of 256 multicast-groups;

MAC table: 8000 records;

Designed for installation in 19” closet, height within 1U.
Switch # 1 shall be supplied with the following accessories:

Mounting kit for installation into the 19” closet;

24 (twenty four) Ethernet patch-cords, cat 5е or higher, length 2 (two) meters, RJ-45,
factory-made.
4.2.9. Firewalls
4.2.9.1.
Firewall #1
Firewall #1 is intended to protect DCC network and shall meet the following minimum
requirements:

Type: hardware firewall;

8 (eight) 10/100 BASE-TX ports;

Traffic analyzer performance: 150 Mbp/s;

Performance 3DES/AES VPN: 100 Mbp/s;

Number of controlled SSL VPN sessions: 25;

Number of virtual logical interfaces VLAN: 3;

Protocol data analysis of IP, IPv6, FTP, HTTP, SMTP, DNS, NFS;

Authorization protocol: RADIUS;

Creation of a fault-tolerant configuration from 2 (two) Firewalls #1 (in the presence of a
second Firewall #1).

Designed for installation into 19’’ closet 19”, height within 1U.
Firewall #1 shall be supplied with the following accessories:

Mounting kit for installation into the 19” closet;

8 (eight) Ethernet patch-cords, cat 5е or higher, length 2 (two) meters, RJ-45, factorymade.
4.2.10. Printers
4.2.10.1. Printer #1
Printer #1 is intended to work in DCC and Observer's automated workstation and shall meet
minimum requirements:

Print type: black and white;

Print technology: laser;

Maximum paper size: А4;

The number of pages per month: 25000 pgs.;

Automatic two-sided printing: no, (manual);

Print - speed of b/w printing: 30 p./min;

Maximum resolution for b/w printing: 1200x1200;

Supported operating systems: preinstalled on System unit #1 (p.4.2.3.2);

First print out time: 8 seconds
4.2.10.2. Printer #2
Printer #2 is intended to work in DCC and shall meet minimum requirements:

Type: matrix printer;

Needles: 9;

Print head resource: 400 million points per needle;

Maximum paper size: А4;

Paper roll holder;

Max mum printing speed: 357 symbols/second;

Interfaces: USB, LPT;
Section IV. Bidding Forms
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Memory buffer: no less than 128 Kb;
Supported operating systems: preinstalled on System unit #1 (p.4.2.3.2);
Power consumption: up to 35 W;
149
4.2.11. Measurement Equipment of Stations
4.2.11.1. Equipment Sets
All measurement equipment of AMC, AMS and AHC shall be shall be delivered in the following
sets:
4.2.11.1.1. Set AMS-1 for WS M02
#
Name
1.
Controller #1
Quantity
Measurement
Unit
1
pcs.
2.
Precipitation gauge #1
1
pcs.
3.
Wind speed and direction sensor #1
1
pcs.
4.
Air temperature and relative humidity
sensor #1
1
pcs.
5.
Soil surface temperature sensor #1
1
pcs.
6.
Barometric pressure sensor #1
1
pcs.
7.
Mast #3
1
pcs.
8.
Protection container #1
1
pcs.
9.
Protection container #2
1
pcs.
10. Battery #1
2
pcs.
11. Solar cells array #1
1
pcs.
Specification
4.2.11.2.1
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Section IV. Bidding Forms
151
12. Battery charge controller #1
Modem
a. #1
13.
Antenna cable
device #1
lightning
protection
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1
pcs.
2
pcs.
1
pcs.
Quantity
Measurement
Unit
Specification
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4.2.11.1.2. Set AMS-2 for WS H01 and H02
#
Name
1.
Controller #1
1
pcs.
2.
Precipitation gauge #1
1
pcs.
3.
Wind speed and direction sensor #1
1
pcs.
4.
Air temperature and relative humidity
sensor #1
1
pcs.
5.
Mast #1
1
pcs.
6.
Protection container #1
1
pcs.
7.
Protection container #2
1
pcs.
8.
Battery #1
2
pcs.
9.
Solar cells array #1
1
pcs.
10. Battery charge controller #1
1
pcs.
11. Modem #1
2
pcs.
1
pcs.
12.
Antenna cable
device #1
lightning
protection
4.2.11.1.3. Set AMS-2A for WS M06, M08
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#
Name
Quantity
Measurement
Unit
Specification
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13. Controller #1
1
pcs.
14. Precipitation gauge #1
1
pcs.
15. Wind speed and direction sensor #1
1
pcs.
1
pcs.
17. Soil surface temperature sensor #1
1
pcs.
18. Soil temperature profile sensor #1
1
pcs.
19. Mast #1
1
pcs.
20. Protection container #1
1
pcs.
21. Protection container #2
1
pcs.
22. Battery #1
2
pcs.
23. Solar cells array #1
1
pcs.
24. Battery charge controller #1
1
pcs.
25. Modem #1
2
pcs.
1
pcs.
Quantity
Measurement
Unit
16.
26.
Air temperature and relative humidity
sensor #1
Antenna cable
device #1
lightning
protection
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4.2.11.1.4. Set AMC-1 for WS M01, M09, M29
#
Name
1.
Observer's Automated Work Station
1
pcs.
2.
Controller #1
1
pcs.
Specification
3.1.3.2.1
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Section IV. Bidding Forms
153
3.
Precipitation gauge #1
1
pcs.
4.
Wind speed and direction sensor #1
1
pcs.
5.
Air temperature and relative humidity
sensor #1
1
pcs.
6.
Barometric pressure sensor #1
1
pcs.
7.
Solar radiation sensor #1
1
pcs.
8.
Ultraviolet sensor #1
1
pcs.
9.
Soil surface temperature sensor #1
1
pcs.
10. Mast #1
1
pcs.
11. Protection container #1
1
pcs.
12. Protection container #2
1
pcs.
13. Battery #1
2
pcs.
14. Solar cells array #1
1
pcs.
15. Battery charge controller #1
1
pcs.
16. Communication Set #1
1
pcs.
1
pcs.
1
pcs.
17.
Antenna cable lightning protection device
#1
18. Software #3
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4.2.11.1.5. Set AMC-2 for WS M03, M05, М13, М17, М21, М22, М24, М26, М28, М31.
#
Name
1.
Observer's Automated Work Station
Quantity
1
Measurement
Unit
Specification
pcs.
3.1.3.2.1
2.
Controller #1
1
pcs.
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3.
Precipitation gauge #1
1
pcs.
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4.
Wind speed and direction sensor #1
1
pcs.
5.
Air temperature and relative humidity
sensor #1
1
pcs.
6.
Barometric pressure sensor #1
1
pcs.
7.
Soil surface temperature sensor #1
1
pcs.
8.
Mast #1
1
pcs.
9.
Protection container #1
1
pcs.
10. Protection container #2
1
pcs.
11. Battery #1
2
pcs.
12. Solar cells array #1
1
pcs.
13. Battery charge controller #1
1
pcs.
14. Communication Set #1
1
pcs.
1
pcs.
1
pcs.
15.
Antenna cable lightning protection device
#1
16. Software #3
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4.2.11.1.6. Set AMC-2A for WS M04, М07, М10, М11, М12, М14, М15, М16, М18, М19,
М20, М23, М25, М27, М30.
#
Name
1.
Observer's Automated Work Station
Quantity
Measurement
Unit
Specification
1
pcs.
3.1.3.2.1
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2.
Controller #1
1
pcs.
3.
Precipitation gauge #1
1
pcs.
4.
Wind speed and direction sensor #1
1
pcs.
5.
Air temperature and relative humidity
sensor #1
1
pcs.
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Section IV. Bidding Forms
155
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6.
Barometric pressure sensor #1
1
pcs.
7.
Soil surface temperature sensor #1
1
pcs.
8.
Soil temperature profile sensor #1
1
pcs.
9.
Mast #1
1
pcs.
10. Protection container #1
1
pcs.
11. Protection container #2
1
pcs.
12. Battery #1
2
pcs.
13. Solar cells array #1
1
pcs.
14. Battery charge controller #1
1
pcs.
15. Communication Set #1
1
pcs.
1
pcs.
1
pcs.
Quantity
Measurement
Unit
Specification
1
pcs.
3.1.3.2.1
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16.
Antenna cable
device #1
lightning
protection
17. Software #2
4.2.11.1.7. Set AMC-3 for WS M32, M33
#
Name
1.
Observer's Automated Work Station
2.
Controller #1
1
pcs.
3.
Precipitation gauge #1
1
pcs.
4.
Wind speed and direction sensor #1
1
pcs.
5.
Air temperature and relative humidity
sensor #1
1
pcs.
6.
Barometric pressure sensor #1
1
pcs.
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Источник ссылки
не найден.
7.
Soil surface temperature sensor #1
1
pcs.
8.
Mast #1
1
pcs.
9.
Protection container #1
1
pcs.
10. Protection container #2
1
pcs.
11. Battery #1
2
pcs.
12. Solar cells array #1
1
pcs.
13. Battery charge controller #1
1
pcs.
14. Communication Set #2
1
pcs.
1
pcs.
1
pcs.
Quantity
Measurement
Unit
Specification
Ошибка!
Источник
ссылки не
найден.
15.
Antenna cable
device #1
lightning
protection
Software #3
4.2.11.1.8. Set AHC-1 for WS H01
#
Name
1.
Controller #1
1
pcs.
2.
Water level gauge #2
1
pcs.
3.
Water level gauge #3
1
pcs.
4.
Flow rate meter #1
1
pcs.
5.
Mast #2
1
pcs.
6.
Protection container #1
2
pcs.
7.
Protection container #2
1
pcs.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
Ошибка!
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не найден.
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не найден.
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Источник ссылки
не найден.
Section IV. Bidding Forms
157
8.
Battery #1
2
pcs.
9.
Solar cells array #1
1
pcs.
1
pcs.
10. Battery charge controller #1
11. Modem #1
12.
Antenna cable lightning protection device
#1
13. Benchmark #1
2
pcs.
1
pcs.
2
pcs.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
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Источник ссылки
не найден.
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Источник
ссылки не
найден.
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не найден.
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Источник ссылки
не найден.
4.2.11.1.9. Set AHC-2 for WS H02
#
Name
Quantity
Measurement Unit
Specification
Ошибка!
Источник
ссылки не
найден.
1.
Controller #1
1
pcs.
2.
Water level gauge #1
1
pcs.
3.
Water level gauge #2
1
pcs.
4.
Flow rate meter #1
1
pcs.
5.
Mast #2
1
pcs.
6.
Protection container #1
2
pcs.
7.
Protection container #2
1
pcs.
8.
Battery #1
2
pcs.
9.
Solar cells array #1
1
pcs.
1
pcs.
10. Battery charge controller #1
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
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Источник ссылки
не найден.
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Источник ссылки
не найден.
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Источник ссылки
не найден.
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Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
11. Modem #1
12.
Antenna cable lightning protection device
#1
13. Benchmark #1
2
pcs.
1
pcs.
2
pcs.
Ошибка!
Источник
ссылки не
найден.
Ошибка!
Источник ссылки
не найден.
Ошибка!
Источник ссылки
не найден.
4.2.11.2. Specification of the basic equipment of hydrometeorological observations
subsystem
4.2.11.2.1.
Controller #1
Controller #1. The Controller shall be well operation proven and widely used at
hydrometeorological networks of other countries, tested on a large number of installations that
should be confirmed by documents. Manufacturer’s confirmation should be provided that the
model offered is under production for at least 2 years provided. The controller shall work with a
wide range of meteorological and hydrological sensors and have a non-volatile memory on a
flash technologies basis and at least, shall meet the following requirements:

Type: device able to and accumulate measurement data, transfer data to the data
acquisition server, operating in multitask regime.

Processor: not less than 32 Bit;

Data storage: not less than 4 MB, nonvolatile flash memory expandable to 2 Gb;

No less 2 (two) RS232 ports;

No less 1 (one) USB port;

No less 1 (one) Ethernet port;

Analog inputs:
- No less 8(eight) analog inputs are galvanically separated;
- number of inputs can be increased using external modules.

Absolute voltage measurement error: 0.05% at -40 – +60 С;

Digital inputs:
- No less 1 (one) digital inputs: RS-485 and \ or SDI-12 with capability to connect up to 32
digital sensors;
- SDI-12 protocol support;

Possibility of connecting at least one device 1 (satellite or GSM \ GPRS modem);;

Supply voltage: 8 to 16 V;

Operating temperatures range: -50°С to +60°С;

Display Operating temperature: -50 to +60С;

Operational humidity: 0 – 100% (without condensation);

Internal clock with an independent power supply;

Interval measurement - from a minimum value for the particular type of sensor 24 hours
programmable for each measurement channel;

Display: LCD;

Internal monitoring timer (watchdog timer): provides automatic device reset in the event of
the processor failure;
Section IV. Bidding Forms
159


Control of supply voltage of Battery #1 (p. Ошибка! Источник ссылки не найден.);
Internal software of controller shall provide the following functions:
- library of sensor descriptions to provide quick connection to the controller;
- possibility to connect third party manufacturers' sensors by the Employer's staff;

A user shall be able to develop his own procedures for handling the measurement results,
using standard programming languages (Basic and C ++), a manual for development for at
least one programming language shall be included in the supply package;

Set of tools and consumables for production maintenance and routine maintenance:
4.2.11.3. Precipitation gauge #1
The precipitation gauge is designed for automatic measurement of liquid, solid and mixed
precipitation in stand-alone mode and as a part of automatic stations.
Precipitation gauge #1 shall meet the following minimum requirements:










Principle: weighing or converter, drift-free sensor
Reception area: more than 300 cm²;
Sensitivity: not less than 0.1 mm;
Accuracy (intensity): not less than ± 2%;
Operating temperature: -50°C ÷ +60°C;
Compatible with Controller #1 (p.4.2.11.1);
Housing: UV-resistant, made of corrosion-resistant material;
Connection cables: UV-resistant, suitable for underground applications;
Fasteners: UV-resistant, made of corrosion-resistant material;
Windshield shall be provided: curved plates. The upper ends of the plates are bent
outwards and are placed at the same horizontal plane as the upper cut of collection
container.
 Accessories for installation of Precipitation gauge #1 to the foundation, prepared by the
Contractor in process of Site preparation (p. 4.4.1).
Accessories for installation of Precipitation gauge # 1 shall meet the following minimum
requirements:
 After installation, the receiving surface of Precipitation gauge # 1 shall be at the height of
2 (two) meters above the ground;
 Material: corrosion resistant metal.
 Design: pole with a base concreted into the foundation;
 Package: shall include mounting fastener for Precipitation gauge #1 to allow, if
necessary, demounting and reinstallation.
4.2.11.4. Water level gauge #1
Hydrostatic gauge for water level measurement with the function of water temperature
measurement.
Water level gauge #1 shall meet the following minimum requirements:

Measurement range: 0 – 20 m;

Measurement parameters: water level in mm., and water temperature in °C;
- Sensitivity (water level): 0.01 m;
- Sensitivity (water temperature): 0.1°C;

Accuracy (water level): 0.1% of full scale;

Accuracy (water temperature): 0.5°C;

Range with temperature compensation: 0°C ÷ + 40°C;





Material: stainless steel;
Housing protection: IP 68;
Operating voltage: 8 – 16 V;
Operating temperature; -15°C ÷ + 40°C;
Connection cables: Solid vented cable with peel strength of at least 100 kg; suitable for
underground placement;

Lightning protection: conductor wires 20,000 Amperes, response time <10 nsec;

Ventilated pipe (Moisture protection): with a dehydrator and chamber for it or moisture
absorber.

Calibration interval of at least 24 months with a deviation of not more than a half of the
tolerance limit for the calibration interval
4.2.11.5.
Water level gauge #2
The radar level sensor designed for the flow depth measurement without direct contact with
water. The sensor may be used both as a part of automatic stations and as a standalone
instrument.
Water level gauge #2 shall have the following minimum characteristics:

Level measurement range: 2.0 to 15.0 meters;

Accuracy: 1 sm or better;

Sensitivity: 0.3 mm;

Programmable measurement interval: 60 second to 24 hours;

Output: SDI-12 or RS232 or RS485 or analog;

Built-in memory: 32 MB (allows storage of more than 300,000 measurements);

Operating temperature range: -15С to + 40С;

Operating voltage: 8 – 16 V;

Protection class: at least NEMA4X or equivalent;

Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval
4.2.11.6. Water level gauge #3
Water level gauge #3 shall meet the following minimum requirements:

Type - bubble level meter with water temperature sensor;

Compatible with Controller #1 (p. Ошибка! Источник ссылки не найден.);

Measurement range: 0 to 16 m;

Measurement interval: 60 second to 24 hours;

Limit of basic allowable error: 0.1% from the measurement diapason;

Output: SDI-12 or RS232 or RS485 or analog;

Supply voltage: 8 – 16 V;

Operating temperature: -15 to +40 С;

Operating humidity: 0 to 95%;

Digital interface standard (data transfer protocol): SDI-12 or according to Controller #1
requirements as stated in p.4.2.1.2;
Section IV. Bidding Forms

161
Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval
4.2.11.7.
Flow rate meter #1
Flow rate meter #1 shall meet the following minimum requirements:

Type: ultrasonic radar sensor;

Compatible with Controller #1 (p. Ошибка! Источник ссылки не найден.);

Flow speed measurement range: 0 to 7 m/s;

Measurement tolerance: ±2%;

Protection class: IP66;

Supply voltage: 8-16 V;

Power consumption: up to 10 W;

Internal memory: not less than 2 Gb;

Measured fluid temperature range: 0° С to + 40°С;
 Temperature range: -20°C ÷ +40°C;
 Cable length: up to 100 meters;

Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval
4.2.11.8. Wind speed and direction sensor #1
Designed for measurement and transmission of speed and wind direction values as a part of an
automatic station. It shall be a mechanical anemometer manufactured in accordance with
industrial standards and mounted on a Mast. The sensor shall be compatible with Controller #1
(p.Ошибка! Источник ссылки не найден.) for automatic data transmission and storage.
Wind speed and direction sensor #1 shall meet the following minimum requirements:

The wind speed measurement parameters:
- Measurement range: 0 – 60 m/s;
- Maximum gust: 60 m/s;
- Sensitivity: 0.1 m/s;
- Accuracy: ± 1% or better for the wind speed > 5 m/s;

The wind direction change measurement parameters:
- Measurement range: 0 - 360° without sensitivity zone;
- Sensitivity: ± 3°;
- Accuracy: ± 2% or better for the wind speed > 5 m/s;

Operating voltage: 8-16 V;

Temperature range: -50°C ÷ + 60°C;

Connection cables: UV resistant;

Wind speed and direction sensor #1 should not require additional power supply mounted
on the sensor itself;

Connection shall be made via waterproof cable entries installed on the underside of the
housing.

Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval
4.2.11.9. Air temperature and relative humidity sensor #1
Designed for measurement and electronic transmission of the ambient air temperature and
relative humidity values as a part of an automatic station. It shall be a sensor produced in
accordance with industrial standards. The sensor should be placed in the radiation protection
screen. The sensor shall be compatible with Controller #1 (p. Ошибка! Источник ссылки не
найден.) for automatic data transmission and storage.
Air temperature and relative humidity sensor #1 shall meet the following minimum
requirements:

For temperature measurement:
- Accuracy: ±0.1°C;
- Measurement range: -50°C ÷ +60°C;
- Sensitivity: 0.1°C;

For humidity measurement:
- Measurement range: 0 - 100% of relative humidity;
- Sensitivity: 0.1% of relative humidity;
- Accuracy: ± 2.0%;
- Temperature dependence: temperature compensation;

Operating voltage: 8-16 V;

Temperature range: -50° C ÷ + 60°C;

Protection screen: UV-resistant, white, non-metallic and without forced ventilation;

Connection cables: UV-resistant.

Connection shall be made via waterproof cable entries installed on the underside of the
housing.
Calibration interval of at least 24 months with a deviation of not more than half of the maximum
tolerance limit for the calibration interval.
4.2.11.10. Barometric pressure sensor #1
Designed for measurements and electronic transmission of barometric pressure values as a part
of an automatic station. It shall be a sensor produced in accordance with industrial standards. The
sensor shall be mounted in a ventilated enclosure. The sensor shall be recognized by WMO. The
sensor shall be compatible with Controller #1 (p. Ошибка! Источник ссылки не найден.)
for automatic data transmission and storage.
The barometric pressure sensor # 1 shall meet the following minimum requirements:
 Measurement range: 600 — 1100 hPa;
 Sensitivity: 0.1 hPa;
 Accuracy: ±0.25 hPa;
 Deviation during the work period: displacement of 0.1 hPa per year;
 Temperature dependence: compensation per range -50°C +60°C;
 Measurement: inside a ventilated enclosure;
 Operating voltage: 8-16 V;
 Temperature range: -50°C ÷ +60°C;
 Connection cables: UV-resistant.
 Connection shall be made via waterproof cable entries installed on the underside of the
housing.
 Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval.
Section IV. Bidding Forms
163
4.2.11.11. Solar radiation sensor #1
Designed for measurement and calculation of the following parameters: direct, diffuse and total
solar radiation. It shall be a sensor produced in accordance with industrial standards. The sensor
should be compliant with ВМО ISO 9060/ WMO Standard. The sensor shall be compatible with
Controller #1 (p. Ошибка! Источник ссылки не найден.) for automatic data transmission
and storage.
The sensor shall be compatible with Controller #1 (p. 4.2.11.1) for automatic data transmission
and storage.
 Measurement range: -2000 to +4000 W/m² of radiation balance within the range of 0.2 to
100 micrometers;
 Sensitivity: at least 10 micro V/W/m²;
 Field of view: 180°;
 Response time: < 5 sec.;
 Operating voltage: 8-16 V;
 Operating temperature: -50°C ÷ +80°C;
 Connection cables: UV resistant and is suitable for underground allocation;
 Mounting: bracket for mast mounting;
 Connection shall be made via waterproof cable entries installed on the underside of the
housing.
 Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit blundered for the calibration interval.
4.2.11.12. Ultraviolet sensor #1
Ultraviolet sensor #1 shall have the following minimum characteristics:
 Type: two-range UV radiometer;
 Color sensitivity: 280 to 315 nm/315 to 400 nm;
 Housing: anodized aluminum;
 Nonlinearity: < 1 %;
 Response time: < 1.5 sec.;
 Operating temperature: –40...+50°C;
 Supply voltage: 8...16 V;
 Protection from rain and splashing and additional dehydrator to prevent condensation
inside the housing, built-in bubble level.
 Connection cables: UV resistant and is suitable for underground allocation;
 Mounting: bracket for mast mounting;
 Connection shall be made via waterproof cable entries installed on the underside of the
housing.
 Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval.
4.2.11.13. Soil surface temperature sensor #1
Designed for measurement and electronic transmission of solar radiation values as a part of an
automatic station. It shall be a sensor produced in accordance with industrial standards. The
sensor should be placed 10 cm above the soil surface and protected from direct sunlight. The
sensor shall be recognized by WMO. The sensor shall be compatible with Controller #1 (p.
Ошибка! Источник ссылки не найден.) for automatic data transmission and storage.
Surface temperature sensor shall meet the following minimum requirements:










Accuracy: ±0.1°C;
Measurement range: -60°C ÷ +60°C;
Sensitivity: 0.1°C;
Operating voltage: 8-16 V;
Output: SDI-12 or RS232 or RS485 or analog;
Temperature range: -60°C ÷ + 70°C;
Protection screen: UV-resistant, white, non-metallic and without forced ventilation;
Connection cables: UV resistant and is suitable for underground allocation;
Connecting cable length: from Controller #1 to the installation location 20 meters;
Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval.
4.2.11.14. Soil temperature profile sensor #1
Designed for measurement and electronic transmission of soil temperature values at a depth of
5cm, 10cm, 15cm, 20cm as a part of an automatic station.
Soil temperature profile sensor #1 shall meet the following minimum requirements:
 Accuracy: ±0; 2°C;
 Measurement range: -20°C +50°C;
 Sensitivity: 0.1°C;
 Operating voltage: 8-16 V;
 Temperature measurement depth: 5 cm, 10 cm, 15 cm, 20 cm;
 Connection cables: UV resistant and is suitable for underground allocation;
 Connecting cable length: from Controller #1 to the installation location 20 meters;
 Calibration interval of at least 24 months with a deviation of not more than half of the
tolerance limit for the calibration interval
Section IV. Bidding Forms
165
4.2.12. Leveling device #1
Leveling device #1 shall meet the following minimum requirements:
• Type - Optical level;
• Closest focusing distance: 1.2 m;
• Telescope, 23x increase;
• Picture: direct
• The working range of the compensator: Hanging with magnetic dampers ± 15 °;
• Operating temperature range, ° C from -40 ° to + 50 °
• Leveling device # 1 should be supplied with the following accessories:
- Leveling rod #1:

Type: two-side bar coded foldable or telescope rod with a level;

Length: 3 to 4 m;

Scale division: 10 mm;
- Tripod for geodesic instruments #1:

Height 100 cm to 165 cm;

Material: aluminum;
- Case and protective shell;
4.2.13. GPS receiver #1
It is a radio receiver for determination of the geographical coordinates of the current receiver
antenna location.
GPS receiver #1 shall meet the following minimum requirements:
 20-channel GPS receiver;
 Integrated GPS antenna; Positioning accuracy: up to 5 meters;
 GSM: frequency 850/900/1800/1900 MHz;
 Integrated GPS antenna;
 Integrated battery, Li-Pol 850mAh 3.7V
 Off-line operation time:
- in standby mode — up to 190 hours;
- in continuous mode (active movement) — up to 9 hours;
 Operating temperature -20..+55°С;
 Humidity 5 – 95%;
 Weight: up to 100 grams (with battery);
4.2.14. Engineering and power supply equipment and facilities
4.2.14.1. Benchmark #1
Benchmark #1 shall meet the following minimum requirements:
• Length, mm - up to 2000, Diameter, mm -100-150;
• Depth bookmarks mm - 1500-1800 mm ± 10%;
• Construction - metal pipe with a diameter of 100-150 mm, filled and covered with concrete:
4.2.14.2. Protection container #1
Designed for placement of the automatic stations equipment.
Protection container #1 shall meet the following minimum requirements:








Housing: galvanized steel with powder coated aluminum with reinforced insulation from
non-combustible inorganic materials;
Heat-insulation R5 or higher;
Inputs: not less than 2 sealed inputs for installation of waterproof connectors for sensors
and peripheral equipment;
Protection: shall be designed for protection against strong sunlight and falling objects (ice,
branches of trees). It shall comply with protection class IP67 (NEMA6) or higher;
Size: the appropriate size for loose placement and easy access to the installed equipment;
Additional equipment: frame for mounting of internal equipment, kit for external mounting
on a mast, a set of connection cables;
Door opening sensor compatible with the Controller # 1 (p.Ошибка! Источник ссылки
не найден.) designed for information on Protection container #1 door openings automatic
transmission and display on the operator's AWS of DCC#1(п. Ошибка! Источник ссылки
не найден.);
Audio alarm for Protection container #1 door opening.
4.2.14.3. Protection container #2
Protection container #2 designed to accommodate Batteries.
Protection container #2 shall meet the following minimum requirements:
 Housing: galvanized steel with powder coated aluminum with reinforced insulation from
non-combustible inorganic materials;
 Insulation thickness: 5 cm;
 Heat-insulation: no less than R5 or higher;
 Size: the appropriate size for loose placement and easy access to the installed equipment;
 Protection: shall be designed for protection against strong sunlight and falling objects (ice,
branches of trees). It shall comply with protection class IP67 (NEMA6) or higher;
4.2.14.4. Battery #1
Battery #1 shall meet the following minimum requirements:

Type: sealed lead acid battery (gel) — deep charging, low self-discharge;

Rated voltage: 8-16V;

Nominal capacity: 60 А/h or higher;

Service life, in cycles of charging: at least 1,000;

Operating temperature range: -50°С…+60°С

Lifetime under the classification of EUROBAT: at least 10 years.
Note: this paragraph contains only minimum requirements. The bidder shall calculate
requirements for Battery # 1 taking into account the requirements for Power supply subsystem
(p.Ошибка! Источник ссылки не найден.).
4.2.14.5. Solar cells array #1
Solar cells array #1 shall meet the following minimum requirements:

Power: 65 W;

Rated voltage: 8-16 V;

Operating temperature range: -50°С …+60°С;

Kit for mounting on a Mast and mounting kit.
Section IV. Bidding Forms
167
Note: this paragraph contains only minimum requirements. The bidder shall calculate
requirements for Solar cells array # 1 taking into account the requirements for Power supply
subsystem (p. Ошибка! Источник ссылки не найден.).
4.2.14.6. Battery charge controller #1
Battery charge controller #1 shall meet the following minimum requirements:

Power: 100 W;

Input voltage: 8-16 V;

Output voltage: 8-16 V;

Operating temperatures range: -50°С ...to +60°С;

DC voltage regulator, reverse polarity protection, pulse width modulation, without low
voltage opening.
Note: this paragraph contains only minimum requirements. The bidder shall calculate
requirements for Battery charge controller # 1 taking into account the requirements for Power
supply subsystem (p. Ошибка! Источник ссылки не найден.).
4.2.14.7. Tool set #1
Tool set #1 shall at least include:

6 (six) Precision screwdrivers;

9 (nine) Hexagonal wrenches;

24 (twenty four) Bits for screwdrivers:
- regular slot — 6 pcs;
- cross slot — 6 pcs.
- hex socket — 6 pcs
- Torch — 6 pcs.

1 (one) Screwdriver handle;

1 (one) Bits retainer;

Screwdrivers of various lengths:
- 11 (eleven) regular slot;
- 7 (seven) cross slot;
- 5 (five) (No. 0-1-2-3-4);

1 (one) Pliers (6”);

1 (one) Long-nosed pliers (7”);

1 (one) Flat-nosed pliers (7,5”);

1 (one) Crimping pliers (8”);

1 (one) Flat-nosed pliers (10”);

1 (one) Long-nosed pliers (8”);

1 (one) Side-cutting pliers;

Bent needle nose pliers:
- 150 mm;
- 200 mm;

1 (one) Adjustable wrench (8”);

10 (ten) Adjustable wrenches (6-8-10-11-12-13-14-15-17-19);

12 (twelve) Heads ¼ (4-4,5-5-5,5-6-7-8-9-10-11-12-13);

17 (seventeen) Heads ½ (10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-27-30);

2 (two) Head adapters (16 and 21 mm.);

1 (one) Universal joint (1/4);

1 (one) Universal joint (1/2);

1 (one) Ratchet handle (1/4);

1 (one) Ratchet handle (1/2);

1 (one) Nail puller hammer (0.3 kg).
These tools shall be made of chrome vanadium and have a rubber dielectric handle.
The following items should also be included:

1 (one) Measuring tape (5m);

Tarred tape:
- 1 (one) of red color;
- 1 (one) of blue color;
- 1 (one) of green color;
- 1 (one) of white color;

1 (one) Metal ruler (30 cm);

1 (one) Building knife with a set of blades;

1 (one) Soldering iron (12 W, 30 V.);
- Accessories: kit for connection to car power supply;

Tweezers with knurled knob:
- 1 (one) straight;
- 1 (one) bent;

1 (one) case for transportation (wheeled):

Battery powered screwdriver #1
Battery powered screwdriver #1 shall meet the following minimum requirements:
- Chuck type: quick action;
- Chuck opening range: 1 – 10 mm;
- Reverse: yes
- Switch with smooth rotation speed control;
- Torque adjustment: 10+1;
- Highlighting of the work area;
- Battery: Li-ion;
- Battery voltage: 14.4 V;
- Capacity: 1,5 А/h;
- Package: charger, manual, carrying case.

Multimeter #1
Multimeter #1 shall meet the following minimum requirements:
- DC voltage measurement: 200mV/2V/20V/200V/1000V ±(0.5% +2);
- AC Voltage measurement: 2V/20V/200V/750V ±(0.8% +3);
- DC measurement: 200mA ±(1.5 % +1) to 10A ±(2.0 % +5);
- AC measurement: 200mA ±(1.8 % +3) to 10A ±(3.0 % +7);
- Resistance measurement: 200Ω/2KΩ/20KΩ/200KΩ/2MΩ/20MΩ ±(0.8% +3);
- Capacity measurement: 20nF/200nF/2µF/200µF ±(4% +8);
Section IV. Bidding Forms
169
-
Indication limit: 2,000 digits;
Manual measurement range setting;
Transistor test: 0 ~ 1,000;
Diode test 2.7V;
Continuity test <50Ω;
Measurement logging mode;
Power supply: battery 9V;
Dimensions: up to 195×95×55mm;
Package: set of probes, manual in Russian.

Compass #1
Compass #1 shall meet the following minimum requirements:
- Type: magnetic liquid;
- Housing diameter: up to 40 mm;
- Graduation mark: 2 grad;
- Wristlet.

Compass #2
Compass #2 shall meet the following minimum requirements:
- Type: electronic compass;
- LED;
- Battery type: Li-Ion, 390 mAh or higher;
- Operating time with full charge: up to 10 hours;
- USB connector for PC connection:
- Multi-language menu.
4.2.14.8. Mast #1
Mast #1 shall meet the following minimum requirements:

Type: mast for installation of Protection container #1 (p. Ошибка! Источник ссылки не
найден.) and automatic weather station equipment (Section 5, Figure 6);

Height: 10 m;

The following materials are acceptable: aluminum, duralumin, stainless steel;

Wind load: up to 60 m/s;

Painted in white;

Mounting of Mast #1 according to WMO standard;

Mast #1 shall be supplied with the following accessories:
- Components for installation of Mast #1 on the foundation, prepared by the Contractor
under Site preparation #1 (p. Ошибка! Источник ссылки не найден.).
- Components (rods, fasteners) for installation of sensors in accordance with the
manufacturers’ recommendations;
- Metal cable ropes: anchored backstays for mounting into the ground, concrete or rock
foundation;
- Lightning protection for antenna cable, the mast itself and sensors mounted on mast shall
meet minimal requirements:
1. Core material
Insulated, in copper braided sheath or
2.
3.
4.
Fasteners material
Cable length
Compliance with standards
5.
Package
6.
Type
equivalent
Dielectric
15±5м
1. GOST
R
50571.19-2000,
or
an
international equivalent
2. Complete package includes lightning rod,
cable, grounding rods and fasteners
3. Lightning protection system shall be
isolated from the mast and controller power
supply
4.2.14.9. Mast #2
Mast #2 shall meet the following minimum requirements:

Type: mast for installation of Protection container #1 (p. Ошибка! Источник ссылки не
найден.) and automatic hydrologic complex equipment;

Height: 5 m;

The following materials are acceptable: aluminum, duralumin, stainless steel;

Wind load: up to 60 m/s;

Painted in white;

Mounting of Mast #2 according to WMO standard;

Mast #2 shall be supplied with the following accessories:
- Components for installation of Mast #2 on the foundation, prepared by the Contractor
under Site preparation #4 (p. Ошибка! Источник ссылки не найден.).
- Components (rods, fasteners) for installation of sensors in accordance with the
manufacturers’ recommendations;
- Metal cable ropes: anchored backstays for mounting into the ground, concrete or rock
foundation;
- Lightning protection for antenna cable, the mast itself and sensors mounted on mast shall
meet minimal requirements:
7. Core material
Insulated, in copper braided sheath or
equivalent
8. Fasteners material
Dielectric
15±5м
9. Cable length
10. Compliance with standards
4. GOST
R
50571.19-2000,
or
an
international equivalent
11. Package
5. Complete package includes lightning rod,
cable, grounding rods and fasteners
Type
12.
6. Lightning protextion system shall be
isolated from the mast and controller power
supply
4.2.14.10. Mast #3
Mast #3 shall meet the following minimum requirements:

Type: mast for installation of Protection container #1 (p. Ошибка! Источник ссылки не
найден.) and automatic weather station equipment;

Height: 20 m;

The following materials are acceptable: aluminum, duralumin, stainless steel;
Section IV. Bidding Forms




-
171
Wind load: up to 60 m/s;
Painted with white color;
Mounting of Mast #3 according to WMO standard;
Mast #3 shall be supplied with the following accessories:
Components for installation of Mast #3 on the foundation, prepared by the Contractor
under Site preparation #1 (p. Ошибка! Источник ссылки не найден.).
Components (rods, fasteners) for installation of sensors in accordance with the
manufacturers’ recommendations;
Metal cable ropes: anchored backstays for mounting into the ground, concrete or rock
foundation;
Lightning protection for antenna cable, the mast itself and sensors mounted on mast shall
meet minimal requirements:
13. Core material
Insulated, in copper braided sheath or
equivalent
14. Fasteners material
Dielectric
15±5м
15. Cable length
16. Compliance with standards
7. GOST
R
50571.19-2000,
or
an
international equivalent
17. Package
8. Complete package includes lightning rod,
cable, grounding rods and fasteners
18. Type
9. Lightning protection system shall be
isolated from the mast and controller power
supply
4.2.14.11. Mast #4
Mast #4 shall meet the following minimum requirements:

Type: mast for installation of stationary broadband SB-antenna;

Height: 10-12 m;

The following materials are acceptable: aluminum, duralumin, stainless steel;

Wind load: up to 60 m/s;

Mast #4 shall be supplied with the following accessories:
- Components for installation of Mast #4 on the foundation, prepared by the Contractor
under Site preparation #3 (p. Ошибка! Источник ссылки не найден.).
- Components (rods, fasteners) for installation of sensors in accordance with the
manufacturers’ recommendations;
- Metal cable ropes: anchored backstays for mounting into the ground, concrete or rock
foundation;
- Lightning protection for antenna cable, the mast itself and sensors mounted on mast shall
meet minimal requirements:
19. Core material
Insulated, in copper braided sheath or
equivalent
20. Fasteners material
Dielectric
15±5м
21. Cable length
22. Compliance with standards
10. GOST
R
50571.19-2000,
or
an
international equivalent
23. Package
11. Complete package includes lightning rod,
24. Type
cable, grounding rods and fasteners
12. Lightning protection system shall be
isolated from the mast and controller power
supply
4.2.14.12. Site #1 fencing
Site #1 fencing shall meet the following minimum requirements:

Type of fencing:
- Wire mesh of galvanized steel, mesh size 100 x 100 mm, wire diameter 1.8 mm;
- Mesh stretched over metal frames;
- Frames are fastened to metal posts with the height 1.3 to 1.5 m above the ground, the post
diameter 60 to 70 mm, wall thickness 5 mm.

Site size: 26m х 26 m;

Fencing height: 1.3 to 1.5 m.

Metal gate 1000 x 1500 mm with a lock;

Painted in white.
4.2.14.13. Site #2 fencing
Site #2 fencing shall meet the following minimum requirements:

Type of fencing:
- Wire mesh of galvanized steel, mesh size 100 x 100 mm, wire diameter 1.8 mm;
- Mesh stretched over metal frames;
- Frames are fastened to metal posts with the height 2 m above the ground, the post diameter
60 to 70 mm, wall thickness 5 mm.

Site size: 5 m х 5 m;

Fencing height: 2 m.

Metal gate 1000 x 2000 mm with a lock;

Painted in white.
4.2.15. Communication Equipment
4.2.15.1. Communication Sets
4.2.15.1.1. Communication set #1
Communication set #1 is designed for arrangement on AMC (WS M01, M03, M04, M05, M07,
M09-M31) of communication lines to connect:
Communication Line 1: Controller #1 (p. Ошибка! Источник ссылки не найден.2) and
Observer’s Automated workstation #1 (p. Ошибка! Источник ссылки не найден.3).
Communication Line 2: Controller #1 (p. Ошибка! Источник ссылки не найден.2) and
Data Collecting Center;
Communication Line 3: Observer’s Automated workstation #1 (p. Ошибка! Источник
ссылки не найден.) and Data Collecting Center;
For Communication Line 1: the following options of communication line arrangement between
Controller #1 (п. Ошибка! Источник ссылки не найден.) and Observer’s Automated
workstation #1 (p. Ошибка! Источник ссылки не найден.) are acceptable for the Employer:
Option 1:
Section IV. Bidding Forms
173
Arrangement of communication line of Controller #1 (p. Ошибка! Источник ссылки не
найден.) with Observer’s Automated workstation #1 (p. Ошибка! Источник ссылки не
найден.) using a pair of Modems #3.
Option 2:
Communication line arrangement via connecting cable laying in the ground and inside the station
facility from Controller #1 (p. Ошибка! Источник ссылки не найден.) to Observer’s
Automated workstation #1(p. Ошибка! Источник ссылки не найден.3). In this case
Communication set #1 should include:

Armored cable UTP Category 5 for laying in the ground;

Connector RJ-45 for twisted pair, category 5;

Coaxial HDPE/LDPE corrugated cable duct for laying in the ground;

Fasteners for mounting of the corrugated pipe;

PVC adhesive tape.
Nomenclature and quantity of the materials and accessories are determined by the bidder at his
own discretion taking into account the distances from the installation point of Controller # 1 to
Observer’s Automated workstation # 1 up to 200 (two hundred) meters (Section 6, Appendix 2).
For Communication Line 2: the following options of communication line arrangement between
Controller #1 (п. 4.2.11.2) and Data Collecting Center are acceptable for the Employer:

Modem #1 as main communication channel

Modem #1 as backup communication channel
For Communication Line 3: the following options of communication line arrangement between
Observer’s Automated workstation #1(p. Ошибка! Источник ссылки не найден.3) and Data
Collecting Center are acceptable for the Employer:

Modem #2
The Bidder shall offer as part of his tender application one of two above-mentioned options for
Communication line 1 for each work site (where p.Ошибка! Источник ссылки не найден.
is applicable). The initial data for the choice of one option is information provided in Section 6,
Appendix 2.
4.2.15.1.2. Communication set #2
Communication set #2 is designed for arrangement on AMC-3 WS M32 and M33 (DOD) of
communication lines:
Communication Line 1: Controller #1 (p. Ошибка! Источник ссылки не найден.2) and
Observer’s Automated workstation #1 (p. Ошибка! Источник ссылки не найден.3).
Communication Line 2: Controller #1 (p. Ошибка! Источник ссылки не найден.2) and/or
Observer’s Automated workstation #1(p. Ошибка! Источник ссылки не найден.3) and Data
Collecting Center (main channel) through radio communication to intermediate transitional
station located at WS M03 Karakol and M25 Toktogul for further transmission to DCC using
existing VPN channel;
Communication Line 3: Controller #1 (p. Ошибка! Источник ссылки не найден.2) and/or
Observer’s Automated workstation #1 (p. Ошибка! Источник ссылки не найден.3).and
Data Collecting Center (backup satellite channel);
For Communication Line 1: the following options of communication line arrangement between
Controller #1 (п. Ошибка! Источник ссылки не найден.) and Observer’s Automated
workstation #1 (p. Ошибка! Источник ссылки не найден.3) are acceptable for the
Employer:
Option 1:
Arrangement of communication line of Controller #1 (p. Ошибка! Источник ссылки не
найден.1) with Observer’s Automated workstation #1 (p. Ошибка! Источник ссылки не
найден.3) using a pair of Modems #3.
Option 2:
Communication line arrangement via connecting cable laying in the ground and inside the station
facility from Controller #1 (p. Ошибка! Источник ссылки не найден.) to Observer’s
Automated workstation #1(p. Ошибка! Источник ссылки не найден.3). In this case
Communication set #1 should include:

Armored cable UTP Category 5 for laying in the ground;

Connector RJ-45 for twisted pair, category 5;

Coaxial HDPE/LDPE corrugated cable duct for laying in the ground;

Fasteners for mounting of the corrugated pipe;

PVC adhesive tape.
Nomenclature and quantity of the materials and accessories are determined by the bidder at his
own discretion taking into account the distances from the installation point of Controller # 1 to
Observer’s Automated workstation # 1 up to 200 (two hundred) meters (Section 6, Appendix 2).
For Communication Line 2: the following options of communication line arrangement between
Controller #1 (п. 4.2.11.2) and/or Observer’s Automated workstation #1(p. Ошибка!
Источник ссылки не найден.3) and Data Collecting Center are acceptable for the Employer:
Option 1:

Using Modem #5
Option 2:

Alternative option of information transfer through radio channel, use of retranslators in
this option isn't acceptable for the Employer
For Communication Line 3: the following options of communication line arrangement between
Observer’s Automated workstation #1(p. Ошибка! Источник ссылки не найден.3) and Data
Collecting Center are acceptable for the Employer:

Using Modem #4
The Bidder shall offer as part of his tender application one of two above-mentioned options for
Communication line 1 for each work site (where p.Ошибка! Источник ссылки не найден.
Section IV. Bidding Forms
175
is applicable). The initial data for the choice of one option is information provided in Section 6,
Appendix 2.
For Communication line 2 the Bidder shall supply similar equipment for the intermediate
automatic transit station (MBP M03 Karakol and M25 Toktogul).
The Bidder shall ensure information transmit from Controller#1 and Observer’s automated
workstation to DCC.
4.2.15.2. GSM terminal #1
GSM Terminal #1 shall meet the following minimum requirements:

Type – external GSM terminal;

1 (one) RS-232 port;

1 (one) port for external antenna connection;

1 (one) port for external power supply connection;

supply voltage 8 – 16V;

operating frequency range EGSM 850/900/1800/1900/ МHz;

SMS support:
- point-to-point (MT and MO modes);
- broadcast mailing;
- SMS in Text and PDU formats;

supported data transmission technologies: GPRS, GSM.
GSM terminal shall be supplied with the following accessories:

external antenna;
- compatible with GSM terminal;
- slot for connection to the GSM terminal;
- SWR: up to 2.5;
- amplification: at least 5 dB;
- cable: at least 3 m;

external power supply: 8-16 V.
4.2.15.3. Modem #1
Modem #1 designed to connect Controller#1 and DCC and shall meet the following minimum
requirements:

Type: GSM/GPRS.

Interface: USB, RS-232;

Transfer speed: 9,600 bits/sec;

Power supply voltage: 8 – 16V;

Operating temperature: -50ºC ... +60ºC;

SMS service support in GSM network;

Cable length of the external GSM-antenna: at least 3 m;

External GSM-antenna amplification: at least 5.0 dB;

Compatible with Controller #1 (p. Ошибка! Источник ссылки не найден.);

Package: external antenna, cable set for connection to external equipment and a mounting
kit.
4.2.15.4. Modem #2
Modem #2 designed to connect observer’s automated workstation and DCC and shall meet the
following minimum requirements:

Type: USB modem;

Supported data transfer technologies: HSDPA, UMTS, EDGE, GPRS, GSM;

Compatible with the operating system installed in System unit #2 (p. Ошибка! Источник
ссылки не найден.);

Antenna:
- Type: external;
- Operating frequency range: 880 – 960/1710 – 2170 MHz;
- SWR: up to 2.5;
- Amplification: at least 8 dB;
- Operating temperature range: -10…+40°С;
- FME slot;
- Coaxial cable, at least 3 m.
4.2.15.5. Modem #3
Modem #3 designed to connect Controller#1 and observer’s automated workstation shall meet
the following minimum requirements:
 Type: external radio modem;
 Transmission power: +17dBm;
 Receiver sensitivity: -105 dBm;
 Interfaces: USB, RS-232;
 Power supply voltage: 8-16 V;
 Operating temperature: -50º C ... +60º C;
 Compatible with Controller #1 (p. Ошибка! Источник ссылки не найден.2);
Modem # 3 shall be supplied with the following accessories:

Antenna:
- Type: half-wave dipole antenna;
- antenna input resistance 50 Ω;
- Amplification 2,1 dBi.

Power supply:
- Input voltage: 8-16 V;
- Output voltage: 8-16 V.

Cable set with the necessary connectors for connection to System unit #2 (p.Ошибка!
Источник ссылки не найден.)

Cable set with the necessary connectors for connection to Controller #1 (p.Ошибка!
Источник ссылки не найден.
4.2.15.6. Modem #4
Modem #4 designed to connect Controller #1 (DOD) and/or Observer’s Automated Workstation
with DCC and shall meet the following minimum requirements:

Type – satellite modem;

Input/output resistance: 50 Ω;

Connector for external antenna connection: ММСХ (female);
Section IV. Bidding Forms
177

Maximum power consumption: 1 W;

Operating temperature: -50º C ... +60º C;
Modem # 4 shall be supplied with a remote antenna with the following characteristics:

Resistance: 50 Ω;

Connector for external antenna connection: ММСХ (female);

Connecting cable with the wave impedance of 50 Ω, length at least 5 meters;
4.2.15.7. Modem #5
Modem #5 designed to connect Controller #1 (DOD) and/or Observer’s Automated Workstation
with DCC shall meet the following minimum requirements:

Type: short-wave radio modem;

Transfer capability: 5512 bps without compression. 10500 bps using PMC compression
and regular text;

Compatibility: full reverse compatibility with PACTOR-1/-2/-3/-4. Auto-negotiation of
protocol when establishing the connection;

Line output: max. 9Vp-p, 300 Ω;

Line input: max. 5.5V p-p, 15 kΩ;

Interfaces: USB, Ethernet;

Screen: LED display;

Power supply: 8-16 V;

Compatible with Radio Station #1 (p. 4.2.15.8);
Modem # 5 shall be supplied with the following accessories:

Cable set with the necessary connectors for connection to System unit #2 (p. ), Radio
station #1 and Power supply #1 (p. Ошибка! Источник ссылки не найден.).
4.2.15.8. Radio station #1
Radio station #1 designed for signal transmission/receiving from DOD and shall meet the
following minimum requirements:

Type: Short-wave transmitter;

Frequency range:
- Transmission: 1.6 – 30 MHz;
- Reception: 0.5 – 30 MHz;

Modulation: USB, AM, CW, FSK, AFSK;

Channels: 150 (3 groups, 50 channels each);

Wave impedance of HF input/output: 50 Ω (rated);

Frequency stability:
- ±10 Hz (0.5 – 15 MHz);
- ±20 Hz (15 – 30 MHz);

Supply voltage: 8-16 V; Reverse polarity voltage protection;

Receiver sensitivity (at 12 dB SINAD):
- Frequency 0.5 – 1.6 MHz; 6.3 mkV;
- Frequency 1.6 – 1.8 MHz; 1 mkV;
- Frequency 1.8 – 30 MHz; 0.35 mkV;

Output power:
- 150 W (to 24 MHz);
- 60 W (from 24 MHz);

Environment parameters:
- Temperature: -40°С to +60°С

Protection class: IP41 for all units;
Radio station #1 shall be supplied with the following accessories:

Stationary broadband short-wave dipole antenna:
- Input resistance: 50 Ω;
- Power: 150 W;

Antenna tuner for automatic antenna interface with a transceiver complete with cables
and connectors for connection to the Radio station #1;

Microphone: electronic, capacitor type;

Mounting kit for antenna installation;

Programming kit (cable, software);

Cable with necessary connectors for the antenna tuner connection to the antenna;

Cable with the necessary connectors for connection of the Radio station #1 to Power
supply #1 (p. Ошибка! Источник ссылки не найден.).
4.2.15.9. Power supply #1:
Power supply #1 shall provide simultaneous operation of Modem #5 (p. Ошибка! Источник
ссылки не найден.) and Radio station #1 (p. 4.2.15.8).
Power supply #1 shall meet the following minimum requirements:

Input voltage: 180-240 V;

Output voltage: 8-16 V;

Possibility of the external battery connection and charging.
Power supply #1 shall be supplied with the following accessories:

Battery:
- Type: lead-acid, sealed;
- Rated voltage: 8-16 V;
- Capacity: 40 А/h;
- Gas recombination system;

Cable with the required connectors for the battery connection to the power supply;

Cable with a plug for connection of the power supply to the power supply network.
4.2.15.10.
Antenna cable lightning protection device #1
Lighting protection provides protection of elements of the protective container and a mast
against direct hits of lightning’s and is included in each delivery package. Lighting protection is
copper (or made of material with similar conductance) lightning rod and a conductor to
grounding. Lightning protection system (LPS) shall be isolated from the mast and protective
container
Antenna cable lightning protection device #1 shall meet the following minimum requirements:
Section IV. Bidding Forms







179
Cable isolated with a copper braiding or an equivalent with a section at least 6-10
mm2;
Cable yellow / green;
Cable length - as required by local conditions;
Fixings dielectric, isolated from other equipment;
Package a complete set contains the lightning rod, a cable, grounding rods and an
fasteners;
Compliance with standards - GOST R 50571.19-2000 or international equivalent;
An additional ground autonomous ground for the mast and protective containers,
including cables, connectors and grounding rods.
4.2.16. Mounting kits
4.2.16.1. Mounting kit #1
Mounting kit #1 shall include:

Materials and accessories required to prepare foundations for installation of Mast #1 (p.
4.2.14.8), Mast #2 (p.Ошибка! Источник ссылки не найден.), Mast #3 (p.Ошибка!
Источник ссылки не найден.) and Precipitation gauge #1 (p. 4.2.11.2). Nomenclature
and quantity of the materials and accessories are determined by the bidder at his own
discretion, taking into consideration:

Materials and accessories required to mount Site fencing #1(p. Ошибка! Источник
ссылки не найден.). Nomenclature and quantity of the materials and accessories are
determined by the bidder at his own.
4.2.16.2. Mounting kit #2
Mounting kit #2 shall include:

Materials and accessories required to prepare foundations for installation of Mast #2 (p.
Ошибка! Источник ссылки не найден.). Nomenclature and quantity of the materials and
accessories are determined by the bidder at his own discretion:

Materials and accessories required for Benchmark#1 (p. Ошибка! Источник ссылки не
найден.) installation on Hydrogeology post. Nomenclature and quantity of the materials and
accessories are determined by the bidder at his own discretion.

Materials and accessories required to prepare foundations for installation of inverted Larch for Water level gauge #2 (p. Ошибка! Источник ссылки не найден.) and Flow rate
meter #1 (п.Ошибка! Источник ссылки не найден.) on the water body bank;

Materials and accessories required for Site fencing #2 (p. Ошибка! Источник ссылки
не найден.) mounting. Nomenclature and quantity of the materials and accessories are
determined by the bidder at his own discretion.
4.2.16.3. Mounting kit #3
The Mounting kit #3 is used if the bidder select Option 2 from a Communication Set #1 to
connect AMS and the Observer's automated workplace (p 4.2.15.1.1), the bidder shall provide all
necessary materials and accessories for communication line arrangement.
4.2.16.4. Mounting kit #4
Mounting kit #4 shall include:

Materials and accessories required to prepare foundations for installation of Mast #4(p.
4.2.14.11). Nomenclature and quantity of the materials and accessories are determined by the
bidder at his own discretion.
4.2.16.5. Mounting kit #5
Mounting kit #5 shall include:

Accessories for installation of Water level gauge #2 (p. Ошибка! Источник ссылки не
найден.) and Flow rate meter #1 (p. Ошибка! Источник ссылки не найден.) on the bank
of water body. Accessories for installation of Water level gauge # 2 shall meet the following
minimum requirements:
- Structure type: Inverted L-arch with a base concreted in the foundation;
- Material: corrosion resistant metal.
- Structure dimensions: determined by the Bidder taking into account the region and
compliance with the mandatory conditions for placement of Water level gauge # 2 and
Flow rate meter # 1, as well as all communication lines and auxiliary equipment above the
highest recorded water level at least by 1 meter.

Mounting fasteners for Water level gauge #2 and Flow rate meter #1, allowing, if required,
demounting and reinstallation.

Cables for connection of Water level gauge #2 and Flow rate meter #1 to Controller #1 (p.
Ошибка! Источник ссылки не найден.);

Coaxial
HDPE/LDPE
corrugated
cable
duct;
Section IV. Bidding Forms
4.3.
181
SOFTWARE
The following functional requirements for the software are the minimum acceptable to
the customer.
All software shall be running steadily, the latest versions. Software designed to interact
with the staff of meteorological stations and DCC operators should have a Russian interface
(unless otherwise specified).
Software shall be delivered on CD/DVD media, compatible with the supplied Server #1,
System unit #1, #2 and Laptop #1, technical support shall be provided by the manufacturer for a
period of not less than 24 months.
It is allowed both delivery of the existing software (the existing software is understood as
the software, available at least 1 year (at the time of competitive bidding) on the market for free
purchase by unrestricted group of users) and software development as part of this Contract. If the
implementation of a functionality of a software in accordance with this point pf Technical
requirements need to use the software which delivery isn't provided by this Technical
requirements, such software is purchased and/or installed by the Supplier on its own without any
additional cost to the Customer in the amount necessary for the implementation of required DAC
functionality.
In case of delivery of the existing software, the Supplier with a software shall submit the
document confirming that use of a software by the Customer doesn't violate intellectual property
rights of the third parties. Thus, if the software extends on the terms of the open source (Open
Ware), the Supplier shall pass to Kyrgyzhydromet a commented data schema and source codes
of software modules (machine-readable medium). Also the Supplier shall provide copies of the
documents confirming the right of the Supplier to distribute the existing software with the list of
valid licenses.
In case of software development, within implementation of the present Contract the
following provisions related to protection of intellectual property rights will be applied:
Intellectual property rights on all software developed within implementation of the
present Contract as of day of the conclusion of this Contract or as of day of origin of such rights
(if it comes after day of the conclusion of the Contract) belong to the Agency on
Hydrometeorology under Ministry of emergency situations of the Kyrgyz Republic. The supplier
accepts and makes out or provides acceptance and design of all acts, documents and measures
which Kyrgyzhydromet reads necessary or desirable for final fixing of the right, a title and share
of participation of Kyrgyzhydromet in these rights and for these rights. Concerning software
developed as part of this Contract, Supplier shall ensure that the owner of the moral right to any
such product did not show his right, and in the case of receipt of the claim by Kyrgyzhydromet
and, if permitted by applicable law, the Supplier shall take measures to ensure to the owner of
the moral right to refuse it.
The supplier shall transfer to Kyrgyzhydromet upon signing the act of acceptance tests
the intellectual property right on developed within implementation of the present Contract
software together with the list of objects of exclusive rights providing the right of full or partial
transmission by Kyrgyzhydromet of intellectual property rights on developed within
implementation of the present Contract software to the third parties without payment of extra fee
to the Supplier on all period of validity of copyright in respect to of all countries of the world.
The supplier has the right to use software developed within implementation of the present
Contract only for own needs. Use by the Supplier of the specified software in contracts or
agreements with the third parties, and also transmission to the third parties is allowed only with
the written permission of Kyrgyzhydromet and on the conditions determined by
Kyrgyzhydromet.
Together with intellectual property rights the Supplier transfers to a commented data
schema and source codes of software modules (machine-readable medium).
4.3.1 Software #1 (server part of Software)
Software #1, at least must meet the following requirements:
 Client-server architecture;
 Replase HSC UniMAS 7.3;
 OpenID authentication systems;
 Compatibility with the Operating system preinstalled at the System unit #1 (p. 4.2.3.2) —
client component;
 An industrial Database Management System shall be used for data storage.
 A modular system that enables connection of additional modules for data reception,
transmission and processing.
4.3.1.1. Functions of observations data reception and transfer
 Data collection from observation stations and transfer to the ADTS using existing
technologies, protocols and communication channels:
 on the basis of IP transport protocol:
 SMTP / POP3 (incoming and outgoing connections) messages exchange
protocol (including for meteorological messages);
 SocketSpecial protocol for meteorological messages exchange — Specialized
protocol used in the ADTS ( incoming and outgoing connections);
 FTP-WMO meteorological messages exchange protocol (incoming and
outgoing connections);
 FTP file exchange protocol (incoming and outgoing connections);
 on the basis of cellular communication:
 Short Message Service (SMS) protocol.
 exchange protocols on the basis of short-wave communication;
 exchange protocols on the basis of satellite communication system;
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Data collection from observation stations and adoption in the following formats:
 messages:
 WMO format meteorological messages ;
 GMS format meteorological messages;
 FM-94 BUFR format messages;
 e-mail messages;
 XML format messages;
 files.
Meteorological messages transfer to ADTS in the following formats:
 messages;
 WMO format meteorological messages;
 GMS format meteorological messages ;
 FM-94 BUFR format messages.
Using at least 4 priority levels for messages/files transfer;
The number of simultaneous connections of observation stations is limited only by the
technical characteristics of the Server (processor speed, memory size, etc.);
Message/file queuing for each of the outbound channel to ensure content preservation on
closing of the Software or rebooting of the Hardware and Software Complex;
Section IV. Bidding Forms
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Message/file distribution to observation stations via the following protocols:
 SMTP/POP3 e-mail exchange protocol;
 radio protocol;
 satellite communication protocol;
Messaging mode provides automatic selection of an available message delivery protocol
based on configurable policies.
Access to the messages/files intended for transfer to an observation station via the
following protocols:
 SMTP/POP3 e-mail exchange protocol (login/password authorization);
Interface with other systems:
 access to the observations data using web services;
 integration with the nodes of the Automated data transfer system (ADTS).
4.3.1.2 Data storage functions
4.3.1.2.1. Message/file storage functions
 Message/file reception and transmission logs:
 all messages/files passing through the system are recorded in messages reception
and transmission logs
 message reception and transmission logs provide storage of the logs information,
message texts and files for the period of at least 1 year;
 the log record for each received message / file contains the following parameters:
 name of the observation station from which the message/file was received;
 time of reception;
 size;
 message format (for messages);
 body of the message/file;
 quick information search in reception-transmission logs with indication of a
mask/regular expression for abbreviated title/file name/message or file attributes
shall be provided.
4.3.1.2.2. Functions of interaction with other systems of hydrometeorological data
acquisition
 Interaction with MITRA system
 Interaction with EUMETSAT system
 Interaction with the GST network.
 Automatic routing and the dynamic organization of communication links to AMS, AMC
and AHC for remote control
4.3.1.1.1. Functions of quality control of incoming observation data
 Monitoring of data reception
 Timeliness of data reception
 Quality of the received observation data
 Level 1: A completeness of the received observation data
 Level 2: Analysis of a row of the received data
 Level 3: Spatial-temporal monitoring of the received data
 Monitoring over a status of information reception-transmission of channels
 Monitoring of technical condition of AMS
4.3.1.2.4. Functions of operation with storm information
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reception of storm information from the observation posts with manual observation;
generation of storm information from AMS;
reception of storm information from AMS;
reception of storm information from the GCS network;
transmission of storm information to lists of subscribers.
4.3.1.2.5. Functions for observation data storage
 observation data storage in the form of a set of parameters with specifying of information
source (message/file);
 storage of the decoded and passed quality check data in industrial DBMS;
 possibility of quick search of information by time span and station;
 observation data access from external systems via a web service.
4.3.1.3. Functions of event logs
 Organization of logs of a reception-transmission of messages;
 Organization of log of monitoring of data reception;
 Organization of log of a timeliness of the received data;
 Organization of log of quality control of the received data;
 Organization of log of monitoring of a status of information reception-transmission;
 Organization of log of errors from AMS;
 Organization of log of DCC operation errors.
4.3.1.4. Data collection centree
 Combination of observation data received from automatic stations and observer’s
automated workstations into united sintelegram;
 Assimilation of meteorological observation data in XML, FM-94 BUFR formats, and
KN-01,02,13,14,15,24 codes;
 Automatic message forming in KN-01 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-02 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-13 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-14 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-15 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-19 codes from the observation data with a
configurable schedule;
 Automatic message forming in KN-24 codes from the observation data with a
configurable schedule;
 Automatic message forming in FM-71X (CLIMAT.Section 1) codes from the observation
data with a configurable schedule;
 Automatic message forming in FM-94 BUFR form codes from the observation data with
a configurable schedule;
 Calculation of mean values of observation data for a day, decade, month, quarter, and
year;
 The data passed quality control shall be entered in the DBMS;
 assimilation of the data received from the MITRA system
4.3.1.5. Station Passports
Section IV. Bidding Forms
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185
The structure of meteodata should be taken from the "WMO Integrated Global Observing
System» (WIGOS Basic and Communication Documents);
Data required for the formation of FM-94 BUFR.
4.3.1.6. Message preparation functions
Allows semiautomatic (template-based) preparation of administrative, operational and email messages;
Allows entering the prepared messages into ADTS.
4.3.2. Software #2 (Client part of Software#1, User interfaces)
Software #2 Client part designed to represent server functionality of the Software #1.
The software #2 shall provide a function of configuration settings and control of controller
transmission modes through sending of control messages or in the mode of direct access.
The software #2, at least shall meet the following requirements:
4.3.1.2. Administrator Interface
 Designed for DCC administration.
4.3.2.2. Quality Control Interface
 It is intended for correction of errors, making decision on a correctness of the obtained
invalid observation data and further recording them in a DB.
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4.3.2.3. Engineer/Operator Interface
Quality control of the information received;
Visual control of the connection/information exchange with the AMS and AHC;
Monitoring a status of the information reception-transmission channels, including display
of quantity of received, transmitted and queued on messages on each of channels;
Monitoring the timeliness of observation data receipt from the station;
Entering observation data from any station;
Warning of repeated input (information duplicating);
Text messages exchange;
Informing on storm warnings;
Set custom text/audio alerts for operator on abnormal situation.
4.3.2.4. Web interface
 Intended for specialists who will use, by types of observations, storm warnings,
notifications as at the user, and separate storm cards.
4.3.3. Software #3.
Software #3 designed for Observer’s Automated workstation.
Software #3 intended for organization of observer’s Automated workstation, visualization in
prescribed format of observation data from AMS, as well as instrumental and visual observations
made by staff. Synoptical telegram formation on the basis of instrumental and visual
observations entered manually, as well as support of the transfer of prepared information to
communication tools in accordance with specified schedule and observation results storage.
Software #3 should at least meet the following requirements:
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4.3.3.1. Observer’s Automated Workstation Interface (observer’s AWS)
data entry of the instrumental and visual observations executed by staff of AMC
including the interface of protection against input of incorrect data (automatic critical
control of values of meteorological characteristics);
formation of the message with the data of instrumental and visual observations executed
by staff, possibility of its proof and transmission to acquisition center, the mechanism of
confirmation that the message is delivered to the data acquisition center is also should be
provided;
storing the data of instrumental and visual observations made by staff for subsequent
changes or additions (if the data network is absent);
the interface for administrative and personal correspondence conduction shall be
provided as well as the mechanism of confirmations of delivery of administrative
telegrams and their storage during 1 year;
visualization of warning about storm event fixing by AMS;
browsing the archive of posts and transmission reports;
built-in information security functions should ensure encryption of information
transmitted in data collection center;
protection key (digital signature) must uniquely identify the source of the data and
eliminate any possibility of receiving information in DCC from unknown sources;
monitoring the status of the communication channel with the DCC;
observer interface can be set individually for each AMC;
built-in scripting language should allow to generate the data input interface depending on
the type and class of station / post, volume of observations implemented;
storage of results of instrumental and visual observations made by staff and AMS
measurement data in the format KM-1 for 5 years;
the possibility to print the results of observations made at time in the form of KM 1,
transmitted/received messages etc;
Getting information from the DCC on the area of responsibility.
Section IV. Bidding Forms
4.4.
187
SERVICES
4.4.1. General Provisions
1) All below listed Services should be provided by the Contractor’s personnel, his official
subcontractors.
2) If provision of the Services requires any technological tool and / or consumables, such
tool and / or materials should be provided by the Contractor at no expenses from the
Customer.
3) The provision of services should comply with the requirements stipulated by National
Standards, Technical Conditions (TC) and Technical documentation of manufacturers of
the relevant equipment.
4) The provision of services should meet the requirements for safe operation, including
electrical and fire safety provided by the State Standards, Technical Conditions and
Technical documentation of manufacturers of the relevant equipment.
5) The services shall be rendered by the Contractor provided that the Employer fulfills his
obligations specified in p. 4.5.
4.4.2.
Scope of Work
Tender application shall comprise all amount of work on site preparation, mounting,
installations, preparation of documentation and carrying out tests, and also the organization of
delivery, warranty maintenance and technical support of the Goods supplied.
The scope of work includes:
1) Preparatory work (all work sites)
 inspection of the objects offered to upgrade;
 the short description of the actions related to certification of measurement tools
and their registering;
 site preparation;
 preparation of documentation;
 delivery of the equipment and materials;
2) Installation
 performing of installations of equipment;
 performing of commissioning works and operational testing;
 autonomous and complex testing;
3) Users training
4) Warranty maintenance and technical support
5) The scope of work listed in the following paragraphs.
4.4.3. Preparatory Works
Site preparation #1 shall be performed at work sites M01– M33 and H01, H02.
4.4.3.1. Site preparation #1
Site preparation #1 is performed at work sites M02, M06, M08, H01 and H02 and shall at
least include:
 Construction of foundation for installation of Mast #1 (p. 4.2.14.9);
 Construction of foundation for installation of Mast #3 (p. 4.2.14.11);
 Construction of foundation for installation of Precipitation gauge #1 (p. 4.2.11.3);
 Mounting of the accessories for installation of Precipitation gauge #1;
 Trench excavation for laying the cables to connect Precipitation gauge #1 with Controller
#1;
 Installation of the Site fencing #1 (p. 4.2.14.12);
 Mounting of Mast #1 (p. 4.2.14.9) and Mast #3 (p. 4.2.14.11) on foundation;
 Installation of Lightning Protection (p. Ошибка! Источник ссылки не найден.10).
For Site preparation #1, use the components from the Mounting kit #1 (p. 4.2.17.1).
4.4.3.2. Site preparation #2
Site preparation #2 is performed at work sites М01, М09, М05, М13, М17, М21, М22,
М24, М26, М31, М04, М07, М10, М11, М12, М14, М15, М16, М18, М19, М20, М23, М27,
М29, М30 and shall at least include:
 Construction of foundation for installation of Mast #1 (p. 4.2.14.9);
 Construction of foundation for installation of Precipitation gauge #1 (p. 4.2.11.3);
 Mounting of the accessories for installation of Precipitation gauge #1;
 Trench excavation for laying the cables to connect Precipitation gauge #1 with Controller
#1;
 Trench excavation for laying the cables from Controller #1 to observer’s automated
workstation if Contractor selects Option 2 from a Communication set #1(п. Ошибка!
Источник ссылки не найден.) for a communication line between AMS and the
observer's automated workstation. Also Mounting kit #3 (п.Ошибка! Источник
ссылки не найден.) should be used;
 Installation of the Site fencing #1 (p. 4.2.14.12);
 Mounting of Mast #1 (p. 4.2.14.9) on foundation;
 Installation of Lightning Protection (p. Ошибка! Источник ссылки не найден.10).
For Site preparation #2, components from the Mounting kit #1 (p. 4.2.17.1) and Mounting kit #3
(p.Ошибка! Источник ссылки не найден.) should be used should be used.
4.4.3.3. Site preparation #3
Site preparation #3 is performed at work sites М03, М25, М32 and М33 and shall at
least include:
 Construction of foundation for installation of Mast #1 (p. 4.2.14.9);
 Construction of foundation for installation of Mast #4 (p. 4.2.14.11);
 Construction of foundation for installation of Precipitation gauge #1 (p. 4.2.11.3);
 Mounting of the accessories for installation of Precipitation gauge #1;
 Trench excavation for laying the cables to connect Precipitation gauge #1 with Controller
#1;
 Trench excavation for laying the cables from Controller #1 to observer’s automated
workstation if Contractor selects Option 2 from a Communication set #1(п. Ошибка!
Источник ссылки не найден.) for a communication line between AMS and the
observer's automated workstation. Also Mounting kit #3 (п.Ошибка! Источник
ссылки не найден.) should be used;
 Installation of the Site fencing #1 (p. 4.2.14.12);
 Mounting of Mast #1 (p. 4.2.14.9) and Mast #4 (p. 4.2.14.11) on foundation;
 Installation of Lightning Protection (p. Ошибка! Источник ссылки не найден.10).
For Site preparation #3, components from the Mounting kit #1 (p. 4.2.17.1) and Mounting kit #3
(p.Ошибка! Источник ссылки не найден.) should be used.
4.4.3.4. Site preparation #4
Site preparation #4 is performed at work sites H01 and H02 and shall at least include:
 Construction of foundation for installation of Mast #2 (p. 4.2.14.10);
 Trench excavation for laying the cables from Controller #1 to the sensor placed in water
Section IV. Bidding Forms
189
 Installation of the Site fencing #2 (p. 4.2.14.13);
 Mounting of Mast #2 (p. 4.2.14.9) on foundation;
 Mounting inverted L-arch on foundation;
 Mounting Benchmark #1;
 Installation of Lightning Protection.
For Site preparation #4, components from the Mounting kit #1 (p. 4.2.17.1) and Mounting kit #2
(п.Ошибка! Источник ссылки не найден.2) should be used.
For Site preparation #1, #2, #3 and #4 the following regulatory document requirements shall be
observed:

Electrical Code, Edition 7, or an equivalent international standard;

SNiP 2.02.01-83*. Foundations of buildings and structures, or an equivalent international
standard;

SNiP 12-03-2001. Work safety in construction, or an equivalent international standard.
4.4.3.5. Documentation Preparation
Working documentation shall be prepared based on typical equipment layout
AMS/AMC/AHC and DCC, provided by the Contractor as a part of tender application, with
consideration of the specifications developed at stages of study of each upgraded object of the
observation network (M01-M33, H01-H02) and DCC and shall comprise documentation set,
describing composition of the equipment, operational and user documentation. Working
documentation shall be prepared in Russian. Set of working documentation shall include:
 Two (2) copies on paper;
 Two (2) copies on electronic media (CD / DVD):
 Text in MS Word format;
 Drawings in the MS Visio format.
4.4.3.5.1.
Working documentation #1
Working documentation #1 shall be prepared taking into account the upgraded
observation network object to be modernized (M01-M33, H01-H02) and DCC and shall include
the typical layout project forAMS/AMK/AGK, provided as a part of a Contractorr’s tender
application as well as a set of documentation describing composition of the equipment, the
operational and user documentation.
To prepare for execution of mounting works on installation of AMS/AMC/AHC, the
Contractor shall develop revised specifications of typical layout projects
The Contractor shall prepare Working documentation #1, which reflects the results of
Installations. Working documentation #1 should at least include the following components:
 Explanatory note;
 Specification of equipment and materials;
 Structural diagram of the technical tools;
 Wiring and connection diagram;
 System Administrator's Guide;
 User Manual for Automated Workstation of DCC operator #1, which includes
Description of the Technical Tools and User Manual for DCC Operator;
 User’s Manual for Software #3 (p. 4.3.3) installed at the System unit #2 (p. 4.2.2.3).
 Description of software and its adaptation to the conditions at the observation network
facilities;
 Description of technical solution for sensors installation;
 Instructions for installation and start-up;
 Table of connections;
 Cable connections diagram.
Documentation set should be a single set of documents. Documentation content shall be agreed
with Kyzrgyzhydromet.
The operational documentation shall at least include the following documents:

Register of the operational documentation;

Operational instructions of measuring instruments, engineering, communication and power
supply equipment;

Forms for equipment orders.
The operational documentation is to be developed for the observation network and agreed with
Kyrgyzhydromet.
User documentation shall at least include:

Register of the user documentation;

Procedure and manual for verification / calibration of measuring instruments (including
procedures for field conditions);

Operation manual for automatic station and individual automated measuring instruments;

Instruction for installation and start-up, as well as for setting up of measuring instruments
and communication equipment.
The user documentation is to be developed for the observation network and agreed with
Kyrgyzhydromet.
4.4.3.6. Delivery of Equipment and Materials
The Contractor must ensure the delivery of the goods intended for WS B01 and B001 in
(Central Office of Kyrgyzhydromet, warehouse). Goods intended for WS M01-M33 and H01 H02 shall be delivered on the supplier's warehouse. According to the “List and Schedule of
Services and Goods Delivery "(p. 7.1) Contractor shall deliver goods from its warehouse at each
work site specified in (2.1.3).
The Contractor shall ensure the delivery of the goods for each work site according to the
configuration specified in (n. 4.2.11.1).
In case of equipment supply to the place of delivery (Headquarters Kyrgyzhydromet, warehouse)
and the Contractor's warehouse the verification of completeness, appearance, lack of mechanical
damage and package integrity shall be provided.
Delivery of Goods shall be accomplished by shipping documentation and Act of
verification of the integrity of package, the name, model and quantity of the delivered Goods,
signed by the Supplier and the Receiver.
Additional requirements for the equipment supply
1. If within 3 months after signing the Contract, upon the Kyrgyzhydromet request or
by agreement with Kyrgyzhydromet, based on the checking of the sites of work, the Contractor
can replace the sets communication equipment and meteorological / hydrological sensors on
different sets of communication equipment and meteorological / hydrological sensors,
specified in the inventory table, described in the bid by making changes to the main Contract.
2. If after 3 months after the Contract is signed, the Customer does not inform the
Contractor about the expected changes in the supply of components of communication
equipment and meteorological / hydrological sensors, the Contractor shall deliver the supply
in accordance with the Contract signed.
Section IV. Bidding Forms
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4.4.4. Installation
Installation is assembly of all DCC, AMS, AMC and AHC components, and also software
setup and configuration, adjustment of all DCC, AMS, AMK and AGK components, setup of an
communication equipment, execution of test measurements and data transfer in DCC and
commissioning.
4.4.4.1. Installation #1
The objectives of Installation #1 is intended for DCC and its objectives are::

Creation of Data Acquisition Core.

Connection of the Data Acquisition Core to the worksite В01.
Installation #1 is carried out in the server room of Kyrgyzhydromet.
Installation #1 should include:

Installation of Telecommunications closet #1 (p. Ошибка! Источник ссылки не
найден.);
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Installation of the following hardware in Telecommunications closet #1:
- 2 (two) Servers #1 (p. Ошибка! Источник ссылки не найден.);
- One (1) Storage System # 1;
- 1 (one) Switch #1 (p. Ошибка! Источник ссылки не найден.);
- 1 (one) Firewall #1 (p. Ошибка! Источник ссылки не найден.);
- 1 (one) GSM terminal #1 (p. 4.2.15.2);
- 1 (one) Uninterruptible power supply #1 (p. Ошибка! Источник ссылки не найден.);

Installation and connection to the mains fuse automatic switchboard;

Laying of electric three-core copper cable up to 4 mm2 switchboard connecting to an
automatic safety;

Installation of electrical sockets for connecting Uninterruptible Power Supply # 1.;

Making of all connections;
- Connecting 2 (two) Servers #1, One (1) Storage System # 1, 1 (one) Switch #1, 1 (one)
Firewall #1 to Uninterruptible power supply #1.
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Connecting 2 (two) Servers #1, One (1) Storage System # 1;
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Connecting GSM terminal #1 to Server #1.
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Installation of Software #1 (server component) on Servers #1 (1-2);
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Set up of hydrometeorological data transmission to a data transmission node. The
following options for set up of hydrometeorological data transmission to a data transmission
node are acceptable for the Employer:
- Using software and hardware package UniMAS 7.3 (www.itc.mecom.ru) installed in
Kyrgyzhydromet;
- Using MITRA R5 content distribution system (www.rmctrust.ru) installed in
Kyrgyzhydromet.
The objective of Installation #1 is creation of Automated Workstation of Data Collecting
Center (DCC) Operator #1.
1 (one) DCC Operator Automated Workstation #1 includes the following components:
 1 (one) System unit #1;
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1 (one) Monitor #1;
1 (one) Uninterruptible power supply #2;
Creation of DCC Operator Automated Workstation #1 (1-2) shall include:
Installation of Uninterruptible power supply #2;
Connecting Monitor #1 to System unit #1;
Connecting System unit #1 and Monitor #1 to Uninterruptible power supply #2;
Installation of Software #1 (client component) to System unit #1;
Installation of 1 (one) DCC Operator Automated Workstation #1 in the location agreed
with the Employer and connection to the worksite B01 LAN.
 Connection of Printer #1 (p. 4.2.10.1) or (option) Printer #2 (p. 4.2.10.2) to System Unit
#1 (1).
4.4.4.2. Installation #2
Installation #2 is intended to WS М02, М06, М08, Н01 и Н02 and shall at least include:
AMS Assembly with must installation:
 Installation of Mast #1 and Mast #2 for WS M02;
 Installation of protection container with controller;
 Installation of protection container for batteries;
 Installation of sensors according to list of equipment specified in p.Ошибка!
Источник ссылки не найден. and connection to the controller;
 Installation of power supply and communication equipment, including connection
cables mounting;
 Set up of Controller embedded software (input of basic characteristics, such as the
station index, coordinates, altitude);
 Communication equipment setup;
 Startup of the Automatic Weather Station (AWS) equipment;
4.4.4.3. Installation #3
Installation #3 is intended to WS М01, М09, М29, М05, М13, М17, М21, М22, М24,
М26, М31, М04, М07, М10, М11, М12, М14, М15, М16, М18, М19, М20, М23, М27, М30
and shall at least include:
AMS Assembly with must installation:

Installation of Mast #1;
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Installation of protection container with controller;

Installation of protection container for batteries;

Installation of sensors according to list of equipment specified in p.Ошибка! Источник
ссылки не найден. and connection to the controller;
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Installation of power supply and communication equipment, including connection cables
mounting;

Installation of observer’s automated workstation equipment and software, as well as power
supply in the observer’s room or in adjusted technological premises (power supply equipment
installation, indoor wires layout, connection with controller and power supply on observation
site (optionally)).

Installation of communication equipment in observer’s room. Laying of cables for
connection of antennas with communicating devices.
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Supplied software installation and setup:

Set up of Controller embedded software (input of basic characteristics, such as the station
index, coordinates, altitude);
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Communication equipment setup;
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Adjustment of basic characteristics of operating system installed on observers PC.
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Installation and setup of application software;
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Startup of the Automatic Weather Station (AWS) equipment;
4.4.4.4. Installation #4
Installation #4 is intended to WS М03, М25, М32 and М33 and shall at least include:
AMS Assembly with must installation:
 Installation of Mast #1 and Mast #4;
 Installation of protection container with controller;
 Installation of protection container for batteries;
 Installation of sensors according to list of equipment specified in p.Ошибка!
Источник ссылки не найден. and connection to the controller;
 Installation of power supply and communication equipment, including connection
cables mounting;
 Installation of observer’s automated workstation equipment and software, as well as
power supply in the observer’s room or in adjusted technological premises (power
supply equipment installation, indoor wires layout, connection with controller and
power supply on observation site (optionally)).
 Installation of communication equipment in observer’s room. Laying of cables for
connection of antennas with communicating devices.
Supplied software installation and setup
 Set up of Controller embedded software (input of basic characteristics, such as the
station index, coordinates, altitude);
 Communication equipment setup;
 Adjustment of basic characteristics of operating system installed on observers PC.
 Installation and setup of application software;
 Startup of the Automatic Weather Station (AWS) equipment.
4.4.4.5. Installation #5
Installation #5 is intended to WS М08, Н01 и Н02 and shall at least include:
AMS Assembly with must installation and inverted L-arch:

Installation of Mast #1 and inverted L-arch;

Installation of protection container with controller;

Installation of protection container for batteries;

Installation of sensors according to list of equipment specified in p.Ошибка! Источник
ссылки не найден. and connection to the controller;

Installation of power supply and communication equipment, including connection cables
mounting;

Installation of wired lines protection;

Laying via wired lines protection of connection cables for water level sensor and flow rate
sensor;

Installation of water level sensors;

Installation of flow rate meter;

Set up of Controller embedded software;

Communication equipment setup;

Startup of the Automatic Weather Station (AWS) equipment;

Calibration of flow rate sensor.
For Installation #5 the following conditions shall be met:

height of the protection container base should be higher than 1% water security;

height of the water level sensors of hydrostatic and bubble type should be 5 cm below the
lower limit of the minimum ice at freeze-up;

height of the radar level and speed sensor of the radar should be above the water level of
1% exceeding probability for at least 0.5 m;

layout of the Protective container (mast) shall be selected so that the distance to water level
sensors of hydrostatic or bubble type didn't exceed 100 m;

wired lines protection shall have diameter and bend radiuses sufficient for unobstructed
cable passage through the a pipe of the water level sensor from the installation location in the
stream to the Protective container or mast. It is necessary for possibility of hydrostatic water
level sensor replacement during scheduled verifications.
4.4.5.
Acceptance Tests
The Contractor shall be responsible for design of the integrated system, installation, startup and commissioning.
Tests shall be carried out to verify the compliance of the installed equipment and
upgraded system on the whole with the Technical Requirements/Specifications and operational
documentation. The tests shall be carried out as checking of the performance and functions and
parameters of AMS, AMC and AHC, computing facilities and communication equipment of the
DCC, devices and equipment, described in the Technical specifications, to detect the defects in
the equipment and documentation. During the tests, the Contractor should demonstrate
continuous operation of the AMS, AMC and, AHC, computing facilities and DCC
communication equipment or individual equipment in accordance with these Specifications. The
systems and equipment, submitted for testing or acceptance, should be fully staffed in
accordance with the operational documentation.
The system start-up may be considered as practically completed, when 100 % of the
hydrometeorological data are correctly transmitted from both upgraded and non upgraded
observation network facilities and received by the Data Collecting Center, as well as reports
from the Data Collecting Center at each observation facility.
Delivery of equipment and materials to the place of installation is also the responsibility of the
Contractor.
The Contractor should submit to the Employer the permits and licenses for all equipment,
tools, application software supplied under the contract.
The Contractor shall develop the program and methodics for acceptance tests, which should be
agreed upon with the Customer 2 weeks prior to the first off-line acceptance tests (“List and
Schedule of auxiliary services and works”, demonstration stage).
The test methodics program should also include:
 List of facilities to be tested and list of requirements, the facilities should comply with;
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Criteria for acceptance of the system and its parts;
Terms and timelines for the tests performance;
Means/facilities for the tests performance;
Names of the people in charge of the tests performance;
Methodics of testing and their results processing;
List of the documents to log.
In the due course of testing, testing and functional checking of each component, as well as
of the whole should be conducted. Acceptance tests shall include Factory acceptance testing,
supply check, off-line on-site testing, integrated testing and commissioning.
The Contractor is responsible for sufficient testing of equipment prior to its delivery and
installation. During the integrated tests, the Contractor should demonstrate full functionality and
operation of all system components according to the specifications. Before the completion of the
integrated tests, all the expenses due to improper equipment operation, such as repair costs,
additional visits to the objects, the cost of delivery, etc. should be carried out by the Contractor.
All expenses associated with tests and inspections, which may arise during execution of
contractual obligations, shall be paid by the Contractor and be included in the contract cost
except for the Customer’s expenses on his own participation in the acceptance activities.
Upon completion of integrated tests the Certificate shall be signed as the basis for payment
settlement.
4.4.5.1.1.
Factory Acceptance Tests — before shipping of the system components to the
observation network facilities, the Contractor should conduct the Factory Acceptance Test
(FAT). FAT should be undertaken by the Contractor and demonstrate operation of the system
components in total. Factory Acceptance Test should be carried out without participation of the
Customer’s representatives. The Contractor should submit a FAT report describing the test
scheme, the certain results for each AMS, AMC and AHC, as well as any identified defects. All
defects identified during the FAT of AMS, AMC and AHC should be corrected at the
Contractor’s own cost, and should be approved by the Customer. The corrected components
should be re-tested.
4.4.5.1.2.
Supply check — supply check should be carried out on the territory of the
Customer’ s country.
The Contractor should ensure the delivery of the Goods to the Customer to the NHMS
Central Office warehouse at # 71A Luschihina Street, Bishkek, Kyrgyz Republic, and the
Contractor’s warehouse in Bishkek, within the time, specified in p.7 "List and schedule of goods
and services delivery " After the customs procedures to ensure that supply completeness. The
Contractor should organize the supply check.
Following checking of supply, processing and shipping documentation and placing of the
Goods at the NHMS warehouse and the one of the Customer, the Customer shall provide the
transportation of the Goods from his warehouse to the WS, listed in "Locations of Work Sites".
At the supply of the equipment and its transfer to the Customer on site (of delivery), the
following procedures should be carried out:
- checking of the number of the places for compliance with shipping documents. Subject to
the results of this checking, in the case of non-compliance of the number of places, the
Customer or his representative shall draw up a Statement of non-compliance of the
invoices. In the absence of violations, the shipping documentation (invoices) should be
signed by the Customer;
- checking of the quantity and completeness of the supplied Goods for compliance with the
Contract terms. Subject to the checking results, the Customer should sign the Certificate
of conformity (discrepancy) of the number and completeness of the supplied Goods
under the Contract.
4.4.5.1.3.
Off-line (autonomous) tests — The Contractor should conduct the preparatory
work on the facilities and install there all the equipment and instruments. After the Contractor’s
announcement of the completion of the installation, off-line tests will be carried out for each
facility in the presence of the Employer’s representatives. The Contractor shall prepare and
submit to the Employer a program of off-line tests to be followed during the testing. The
networks/facilities, submitted for off-line tests, should be fully staffed.
Off-line tests should include the following tests as minimum:
For АМS, АМC and АHК:
 checking of the mechanical node points and fasteners of AMS, AMC and AHC
 checking of the electrical connections and characteristics of power supply equipment
of AMS, AMC and AHC;
 checking the automatic measurements of meteorological and hydrological data;
 checking the functioning and performance of the communications of AMS, AMC and
AHC (data transmission speed/rate, adjusting the output levels, test IP-connections,
etc.).
 checking the procedure of contact technical condition diagnostics of AMS, AMC and
AHC, programming / reprogramming the controller, adjusting the sensor readings,
real-time clock settings, rules of data measuring and transmission;
 checking the procedure of reading of the performed measurements;
 checking the performance of the readings compared to the manual changes;
 checking the performance of the observer’s workstation AWS, including the formation
of KM-1 books;
 checking the procedure of formation of operational and emergency reports/messages
(the set criteria alert function);
 checking the performance of the AMS, AMC and AHC Controller of automatic
actions upon obtaining, recording and transmission of measurement data when
working through a programmable port;
 checking the procedure for formation and transmitting the notification failure of
sensors and avalanche changes of the measured parameters;
 checking the procedure of formation and transmission the notification of unauthorized
opening of the door of the container body;
 simulation of emergencies at AMS, AMC and AHC (power failure, failure of
communications in transmission of information, failure of the controller, etc.).
The first off-line tests of AMS, AMC and AHC are demonstrational. During these tests, the
Customer should ensure that the proposed location, configuration and functional characteristics
of the equipment comply with the technical requirements and the agreed documentation. All
necessary corrections and changes, specified by the Customer, should be considered by the
Contractor in subsequent installations and the final version of the documentation.
For DCC: (shall be conducted after all DCC components are installed, and off-line tests
are carried out at 7 meteorological stations and 1 hydrological post/facility). The purpose of the
test shall be to test and demonstrate the DCC performance of the functions, specified in these
requirements for collection and processing of data at the initial stage of implementation of the
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upgraded system. All necessary corrections and changes, specified by the Customer, shall be
considered by the Customer in subsequent installations and final version of the documentation:
 checking of the mechanical node points and fasteners of AMS, AMC and AHC
 checking of the electrical connections and characteristics of power supply equipment
of AMS, AMC and AHC;
 checking the functioning and performance of the communications of DCC (data
transmission speed/rate, adjusting the output levels, test IP-connections, etc.).
 checking the receiving of routine and emergency messages from of AMS, AMC,
observer’s Automated workstation and AHC in DCC;
 checking the transfer of data received from WS M32 It-Agar and M33 Chon-Ashuu
through WS M03 Karakol and WS M25 Toktogul in DCC;
 checking of the compilation of observational data received from AWS and observer’s
automated workstations into one telegram;
 checking the completeness of the distribution of received information by the local
network to the expert’s AWS, including through the GIS server;
 checking the preparation and dissemination of operational data in accordance with
specified regulations
 checking for the procedure of monitoring of the operational data receiving and the
status of communication with AMS, AMC and AHC, as well as alerting the DCC
operator about absence of communication or emergency situations on any AMS,
AMC, AHC and DCC network;
 checking the completeness and quality of visualization of data received from AMS,
AMC and AHC for operational monitoring and analysis of the situation;
 simulation of emergencies at DCC (power failure, failure of primary communication
device, PC failure, etc.)
 the duration of the tests of complexes should be at least 5 24-hour periods.
To perform acceptance tests to the following documentation shall be presented:
 trial operation work logs;
 protocol of completion of trial operation and admission systems to acceptance tests;
 NHMS order to conduct acceptance tests with locations, dates, responsible personnel;
 program and methods of acceptance tests;
 working and operating documentation;
 copies of certificates on entering measurement tools in the Register;
 certificate on verification(calibration) of measurement tools (if applicable).
Acceptance tests shall be carried out on object ready to operation. Acceptance tests shall be
executed jointly by representatives of the Contractor and the Customer.
Acceptance tests shall include check also:
 conformance to each requirement related to interface of the system;
 operation of staff in an interactive mode;
 means and methods of recovery of complexes after failures;
 completeness and quality of operational documentation.
In the course of tests it is forbidden to set up (to regulate) complex elements if it isn't stipulated
in the present requirements or in PMI. One-fold changeover of replaceable fuses, the indicator
and tally lamps having the same circuit number is allowed. In case of repeated failure of the
same elements of test interrupt before failure elimination.
In the process of testing it is prohibited to adjust (to regulate) complex elements unless specified
in these requirements or PMT. One-time changeover of replaceable fuses, the indicator and tally
lamps having the same circuit number is allowed. In case of repeated failure of the same
elements test shall be interrupted until repaired.
It testing and commissioning is performed on Customer’s site, material and metrological support
(necessary documentation, reference materials, workplaces, means of tests and monitoring,
expendables, etc.), logistic and metrological support (necessary documentation, reference
materials, workplaces, means of tests and monitoring, expendables, etc.), and also the service
personnel and vehicles shall be provided by the Customer.
Test results should be considered as the positive, and complexes – as test passed, if they are
tested in full range and sequence according to PMT, and correspond to all characteristics
declared in a tender application.
Test results should be considered as the negative, and a complex not passed tests if on test results
the mismatch at least on one of characteristics is revealed. The supplier shall take measures for
elimination of the revealed mismatches. After elimination of failure/inaccuracies test shall to be
repeated.
Based on the results of acceptance tests the following documents shall be developed:
 Protocol of Acceptance Tests, to be approved by the authorized representatives of
Customer and Contractor;
 Acceptance Test Certificate.
 Results of tests, stipulated by the program, to be recorded in the Test Minutes/Protocol.
Test reports of individual/separate subsystems shall be summarized in one Report/ protocol,
based on which the conclusion shall be given on the compliance of the entire system with the
Technical Project and technical design documentation.
4.4.5.1.4.
Integrated tests – Integrated tests will be carried out for the entire system of
modernized and non modernized observation network facilities, as well as DCC. Integrated tests
shall be carried out after completion of installation and commissioning of all facilities of the
hydrometeorological observation network and Data Collecting Center, and successful
completion of local off-line tests for each system component. The purpose of the final stage of
the test is to check the operation of the whole system, including
 collecting data from all AMS, AMC, AHC and observation network facilities of the NHMS
by using all communication types, taking into account the urgency of the data categories and
the schedule set;
 checking the procedure for transmitting /receipt of the measurements in the automatic control
mode of completeness and benchmarking run time data in the delivery upon request mode
from the center when exceeding preset threshold values;
 verification of the completeness and quality of visualization of the received data for current
monitoring and analysis;
 simulated emergencies at AMS, AMC, AHC and DCC (power failure, failure of the primary
means of communication, PC crashes, etc.).
 duration of integrated tests should not exceed 10-15 days.
Transmission of measurement data from 95% of the meteorological stations and hydrological
facilities to be upgraded, shall be regarded as unsatisfactory. 100% delivery from the upgraded
stations and facilities shall be demonstrated, as well as maintenance of the delivery indicators
from the observation network facilities which are not subject to upgrading.
In case the report on the measurements results/data from a certain observation facility is not
issued within the testing period for the reasons beyond the Contractor’s control (cellular
communication provider, breaks of telecommunications, etc.), then the indicator shall not be
regarded as deviation from PMT and should be specified separately.
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4.4.6. Users Training
The Contractor shall conduct the users training in accordance with the requirements given below:
1) Users training should be conducted in Russian. The cost of interpreters, if needed, should
be included in the tender application.
2) All handouts for users training are to be in Russian.
3) Training programs should be drawn up for each training course taking into consideration
the complete set of the provided equipment and the specifics of its operation and repair.
4) Users training should include theoretical and practical lessons.
5) Users training should include the control of material understanding.
6) Users training are to be carried out in groups. Number of people in one group shall not
exceed fifteen.
In order to conduct user training, the Contractor should:
 develop a detailed users training program;
 prepare handout materials and issue a required number of copies (one kit per each
trainee);
 develop a users training schedule coordinated with the delivery and installation dates;
 provide competent personnel for users training;
 ensure full-time training of the users;
 issue the training completing certificates for each trainee, who successfully completed
the training.
The users training program, content of handout materials, schedule and dates of users training
shall be agreed with Kyrgyzhydromet in at least two weeks before beginning of the users
training.
4.4.6.1. Users training#1
Users training #1 is intended to observers working on WS М01-М33 and Н01,).
Users training #1 should at least include the following sections:

computer skills;

technical description and design of the AMC/AMS/AHC;

safety precautions for operation of the AMC/AMS/AHC;

practical exercises, improvement of skills, working on formation of messages for sending
to DCC, electronic filling of the KM-1 book;
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processing and transmission of the received data;

personnel actions in case of failures in the hardware and software.
The Contractor shall provide Users training #1, including theoretical and practical lessons with a
total duration of at least 42 academic hours, no more than 6 academic hours per day. Number of
trainees shall be 35 persons.
Training will be provided for the two groups in Bishkek (16 people) and Osh (19 people).
The Contractor shall provide classroom for Users training #1 delivery in Bishkek and necessary
equipment for Osh.
The Contractor shall provide accommodation in the hotel (standard single or double room) at the
training location, per diem for meals and transportation of trainees to the training location and
back. Cost of travel, per diem for meals and accommodation should be included in the bid.
Accommodation and travel shall be provided for:
* Note: during program preparation the changes in number of trainees are possible.
4.4.6.2. Users’ training#2
Users training #2 is intended for DCC administrators/operators - these users shall implement
operational maintenance of a network and software in real time, they will have access to the
sensors status parameters, communication lines, the equipment, etc. These users shall have
possibility to configure an operating system and firewall. This category of users shall have
access to data from each station and post and shall not have the right to add, modify, delete the
data in database.
Users training #2 should at least include the following sections:

technical description and design of the AMC/AMS/AHC;

safety precautions for operation of the AMC/AMS/AHC;

equipment connection diagrams;

software/hardware installation and configuration;

administration and maintenance of hardware and software complex of DCC;

software study;

practical exercises, improvement of skills;

data processing, collection and transfer;

personnel actions in case of failures in the hardware and software.
The Contractor shall provide Users training #2, including theoretical and practical lessons with a
total duration of at least 42 academic hours, no more than 6 academic hours per day. Practical
exercises are carried out on the installed equipment (Kyrgyzhydromet Central Office, Bishkek).
Number of trainees - 5 persons.
4.4.6.3. Users’ training#3
Users training#3 is intended for operating units of Kyrgyzgidromet (the departments of a
hydrology, meteorology and agricultural meteorology, creating a Database) - these users will
execute data quality check of data. They will also export the data in text, tabular and graphical
formats specified by Kyrgyzhydromet, including on the basis of templates and formats for the
web site. This category of users shall have access to the data of each station and the post and will
have the right to add, modify and delete data.
Users training #3 should at least include the following sections:

technical description and design of the AMC/AMS/AHC;

practical exercises, improvement of skills;

general understanding of functioning of DCC;

database skills;

use of the DCC database in operational work
The Contractor shall provide Users training #2, including theoretical and practical lessons with a
total duration of at least 42 academic hours, no more than 6 academic hours per day. Practical
exercises are carried out on the installed equipment (Kyrgyzhydromet Central Office, Bishkek).
4.4.7.
Lease of Storage Facilities
Lease of storage facilities shall be intended for the storage of Goods for WS-M01 M33 and H01,
H02.
Storage facilities should be located in Bishkek City, Kyrgyz Republic, and should meet the
following requirements as minimum:
 The facilities should be equipped with: artificial lighting and fire extinguishing agents
in accordance with the regulations of the Kyrgyz Republic;
 The premises should meet the requirements for the storage of the supplied equipment;
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The premises should be protected and / or located in the protected area;
The storage premises should be equipped with the alarm system.
4.4.8. Warranty Maintenance
The warranty should apply to all the supplied equipment and software, as well as to the services.
1) The Contractor should provide the Employer with free "hotline" (contact telephone number,
fax, e-mail address) for all-day reception of requests for warranty service. Hot-line calls shall
be answered by the Contractor's personnel or his Representative in Russian with entry made in
the Request log. The entry shall be assigned with a unique number, date, time of call, and
contact data of the Customer’s representative. Response time for a request (consultation by
qualified personnel of the Contractor or his representative) should not exceed four (4) working
hours.
2) The Contractor shall provide warranty maintenance of the supplied products at no additional
cost for the Customer. The warranty maintenance means the recovery of efficiency of an
individual device (of its part, unit or assembly) or software, if it fails for reasons not related to
the improper operation during the warranty period.
3) Software warranty shall include software media warranty, new versions of Software for free
on Customer's request (in accordance with the new versions issue schedule and manufacturer’s
license agreement) and software updates and patches for elimination of errors.
4) Warranty maintenance should be carried out at the work site, remotely (via the Internet) and in
service centers, if the defect cannot be corrected at the work site. In case of necessity of
shipping the equipment to service centers and back, this delivery is provided by the Contractor
at his own expense.
5) The Contractor should ensure that during the warranty period, all defects found are repaired
within 10 working days after receiving notification of the defect. The total period of warranty
reparation should not exceed 30 calendar days, subject to the Contractor should provide
similarly functioning equipment for the reparation period which exceeds 10 working days.
6) The Contractor should ensure that during the warranty period all software defects found shall
be repaired within 3 working days following the release of relevant updates (updates, patches)
by the software manufacturer in order to eliminate errors.
7) All licenses for the supplied software should be unlimited, which means that there should not
be any time limits for the use of software products by the licensee.
8) The Contractor should ensure that all spare parts that the Contractor installs to the equipment
during the warranty period are produced and certified by the same manufacturer as the original
equipment components, and have the functional characteristics no worse than the original
parts have.
9) The warranty period for all equipment should be at least 24 months from the date of signing
the Off-line Test Certificate, or the Certificate of Completion, whichever comes first (unless
otherwise stated).
10) All supplied software should be provided with a standard manufacturer's support for a period
of at least 24 months from the date of signing of the Certificate of Completion.
11) The warranty period for power supply equipment should be:
 Solar panels — at least 36 months starting from the date of signing of the Off-line Test
Certificate;
 Batteries – at least 12 months starting from the date of signing of the Off-line Test Certificate;
Section IV. Bidding Forms
4.5.
203
Employer Responsibilities Regarding Services
To provide Services (p. Ошибка! Источник ссылки не найден.), the Employer shall
provide:
1) Access of all Contractor personnel to all WS for works execution;
2) Preparation and presentation of the existing technical documentation for the observation
network facilities;
3) Provision of water level measurement results for hydrological posts H01,H02.
4) Provision of information on the specific observation facilities and DCC with indication of:
 Selected hole for the measurement of water level and consumption;
 Selected of the location for protective container (mast);
 Selected location and technique for measuring devices installation
 Selected location for installation of AHC;
 Selected location for installation of AMS and observer’s automated workstation;
 Selected location for DCC installation.
5) For the articles supplied for worksites WS B01 — determination, preparation and allocation
of required storage facilities with appropriate conditions for equipment storage within the
period from delivery to installation;
6) Preparation of a set of activities to ensure storage and safety of the equipment located at WS
during installation works;
7) For the articles supplied for worksites M01-M33 and H01 and H02 — acceptance of the
equipment and technical facilities for further handover to the Contractor for delivery to the
installation site.
8) Check of compliance of the name, model and quantity of the Goods supplied to the Contract
conditions and shipping documentation;
9) Provision the teams of observation units with information on planned activities for technical
re-equipment of the observation network;
10) Specialists training in accordance with the approved time schedule;
11) Provision of the required personnel amount for check of delivery by the Decree of the
NHMS (checking of delivery, acceptance autonomous and complex testing of the system).
The presence of the Employer’s experts at these events is provided out at the expense of the
Employer;
12) For arrangement of large telecommunication and server equipment of the Data Collecting
Center, it is required to provide sufficient space in the rooms.
13) Provision of training premises for educational process.
5.
FIGURES AND DRAWINGS
The tender documents shall include the following figures and drawings:
List of figures and drawings
Number
Figure 5.1
Figure 5.2
Figure 5.3
Figure 5.4
Figure 5.5
Name
Server room
Functional diagram of information acquisition, processing, and
transfer
Equipment connection diagram
Typical equipment layout of automatic weather station (depends
on installation)
Typical equipment layout of observation site
Section IV. Bidding Forms
Figure 5.1– Server Room (Room 1)
205
Figure 5.2 – Functional diagram of information acquisition, processing, and transfer
Section IV. Bidding Forms
207
Figure 1.3 – Equipment connection diagram
Figure 5.4 - Typical equipment layout of automatic weather station (depends on complectation)
Section IV. Bidding Forms
Figure 5.5 – Typical equipment layout of observation site
209
6.
APPENDECIES
Appendix 1
Existing communication topology on Kyrgyzhydromet observation network
#
Station
WS
Transmissio
Adress of information
n type
receiving
Wether Stations
1. Ak-Terek
М21
R/C
MSC Bishkek
2. Ala-Archa
М05
R/C
MSC Bishkek
3. Baitik
М28
R/C
MSC Bishkek
4. Batken
М17
VPN
MSC Bishkek
5. Bishkek
М01
VPN
MSC Bishkek
6. Balykchi
М26
TLGR/Т
MSC Bishkek
7. Jalalabat
М22
VPN
MSC Bishkek
8. Zhany-Zher
М07
Т
MSC Bishkek
9. Karakol
М03
VPN
MSC Bishkek
10. Kara-Suu
М12
TLGR/Т
MSC Bishkek
11. Kyzyl-Adyr
М19
TLGR/Т
MSC Bishkek
12. Kyzyl-Suu
М27
TLGR
MSC Bishkek
13. Naryn
М04
Т
MSC Bishkek
14. Nookat
М14
Т
MSC Bishkek
15. Isfana
М18
Т
MSC Bishkek
16. Uzgen
М15
Т
MSC Bishkek
17. Cholpon-Ata
М29
VPN
MSC Bishkek
18. Chaek
М30
Т
MSC Bishkek
19. Chatkal
М24
R/C
MSC Bishkek
20. Chon-Ashuu
М33
R/C
to SRS Osh, then to MSC
Bishkek
21. Talas
М20
Т
MSC Bishkek
22. Tokmok
М10
Т
MSC Bishkek
23. Toktogul
М25
Т
MSC Bishkek
24. Teo-Ashuu
М31
R/C
to SRS Osh, then to MSC
Bishkek
25. It-Agar
М32
R/C
To SRS Osh, then to MSC
Bishkek
26. Osh
М02
VPN
MSC Bishkek
27. Pacha-Ata
М23
R/C
to SRS Osh, then to MSC
Bishkek
28. Yssyk-Ata
М11
T
Bishkek-weather
29. Suusamyr
М09
R/C
to SRS Osh, then to MSC
Bishkek
30. Sary-Tash
М13
R/C
to SRS Osh, then to MSC
Bishkek
31. Gulcha
М16
Т
MSC Bishkek
32. Kara-Balta
*N/M Т
MSC Bishkek
33. Kara-Kujur
*N/M СМС
MSC Bishkek
34. Kyzyl-Jar
*N/M Т
MSC Bishkek
35. Tyan-Shan
*N/M Т
MSC Bishkek
Section IV. Bidding Forms
211
Hydrology Posts
1. Shamaldysai. Naryn river
Н01
2. Uch-Korgon,
Isfayramsay Н02
River
3. Tuura-Suu, Ton river
*N/M
RADIO
RADIO,
CELL COM
RADIO,TLG
R
TLGR
TLGR
UHMS Uzgen
UHMS Nookat
TLGR,
RADIO
TLGR
RHMS Karakol
RHMS Karakol
RHMS Karakol
*N/M
TLGR
RADIO/
TLGR
RADIO,
CELL COM
RADIO,
CELL COM
RADIO
CELL COM/
TLGR
TLGR,
RADIO
TLGR,
CELL COM,
RADIO
TLGR,
CELL COM
TLGR
RADIO,
CELL COM
RADIO,
CELL COM
TLGR
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
TLGR
RADIO
TLGR
RADIO
RADIO
TLGR
TLGR
TLGR /Т
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
UHMS Кызыл-Адыр
*N/M
*N/M
RADIO
RADIO,
СМС
RADIO
TLGR
UHMS Кызыл-Адыр
UHMS Токтогул
4. Kochkor, Ton river
*N/M
5. Lesnoy Kordon, Chon Kyzyl- *N/M
Suu river
6. Sovetskoe, Jyrgalan river
*N/M
7. Teploklyuchenka,
Ak-Suu
river
8. Kashka-Suu, Karakol river
9. Lesozavoda, Turgen Ak-Suu
river
10. Changet, Chanet river
*N/M
11. Charbak, Tentek-Sai river
*N/M
12. Mailuu-Suu, Mailuu-Suu river
13. Mikhailovka, Kegart river
*N/M
*N/M
14. Naryn, Naryn river
*N/M
15. Malyi Naryn, Naryn river
*N/M
16. Bolshoy Naryn, Naryn river
*N/M
*N/M
*N/M
*N/M
17. Kyrgyz-Ata, Kyrgyz-Ata river *N/M
18. Dzhiydalik,
Shakhimardan *N/M
river
19. Aravan Sai, Karakol river
*N/M
20. Grigorievka, Chon Ak-Suu
river
21. Kirov springs
22. Oktyabrskoe, Uch Maral river
23. Aryk-Jany, Kumush-Too river
24. Klyuchevka, Talas river
25. Chon-Kuurchak, Kurkreu river
26. Kirov reservoir
27. Aryk-Saz, Besh-Tash river
28. Uch-Koshoi, Talas riverУчКошой на р.Талас
29. Ak-Tash
30. 5.5
km
Bala-Chychkan,
Chychkan river
31. Usta-Sai, Uzuzn-Akmat river
32. Kara-Suu (left)
*N/M
*N/M
Balykchi UHMS
Balykchi UHMS
RHMS Karakol
RHMS Karakol
RHMS Jalalabat
RHMS Jalalabat
RHMS Jalalabat
RHMS Jalalabat
RHMS Naryn
RHMS Naryn
RHMS Naryn
UHMS Nookat
UHMS Nookat
UHMS Nookat
Balykchi UHMS
UHMS Токтогул
UHMS Токтогул
33. Uch-Terek, Naryn river
*N/M
34. Tosoy, Zerger river
*N/M
35. Chalma, Tar river
*N/M
36. Min-Teke, Ak-Buura river *N/M
(Kichi-Alai)
37. Pervomai, Kara-Kulja river
*N/M
Первомай на р.Кара-Кулджа
38. Donuz-Too, Donuz-Too river
*N/M
Донуз-Тоо на р.Донуз-Тоо
39. Salmalik, Yassy river
Саламалик на р.Яссы
40. Tostu outfall, Pacha-Ata river
Agrometeorological posts
1. At-Bashy
2. Baetovo
3. Balbai
4. Bakai-Ata
5. Kochkor
6. Markaz
7. Massy
8. Shabdan
9. Jany Aryk
10. Sary Bulak
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
*N/M
М08
*N/M
*Н/М
М06
*Н/М – is not modernized
Т - telephone (voice)
TLGR - telegraph service
R/C - radio communication (Morse)
CELL COM - cellular communication (voice)
RADIO - radio communication (voice)
SRS - sectional radio station
VPN - Virtual Private Network
RADIO,
TLGR
CELL COM,
RADIO,
TLGR
CELL COM,
TLGR
CELL COM,
TLGR
CELL COM,
TLGR
RADIO,
TLGR,
CELL COM
TLGR,
CELL COM
RADIO
UHMS Токтогул
TLGR
TLGR
Т
TLGR
TLGR
TLGR
TLGR
TLGR
Т
CELL COM/
TLGR
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
MSC Bishkek
RHMS Jalalabat
UHMS Uzgen
UHMS Uzgen
UHMS Uzgen
UHMS Uzgen
UHMS Uzgen
UHMS Uzgen
Osh SRS
Section IV. Bidding Forms
213
Appendix 2
Additional information of work sites
No.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
WS code and name
М01 (Bishkek)
Distance from the mast
to the station room,
max (meters)
200
Distance from the station cable entry to
the Observer AWS, max (meters)
30
M03 (Karakol)
25
30
M04 (Naryn)
100
30
M05 (Ala-Archa)
100
30
M07 (Zhany-Zher)
50
30
M09 (Suusamyr)
150
30
M10 (Tokmok)
60
30
M11 (Ysyk-Ata)
60
30
M12 (Kara-Suu)
140
30
M13 (Sary-Tash)
70
30
M14 (Nookat)
80
30
M15 (Uzgen)
80
30
M16 (Gulcha)
20
30
M17 (Batken)
150
30
M18 (Isfana)
80
30
M19 (Kyzyl-Adyr)
70
30
M20 (Talas)
120
30
M21 (Ak-Terek)
100
30
M22 (Jalalabat)
90
30
M23 (Pacha-Ata)
90
30
M24 (Chatkal)
110
30
M25 (Toktogul)
70
30
M26 (Balykchi)
100
30
M27 (Kyzyl-Suu)
90
30
M29 (Cholpon-Ata)
100
30
M30 (Chaek)
100
30
M31 (Teo-Ashu)
90
30
M32 (It-Agar)
80
30
M33 (Chon-Ashuu)
200
30
Н01 (Shamaldysai Village, the Naryn
River)
Н02 (Uch-Korgon Village, the
Isfayramsay River)
100
30
200
30
Section VI. Employer’s Requirements
7.
214
PROJECT IMPLEMENTATION SCHEDULE
7.1. List and Schedule of Services and Goods Delivery
#
Services/Goods
Description
Documentation
preparation
Reference to
Technical
Requirements
Activities
Work Sites
Completion Term, in weeks
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Proposed technical solution
description and detailed
description.
В01
1 month after signing the Contract.
Agreement of the proposed technical solution and its
detailed description with Kyrgyzhydromet within 15 days
after their receiving
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Documentation preparation
В01
Transfer of documentation to the Customer prior to
carrying out Acceptance tests
Site preparation #1
М02, М06, М08, Н01 and
Н02
4-5 weeks after signing the contract.
Site preparation #2
18-20 weeks after signing the contract.
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Site preparation #3
М01, М09, М29, М05,
М13, М17, М21, М22,
М24, М26, М31, М04,
М07, М10, М11, М12,
М14, М15, М16, М18,
М19, М20, М23, М27,
М30
М03, М25, М32 and М33
1
Preparatory work
2
4-6 weeks after signing the contract.
Section VI. Employer’s Requirements
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Supply check
3
Equipment and
materials delivery #1
4
Installation
5
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215
Site preparation #4
Н01 and Н02
4-5 weeks after signing the contract.
AMS, AMC, AHC,
equipment for DCC, spare
parts and individual goods
B01, B001 and
Contractor’s warehouse
Prior to the delivery of the goods at work site (1 day)
AMS, AMC, AHC, spare
parts and individual goods
B001 and
warehouse
26-28 weeks after signing the contract.
Equipment for DCC
В01
14-17 weeks after signing the contract.
Delivery of goods on WS
М01-М33 and Н01, Н02
29 weeks after signing the contract.
Installation #1
В01
20-22 weeks after DCC equipment delivery at work site
Contractor’s
Section VI. Employer’s Requirements
216
найден.
Users training
6
Acceptance testing
7
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Installation #2
М02, М06, М08, Н01 и
Н02
3 weeks after equipment delivery on work site
Installation #3
М01, М09, М29, М05,
М13, М17, М21, М22,
М24, М26, М31, М04,
М07, М10, М11, М12,
М14, М15, М16, М18,
М19, М20, М23, М27,
М30
8-10 weeks after equipment delivery at work site
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Installation #4
Users training#1
Н01 and Н02
М02 (group of 19 people.)
и В01 (group of из 16
people.)
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Users training#2
В01 (group of 5 people.)
42 academic hours for 6 hours per day, total 1 Week, after
Installation #1 completion
Users training#3
В01 (group of 10 people.)
42 academic hours for 6 hours per day, total 1 Week, after
Training #2 completion
Factory acceptance testing
On manufacturing facility
На заводе изготовителя
Before Goods delivery on B01, B001 and Contractor’s
warehouse
5 weeks after equipment delivery at work site
М03, М25, М32 and М33
Installation #5
5 weeks after equipment delivery at work site
42 academic hours for 6 hours per day, total 1 Week, after
Installation #2, #3, #4 and #5 completion. Users training
#1 shall be provided for 2 groups
Section VI. Employer’s Requirements
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Warranty
maintenance and
technical support
8
217
В01
2 Weeks after Users training #2, Installation #1 and 7
AMS/AMC and 1 AHC installation completion
М01-М33 and Н01, Н02
2 Weeks after Users training #2, Installation #2, #3 and #4.
В01,М01-М33, Н01 and
Н02
3 weeks after completion of all autonomous tests.
В01,М01-М33, Н01 and
Н02
Over 24 months from the date of signing of Acts of
acceptance the completed works
Off-line(Autonoumous)
testing
Off-line(Autonoumous)
testing g
Integrated tesying
Total period of implementation of Services and Goods Delivery Schedule
48-50 weeks
Section VI. Employer’s Requirements
218
8.
Forms and Procedures
Form of Completion Certificate .................................................................................. 2-219
Form of Operational Acceptance Certificate .............................................................. 2-220
Change Order Procedure and Forms .......................................................................... 2-221
Change Order Procedure ............................................................................................ 2-222
Annex 1.
Annex 2.
Annex 3.
Annex 4.
Annex 5.
Annex 6.
Annex 7.
Request for Change Proposal.................................................................... 2-223
Estimate for Change Proposal .................................................................. 2-225
Acceptance of Estimate ............................................................................ 2-227
Change Proposal ...................................................................................... 2-228
Change Order ........................................................................................... 2-231
Pending Agreement Change Order ........................................................... 2-232
Application for Change Proposal .............................................................. 2-234
Section VI. Employer’s Requirements
219
Form of Completion Certificate
Date:
Loan/Credit No:
IFB No:
______________________________
To: _________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GC Clause 24 (Completion of the Facilities) of the General Conditions of the
Contract entered into between yourselves and the Employer dated _____________, relating to the
____________________, we hereby notify you that the following part(s) of the Facilities was (were)
complete on the date specified below, and that, in accordance with the terms of the Contract, the
Employer hereby takes over the said part(s) of the Facilities, together with the responsibility for
care and custody and the risk of loss thereof on the date mentioned below.
1.
Description of the Facilities or part thereof: ______________________________
2.
Date of Completion: __________________
However, you are required to complete the outstanding items listed in the attachment hereto as
soon as practicable.
This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Section VI. Employer’s Requirements
220
Form of Operational Acceptance Certificate
Date:
Loan/Credit No:
IFB No:
_________________________________________
To: ________________________________________
Dear Ladies and/or Gentlemen,
Pursuant to GC Sub-Clause 25.3 (Operational Acceptance) of the General Conditions of the
Contract entered into between yourselves and the Employer dated _______________, relating to the
___________________________________, we hereby notify you that the Functional Guarantees of the
following part(s) of the Facilities were satisfactorily attained on the date specified below.
1.
Description of the Facilities or part thereof: _______________________________
2.
Date of Operational Acceptance: _______________________
This letter does not relieve you of your obligation to complete the execution of the Facilities in
accordance with the Contract nor of your obligations during the Defect Liability Period.
Very truly yours,
Title
(Project Manager)
Section VI. Employer’s Requirements
221
Change Order Procedure and Forms
Date:
Loan/Credit No:
IFB No:
CONTENTS
1.
2.
3.
General
Change Order Log
References for Changes
ANNEXES
Annex 1
Annex 2
Annex 3
Annex 4
Annex 5
Annex 6
Annex 7
Request for Change Proposal
Estimate for Change Proposal
Acceptance of Estimate
Change Proposal
Change Order
Pending Agreement Change Order
Application for Change Proposal
Section VI. Employer’s Requirements
222
Change Order Procedure
1.
General
This section provides samples of procedures and forms for implementing changes in the
Facilities during the performance of the Contract in accordance with GC Clause 39
(Change in the Facilities) of the General Conditions.
2.
Change Order Log
The Contractor shall keep an up-to-date Change Order Log to show the current status of
Requests for Change and Changes authorized or pending, as Annex 8. Entries of the
Changes in the Change Order Log shall be made to ensure that the log is up-to-date. The
Contractor shall attach a copy of the current Change Order Log in the monthly progress
report to be submitted to the Employer.
3.
References for Changes
(1)
Request for Change as referred to in GC Clause 39 shall be serially numbered CR-Xnnn.
(2)
Estimate for Change Proposal as referred to in GC Clause 39 shall be serially
numbered CN-X-nnn.
(3)
Acceptance of Estimate as referred to in GC Clause 39 shall be serially numbered
CA-X-nnn.
(4)
Change Proposal as referred to in GC Clause 39 shall be serially numbered CP-Xnnn.
(5)
Change Order as referred to in GC Clause 39 shall be serially numbered CO-X-nnn.
Note: (a)
Requests for Change issued from the Employer’s Home Office and the Site
representatives of the Employer shall have the following respective
references:
Home Office
Site
(b)
CR-H-nnn
CR-S-nnn
The above number “nnn” is the same for Request for Change, Estimate for
Change Proposal, Acceptance of Estimate, Change Proposal and Change
Order.
Section VI. Employer’s Requirements
223
Annex 1. Request for Change Proposal
(Employer’s Letterhead)
To: ____________________________________
Date:
Attention: ______________________________________
Contract Name: _________________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
With reference to the captioned Contract, you are requested to prepare and submit a Change
Proposal for the Change noted below in accordance with the following instructions within
_______________ days of the date of this letter ____________________.
1.
Title of Change: ________________________
2.
Change Request No. __________________
3.
Originator of Change: Employer: _______________________________
Contractor (by Application for Change Proposal No. _______7:
4.
Brief Description of Change: _________________________________________________
5.
Facilities and/or Item No. of equipment related to the requested Change: _____________
6.
Reference drawings and/or technical documents for the request of Change:
Drawing No./Document No.
Description
7.
Detailed conditions or special requirements on the requested Change: ________________
8.
General Terms and Conditions:
(a)
Please submit your estimate to us showing what effect the requested Change will
have on the Contract Price.
(b)
Your estimate shall include your claim for the additional time, if any, for completion
of the requested Change.
(c)
If you have any opinion negative to the adoption of the requested Change in
connection with the conformability to the other provisions of the Contract or the
safety of the Plant or Facilities, please inform us of your opinion in your proposal of
revised provisions.
Section VI. Employer’s Requirements
224
(d)
Any increase or decrease in the work of the Contractor relating to the services of its
personnel shall be calculated.
(e)
You shall not proceed with the execution of the work for the requested Change until
we have accepted and confirmed the amount and nature in writing.
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Section VI. Employer’s Requirements
225
Annex 2. Estimate for Change Proposal
(Contractor’s Letterhead)
To: ______________________________
Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _____________________________
Dear Ladies and/or Gentlemen:
With reference to your Request for Change Proposal, we are pleased to notify you of the
approximate cost of preparing the below-referenced Change Proposal in accordance with GC
Sub-Clause 39.2.1 of the General Conditions. We acknowledge that your agreement to the cost
of preparing the Change Proposal, in accordance with GC Sub-Clause 39.2.2, is required before
estimating the cost for change work.
1.
Title of Change: ________________________
2.
Change Request No./Rev.: ____________________________
3.
Brief Description of Change: __________________________
4.
Scheduled Impact of Change: ___________________________
5.
Cost for Preparation of Change Proposal: _______________8
(a)
Engineering
(i)
(ii)
Engineer
Draftsperson
Sub-total
Total Engineering Cost
(b)
Other Cost
Total Cost (a) + (b)
(Contractor’s Name)
8
Costs shall be in the currencies of the Contract.
(Amount)
hrs x
hrs x
hrs
rate/hr =
rate/hr =
226
(Signature)
(Name of signatory)
(Title of signatory)
Section VI. Employer’s Requirements
Section VI. Employer’s Requirements
227
Annex 3. Acceptance of Estimate
(Employer’s Letterhead)
To: ______________________________
Date:
Attention: ________________________________
Contract Name: _____________________________
Contract Number: ___________________________
Dear Ladies and/or Gentlemen:
We hereby accept your Estimate for Change Proposal and agree that you should proceed with the
preparation of the Change Proposal.
1.
Title of Change: ___________________________
2.
Change Request No./Rev.: _______________________________
3.
Estimate for Change Proposal No./Rev.: _______________________________
4.
Acceptance of Estimate No./Rev.: _______________________________
5.
Brief Description of Change: _______________________________
6.
Other Terms and Conditions: In the event that we decide not to order the Change accepted,
you shall be entitled to compensation for the cost of preparation of Change Proposal
described in your Estimate for Change Proposal mentioned in para. 3 above in accordance
with GC Clause 39 of the General Conditions.
(Employer’s Name)
(Signature)
(Name and Title of signatory)
Section VI. Employer’s Requirements
228
Annex 4. Change Proposal
(Contractor’s Letterhead)
To: _______________________________
Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
In response to your Request for Change Proposal No. _______________________________, we
hereby submit our proposal as follows:
1.
Title of Change: _______________________________
2.
Change Proposal No./Rev.: _______________________________
3.
Originator of Change: Employer: [_______________________________
Contractor: _______________________________
4.
Brief Description of Change: _______________________________
5.
Reasons for Change: _______________________________
6.
Facilities
and/or
Item No.
of Equipment
related to the requested Change:
_______________________________
7.
Reference drawings and/or technical documents for the requested Change:
Drawing/Document No.
8.
Description
Estimate of increase/decrease to the Contract Price resulting from Change Proposal: 9
(Amount)
9
(a)
Direct material
(b)
Major construction equipment
(c)
Direct field labor (Total
(d)
Subcontracts
(e)
Indirect material and labor
Costs shall be in the currencies of the Contract.
hrs)
Section VI. Employer’s Requirements
229
(f)
Site supervision
(g)
Head office technical staff salaries
Process engineer
Project engineer
Equipment engineer
Procurement
Draftsperson
Total
hrs @
hrs @
hrs @
hrs @
hrs @
hrs
(h)
Extraordinary costs (computer, travel, etc.)
(i)
Fee for general administration,
(j)
Taxes and customs duties
rate/hr
rate/hr
rate/hr
rate/hr
rate/hr
% of Items
Total lump sum cost of Change Proposal
(Sum of items (a) to (j))
Cost to prepare Estimate for Change Proposal
(Amount payable if Change is not accepted)
9.
Additional time for Completion required due to Change Proposal
10.
Effect on the Functional Guarantees
11.
Effect on the other terms and conditions of the Contract
12.
Validity of this Proposal:
Employer
13.
Other terms and conditions of this Change Proposal:
(a)
You are requested to notify us of your acceptance, comments or rejection of this
detailed Change Proposal within ______________ days from your receipt of this
Proposal.
(b)
The amount of any increase and/or decrease shall be taken into account in the
adjustment of the Contract Price.
(c)
Contractor’s cost for preparation of this Change Proposal:2
(Contractor’s Name)
2
within [Number] days after receipt of this Proposal by the
Specify where necessary.
230
(Signature)
(Name of signatory)
(Title of signatory)
Section VI. Employer’s Requirements
Section VI. Employer’s Requirements
231
Annex 5. Change Order
(Employer’s Letterhead)
To: _______________________________
Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We approve the Change Order for the work specified in the Change Proposal (No. _______), and
agree to adjust the Contract Price, Time for Completion and/or other conditions of the Contract
in accordance with GC Clause 39 of the General Conditions.
1.
Title of Change: _______________________________
2.
Change Request No./Rev.: _______________________________
3.
Change Order No./Rev.: _______________________________
4.
Originator of Change: Employer: _______________________________
Contractor: _______________________________
5.
Authorized Price:
Ref. No.: _______________________________
Date: __________________________
Foreign currency portion __________ plus Local currency portion __________
6.
Adjustment of Time for Completion
None
7.
Increase _________ days
Decrease _________ days
Other effects, if any
Authorized by:
Date:
(Employer)
Accepted by:
Date:
(Contractor)
Section VI. Employer’s Requirements
232
Annex 6. Pending Agreement Change Order
(Employer’s Letterhead)
To: _______________________________
Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: [_______________________________
Dear Ladies and/or Gentlemen:
We instruct you to carry out the work in the Change Order detailed below in accordance with GC
Clause 39 of the General Conditions.
1.
Title of Change: _______________________________
2.
Employer’s Request for Change Proposal No./Rev.:
dated: __________
3.
Contractor’s Change Proposal No./Rev.:
_______________________________
_______________________________
dated:
__________
4.
Brief Description of Change: _______________________________
5.
Facilities
and/or
Item
No.
of
equipment
related
to
the
requested
_______________________________
6.
Reference Drawings and/or technical documents for the requested Change:
Drawing/Document No.
7.
Adjustment of Time for Completion:
8.
Other change in the Contract terms:
9.
Other terms and conditions:
Description
Change:
Section VI. Employer’s Requirements
(Employer’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
233
Section VI. Employer’s Requirements
234
Annex 7. Application for Change Proposal
(Contractor’s Letterhead)
To: _______________________________
Date:
Attention: _______________________________
Contract Name: _______________________________
Contract Number: _______________________________
Dear Ladies and/or Gentlemen:
We hereby propose that the below-mentioned work be treated as a Change in the Facilities.
1.
Title of Change: _______________________________
2.
Application for Change Proposal No./Rev.: _______________________________ dated:
_______________________________
3.
Brief Description of Change: _______________________________
4.
Reasons for Change:
5.
Order of Magnitude Estimation (in the currencies of the Contract):
6.
Scheduled Impact of Change:
7.
Effect on Functional Guarantees, if any:
8.
Appendix:
(Contractor’s Name)
(Signature)
(Name of signatory)
(Title of signatory)
Section VI. Employer’s Requirements
235
Drawings
236
Section VI. Employer’s Requirements
Supplementary Information
237
PART 3 – Conditions of
Contract and Contract Forms
239
Section VII. General Conditions (GC)
Table of Clauses
A. Contract and Interpretation ...................................................................................... 241
1.
2.
Definitions ....................................................................................................... 241
Contract Documents ........................................................................................ 243
3.
Interpretation ................................................................................................... 244
4.
Communications .............................................................................................. 245
5.
Law and Language........................................................................................... 246
6.
Fraud and Corruption ....................................................................................... 246
B. Subject Matter of Contract ........................................................................................ 247
7.
8.
9.
10.
Scope of Facilities ........................................................................................... 247
Time for Commencement and Completion ....................................................... 248
Contractor’s Responsibilities ........................................................................... 248
Employer’s Responsibilities............................................................................. 249
C. Payment ...................................................................................................................... 251
11.
12.
13.
14.
Contract Price .................................................................................................. 251
Terms of Payment ............................................................................................ 251
Securities ......................................................................................................... 251
Taxes and Duties ............................................................................................. 253
D. Intellectual Property .................................................................................................. 253
15.
License/Use of Technical Information ............................................................. 254
16.
Confidential Information ................................................................................. 254
E. Execution of the Facilities .......................................................................................... 255
17.
18.
19.
20.
Representatives ................................................................................................ 255
Work Program ................................................................................................. 257
Subcontracting ................................................................................................. 258
Design and Engineering ................................................................................... 259
21.
22.
23.
24.
25.
Procurement .................................................................................................... 261
Installation ....................................................................................................... 263
Test and Inspection .......................................................................................... 271
Completion of the Facilities ............................................................................. 272
Commissioning and Operational Acceptance ................................................... 274
F. Guarantees and Liabilities ......................................................................................... 277
26.
27.
28.
29.
Completion Time Guarantee ............................................................................ 277
Defect Liability................................................................................................ 278
Functional Guarantees ..................................................................................... 280
Patent Indemnity .............................................................................................. 281
240
Section VII. General Conditions
30.
Limitation of Liability ..................................................................................... 282
G. Risk Distribution ........................................................................................................ 282
31.
Transfer of Ownership ..................................................................................... 282
32.
Care of Facilities.............................................................................................. 283
33.
Loss of or Damage to Property; Accident or Injury to Workers; Indemnification284
34.
Insurance ......................................................................................................... 285
35.
Unforeseen Conditions .................................................................................... 288
36.
Change in Laws and Regulations ..................................................................... 289
37.
Force Majeure ................................................................................................. 289
38.
War Risks ........................................................................................................ 290
H. Change in Contract Elements .................................................................................... 292
39.
40.
41.
42.
43.
44.
Change in the Facilities .................................................................................... 292
Extension of Time for Completion ................................................................... 295
Suspension ...................................................................................................... 296
Termination ..................................................................................................... 298
Assignment ...................................................................................................... 304
Export Restrictions .......................................................................................... 304
I. Claims, Disputes and Arbitration ............................................................................... 304
45.
Contractor’s Claims ......................................................................................... 304
46.
Disputes and Arbitration .................................................................................. 306
APPENDIX ..................................................................................................................... 311
Annex............................................................................................................................... 316
Section VII. General Conditions
241
General Conditions
A. Contract and Interpretation
1.
Definitions
1.1
The following words and expressions shall have the meanings
hereby assigned to them:
“Contract” means the Contract Agreement entered into between
the Employer and the Contractor, together with the Contract
Documents referred to therein; they shall constitute the Contract,
and the term “the Contract” shall in all such documents be
construed accordingly.
“Contract Documents” means the documents listed in Article 1.1
(Contract Documents) of the Contract Agreement (including any
amendments thereto).
“GC” means the General Conditions hereof.
“PC” means the Particular Conditions.
“day” means calendar day .
“year” means 365 days.
“month” means calendar month.
“Party” means the Employer or the Contractor, as the context
requires, and “Parties” means both of them.
“Employer” means the person named as such in the PC and
includes the legal successors or permitted assigns of the
Employer.
“Project Manager” means the person appointed by the Employer
in the manner provided in GC Sub-Clause 17.1 (Project
Manager) hereof and named as such in the PC to perform the
duties delegated by the Employer.
“Contractor” means the person(s) whose bid to perform the
Contract has been accepted by the Employer and is named as
Contractor in the Contract Agreement, and includes the legal
successors or permitted assigns of the Contractor.
“Contractor’s Representative” means any person nominated by
the Contractor and approved by the Employer in the manner
provided in GC Sub-Clause 17.2 (Contractor’s Representative
and Construction Manager) hereof to perform the duties
delegated by the Contractor.
“Construction Manager” means the person appointed by the
Contractor’s Representative in the manner provided in GC SubClause 17.2.4.
“Subcontractor,” including manufacturers, means any person to
whom execution of any part of the Facilities, including
preparation of any design or supply of any Plant, is sub-
242
Section VII. General Conditions
contracted directly or indirectly by the Contractor, and includes
its legal successors or permitted assigns.
“Dispute Board” (DB) means the person or persons named as
such in the PC appointed by agreement between the Employer
and the Contractor to make a decision with respect to any
dispute or difference between the Employer and the Contractor
referred to him or her by the Parties pursuant to GC Sub-Clause
46.1 (Dispute Board) hereof.
“The Bank” means the financing institution named in the PC.
“Contract Price” means the sum specified in Article 2.1
(Contract Price) of the Contract Agreement, subject to such
additions and adjustments thereto or deductions therefrom, as
may be made pursuant to the Contract.
“Facilities” means the Plant to be supplied and installed, as well
as all the Installation Services to be carried out by the Contractor
under the Contract.
“Plant” means permanent plant, equipment, machinery,
apparatus, materials, articles and things of all kinds to be
provided and incorporated in the Facilities by the Contractor
under the Contract (including the spare parts to be supplied by
the Contractor under GC Sub-Clause 7.3 hereof), but does not
include Contractor’s Equipment.
“Installation Services” means all those services ancillary to the
supply of the Plant for the Facilities, to be provided by the
Contractor under the Contract, such as transportation and
provision of marine or other similar insurance, inspection,
expediting, site preparation works (including the provision and
use of Contractor’s Equipment and the supply of all construction
materials required), installation, testing, precommissioning,
commissioning, operations, maintenance, the provision of
operations and maintenance manuals, training, etc… as the case
may require.
“Contractor’s Equipment” means all facilities, equipment,
machinery, tools, apparatus, appliances or things of every kind
required in or for installation, completion and maintenance of
Facilities that are to be provided by the Contractor, but does not
include Plant, or other things intended to form or forming part of
the Facilities.
“Country of Origin” means the countries and territories eligible
under the rules of the Bank as further elaborated in the PC.
“Site” means the land and other places upon which the Facilities
are to be installed, and such other land or places as may be
specified in the Contract as forming part of the Site.
“Effective Date” means the date of fulfillment of all conditions
stated in Article 3 (Effective Date) of the Contract Agreement,
Section VII. General Conditions
243
from which the Time for Completion shall be counted.
“Time for Completion” means the time within which
Completion of the Facilities as a whole (or of a part of the
Facilities where a separate Time for Completion of such part has
been prescribed) is to be attained, as referred to in GC Clause 8
and in accordance with the relevant provisions of the Contract.
“Completion” means that the Facilities (or a specific part thereof
where specific parts are specified in the Contract) have been
completed operationally and structurally and put in a tight and
clean condition, that all work in respect of Precommissioning of
the Facilities or such specific part thereof has been completed,
and that the Facilities or specific part thereof are ready for
Commissioning as provided in GC Clause 24 (Completion)
hereof.
“Precommissioning” means the testing, checking and other
requirements specified in the Employer’s Requirements that are
to be carried out by the Contractor in preparation for
Commissioning as provided in GC Clause 24 (Completion)
hereof.
“Commissioning” means operation of the Facilities or any part
thereof by the Contractor following Completion, which
operation is to be carried out by the Contractor as provided in
GC Sub-Clause 25.1 (Commissioning) hereof, for the purpose of
carrying out Guarantee Test(s).
“Guarantee Test(s)” means the test(s) specified in the
Employer’s Requirements to be carried out to ascertain whether
the Facilities or a specified part thereof is able to attain the
Functional Guarantees specified in the Appendix to the Contract
Agreement titled Functional Guarantees, in accordance with the
provisions of GC Sub-Clause 25.2 (Guarantee Test) hereof.
“Operational Acceptance” means the acceptance by the
Employer of the Facilities (or any part of the Facilities where the
Contract provides for acceptance of the Facilities in parts),
which certifies the Contractor’s fulfillment of the Contract in
respect of Functional Guarantees of the Facilities (or the relevant
part thereof) in accordance with the provisions of GC Clause 28
(Functional Guarantees) hereof and shall include deemed
acceptance in accordance with GC Clause 25 (Commissioning
and Operational Acceptance) hereof.
“Defect Liability Period” means the period of validity of the
warranties given by the Contractor commencing at Completion
of the Facilities or a part thereof, during which the Contractor is
responsible for defects with respect to the Facilities (or the
relevant part thereof) as provided in GC Clause 27 (Defect
Liability) hereof.
2.
Contract
2.1
Subject to Article 1.2 (Order of Precedence) of the Contract
244
Section VII. General Conditions
Agreement, all documents forming part of the Contract (and all
parts thereof) are intended to be correlative, complementary and
mutually explanatory. The Contract shall be read as a whole.
Documents
3.
Interpretation
3.1
In the Contract, except where the context requires otherwise:
(a)
words indicating one gender include all genders;
(b)
words indicating the singular also include the plural and
words indicating the plural also include the singular;
(c)
provisions including the word “agree,” “agreed,” or
“agreement” require the agreement to be recorded in
writing;
(d)
the word “tender” is synonymous with “bid,” “tenderer,”
with “Bidder,” and “tender documents” with “bidding
documents,” and
(e)
“written” or “in writing” means hand-written, typewritten, printed or electronically made, and resulting in a
permanent record.
The marginal words and other headings shall not be taken into
consideration in the interpretation of these Conditions.
3.2
Incoterms
Unless inconsistent with any provision of the Contract, the
meaning of any trade term and the rights and obligations of
Parties thereunder shall be as prescribed by Incoterms.
Incoterms means international rules for interpreting trade terms
published by the International Chamber of Commerce (latest
edition), 38 Cours Albert 1er, 75008 Paris, France.
3.4
Entire Agreement
Subject to GC Sub-Clause 16.4 hereof, the Contract constitutes
the entire agreement between the Employer and Contractor with
respect to the subject matter of Contract and supersedes all
communications, negotiations and agreements (whether written
or oral) of Parties with respect thereto made prior to the date of
Contract.
3.5
Amendment
No amendment or other variation of the Contract shall be
effective unless it is in writing, is dated, expressly refers to the
Contract, and is signed by a duly authorized representative of
each Party hereto.
3.6
Independent Contractor
The Contractor shall be an independent contractor performing the
Contract. The Contract does not create any agency, partnership,
joint venture or other joint relationship between the Parties hereto.
Section VII. General Conditions
245
Subject to the provisions of the Contract, the Contractor shall be
solely responsible for the manner in which the Contract is
performed. All employees, representatives or Subcontractors
engaged by the Contractor in connection with the performance
of the Contract shall be under the complete control of the
Contractor and shall not be deemed to be employees of the
Employer, and nothing contained in the Contract or in any
subcontract awarded by the Contractor shall be construed to
create any contractual relationship between any such employees,
representatives or Subcontractors and the Employer.
3.7
Non-Waiver
3.7.1 Subject to GC Sub-Clause 3.7.2 below, no relaxation,
forbearance, delay or indulgence by either Party in
enforcing any of the terms and conditions of the Contract
or the granting of time by either Party to the other shall
prejudice, affect or restrict the rights of that Party under
the Contract, nor shall any waiver by either Party of any
breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
3.7.2 Any waiver of a Party’s rights, powers or remedies under
the Contract must be in writing, must be dated and signed
by an authorized representative of the Party granting such
waiver, and must specify the right and the extent to which
it is being waived.
3.8
Severability
If any provision or condition of the Contract is prohibited or
rendered invalid or unenforceable, such prohibition, invalidity or
unenforceability shall not affect the validity or enforceability of
any other provisions and conditions of the Contract.
3.9
Country of Origin
“Origin” means the place where the plant and component parts
thereof are mined, grown, produced or manufactured, and from
which the services are provided. Plant components are produced
when, through manufacturing, processing, or substantial or
major assembling of components, a commercially recognized
product results that is substantially in its basic characteristics or
in purpose or utility from its components.
4.
Communications
4.1
Wherever these Conditions provide for the giving or issuing of
approvals, certificates, consents, determinations, notices,
requests and discharges, these communications shall be:
(a)
in writing and delivered against receipt; and
(b)
delivered, sent or transmitted to the address for the
recipient’s communications as stated in the Contract
Agreement.
When a certificate is issued to a Party, the certifier shall send a
246
Section VII. General Conditions
copy to the other Party. When a notice is issued to a Party, by
the other Party or the Project Manager, a copy shall be sent to
the Project Manager or the other Party, as the case may be.
5.
6.
Law and
Language
Fraud and
Corruption
5.1
The Contract shall be governed by and interpreted in accordance
with laws of the country specified in the PC.
5.2
The ruling language of the Contract shall be that stated in the PC.
5.3
The language for communications shall be the ruling language
unless otherwise stated in the PC.
6.1
If the Employer determines that the Contractor and/or any of its
personnel, or its agents, or its Subcontractors, subconsultants,
services providers, suppliers and/or their employees has
engaged in corrupt, fraudulent, collusive coercive, or
obstructive practices, in competing for or in executing the
Contract, then the Employer may, after giving 14 days notice to
the Contractor, terminate the Contractor's employment under
the Contract and expel him from the Site, and the provisions of
Clause 42 shall apply as if such expulsion had been made under
Sub-Clause 42.2.1 (c).
For the purposes of this Sub-Clause,
(i)
“corrupt practice” is the offering, giving, receiving or
soliciting, directly or indirectly, of anything of value
to influence improperly the actions of another party 10;
(ii)
“fraudulent practice” is any act or omission, including
a misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation 11;
(iii) “collusive practice” is an arrangement between two or
more parties12 designed to achieve an improper
purpose, including to influence improperly the actions
of another party;
(iv) “coercive practice” is impairing or harming, or
threatening to impair or harm, directly or indirectly,
any party13 or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is
(aa)
10
11
12
13
deliberately destroying, falsifying, altering or
“Another party” refers to a public official acting in relation to the procurement process or contract execution].
In this context, “public official” includes World Bank staff and employees of other organizations taking or
reviewing procurement decisions.
“Party” refers to a public official; the terms “benefit” and “obligation” relate to the procurement process or
contract execution; and the “act or omission” is intended to influence the procurement process or contract
execution.
“Parties” refers to participants in the procurement process (including public officials) attempting to establish
bid prices at artificial, non competitive levels.
“Party” refers to a participant in the procurement process or contract execution.
Section VII. General Conditions
247
concealing of evidence material to the
investigation or making false statements to
investigators in order to materially impede a
Bank investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or
threatening, harassing or intimidating any party
to prevent it from disclosing its knowledge of
matters relevant to the investigation or from
pursuing the investigation, or
(bb)
acts intended to materially impede the exercise
of the Bank’s inspection and audit rights
provided for under Sub-Clause 9.8.
B. Subject Matter of Contract
7.
Scope of
Facilities
7.1
Unless otherwise expressly limited in the Employer’s
Requirements, the Contractor’s obligations cover the provision
of all Plant and the performance of all Installation Services
required for the design, and the manufacture (including
procurement, quality assurance, construction, installation,
associated civil works, Precommissioning and delivery) of the
Plant, and the installation, completion and commissioning of
the Facilities in accordance with the plans, procedures,
specifications, drawings, codes and any other documents as
specified in the Section, Employer’s Requirements. Such
specifications include, but are not limited to, the provision of
supervision and engineering services; the supply of labor,
materials, equipment, spare parts (as specified in GC SubClause 7.3 below) and accessories; Contractor’s Equipment;
construction utilities and supplies; temporary materials,
structures and facilities; transportation (including, without
limitation, unloading and hauling to, from and at the Site); and
storage, except for those supplies, works and services that will
be provided or performed by the Employer, as set forth in the
Appendix to the Contract Agreement titled Scope of Works and
Supply by the Employer.
7.2
The Contractor shall, unless specifically excluded in the
Contract, perform all such work and/or supply all such items
and materials not specifically mentioned in the Contract but
that can be reasonably inferred from the Contract as being
required for attaining Completion of the Facilities as if such
work and/or items and materials were expressly mentioned in
the Contract.
7.3
In addition to the supply of Mandatory Spare Parts included in
the Contract, the Contractor agrees to supply spare parts
required for the operation and maintenance of the Facilities for
the period specified in the PC and the provisions, if any,
specified in the PC. However, the identity, specifications and
quantities of such spare parts and the terms and conditions
relating to the supply thereof are to be agreed between the
248
Section VII. General Conditions
Employer and the Contractor, and the price of such spare parts
shall be that given in Price Schedule No. 6, which shall be
added to the Contract Price. The price of such spare parts shall
include the purchase price therefor and other costs and
expenses (including the Contractor’s fees) relating to the supply
of spare parts.
8.
9.
Time for
Commencement and
Completion
Contractor’s
Responsibilities
8.1
The Contractor shall commence work on the Facilities within
the period specified in the PC and without prejudice to GC
Sub-Clause 26.2 hereof, the Contractor shall thereafter proceed
with the Facilities in accordance with the time schedule
specified in the Appendix to the Contract Agreement titled
Time Schedule.
8.2
The Contractor shall attain Completion of the Facilities or of a
part where a separate time for Completion of such part is
specified in the Contract, within the time stated in the PC or
within such extended time to which the Contractor shall be
entitled under GC Clause 40 hereof.
9.1
The Contractor shall design, manufacture including associated
purchases and/or subcontracting, install and complete the
Facilities in accordance with the Contract. When completed,
the Facilities should be fit for the purposes for which they are
intended as defined in the Contract.
9.2
The Contractor confirms that it has entered into this Contract
on the basis of a proper examination of the data relating to the
Facilities including any data as to boring tests provided by the
Employer, and on the basis of information that the Contractor
could have obtained from a visual inspection of the Site if
access thereto was available and of other data readily available
to it relating to the Facilities as of the date twenty-eight (28)
days prior to bid submission. The Contractor acknowledges
that any failure to acquaint itself with all such data and
information shall not relieve its responsibility for properly
estimating the difficulty or cost of successfully performing the
Facilities.
9.3
The Contractor shall acquire and pay for all permits, approvals
and/or licenses from all local, state or national government
authorities or public service undertakings in the country where
the Site is located which such authorities or undertakings
require the Contractor to obtain in its name and which are
necessary for the performance of the Contract, including,
without limitation, visas for the Contractor’s and
Subcontractor’s personnel and entry permits for all imported
Contractor’s Equipment. The Contractor shall acquire all other
permits, approvals and/or licenses that are not the responsibility
of the Employer under GC Sub-Clause 10.3 hereof and that are
necessary for the performance of the Contract.
9.4
The Contractor shall comply with all laws in force in the
country where the Facilities are to be implemented. The laws
Section VII. General Conditions
249
will include all local, state, national or other laws that affect the
performance of the Contract and bind upon the Contractor. The
Contractor shall indemnify and hold harmless the Employer
from and against any and all liabilities, damages, claims, fines,
penalties and expenses of whatever nature arising or resulting
from the violation of such laws by the Contractor or its
personnel, including the Subcontractors and their personnel, but
without prejudice to GC Sub-Clause 10.1 hereof.
10. Employer’s
Responsibilities
9.5
Any Plant and Installation Services that will be incorporated in
or be required for the Facilities and other supplies shall have
their origin as specified under GC Clause 1 (Country of
Origin). Any subcontractors retained by the Contractor shall be
from a country as specified in GC Clause 1 (Country of
Origin).
9.6
The Contractor shall permit the Bank to inspect the
Contractor’s accounts and records relating to the performance
of the Contractor and to have them audited by auditors
appointed by the Bank, if so required by the Bank.
9.7
If the Contractor is a joint venture, or association (JVA) of two
or more persons, all such persons shall be jointly and severally
bound to the Employer for the fulfillment of the provisions of
the Contract, unless otherwise specified in the PC, and shall
designate one of such persons to act as a leader with authority
to bind the JVA. The composition or the constitution of the
JVA shall not be altered without the prior consent of the
Employer.
9.8
The Contractor shall permit, and shall cause its Subcontractors
and subconsultants to permit, the Bank and/or persons
appointed by the Bank to inspect the Site and all accounts and
records relating to the performance of the Contract and the
submission of the Bid, and to have such accounts and records
audited by auditors appointed by the Bank if requested by the
Bank. The Contractor’s and its Subcontractors’ and
subconsultants’ attention is drawn to Sub-Clause 6.1 [Fraud
and Corruption] which provides, inter alia, that acts intended to
materially impede the exercise of the Bank’s inspection and
audit rights provided for under Sub-Clause 9.8 constitute a
prohibited practice subject to contract termination (as well as to
a determination of ineligibility pursuant to the Bank’s
prevailing sanctions procedures).
10.1 All information and/or data to be supplied by the Employer as
described in the Appendix to the Contract Agreement titled
Scope of Works and Supply by the Employer, shall be deemed
to be accurate, except when the Employer expressly states
otherwise.
10.2 The Employer shall be responsible for acquiring and providing
legal and physical possession of the Site and access thereto, and
for providing possession of and access to all other areas
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Section VII. General Conditions
reasonably required for the proper execution of the Contract,
including all requisite rights of way, as specified in the
Appendix to the Contract Agreement titled Scope of Works and
Supply by the Employer. The Employer shall give full
possession of and accord all rights of access thereto on or
before the date(s) specified in that Appendix.
10.3 The Employer shall acquire and pay for all permits, approvals
and/or licenses from all local, state or national government
authorities or public service undertakings in the country where
the Site is located which (a) such authorities or undertakings
require the Employer to obtain in the Employer’s name, (b) are
necessary for the execution of the Contract, including those
required for the performance by both the Contractor and the
Employer of their respective obligations under the Contract,
and (c) are specified in the Appendix (Scope of Works and
Supply by the Employer).
10.4 If requested by the Contractor, the Employer shall use its best
endeavors to assist the Contractor in obtaining in a timely and
expeditious manner all permits, approvals and/or licenses
necessary for the execution of the Contract from all local, state
or national government authorities or public service
undertakings that such authorities or undertakings require the
Contractor or Subcontractors or the personnel of the Contractor
or Subcontractors, as the case may be, to obtain.
10.5 Unless otherwise specified in the Contract or agreed upon by
the Employer and the Contractor, the Employer shall provide
sufficient, properly qualified operating and maintenance
personnel; shall supply and make available all raw materials,
utilities, lubricants, chemicals, catalysts, other materials and
facilities; and shall perform all work and services of whatsoever
nature, including those required by the Contractor to properly
carry out Precommissioning, Commissioning and Guarantee
Tests, all in accordance with the provisions of the Appendix to
the Contract Agreement titled Scope of Works and Supply by
the Employer, at or before the time specified in the program
furnished by the Contractor under GC Sub-Clause 18.2 hereof
and in the manner thereupon specified or as otherwise agreed
upon by the Employer and the Contractor.
10.6 The Employer shall be responsible for the continued operation
of the Facilities after Completion, in accordance with GC SubClause 24.8, and shall be responsible for facilitating the
Guarantee Test(s) for the Facilities, in accordance with GC
Sub-Clause 25.2.
10.7 All costs and expenses involved in the performance of the
obligations under this GC Clause 10 shall be the responsibility
of the Employer, save those to be incurred by the Contractor
with respect to the performance of Guarantee Tests, in
accordance with GC Sub-Clause 25.2.
Section VII. General Conditions
251
10.8 In the event that the Employer shall be in breach of any of his
obligations under this Clause, the additional cost incurred by
the Contractor in consequence thereof shall be determined by
the Project Manager and added to the Contract Price.
C. Payment
11. Contract Price
11.1 The Contract Price shall be as specified in Article 2 (Contract
Price and Terms of Payment) of the Contract Agreement.
11.2 Unless an adjustment clause is provided for in the PC, the
Contract Price shall be a firm lump sum not subject to any
alteration, except in the event of a Change in the Facilities or as
otherwise provided in the Contract.
11.3 Subject to GC Sub-Clauses 9.2, 10.1 and 35 hereof, the
Contractor shall be deemed to have satisfied itself as to the
correctness and sufficiency of the Contract Price, which shall,
except as otherwise provided for in the Contract, cover all its
obligations under the Contract.
12. Terms of
Payment
12.1 The Contract Price shall be paid as specified in Article 2
(Contract Price and Terms of Payment) of the Contract
Agreement and in the Appendix to the Contract Agreement
titled Terms and Procedures of Payment, which also outlines
the procedures to be followed in making application for and
processing payments.
12.2 No payment made by the Employer herein shall be deemed to
constitute acceptance by the Employer of the Facilities or any
part(s) thereof.
12.3 In the event that the Employer fails to make any payment by its
respective due date or within the period set forth in the
Contract, the Employer shall pay to the Contractor interest on
the amount of such delayed payment at the rate(s) shown in the
Appendix to the Contract Agreement titled Terms and
Procedures of Payment, for the period of delay until payment
has been made in full, whether before or after judgment or
arbitrage award.
12.4 The currency or currencies in which payments are made to the
Contractor under this Contract shall be specified in the
Appendix to the Contract Agreement titled Terms and
Procedures of Payment, subject to the general principle that
payments will be made in the currency or currencies in which
the Contract Price has been stated in the Contractor’s bid.
13. Securities
13.1 Issuance of Securities
The Contractor shall provide the securities specified below in
favor of the Employer at the times, and in the amount, manner
and form specified below.
252
Section VII. General Conditions
13.2 Advance Payment Security
13.2.1 The Contractor shall, within twenty-eight (28) days of
the notification of contract award, provide a security in an
amount equal to the advance payment calculated in
accordance with the Appendix to the Contract Agreement
titled Terms and Procedures of Payment, and in the same
currency or currencies.
13.2.2 The security shall be in the form provided in the
bidding documents or in another form acceptable to the
Employer. The amount of the security shall be reduced in
proportion to the value of the Facilities executed by and
paid to the Contractor from time to time, and shall
automatically become null and void when the full amount
of the advance payment has been recovered by the
Employer.
The security shall be returned to the
Contractor immediately after its expiration.
13.3 Performance Security
13.3.1 The Contractor shall, within twenty-eight (28) days of
the notification of contract award, provide a security for
the due performance of the Contract in the amount
specified in the PC.
13.3.2 The performance security shall be denominated in the
currency or currencies of the Contract, or in a freely
convertible currency acceptable to the Employer, and
shall be in the form provided in Section IX, Contract
Forms, corresponding to the type of bank guarantee
stipulated by the Employer in the PC, or in another form
acceptable to the Employer.
13.3.3 Unless otherwise specified in the PC, the security shall
be reduced by half on the date of the Operational
Acceptance. The Security shall become null and void, or
shall be reduced pro rata to the Contract Price of a part of
the Facilities for which a separate Time for Completion is
provided, five hundred and forty (540) days after
Completion of the Facilities or three hundred and sixty
five (365) days after Operational Acceptance of the
Facilities, whichever occurs first; provided, however, that
if the Defects Liability Period has been extended on any
part of the Facilities pursuant to GC Sub-Clause 27.8
hereof, the Contractor shall issue an additional security in
an amount proportionate to the Contract Price of that part.
The security shall be returned to the Contractor
immediately after its expiration, provided, however, that
if the Contractor, pursuant to GC Sub-Clause 27.10, is
liable for an extended defect liability obligation, the
performance security shall be extended for the period
specified in the PC pursuant to GC Sub-Clause 27.10 and
Section VII. General Conditions
253
up to the amount specified in the PC.
13.3.4 The Employer shall not make a claim under the
Performance Security, except for amounts to which the
Employer is entitled under the Contract. The Employer
shall indemnify and hold the Contractor harmless against
and from all damages, losses and expenses (including
legal fees and expenses) resulting from a claim under the
Performance Security to the extent to which the
Employer was not entitled to make the claim.
14. Taxes and
Duties
14.1 Except as otherwise specifically provided in the Contract, the
Contractor shall bear and pay all taxes, duties, levies and
charges assessed on the Contractor, its Subcontractors or their
employees by all municipal, state or national government
authorities in connection with the Facilities in and outside of
the country where the Site is located.
14.2 Notwithstanding GC Sub-Clause 14.1 above, the Employer
shall bear and promptly pay
(a)
all customs and import duties for the Plant specified in
Price Schedule No. 1; and
(b)
other domestic taxes such as, sales tax and value added
tax (VAT) on the Plant specified in Price Schedules No. 1
and No. 2 and that is to be incorporated into the Facilities,
and on the finished goods, imposed by the law of the
country where the Site is located.
14.3 If any tax exemptions, reductions, allowances or privileges may
be available to the Contractor in the country where the Site is
located, the Employer shall use its best endeavors to enable the
Contractor to benefit from any such tax savings to the
maximum allowable extent.
14.4 For the purpose of the Contract, it is agreed that the Contract
Price specified in Article 2 (Contract Price and Terms of
Payment) of the Contract Agreement is based on the taxes,
duties, levies and charges prevailing at the date twenty-eight
(28) days prior to the date of bid submission in the country
where the Site is located (hereinafter called “Tax” in this GC
Sub-Clause 14.4). If any rates of Tax are increased or
decreased, a new Tax is introduced, an existing Tax is
abolished, or any change in interpretation or application of any
Tax occurs in the course of the performance of Contract, which
was or will be assessed on the Contractor, Subcontractors or
their employees in connection with performance of the
Contract, an equitable adjustment of the Contract Price shall be
made to fully take into account any such change by addition to
the Contract Price or deduction therefrom, as the case may be,
in accordance with GC Clause 36 hereof.
D. Intellectual Property
254
15. License/Use of
Technical
Information
Section VII. General Conditions
15.1
For the operation and maintenance of the Plant, the Contractor
hereby grants a non-exclusive and non-transferable license
(without the right to sub-license) to the Employer under the
patents, utility models or other industrial property rights
owned by the Contractor or by a third Party from whom the
Contractor has received the right to grant licenses thereunder,
and shall also grant to the Employer a non-exclusive and nontransferable right (without the right to sub-license) to use the
know-how and other technical information disclosed to the
Employer under the Contract. Nothing contained herein shall
be construed as transferring ownership of any patent, utility
model, trademark, design, copyright, know-how or other
intellectual property right from the Contractor or any third
Party to the Employer.
15.2 The copyright in all drawings, documents and other materials
containing data and information furnished to the Employer by
the Contractor herein shall remain vested in the Contractor or,
if they are furnished to the Employer directly or through the
Contractor by any third Party, including suppliers of materials,
the copyright in such materials shall remain vested in such
third Party.
16. Confidential
Information
16.1 The Employer and the Contractor shall keep confidential and
shall not, without the written consent of the other Party hereto,
divulge to any third Party any documents, data or other
information furnished directly or indirectly by the other Party
hereto in connection with the Contract, whether such
information has been furnished prior to, during or following
termination of the Contract. Notwithstanding the above, the
Contractor may furnish to its Subcontractor(s) such
documents, data and other information it receives from the
Employer to the extent required for the Subcontractor(s) to
perform its work under the Contract, in which event the
Contractor shall obtain from such Subcontractor(s) an
undertaking of confidentiality similar to that imposed on the
Contractor under this GC Clause 16.
16.2 The Employer shall not use such documents, data and other
information received from the Contractor for any purpose
other than the operation and maintenance of the Facilities.
Similarly, the Contractor shall not use such documents, data
and other information received from the Employer for any
purpose other than the design, procurement of Plant,
construction or such other work and services as are required
for the performance of the Contract.
16.3 The obligation of a Party under GC Sub-Clauses 16.1 and 16.2
above, however, shall not apply to that information which
(a)
now or hereafter enters the public domain through no
fault of that Party
(b)
can be proven to have been possessed by that Party at the
Section VII. General Conditions
255
time of disclosure and which was not previously obtained,
directly or indirectly, from the other Party hereto
(c)
otherwise lawfully becomes available to that Party from
a third Party that has no obligation of confidentiality.
16.4 The above provisions of this GC Clause 16 shall not in any
way modify any undertaking of confidentiality given by either
of the Parties hereto prior to the date of the Contract in respect
of the Facilities or any part thereof.
16.5 The provisions of this GC Clause 16 shall survive termination,
for whatever reason, of the Contract.
E. Execution of the Facilities
17. Representatives
17.1 Project Manager
If the Project Manager is not named in the Contract, then within
fourteen (14) days of the Effective Date, the Employer shall
appoint and notify the Contractor in writing of the name of
the Project Manager. The Employer may from time to time
appoint some other person as the Project Manager in place of
the person previously so appointed, and shall give a notice of
the name of such other person to the Contractor without
delay. No such appointment shall be made at such a time or
in such a manner as to impede the progress of work on the
Facilities. Such appointment shall only take effect upon
receipt of such notice by the Contractor. The Project
Manager shall represent and act for the Employer at all times
during the performance of the Contract. All notices,
instructions, orders, certificates, approvals and all other
communications under the Contract shall be given by the
Project Manager, except as herein otherwise provided.
All
notices,
instructions,
information and other
communications given by the Contractor to the Employer
under the Contract shall be given to the Project Manager,
except as herein otherwise provided.
17.2 Contractor’s Representative & Construction Manager
17.2.1 If the Contractor’s Representative is not named in the
Contract, then within fourteen (14) days of the
Effective Date, the Contractor shall appoint the
Contractor’s Representative and shall request the
Employer in writing to approve the person so
appointed. If the Employer makes no objection to the
appointment within fourteen (14) days, the
Contractor’s Representative shall be deemed to have
been approved. If the Employer objects to the
appointment within fourteen (14) days giving the
reason therefor, then the Contractor shall appoint a
replacement within fourteen (14) days of such
256
Section VII. General Conditions
objection, and the foregoing provisions of this GC
Sub-Clause 17.2.1 shall apply thereto.
17.2.2 The Contractor’s Representative shall represent and
act for the Contractor at all times during the
performance of the Contract and shall give to the
Project Manager all the Contractor’s notices,
instructions, information and all other communications
under the Contract.
All notices, instructions, information and all other
communications given by the Employer or the Project
Manager to the Contractor under the Contract shall be given
to the Contractor’s Representative or, in its absence, its
deputy, except as herein otherwise provided.
The Contractor shall not revoke the appointment of the
Contractor’s Representative without the Employer’s prior
written consent, which shall not be unreasonably withheld. If
the Employer consents thereto, the Contractor shall appoint
some other person as the Contractor’s Representative,
pursuant to the procedure set out in GC Sub-Clause 17.2.1.
17.2.3 The Contractor’s Representative may, subject to the
approval of the Employer which shall not be unreasonably
withheld, at any time delegate to any person any of the
powers, functions and authorities vested in him or her. Any
such delegation may be revoked at any time. Any such
delegation or revocation shall be subject to a prior notice
signed by the Contractor’s Representative, and shall specify
the powers, functions and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect
unless and until a copy thereof has been delivered to the
Employer and the Project Manager.
Any act or exercise by any person of powers, functions and
authorities so delegated to him or her in accordance with this
GC Sub-Clause 17.2.3 shall be deemed to be an act or
exercise by the Contractor’s Representative.
17.2.4 From the commencement of installation of the Facilities at
the Site until Completion, the Contractor’s Representative
shall appoint a suitable person as the Construction Manager.
The Construction Manager shall supervise all work done at
the Site by the Contractor and shall be present at the Site
throughout normal working hours except when on leave, sick
or absent for reasons connected with the proper performance
of the Contract. Whenever the Construction Manager is
absent from the Site, a suitable person shall be appointed to
act as the Construction Manager’s deputy.
17.2.5 The Employer may by notice to the Contractor object to any
representative or person employed by the Contractor in the
execution of the Contract who, in the reasonable opinion of
Section VII. General Conditions
257
the Employer, may behave inappropriately, may be
incompetent or negligent, or may commit a serious breach of
the Site regulations provided under GC Sub-Clause 22.3. The
Employer shall provide evidence of the same, whereupon the
Contractor shall remove such person from the Facilities.
17.2.6 If any representative or person employed by the Contractor
is removed in accordance with GC Sub-Clause 17.2.5, the
Contractor shall, where required, promptly appoint a
replacement.
18. Work Program
18.1 Contractor’s Organization
The Contractor shall supply to the Employer and the Project
Manager a chart showing the proposed organization to be
established by the Contractor for carrying out work on the
Facilities within twenty-one (21) days of the Effective Date.
The chart shall include the identities of the key personnel and
the curricula vitae of such key personnel to be employed shall
be supplied together with the chart. The Contractor shall
promptly inform the Employer and the Project Manager in
writing of any revision or alteration of such an organization
chart.
18.2 Program of Performance
Within twenty-eight (28) days after the Effective Date, the
Contractor shall submit to the Project Manager a detailed
program of performance of the Contract, made in a form
acceptable to the Project Manager and showing the sequence
in which it proposes to design, manufacture, transport,
assemble, install and precommission the Facilities, as well as
the date by which the Contractor reasonably requires that the
Employer shall have fulfilled its obligations under the
Contract so as to enable the Contractor to execute the
Contract in accordance with the program and to achieve
Completion, Commissioning and Acceptance of the Facilities
in accordance with the Contract. The program so submitted
by the Contractor shall accord with the Time Schedule
included in the Appendix to the Contract Agreement titled
Time Schedule, and any other dates and periods specified in
the Contract. The Contractor shall update and revise the
program as and when appropriate or when required by the
Project Manager, but without modification in the Times for
Completion specified in the PC pursuant to Sub-Clause 8.2
and any extension granted in accordance with GC Clause 40,
and shall submit all such revisions to the Project Manager.
18.3 Progress Report
The Contractor shall monitor progress of all the activities
specified in the program referred to in GC Sub-Clause 18.2
above, and supply a progress report to the Project Manager
258
Section VII. General Conditions
every month.
The progress report shall be in a form acceptable to the
Project Manager and shall indicate: (a) percentage completion
achieved compared with the planned percentage completion
for each activity; and (b) where any activity is behind the
program, giving comments and likely consequences and
stating the corrective action being taken.
18.4 Progress of Performance
If at any time the Contractor’s actual progress falls behind the
program referred to in GC Sub-Clause 18.2, or it becomes
apparent that it will so fall behind, the Contractor shall, at the
request of the Employer or the Project Manager, prepare and
submit to the Project Manager a revised program, taking into
account the prevailing circumstances, and shall notify the
Project Manager of the steps being taken to expedite progress
so as to attain Completion of the Facilities within the Time for
Completion under GC Sub-Clause 8.2, any extension thereof
entitled under GC Sub-Clause 40.1, or any extended period as
may otherwise be agreed upon between the Employer and the
Contractor.
18.5 Procedures
The Contract shall be executed in accordance with the
Contract Documents including the procedures given in the
Forms and Procedures of the Employer’s Requirements.
The Contractor may execute the Contract in accordance with
its own standard project execution plans and procedures to the
extent that they do not conflict with the provisions contained
in the Contract.
19. Subcontracting
19.1 The Appendix to the Contract Agreement titled List of Major
Items of Plant and Installation Services and List of Approved
Subcontractors, specifies major items of supply or services
and a list of approved Subcontractors against each item,
including manufacturers. Insofar as no Subcontractors are
listed against any such item, the Contractor shall prepare a list
of Subcontractors for such item for inclusion in such list. The
Contractor may from time to time propose any addition to or
deletion from any such list. The Contractor shall submit any
such list or any modification thereto to the Employer for its
approval in sufficient time so as not to impede the progress of
work on the Facilities. Such approval by the Employer for
any of the Subcontractors shall not relieve the Contractor
from any of its obligations, duties or responsibilities under the
Contract.
19.2 The Contractor shall select and employ its Subcontractors for
such major items from those listed in the lists referred to in
GC Sub-Clause 19.1.
Section VII. General Conditions
259
19.3 For items or parts of the Facilities not specified in the
Appendix to the Contract Agreement titled List of Major
Items of Plant and Installation Services and List of Approved
Subcontractors, the Contractor may employ such
Subcontractors as it may select, at its discretion.
19.4 Each sub-contract shall include provisions which would
entitle the Employer to require the sub-contract to be
assigned to the Employer under GC 19.5 (if and when
applicable), or in event of termination by the Employer under
GC 42.2.
19.5 If a sub-contractor's obligations extend beyond the expiry
date of the relevant Defects Liability Period and the Project
Manager, prior to that date, instructs the Contractor to assign
the benefits of such obligations to the Employer, then the
Contractor shall do so.
20. Design and
Engineering
20.1 Specifications and Drawings
20.1.1 The Contractor shall execute the basic and detailed design
and the engineering work in compliance with the provisions
of the Contract, or where not so specified, in accordance with
good engineering practice.
The Contractor shall be responsible for any discrepancies,
errors or omissions in the specifications, drawings and other
technical documents that it has prepared, whether such
specifications, drawings and other documents have been
approved by the Project Manager or not, provided that such
discrepancies, errors or omissions are not because of
inaccurate information furnished in writing to the Contractor
by or on behalf of the Employer.
20.1.2 The Contractor shall be entitled to disclaim responsibility
for any design, data, drawing, specification or other
document, or any modification thereof provided or designated
by or on behalf of the Employer, by giving a notice of such
disclaimer to the Project Manager.
20.2 Codes and Standards
Wherever references are made in the Contract to codes and
standards in accordance with which the Contract shall be
executed, the edition or the revised version of such codes and
standards current at the date twenty-eight (28) days prior to
date of bid submission shall apply unless otherwise specified.
During Contract execution, any changes in such codes and
standards shall be applied subject to approval by the
Employer and shall be treated in accordance with GC Clause
39.
20.3 Approval/Review of Technical Documents by Project Manager
20.3.1 The
Contractor
shall
prepare
or
cause
its
260
Section VII. General Conditions
Subcontractors to prepare, and furnish to the Project
Manager the documents listed in the Appendix to the
Contract Agreement titled List of Documents for
Approval or Review, for its approval or review as
specified and in accordance with the requirements of
GC Sub-Clause 18.2 (Program of Performance).
Any part of the Facilities covered by or related to the
documents to be approved by the Project Manager
shall be executed only after the Project Manager’s
approval thereof.
GC Sub-Clauses 20.3.2 through 20.3.7 shall apply to
those documents requiring the Project Manager’s
approval, but not to those furnished to the Project
Manager for its review only.
20.3.2 Within fourteen (14) days after receipt by the Project
Manager of any document requiring the Project
Manager’s approval in accordance with GC SubClause 20.3.1, the Project Manager shall either return
one copy thereof to the Contractor with its approval
endorsed thereon or shall notify the Contractor in
writing of its disapproval thereof and the reasons
therefor and the modifications that the Project
Manager proposes.
If the Project Manager fails to take such action within
the said fourteen (14) days, then the said document
shall be deemed to have been approved by the Project
Manager.
20.3.3 The Project Manager shall not disapprove any
document, except on the grounds that the document
does not comply with the Contract or that it is contrary
to good engineering practice.
20.3.4 If the Project Manager disapproves the document, the
Contractor shall modify the document and resubmit it
for the Project Manager’s approval in accordance with
GC Sub-Clause 20.3.2. If the Project Manager
approves the document subject to modification(s), the
Contractor shall make the required modification(s),
whereupon the document shall be deemed to have been
approved.
20.3.5 If any dispute or difference occurs between the
Employer and the Contractor in connection with or
arising out of the disapproval by the Project Manager
of any document and/or any modification(s) thereto
that cannot be settled between the Parties within a
reasonable period, then such dispute or difference may
be referred to a Dispute Board for determination in
accordance with GC Sub-Clause 46.1 hereof. If such
Section VII. General Conditions
261
dispute or difference is referred to a Dispute Board,
the Project Manager shall give instructions as to
whether and if so, how, performance of the Contract is
to proceed. The Contractor shall proceed with the
Contract in accordance with the Project Manager’s
instructions, provided that if the Dispute Board
upholds the Contractor’s view on the dispute and if the
Employer has not given notice under GC Sub-Clause
46.3 hereof, then the Contractor shall be reimbursed
by the Employer for any additional costs incurred by
reason of such instructions and shall be relieved of
such responsibility or liability in connection with the
dispute and the execution of the instructions as the
Dispute Board shall decide, and the Time for
Completion shall be extended accordingly.
20.3.6 The Project Manager’s approval, with or without
modification of the document furnished by the
Contractor, shall not relieve the Contractor of any
responsibility or liability imposed upon it by any
provisions of the Contract except to the extent that any
subsequent failure results from modifications required
by the Project Manager.
20.3.7 The Contractor shall not depart from any approved
document unless the Contractor has first submitted to
the Project Manager an amended document and
obtained the Project Manager’s approval thereof,
pursuant to the provisions of this GC Sub-Clause 20.3.
If the Project Manager requests any change in any
already approved document and/or in any document
based thereon, the provisions of GC Clause 39 shall
apply to such request.
21. Procurement
21.1 Plant
Subject to GC Sub-Clause 14.2, the Contractor shall procure
and transport all Plant in an expeditious and orderly manner
to the Site.
21.2 Employer-Supplied Plant
If the Appendix to the Contract Agreement titled Scope of
Works and Supply by the Employer, provides that the
Employer shall furnish any specific items to the Contractor,
the following provisions shall apply:
21.2.1 The Employer shall, at its own risk and expense, transport
each item to the place on or near the Site as agreed upon by
the Parties and make such item available to the Contractor at
the time specified in the program furnished by the Contractor,
pursuant to GC Sub-Clause 18.2, unless otherwise mutually
262
Section VII. General Conditions
agreed.
21.2.2 Upon receipt of such item, the Contractor shall inspect the
same visually and notify the Project Manager of any detected
shortage, defect or default. The Employer shall immediately
remedy any shortage, defect or default, or the Contractor
shall, if practicable and possible, at the request of the
Employer, remedy such shortage, defect or default at the
Employer’s cost and expense. After inspection, such item
shall fall under the care, custody and control of the
Contractor. The provision of this GC Sub-Clause 21.2.2 shall
apply to any item supplied to remedy any such shortage or
default or to substitute for any defective item, or shall apply
to defective items that have been repaired.
21.2.3 The foregoing responsibilities of the Contractor and its
obligations of care, custody and control shall not relieve the
Employer of liability for any undetected shortage, defect or
default, nor place the Contractor under any liability for any
such shortage, defect or default whether under GC Clause 27
or under any other provision of Contract.
21.3 Transportation
21.3.1 The Contractor shall at its own risk and expense
transport all the materials and the Contractor’s
Equipment to the Site by the mode of transport that the
Contractor judges most suitable under all the
circumstances.
21.3.2 Unless otherwise provided in the Contract, the
Contractor shall be entitled to select any safe mode of
transport operated by any person to carry the materials
and the Contractor’s Equipment.
21.3.3 Upon dispatch of each shipment of materials and the
Contractor’s Equipment, the Contractor shall notify
the Employer by telex, cable, facsimile or electronic
means, of the description of the materials and of the
Contractor’s Equipment, the point and means of
dispatch, and the estimated time and point of arrival in
the country where the Site is located, if applicable, and
at the Site. The Contractor shall furnish the Employer
with relevant shipping documents to be agreed upon
between the Parties.
21.3.4 The Contractor shall be responsible for obtaining, if
necessary, approvals from the authorities for
transportation of the materials and the Contractor’s
Equipment to the Site. The Employer shall use its best
endeavors in a timely and expeditious manner to assist
the Contractor in obtaining such approvals, if
requested by the Contractor. The Contractor shall
indemnify and hold harmless the Employer from and
Section VII. General Conditions
263
against any claim for damage to roads, bridges or any
other traffic facilities that may be caused by the
transport of the materials and the Contractor’s
Equipment to the Site.
21.4 Customs Clearance
The Contractor shall, at its own expense, handle all imported
materials and Contractor’s Equipment at the point(s) of
import and shall handle any formalities for customs clearance,
subject to the Employer’s obligations under GC Sub-Clause
14.2, provided that if applicable laws or regulations require
any application or act to be made by or in the name of the
Employer, the Employer shall take all necessary steps to
comply with such laws or regulations. In the event of delays
in customs clearance that are not the fault of the Contractor,
the Contractor shall be entitled to an extension in the Time for
Completion, pursuant to GC Clause 40.
22. Installation
22.1 Setting Out/Supervision
22.1.1 Bench Mark: The Contractor shall be responsible for
the true and proper setting-out of the Facilities in
relation to bench marks, reference marks and lines
provided to it in writing by or on behalf of the
Employer.
If, at any time during the progress of installation of the
Facilities, any error shall appear in the position, level
or alignment of the Facilities, the Contractor shall
forthwith notify the Project Manager of such error and,
at its own expense, immediately rectify such error to
the reasonable satisfaction of the Project Manager. If
such error is based on incorrect data provided in
writing by or on behalf of the Employer, the expense
of rectifying the same shall be borne by the Employer.
22.1.2 Contractor’s Supervision: The Contractor shall give or
provide all necessary superintendence during the
installation of the Facilities, and the Construction
Manager or its deputy shall be constantly on the Site to
provide full-time superintendence of the installation.
The Contractor shall provide and employ only
technical personnel who are skilled and experienced in
their respective callings and supervisory staff who are
competent to adequately supervise the work at hand.
22.2 Labor:
22.2.1 Engagement of Staff and Labor
Except as otherwise stated in the Specification, the
Contractor shall make arrangements for the
engagement of all staff and labor, local or otherwise,
264
Section VII. General Conditions
and for their payment, housing, feeding and transport.
The Contractor shall provide and employ on the Site in
the installation of the Facilities such skilled, semiskilled and unskilled labor as is necessary for the
proper and timely execution of the Contract. The
Contractor is encouraged to use local labor that has the
necessary skills.
The Contractor shall be responsible for obtaining all
necessary permit(s) and/or visa(s) from the appropriate
authorities for the entry of all labor and personnel to be
employed on the Site into the country where the Site is
located. The Employer will, if requested by the
Contractor, use his best endeavors in a timely and
expeditious manner to assist the Contractor in
obtaining any local, state, national or government
permission required for bringing in the Contractor’s
personnel.
The Contractor shall at its own expense provide the
means of repatriation to all of its and its
Subcontractor’s personnel employed on the Contract at
the Site to the place where they were recruited or to
their domicile. It shall also provide suitable temporary
maintenance of all such persons from the cessation of
their employment on the Contract to the date
programmed for their departure. In the event that the
Contractor defaults in providing such means of
transportation and temporary maintenance, the
Employer may provide the same to such personnel and
recover the cost of doing so from the Contractor.
22.2.2 Persons in the Service of Employer
The Contractor shall not recruit, or attempt to recruit,
staff and labor from amongst the Employer’s
Personnel.
22.2.3 Labor Laws
The Contractor shall comply with all the relevant labor
Laws applicable to the Contractor’s Personnel,
including Laws relating to their employment, health,
safety, welfare, immigration and emigration, and shall
allow them all their legal rights.
The Contractor shall at all times during the progress of
the Contract use its best endeavors to prevent any
unlawful, riotous or disorderly conduct or behavior by
or amongst its employees and the labor of its
Subcontractors.
The Contractor shall, in all dealings with its labor and
the labor of its Subcontractors currently employed on
Section VII. General Conditions
265
or connected with the Contract, pay due regard to all
recognized festivals, official holidays, religious or
other customs and all local laws and regulations
pertaining to the employment of labor.
22.2.4 Rates of Wages and Conditions of Labor
The Contractor shall pay rates of wages, and observe
conditions of labor, which are not lower than those
established for the trade or industry where the work is
carried out. If no established rates or conditions are
applicable, the Contractor shall pay rates of wages and
observe conditions which are not lower than the
general level of wages and conditions observed locally
by employers whose trade or industry is similar to that
of the Contractor.
The Contractor shall inform the Contractor’s Personnel
about their liability to pay personal income taxes in the
Country in respect of such of their salaries, wages and
allowances as are chargeable under the Laws for the
time being in force, and the Contractor shall perform
such duties in regard to such deductions thereof as
may be imposed on him by such Laws.
22.2.5 Working Hours
No work shall be carried out on the Site on locally
recognized days of rest, or outside the normal working
hours stated in the PC, unless:
(a)
otherwise stated in the Contract,
(b)
the Project Manager gives consent, or
(c)
the work is unavoidable, or necessary for the
protection of life or property or for the safety of
the Works, in which case the Contractor shall
immediately advise the Project Manager.
If and when the Contractor considers it necessary to
carry out work at night or on public holidays so as to
meet the Time for Completion and requests the Project
Manager’s consent thereto, the Project Manager shall
not unreasonably withhold such consent.
This Sub-Clause shall not apply to any work which is
customarily carried out by rotary or double-shifts.
22.2.6 Facilities for Staff and Labor
Except as otherwise stated in the Specification, the
Contractor shall provide and maintain all necessary
accommodation and welfare facilities for the
Contractor’s Personnel. The Contractor shall also
provide facilities for the Employer’s Personnel as stated
266
Section VII. General Conditions
in the Specification.
The Contractor shall not permit any of the Contractor’s
Personnel to maintain any temporary or permanent
living quarters within the structures forming part of the
Permanent Works.
22.2.7 Health and Safety
The Contractor shall at all times take all reasonable
precautions to maintain the health and safety of the
Contractor’s Personnel. In collaboration with local
health authorities, the Contractor shall ensure that
medical staff, first aid facilities, sick bay and ambulance
service are available at all times at the Site and at any
accommodation for Contractor’s and Employer’s
Personnel, and that suitable arrangements are made for
all necessary welfare and hygiene requirements and for
the prevention of epidemics.
The Contractor shall appoint an accident prevention
officer at the Site, responsible for maintaining safety
and protection against accidents. This person shall be
qualified for this responsibility, and shall have the
authority to issue instructions and take protective
measures to prevent accidents. Throughout the
performance of the Contract, the Contractor shall
provide whatever is required by this person to exercise
this responsibility and authority.
The Contractor shall send to the Project Manager,
details of any accident as soon as practicable after its
occurrence. The Contractor shall maintain records and
make reports concerning health, safety and welfare of
persons, and damage to property, as the Engineer may
reasonably require.
The Contractor shall throughout the contract (including
the Defects Notification Period): (i) conduct
Information,
Education
and
Consultation
Communication (IEC) campaigns, at least every other
month, addressed to all the Site staff and labor
(including all the Contractor's employees, all SubContractors and Employer’s and Project Manager’s'
employees, and all truck drivers and crew making
deliveries to Site for construction activities) and to the
immediate local communities, concerning the risks,
dangers and impact, and appropriate avoidance behavior
with respect to of Sexually Transmitted Diseases
(STD)—or Sexually Transmitted Infections (STI) in
general and HIV/AIDS in particular; (ii) provide male
or female condoms for all Site staff and labor as
appropriate; and (iii) provide for STI and HIV/AIDS
screening, diagnosis, counseling and referral to a
Section VII. General Conditions
267
dedicated national STI and
HIV/AIDS program,
(unless otherwise agreed) of all Site staff and labor.
The Contractor shall include in the program to be
submitted for the execution of the Facilities under SubClause 18.2 an alleviation program for Site staff and labor
and their families in respect of Sexually Transmitted
Infections (STI) and Sexually Transmitted Diseases (STD)
including HIV/AIDS. The STI, STD and HIV/AIDS
alleviation program shall indicate when, how and at what
cost the Contractor plans to satisfy the requirements of this
Sub-Clause and the related specification. For each
component, the program shall detail the resources to be
provided or utilized and any related sub-contracting
proposed. The program shall also include provision of a
detailed cost estimate with supporting documentation.
Payment to the Contractor for preparation and
implementation this program shall not exceed the
Provisional Sum dedicated for this purpose.
22.2.8 Funeral Arrangements
In the event of the death of any of the Contractor’s
personnel or accompanying members of their families,
the Contractor shall be responsible for making the
appropriate arrangements for their return or burial,
unless otherwise specified in the PC.
22.2.9 Records of Contractor’s Personnel
The Contractor shall keep accurate records of the
Contractor’s personnel, including the number of each
class of Contractor’s Personnel on the Site and the
names, ages, genders, hours worked and wages paid to
all workers. These records shall be summarized on a
monthly basis in a form approved by the Project
Manager and shall be available for inspection by the
Project Manager until the Contractor has completed all
work.
22.2.10 Supply of Foodstuffs
The Contractor shall arrange for the provision of a
sufficient supply of suitable food as may be stated in
the Specification at reasonable prices for the
Contractor’s Personnel for the purposes of or in
connection with the Contract.
22.2.11 Supply of Water
The Contractor shall, having regard to local
conditions, provide on the Site an adequate supply of
drinking and other water for the use of the
Contractor’s Personnel.
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Section VII. General Conditions
22.2.12 Measures against Insect and Pest Nuisance
The Contractor shall at all times take the necessary
precautions to protect the Contractor’s Personnel
employed on the Site from insect and pest nuisance,
and to reduce their danger to health. The Contractor
shall comply with all the regulations of the local health
authorities, including use of appropriate insecticide.
22.2.13 Alcoholic Liquor or Drugs
The Contractor shall not, otherwise than in accordance
with the Laws of the Country, 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.
22.2.14 Arms and Ammunition
The Contractor shall not give, barter, or otherwise
dispose of, to any person, any arms or ammunition of
any kind, or allow Contractor's Personnel to do so.
22.2.15 Prohibition of All Forms of Forced or Compulsory
Labor
The contractor shall not employ “forced or compulsory
labor” in any form. “Forced or compulsory labor”
consists of all work or service, not voluntarily
performed, that is extracted from an individual under
threat of force or penalty.
22.2.16 Prohibition of Harmful Child Labor
The Contractor shall not employ any child to perform
any work that is economically exploitative, or is likely
to be hazardous to, or to interfere with, the child's
education, or to be harmful to the child's health or
physical, mental, spiritual, moral, or social
development.
22.3 Contractor’s Equipment
22.3.1 All Contractor’s Equipment brought by the Contractor
onto the Site shall be deemed to be intended to be used
exclusively for the execution of the Contract. The
Contractor shall not remove the same from the Site
without the Project Manager’s consent that such
Contractor’s Equipment is no longer required for the
execution of the Contract.
22.3.2 Unless otherwise specified in the Contract, upon
completion of the Facilities, the Contractor shall
remove from the Site all Equipment brought by the
Contractor onto the Site and any surplus materials
Section VII. General Conditions
269
remaining thereon.
22.3.3 The Employer will, if requested, use its best endeavors
to assist the Contractor in obtaining any local, state or
national government permission required by the
Contractor for the export of the Contractor’s
Equipment imported by the Contractor for use in the
execution of the Contract that is no longer required for
the execution of the Contract.
22.4 Site Regulations and Safety
The Employer and the Contractor shall establish Site
regulations setting out the rules to be observed in the
execution of the Contract at the Site and shall comply
therewith. The Contractor shall prepare and submit to the
Employer, with a copy to the Project Manager, proposed Site
regulations for the Employer’s approval, which approval shall
not be unreasonably withheld.
Such Site regulations shall include, but shall not be limited to,
rules in respect of security, safety of the Facilities, gate
control, sanitation, medical care, and fire prevention.
22.5 Opportunities for Other Contractors
22.5.1 The Contractor shall, upon written request from the
Employer or the Project Manager, give all reasonable
opportunities for carrying out the work to any other
contractors employed by the Employer on or near the
Site.
22.5.2 If the Contractor, upon written request from the
Employer or the Project Manager, makes available to
other contractors any roads or ways the maintenance
for which the Contractor is responsible, permits the
use by such other contractors of the Contractor’s
Equipment, or provides any other service of
whatsoever nature for such other contractors, the
Employer shall fully compensate the Contractor for
any loss or damage caused or occasioned by such other
contractors in respect of any such use or service, and
shall pay to the Contractor reasonable remuneration
for the use of such equipment or the provision of such
services.
22.5.3 The Contractor shall also so arrange to perform its
work as to minimize, to the extent possible,
interference with the work of other contractors. The
Project Manager shall determine the resolution of any
difference or conflict that may arise between the
Contractor and other contractors and the workers of
the Employer in regard to their work.
22.5.4 The Contractor shall notify the Project Manager
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Section VII. General Conditions
promptly of any defects in the other contractors’ work
that come to its notice, and that could affect the
Contractor’s work.
The Project Manager shall
determine the corrective measures, if any, required to
rectify the situation after inspection of the Facilities.
Decisions made by the Project Manager shall be
binding on the Contractor.
22.6 Emergency Work
If, by reason of an emergency arising in connection with and
during the execution of the Contract, any protective or
remedial work is necessary as a matter of urgency to prevent
damage to the Facilities, the Contractor shall immediately
carry out such work.
If the Contractor is unable or unwilling to do such work
immediately, the Employer may do or cause such work to be
done as the Employer may determine is necessary in order to
prevent damage to the Facilities. In such event the Employer
shall, as soon as practicable after the occurrence of any such
emergency, notify the Contractor in writing of such
emergency, the work done and the reasons therefor. If the
work done or caused to be done by the Employer is work that
the Contractor was liable to do at its own expense under the
Contract, the reasonable costs incurred by the Employer in
connection therewith shall be paid by the Contractor to the
Employer. Otherwise, the cost of such remedial work shall be
borne by the Employer.
22.7 Site Clearance
22.7.1 Site Clearance in Course of Performance: In the
course of carrying out the Contract, the Contractor
shall keep the Site reasonably free from all
unnecessary obstruction, store or remove any surplus
materials, clear away any wreckage, rubbish or
temporary works from the Site, and remove any
Contractor’s Equipment no longer required for
execution of the Contract.
22.7.2 Clearance of Site after Completion: After Completion
of all parts of the Facilities, the Contractor shall clear
away and remove all wreckage, rubbish and debris of
any kind from the Site, and shall leave the Site and
Facilities in a clean and safe condition.
22.8 Watching and Lighting
The Contractor shall provide and maintain at its own expense
all lighting, fencing, and watching when and where necessary
for the proper execution and the protection of the Facilities, or
for the safety of the owners and occupiers of adjacent
property and for the safety of the public.
Section VII. General Conditions
23. Test and
Inspection
271
23.1 The Contractor shall at its own expense carry out at the place
of manufacture and/or on the Site all such tests and/or
inspections of the Plant and any part of the Facilities as are
specified in the Contract.
23.2 The Employer and the Project Manager or their designated
representatives shall be entitled to attend the aforesaid test
and/or inspection, provided that the Employer shall bear all
costs and expenses incurred in connection with such
attendance including, but not limited to, all traveling and
board and lodging expenses.
23.3 Whenever the Contractor is ready to carry out any such test
and/or inspection, the Contractor shall give a reasonable
advance notice of such test and/or inspection and of the place
and time thereof to the Project Manager. The Contractor shall
obtain from any relevant third Party or manufacturer any
necessary permission or consent to enable the Employer and
the Project Manager or their designated representatives to
attend the test and/or inspection.
23.4 The Contractor shall provide the Project Manager with a
certified report of the results of any such test and/or
inspection.
If the Employer or Project Manager or their designated
representatives fails to attend the test and/or inspection, or if it
is agreed between the Parties that such persons shall not do
so, then the Contractor may proceed with the test and/or
inspection in the absence of such persons, and may provide
the Project Manager with a certified report of the results
thereof.
23.5 The Project Manager may require the Contractor to carry out
any test and/or inspection not required by the Contract,
provided that the Contractor’s reasonable costs and expenses
incurred in the carrying out of such test and/or inspection
shall be added to the Contract Price. Further, if such test
and/or inspection impede the progress of work on the
Facilities and/or the Contractor’s performance of its other
obligations under the Contract, due allowance will be made in
respect of the Time for Completion and the other obligations
so affected.
23.6 If any Plant or any part of the Facilities fails to pass any test
and/or inspection, the Contractor shall either rectify or replace
such Plant or part of the Facilities and shall repeat the test
and/or inspection upon giving a notice under GC Sub-Clause
23.3.
23.7 If any dispute or difference of opinion shall arise between the
Parties in connection with or arising out of the test and/or
inspection of the Plant or part of the Facilities that cannot be
settled between the Parties within a reasonable period of time,
272
Section VII. General Conditions
it may be referred to an Dispute Board for determination in
accordance with GC Sub-Clause 6.1.
23.8 The Contractor shall afford the Employer and the Project
Manager, at the Employer’s expense, access at any reasonable
time to any place where the Plant are being manufactured or
the Facilities are being installed, in order to inspect the
progress and the manner of manufacture or installation,
provided that the Project Manager shall give the Contractor a
reasonable prior notice.
23.9 The Contractor agrees that neither the execution of a test
and/or inspection of Plant or any part of the Facilities, nor the
attendance by the Employer or the Project Manager, nor the
issue of any test certificate pursuant to GC Sub-Clause 23.4,
shall release the Contractor from any other responsibilities
under the Contract.
23.10 No part of the Facilities or foundations shall be covered up on
the Site without the Contractor carrying out any test and/or
inspection required under the Contract. The Contractor shall
give a reasonable notice to the Project Manager whenever any
such parts of the Facilities or foundations are ready or about
to be ready for test and/or inspection; such test and/or
inspection and notice thereof shall be subject to the
requirements of the Contract.
23.11 The Contractor shall uncover any part of the Facilities or
foundations, or shall make openings in or through the same as
the Project Manager may from time to time require at the Site,
and shall reinstate and make good such part or parts.
If any parts of the Facilities or foundations have been covered
up at the Site after compliance with the requirement of GC
Sub-Clause 23.10 and are found to be executed in accordance
with the Contract, the expenses of uncovering, making
openings in or through, reinstating, and making good the
same shall be borne by the Employer, and the Time for
Completion shall be reasonably adjusted to the extent that the
Contractor has thereby been delayed or impeded in the
performance of any of its obligations under the Contract.
24. Completion of
the Facilities
24.1 As soon as the Facilities or any part thereof has, in the
opinion of the Contractor, been completed operationally and
structurally and put in a tight and clean condition as specified
in the Employer’s Requirements, excluding minor items not
materially affecting the operation or safety of the Facilities,
the Contractor shall so notify the Employer in writing.
24.2 Within seven (7) days after receipt of the notice from the
Contractor under GC Sub-Clause 24.1, the Employer shall
supply the operating and maintenance personnel specified in
the Appendix to the Contract Agreement titled Scope of
Works and Supply by the Employer for Precommissioning of
Section VII. General Conditions
273
the Facilities or any part thereof.
Pursuant to the Appendix to the Contract Agreement titled
Scope of Works and Supply by the Employer, the Employer
shall also provide, within the said seven (7) day period, the
raw materials, utilities, lubricants, chemicals, catalysts,
facilities, services and other matters required for
Precommissioning of the Facilities or any part thereof.
24.3 As soon as reasonably practicable after the operating and
maintenance personnel have been supplied by the Employer
and the raw materials, utilities, lubricants, chemicals,
catalysts, facilities, services and other matters have been
provided by the Employer in accordance with GC Sub-Clause
24.2, the Contractor shall commence Precommissioning of the
Facilities or the relevant part thereof in preparation for
Commissioning, subject to GC Sub-Clause 25.5.
24.4 As soon as all works in respect of Precommissioning are
completed and, in the opinion of the Contractor, the Facilities
or any part thereof is ready for Commissioning, the
Contractor shall so notify the Project Manager in writing.
24.5 The Project Manager shall, within fourteen (14) days after
receipt of the Contractor’s notice under GC Sub-Clause 24.4,
either issue a Completion Certificate in the form specified in
the Employer’s Requirements (Forms and Procedures), stating
that the Facilities or that part thereof have reached
Completion as of the date of the Contractor’s notice under GC
Sub-Clause 24.4, or notify the Contractor in writing of any
defects and/or deficiencies.
If the Project Manager notifies the Contractor of any defects
and/or deficiencies, the Contractor shall then correct such
defects and/or deficiencies, and shall repeat the procedure
described in GC Sub-Clause 24.4.
If the Project Manager is satisfied that the Facilities or that
part thereof have reached Completion, the Project Manager
shall, within seven (7) days after receipt of the Contractor’s
repeated notice, issue a Completion Certificate stating that the
Facilities or that part thereof have reached Completion as of
the date of the Contractor’s repeated notice.
If the Project Manager is not so satisfied, then it shall notify
the Contractor in writing of any defects and/or deficiencies
within seven (7) days after receipt of the Contractor’s
repeated notice, and the above procedure shall be repeated.
24.6 If the Project Manager fails to issue the Completion
Certificate and fails to inform the Contractor of any defects
and/or deficiencies within fourteen (14) days after receipt of
the Contractor’s notice under GC Sub-Clause 24.4 or within
seven (7) days after receipt of the Contractor’s repeated notice
274
Section VII. General Conditions
under GC Sub-Clause 24.5, or if the Employer makes use of
the Facilities or part thereof, then the Facilities or that part
thereof shall be deemed to have reached Completion as of the
date of the Contractor’s notice or repeated notice, or as of the
Employer’s use of the Facilities, as the case may be.
24.7 As soon as possible after Completion, the Contractor shall
complete all outstanding minor items so that the Facilities are
fully in accordance with the requirements of the Contract,
failing which the Employer will undertake such completion
and deduct the costs thereof from any monies owing to the
Contractor.
24.8 Upon Completion, the Employer shall be responsible for the
care and custody of the Facilities or the relevant part thereof,
together with the risk of loss or damage thereto, and shall
thereafter take over the Facilities or the relevant part thereof.
25. Commissioning
and Operational
Acceptance
25.1 Commissioning
25.1.1 Commissioning of the Facilities or any part thereof
shall be commenced by the Contractor immediately
after issue of the Completion Certificate by the Project
Manager, pursuant to GC Sub-Clause 24.5, or
immediately after the date of the deemed Completion,
under GC Sub-Clause 24.6.
25.1.2 The Employer shall supply the operating and
maintenance personnel and all raw materials, utilities,
lubricants, chemicals, catalysts, facilities, services and
other matters required for Commissioning.
25.1.3 In accordance with the requirements of the
Contract, the Contractor’s and Project Manager’s
advisory personnel shall attend the Commissioning,
including the Guarantee Test, and shall advise and
assist the Employer.
25.2 Guarantee Test
25.2.1 Subject to GC Sub-Clause 25.5, the Guarantee Test
and repeats thereof shall be conducted by the
Contractor during Commissioning of the Facilities or
the relevant part thereof to ascertain whether the
Facilities or the relevant part can attain the Functional
Guarantees specified in the Appendix to the Contract
Agreement titled Functional Guarantees.
The
Employer shall promptly provide the Contractor with
such information as the Contractor may reasonably
require in relation to the conduct and results of the
Guarantee Test and any repeats thereof.
25.2.2 If for reasons not attributable to the Contractor, the
Guarantee Test of the Facilities or the relevant part
Section VII. General Conditions
275
thereof cannot be successfully completed within the
period from the date of Completion specified in the
PC or any other period agreed upon by the Employer
and the Contractor, the Contractor shall be deemed to
have fulfilled its obligations with respect to the
Functional Guarantees, and GC Sub-Clauses 28.2 and
28.3 shall not apply.
25.3 Operational Acceptance
25.3.1 Subject to GC Sub-Clause 25.4 below, Operational
Acceptance shall occur in respect of the Facilities or any part
thereof when
(a)
the Guarantee Test has been successfully completed and
the Functional Guarantees are met; or
(b)
the Guarantee Test has not been successfully completed
or has not been carried out for reasons not attributable
to the Contractor within the period from the date of
Completion specified in the PC pursuant to GC SubClause 25.2.2 above or any other period agreed upon by
the Employer and the Contractor; or
(c)
the Contractor has paid the liquidated damages
specified in GC Sub-Clause 28.3 hereof; and
(d)
any minor items mentioned in GC Sub-Clause 24.7
hereof relevant to the Facilities or that part thereof have
been completed.
25.3.2 At any time after any of the events set out in GC SubClause 25.3.1 have occurred, the Contractor may give
a notice to the Project Manager requesting the issue of
an Operational Acceptance Certificate in the form
provided in the Employer’s Requirements (Forms and
Procedures) in respect of the Facilities or the part
thereof specified in such notice as of the date of such
notice.
25.3.3 The Project Manager shall, after consultation with the
Employer, and within seven (7) days after receipt of
the Contractor’s notice, issue an Operational
Acceptance Certificate.
25.3.4 If within seven (7) days after receipt of the
Contractor’s notice, the Project Manager fails to issue
the Operational Acceptance Certificate or fails to
inform the Contractor in writing of the justifiable
reasons why the Project Manager has not issued the
Operational Acceptance Certificate, the Facilities or
the relevant part thereof shall be deemed to have been
accepted as of the date of the Contractor’s said notice.
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Section VII. General Conditions
25.4 Partial Acceptance
25.4.1 If the Contract specifies that Completion and
Commissioning shall be carried out in respect of parts
of the Facilities, the provisions relating to Completion
and Commissioning including the Guarantee Test shall
apply to each such part of the Facilities individually,
and the Operational Acceptance Certificate shall be
issued accordingly for each such part of the Facilities.
25.4.2 If a part of the Facilities comprises facilities such as
buildings, for which no Commissioning or Guarantee
Test is required, then the Project Manager shall issue
the Operational Acceptance Certificate for such
facility when it attains Completion, provided that the
Contractor shall thereafter complete any outstanding
minor items that are listed in the Operational
Acceptance Certificate.
25.5 Delayed Precommissioning and/or Guarantee Test
25.5.1 In the event that the Contractor is unable to proceed
with the Precommissioning of the Facilities pursuant
to Sub-Clause 24.3, or with the Guarantee Test
pursuant to Sub-Clause 25.2, for reasons attributable to
the Employer either on account of non availability of
other facilities under the responsibilities of other
contractor(s), or for reasons beyond the Contractor’s
control, the provisions leading to “deemed”
completion of activities such as Completion, pursuant
to GC Sub-Clause 24.6, and Operational Acceptance,
pursuant to GC Sub-Clause 25.3.4, and Contractor’s
obligations regarding Defect Liability Period, pursuant
to GC Sub-Clause 27.2, Functional Guarantee,
pursuant to GC Clause 28, and Care of Facilities,
pursuant to GC Clause 32, and GC Clause 41.1,
Suspension, shall not apply. In this case, the following
provisions shall apply.
25.5.2 When the Contractor is notified by the Project
Manager that he will be unable to proceed with the
activities and obligations pursuant to above SubClause 13.1, the Contractor shall be entitled to the
following:
(a)
the Time of Completion shall be extended for the
period of suspension without imposition of
liquidated damages pursuant to GC Sub-Clause
26.2;
(b)
payments due to the Contractor in accordance
with the provision specified in the Appendix to
the Contract Agreement titled Terms and
Procedures of Payment, which would not have
Section VII. General Conditions
277
been payable in normal circumstances due to
non-completion of the subject activities, shall be
released to the Contractor against submission of
a security in the form of a bank guarantee of
equivalent amount acceptable to the Employer,
and which shall become null and void when the
Contractor will have complied with its
obligations regarding those payments, subject to
the provision of Sub-Clause 25.5.3 below;
(c)
the expenses towards the above security and
extension of other securities under the contract,
of which validity needs to be extended, shall be
reimbursed to the Contractor by the Employer;
(d)
the additional charges towards the care of the
Facilities pursuant to GC Sub-Clause 32.1 shall
be reimbursed to the Contractor by the Employer
for the period between the notification
mentioned above and the notification mentioned
in Sub-Clause 25.5.4 below. The provision of
GC Sub-Clause 33.2 shall apply to the Facilities
during the same period.
25.5.3 In the event that the period of suspension under above
Sub-Clause 25.5.1 actually exceeds one hundred
eighty (180) days, the Employer and Contractor shall
mutually agree to any additional compensation payable
to the Contractor.
25.5.4 When the Contractor is notified by the Project
Manager that the plant is ready for Precommissioning,
the Contractor shall proceed without delay in
performing Precommissioning in accordance with
Clause 24.
F. Guarantees and Liabilities
26. Completion
Time
Guarantee
26.1 The Contractor guarantees that it shall attain Completion of the
Facilities (or a part for which a separate time for completion is
specified) within the Time for Completion specified in the PC
pursuant to GC Sub-Clause 8.2, or within such extended time to
which the Contractor shall be entitled under GC Clause 40
hereof.
26.2 If the Contractor fails to attain Completion of the Facilities or
any part thereof within the Time for Completion or any
extension thereof under GC Clause 40, the Contractor shall pay
to the Employer liquidated damages in the amount specified in
the PC as a percentage rate of the Contract Price or the relevant
part thereof. The aggregate amount of such liquidated damages
shall in no event exceed the amount specified as “Maximum”
in the PC as a percentage rate of the Contract Price. Once the
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Section VII. General Conditions
“Maximum” is reached, the Employer may consider termination
of the Contract, pursuant to GC Sub-Clause 42.2.2.
Such payment shall completely satisfy the Contractor’s
obligation to attain Completion of the Facilities or the relevant
part thereof within the Time for Completion or any extension
thereof under GC Clause 40. The Contractor shall have no
further liability whatsoever to the Employer in respect thereof.
However, the payment of liquidated damages shall not in any
way relieve the Contractor from any of its obligations to
complete the Facilities or from any other obligations and
liabilities of the Contractor under the Contract.
Save for liquidated damages payable under this GC Sub-Clause
26.2, the failure by the Contractor to attain any milestone or
other act, matter or thing by any date specified in the Appendix
to the Contract Agreement titled Time Schedule, and/or other
program of work prepared pursuant to GC Sub-Clause 18.2 shall
not render the Contractor liable for any loss or damage thereby
suffered by the Employer.
26.3 If the Contractor attains Completion of the Facilities or any part
thereof before the Time for Completion or any extension thereof
under GC Clause 40, the Employer shall pay to the Contractor a
bonus in the amount specified in the PC. The aggregate amount
of such bonus shall in no event exceed the amount specified as
“Maximum” in the PC.
27. Defect
Liability
27.1 The Contractor warrants that the Facilities or any part thereof
shall be free from defects in the design, engineering, materials
and workmanship of the Plant supplied and of the work
executed.
27.2 The Defect Liability Period shall be five hundred and forty (540)
days from the date of Completion of the Facilities (or any part
thereof) or one year from the date of Operational Acceptance of
the Facilities (or any part thereof), whichever first occurs, unless
specified otherwise in the PC pursuant to GC Sub-Clause 27.10.
If during the Defect Liability Period any defect should be found
in the design, engineering, materials and workmanship of the
Plant supplied or of the work executed by the Contractor, the
Contractor shall promptly, in consultation and agreement with
the Employer regarding appropriate remedying of the defects,
and at its cost, repair, replace or otherwise make good as the
Contractor shall determine at its discretion, such defect as well
as any damage to the Facilities caused by such defect. The
Contractor shall not be responsible for the repair, replacement or
making good of any defect or of any damage to the Facilities
arising out of or resulting from any of the following causes:
(a)
improper operation or maintenance of the Facilities by the
Employer;
Section VII. General Conditions
279
(b)
operation of the Facilities outside specifications provided
in the Contract; or
(c)
normal wear and tear.
27.3 The Contractor’s obligations under this GC Clause 27 shall not
apply to:
(a)
any materials that are supplied by the Employer under GC
Sub-Clause 21.2, are normally consumed in operation, or
have a normal life shorter than the Defect Liability Period
stated herein;
(b)
any designs, specifications or other data designed, supplied
or specified by or on behalf of the Employer or any
matters for which the Contractor has disclaimed
responsibility herein; or
(c)
any other materials supplied or any other work executed
by or on behalf of the Employer, except for the work
executed by the Employer under GC Sub-Clause 27.7.
27.4 The Employer shall give the Contractor a notice stating the
nature of any such defect together with all available evidence
thereof, promptly following the discovery thereof.
The
Employer shall afford all reasonable opportunity for the
Contractor to inspect any such defect.
27.5 The Employer shall afford the Contractor all necessary access to
the Facilities and the Site to enable the Contractor to perform its
obligations under this GC Clause 27.
The Contractor may, with the consent of the Employer, remove
from the Site any Plant or any part of the Facilities that are
defective if the nature of the defect, and/or any damage to the
Facilities caused by the defect, is such that repairs cannot be
expeditiously carried out at the Site.
27.6 If the repair, replacement or making good is of such a character
that it may affect the efficiency of the Facilities or any part
thereof, the Employer may give to the Contractor a notice
requiring that tests of the defective part of the Facilities shall be
made by the Contractor immediately upon completion of such
remedial work, whereupon the Contractor shall carry out such
tests.
If such part fails the tests, the Contractor shall carry out further
repair, replacement or making good, as the case may be, until
that part of the Facilities passes such tests. The tests shall be
agreed upon by the Employer and the Contractor.
27.7 If the Contractor fails to commence the work necessary to
remedy such defect or any damage to the Facilities caused by
such defect within a reasonable time (which shall in no event be
considered to be less than fifteen (15) days), the Employer may,
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Section VII. General Conditions
following notice to the Contractor, proceed to do such work, and
the reasonable costs incurred by the Employer in connection
therewith shall be paid to the Employer by the Contractor or may
be deducted by the Employer from any monies due the
Contractor or claimed under the Performance Security.
27.8 If the Facilities or any part thereof cannot be used by reason of
such defect and/or making good of such defect, the Defect
Liability Period of the Facilities or such part, as the case may be,
shall be extended by a period equal to the period during which
the Facilities or such part cannot be used by the Employer
because of any of the aforesaid reasons.
27.9 Except as provided in GC Clauses 27 and 33, the Contractor
shall be under no liability whatsoever and howsoever arising,
and whether under the Contract or at law, in respect of defects in
the Facilities or any part thereof, the Plant, design or engineering
or work executed that appear after Completion of the Facilities
or any part thereof, except where such defects are the result of
the gross negligence, fraud, or criminal or willful action of the
Contractor.
27.10 In addition, any such component of the Facilities, and during the
period of time as may be specified in the PC, shall be subject to
an extended defect liability period. Such obligation of the
Contractor shall be in addition to the defect liability period
specified under GC Sub-Clause 27.2.
28. Functional
Guarantees
28.1 The Contractor guarantees that during the Guarantee Test, the
Facilities and all parts thereof shall attain the Functional
Guarantees specified in the Appendix to the Contract Agreement
titled Functional Guarantees, subject to and upon the conditions
therein specified.
28.2 If, for reasons attributable to the Contractor, the minimum level
of the Functional Guarantees specified in the Appendix to the
Contract Agreement titled Functional Guarantees, are not met
either in whole or in part, the Contractor shall at its cost and
expense make such changes, modifications and/or additions to
the Plant or any part thereof as may be necessary to meet at least
the minimum level of such Guarantees. The Contractor shall
notify the Employer upon completion of the necessary changes,
modifications and/or additions, and shall request the Employer
to repeat the Guarantee Test until the minimum level of the
Guarantees has been met. If the Contractor eventually fails to
meet the minimum level of Functional Guarantees, the Employer
may consider termination of the Contract, pursuant to GC SubClause 42.2.2.
28.3 If, for reasons attributable to the Contractor, the Functional
Guarantees specified in the Appendix to the Contract Agreement
titled Functional Guarantees, are not attained either in whole or
in part, but the minimum level of the Functional Guarantees
specified in the said Appendix to the Contract Agreement is met,
Section VII. General Conditions
281
the Contractor shall, at the Contractor’s option, either
(a)
make such changes, modifications and/or additions to the
Facilities or any part thereof that are necessary to attain the
Functional Guarantees at its cost and expense, and shall
request the Employer to repeat the Guarantee Test or
(b)
pay liquidated damages to the Employer in respect of the
failure to meet the Functional Guarantees in accordance
with the provisions in the Appendix to the Contract
Agreement titled Functional Guarantees.
28.4 The payment of liquidated damages under GC Sub-Clause 28.3,
up to the limitation of liability specified in the Appendix to the
Contract Agreement titled Functional Guarantees, shall
completely satisfy the Contractor’s guarantees under GC SubClause 28.3, and the Contractor shall have no further liability
whatsoever to the Employer in respect thereof. Upon the
payment of such liquidated damages by the Contractor, the
Project Manager shall issue the Operational Acceptance
Certificate for the Facilities or any part thereof in respect of
which the liquidated damages have been so paid.
29. Patent
Indemnity
29.1 The Contractor shall, subject to the Employer’s compliance with
GC Sub-Clause 29.2, indemnify and hold harmless the Employer
and its employees and officers from and against any and all
suits, actions or administrative proceedings, claims, demands,
losses, damages, costs, and expenses of whatsoever nature,
including attorney’s fees and expenses, which the Employer may
suffer as a result of any infringement or alleged infringement of
any patent, utility model, registered design, trademark, copyright
or other intellectual property right registered or otherwise
existing at the date of the Contract by reason of: (a) the
installation of the Facilities by the Contractor or the use of the
Facilities in the country where the Site is located; and (b) the
sale of the products produced by the Facilities in any country.
Such indemnity shall not cover any use of the Facilities or any
part thereof other than for the purpose indicated by or to be
reasonably inferred from the Contract, any infringement
resulting from the use of the Facilities or any part thereof, or any
products produced thereby in association or combination with
any other equipment, plant or materials not supplied by the
Contractor, pursuant to the Contract Agreement.
29.2 If any proceedings are brought or any claim is made against the
Employer arising out of the matters referred to in GC SubClause 29.1, the Employer shall promptly give the Contractor a
notice thereof, and the Contractor may at its own expense and in
the Employer’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight
(28) days after receipt of such notice that it intends to conduct
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Section VII. General Conditions
any such proceedings or claim, then the Employer shall be free
to conduct the same on its own behalf. Unless the Contractor
has so failed to notify the Employer within the twenty-eight (28)
day period, the Employer shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all
available assistance to the Contractor in conducting such
proceedings or claim, and shall be reimbursed by the Contractor
for all reasonable expenses incurred in so doing.
29.3 The Employer shall indemnify and hold harmless the Contractor
and its employees, officers and Subcontractors from and against
any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of whatsoever
nature, including attorney’s fees and expenses, which the
Contractor may suffer as a result of any infringement or alleged
infringement of any patent, utility model, registered design,
trademark, copyright or other intellectual property right
registered or otherwise existing at the date of the Contract
arising out of or in connection with any design, data, drawing,
specification, or other documents or materials provided or
designed by or on behalf of the Employer.
30. Limitation of
Liability
30.1 Except in cases of criminal negligence or willful misconduct,
(a)
neither Party shall be liable to the other Party, whether in
contract, tort, or otherwise, for any indirect or
consequential loss or damage, loss of use, loss of
production, or loss of profits or interest costs, which may
be suffered by the other Party in connection with the
Contract, other than specifically provided as any
obligation of the Party in the Contract, and
(b)
the aggregate liability of the Contractor to the Employer,
whether under the Contract, in tort or otherwise, shall not
exceed the amount resulting from the application of the
multiplier specified in the PC, to the Contract Price or, if
a multiplier is not so specified, the total Contract Price,
provided that this limitation shall not apply to the cost of
repairing or replacing defective equipment, or to any
obligation of the Contractor to indemnify the Employer
with respect to patent infringement.
G. Risk Distribution
31. Transfer of
Ownership
31.1 Ownership of the Plant (including spare parts) to be imported
into the country where the Site is located shall be transferred to
the Employer upon loading on to the mode of transport to be
used to convey the Plant from the country of origin to that
country.
31.2 Ownership of the Plant (including spare parts) procured in the
country where the Site is located shall be transferred to the
Section VII. General Conditions
283
Employer when the Plant are brought on to the Site.
31.3 Ownership of the Contractor’s Equipment used by the
Contractor and its Subcontractors in connection with the
Contract shall remain with the Contractor or its Subcontractors.
31.4 Ownership of any Plant in excess of the requirements for the
Facilities shall revert to the Contractor upon Completion of the
Facilities or at such earlier time when the Employer and the
Contractor agree that the Plant in question are no longer required
for the Facilities.
31.5 Notwithstanding the transfer of ownership of the Plant, the
responsibility for care and custody thereof together with the risk
of loss or damage thereto shall remain with the Contractor
pursuant to GC Clause 32 (Care of Facilities) hereof until
Completion of the Facilities or the part thereof in which such
Plant are incorporated.
32. Care of
Facilities
32.1 The Contractor shall be responsible for the care and custody of the
Facilities or any part thereof until the date of Completion of the
Facilities pursuant to GC Clause 24 or, where the Contract provides
for Completion of the Facilities in parts, until the date of
Completion of the relevant part, and shall make good at its own
cost any loss or damage that may occur to the Facilities or the
relevant part thereof from any cause whatsoever during such
period. The Contractor shall also be responsible for any loss or
damage to the Facilities caused by the Contractor or its
Subcontractors in the course of any work carried out, pursuant to
GC Clause 27. Notwithstanding the foregoing, the Contractor shall
not be liable for any loss or damage to the Facilities or that part
thereof caused by reason of any of the matters specified or referred
to in paragraphs (a), (b) and (c) of GC Sub-Clauses 32.2 and 38.1.
32.2 If any loss or damage occurs to the Facilities or any part thereof
or to the Contractor’s temporary facilities by reason of
(a)
insofar as they relate to the country where the Site is located,
nuclear
reaction,
nuclear
radiation,
radioactive
contamination, pressure wave caused by aircraft or other
aerial objects, or any other occurrences that an experienced
contractor could not reasonably foresee, or if reasonably
foreseeable could not reasonably make provision for or
insure against, insofar as such risks are not normally
insurable on the insurance market and are mentioned in the
general exclusions of the policy of insurance, including War
Risks and Political Risks, taken out under GC Clause 34
hereof; or
(b)
any use or occupation by the Employer or any third Party
other than a Subcontractor, authorized by the Employer of
any part of the Facilities; or
(c)
any use of or reliance upon any design, data or
specification provided or designated by or on behalf of the
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Section VII. General Conditions
Employer, or any such matter for which the Contractor has
disclaimed responsibility herein,
the Employer shall pay to the Contractor all sums payable in
respect of the Facilities executed, notwithstanding that the same
be lost, destroyed or damaged, and will pay to the Contractor the
replacement value of all temporary facilities and all parts thereof
lost, destroyed or damaged. If the Employer requests the
Contractor in writing to make good any loss or damage to the
Facilities thereby occasioned, the Contractor shall make good
the same at the cost of the Employer in accordance with GC
Clause 39. If the Employer does not request the Contractor in
writing to make good any loss or damage to the Facilities
thereby occasioned, the Employer shall either request a change
in accordance with GC Clause 39, excluding the performance of
that part of the Facilities thereby lost, destroyed or damaged, or,
where the loss or damage affects a substantial part of the
Facilities, the Employer shall terminate the Contract pursuant to
GC Sub-Clause 42.1 hereof.
32.3 The Contractor shall be liable for any loss of or damage to any
Contractor’s Equipment, or any other property of the Contractor
used or intended to be used for purposes of the Facilities, except
(i) as mentioned in GC Sub-Clause 32.2 with respect to the
Contractor’s temporary facilities, and (ii) where such loss or
damage arises by reason of any of the matters specified in GC
Sub-Clauses 32.2 (b) and (c) and 38.1.
32.4 With respect to any loss or damage caused to the Facilities or
any part thereof or to the Contractor’s Equipment by reason of
any of the matters specified in GC Sub-Clause 38.1, the
provisions of GC Sub-Clause 38.3 shall apply.
33. Loss of or
Damage to
Property;
Accident or
Injury to
Workers;
Indemnification
33.1 Subject to GC Sub-Clause 33.3, the Contractor shall indemnify
and hold harmless the Employer and its employees and officers
from and against any and all suits, actions or administrative
proceedings, claims, demands, losses, damages, costs, and
expenses of whatsoever nature, including attorney’s fees and
expenses, in respect of the death or injury of any person or loss
of or damage to any property other than the Facilities whether
accepted or not, arising in connection with the supply and
installation of the Facilities and by reason of the negligence of
the Contractor or its Subcontractors, or their employees, officers
or agents, except any injury, death or property damage caused by
the negligence of the Employer, its contractors, employees,
officers or agents.
33.2 If any proceedings are brought or any claim is made against the
Employer that might subject the Contractor to liability under GC
Sub-Clause 33.1, the Employer shall promptly give the
Contractor a notice thereof and the Contractor may at its own
expense and in the Employer’s name conduct such proceedings
or claim and any negotiations for the settlement of any such
Section VII. General Conditions
285
proceedings or claim.
If the Contractor fails to notify the Employer within twenty-eight
(28) days after receipt of such notice that it intends to conduct
any such proceedings or claim, then the Employer shall be free
to conduct the same on its own behalf. Unless the Contractor
has so failed to notify the Employer within the twenty-eight (28)
day period, the Employer shall make no admission that may be
prejudicial to the defense of any such proceedings or claim.
The Employer shall, at the Contractor’s request, afford all
available assistance to the Contractor in conducting such
proceedings or claim, and shall be reimbursed by the Contractor
for all reasonable expenses incurred in so doing.
33.3 The Employer shall indemnify and hold harmless the Contractor
and its employees, officers and Subcontractors from any liability
for loss of or damage to property of the Employer, other than the
Facilities not yet taken over, that is caused by fire, explosion or
any other perils, in excess of the amount recoverable from
insurances procured under GC Clause 34, provided that such
fire, explosion or other perils were not caused by any act or
failure of the Contractor.
33.4 The Party entitled to the benefit of an indemnity under this GC
Clause 33 shall take all reasonable measures to mitigate any loss
or damage which has occurred. If the Party fails to take such
measures, the other Party’s liabilities shall be correspondingly
reduced.
34. Insurance
34.1 To the extent specified in the Appendix to the Contract
Agreement titled Insurance Requirements, the Contractor shall at
its expense take out and maintain in effect, or cause to be taken
out and maintained in effect, during the performance of the
Contract, the insurances set forth below in the sums and with the
deductibles and other conditions specified in the said Appendix.
The identity of the insurers and the form of the policies shall be
subject to the approval of the Employer, who should not
unreasonably withhold such approval.
(a)
Cargo Insurance During Transport
Covering loss or damage occurring while in transit from
the Contractor’s or Subcontractor’s works or stores until
arrival at the Site, to the Plant (including spare parts
therefor) and to the Contractor’s Equipment.
(b)
Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the
Site, occurring prior to Completion of the Facilities, with
an extended maintenance coverage for the Contractor’s
liability in respect of any loss or damage occurring during
the Defect Liability Period while the Contractor is on the
Site for the purpose of performing its obligations during
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Section VII. General Conditions
the Defect Liability Period.
(c)
Third Party Liability Insurance
Covering bodily injury or death suffered by third Parties
including the Employer’s personnel, and loss of or damage
to property occurring in connection with the supply and
installation of the Facilities.
(d)
Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its
Subcontractors, whether or not owned by them, in
connection with the execution of the Contract.
(e)
Workers’ Compensation
In accordance with the statutory requirements applicable in
any country where the Contract or any part thereof is
executed.
(f)
Employer’s Liability
In accordance with the statutory requirements applicable in
any country where the Contract or any part thereof is
executed.
(g)
Other Insurances
Such other insurances as may be specifically agreed upon
by the Parties hereto as listed in the Appendix to the
Contract Agreement titled Insurance Requirements.
34.2 The Employer shall be named as co-insured under all insurance
policies taken out by the Contractor pursuant to GC Sub-Clause
34.1, except for the Third Party Liability, Workers’
Compensation and Employer’s Liability Insurances, and the
Contractor’s Subcontractors shall be named as co-insureds under
all insurance policies taken out by the Contractor pursuant to GC
Sub-Clause 34.1 except for the Cargo Insurance During
Transport, Workers’ Compensation and Employer’s Liability
Insurances. All insurer’s rights of subrogation against such coinsureds for losses or claims arising out of the performance of
the Contract shall be waived under such policies.
34.3 The Contractor shall, in accordance with the provisions of the
Appendix to the Contract Agreement titled Insurance
Requirements, deliver to the Employer certificates of insurance
or copies of the insurance policies as evidence that the required
policies are in full force and effect. The certificates shall
provide that no less than twenty-one (21) days’ notice shall be
given to the Employer by insurers prior to cancellation or
material modification of a policy.
34.4 The Contractor shall ensure that, where applicable, its
Subcontractor(s) shall take out and maintain in effect adequate
Section VII. General Conditions
287
insurance policies for their personnel and vehicles and for work
executed by them under the Contract, unless such Subcontractors
are covered by the policies taken out by the Contractor.
34.5 The Employer shall at its expense take out and maintain in effect
during the performance of the Contract those insurances
specified in the Appendix to the Contract Agreement titled
Insurance Requirements, in the sums and with the deductibles
and other conditions specified in the said Appendix. The
Contractor and the Contractor’s Subcontractors shall be named
as co-insureds under all such policies. All insurers’ rights of
subrogation against such co-insureds for losses or claims arising
out of the performance of the Contract shall be waived under
such policies. The Employer shall deliver to the Contractor
satisfactory evidence that the required insurances are in full
force and effect. The policies shall provide that not less than
twenty-one (21) days’ notice shall be given to the Contractor by
all insurers prior to any cancellation or material modification of
the policies. If so requested by the Contractor, the Employer
shall provide copies of the policies taken out by the Employer
under this GC Sub-Clause 34.5.
34.6 If the Contractor fails to take out and/or maintain in effect the
insurances referred to in GC Sub-Clause 34.1, the Employer may
take out and maintain in effect any such insurances and may
from time to time deduct from any amount due the Contractor
under the Contract any premium that the Employer shall have
paid to the insurer, or may otherwise recover such amount as a
debt due from the Contractor. If the Employer fails to take out
and/or maintain in effect the insurances referred to in GC 34.5,
the Contractor may take out and maintain in effect any such
insurances and may from time to time deduct from any amount
due the Employer under the Contract any premium that the
Contractor shall have paid to the insurer, or may otherwise
recover such amount as a debt due from the Employer. If the
Contractor fails to or is unable to take out and maintain in effect
any such insurances, the Contractor shall nevertheless have no
liability or responsibility towards the Employer, and the
Contractor shall have full recourse against the Employer for any
and all liabilities of the Employer herein.
34.7 Unless otherwise provided in the Contract, the Contractor shall
prepare and conduct all and any claims made under the policies
effected by it pursuant to this GC Clause 34, and all monies
payable by any insurers shall be paid to the Contractor. The
Employer shall give to the Contractor all such reasonable
assistance as may be required by the Contractor. With respect to
insurance claims in which the Employer’s interest is involved,
the Contractor shall not give any release or make any
compromise with the insurer without the prior written consent of
the Employer. With respect to insurance claims in which the
Contractor’s interest is involved, the Employer shall not give
any release or make any compromise with the insurer without
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the prior written consent of the Contractor.
35. Unforeseen
Conditions
35.1 If, during the execution of the Contract, the Contractor shall
encounter on the Site any physical conditions other than climatic
conditions, or artificial obstructions that could not have been
reasonably foreseen prior to the date of the Contract Agreement
by an experienced contractor on the basis of reasonable
examination of the data relating to the Facilities including any
data as to boring tests, provided by the Employer, and on the
basis of information that it could have obtained from a visual
inspection of the Site if access thereto was available, or other
data readily available to it relating to the Facilities, and if the
Contractor determines that it will in consequence of such
conditions or obstructions incur additional cost and expense or
require additional time to perform its obligations under the
Contract that would not have been required if such physical
conditions or artificial obstructions had not been encountered,
the Contractor shall promptly, and before performing additional
work or using additional Plant or Contractor’s Equipment, notify
the Project Manager in writing of
(a)
the physical conditions or artificial obstructions on the Site
that could not have been reasonably foreseen;
(b)
the additional work and/or Plant and/or Contractor’s
Equipment required, including the steps which the
Contractor will or proposes to take to overcome such
conditions or obstructions;
(c)
the extent of the anticipated delay; and
(d)
the additional cost and expense that the Contractor is likely
to incur.
On receiving any notice from the Contractor under this GC SubClause 35.1, the Project Manager shall promptly consult with the
Employer and Contractor and decide upon the actions to be
taken to overcome the physical conditions or artificial
obstructions encountered. Following such consultations, the
Project Manager shall instruct the Contractor, with a copy to the
Employer, of the actions to be taken.
35.2 Any reasonable additional cost and expense incurred by the
Contractor in following the instructions from the Project
Manager to overcome such physical conditions or artificial
obstructions referred to in GC Sub-Clause 35.1 shall be paid by
the Employer to the Contractor as an addition to the Contract
Price.
If the Contractor is delayed or impeded in the performance of the
Contract because of any such physical conditions or artificial
obstructions referred to in GC Sub-Clause 35.1, the Time for
Completion shall be extended in accordance with GC Clause 40.
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289
36. Change in
Laws and
Regulations
36.1 If, after the date twenty-eight (28) days prior to the date of Bid
submission, in the country where the Site is located, any law,
regulation, ordinance, order or by-law having the force of law is
enacted, promulgated, abrogated or changed which shall be
deemed to include any change in interpretation or application by
the competent authorities, that subsequently affects the costs and
expenses of the Contractor and/or the Time for Completion, the
Contract Price shall be correspondingly increased or decreased,
and/or the Time for Completion shall be reasonably adjusted to
the extent that the Contractor has thereby been affected in the
performance of any of its obligations under the Contract.
Notwithstanding the foregoing, such additional or reduced costs
shall not be separately paid or credited if the same has already
been accounted for in the price adjustment provisions where
applicable, in accordance with the PC pursuant to GC SubClause 11.2.
37. Force
Majeure
37.1 “Force Majeure” shall mean any event beyond the reasonable
control of the Employer or of the Contractor, as the case may be,
and which is unavoidable notwithstanding the reasonable care of
the Party affected, and shall include, without limitation, the
following:
(a)
war, hostilities or warlike operations whether a state of
war be declared or not, invasion, act of foreign enemy and
civil war
(b)
rebellion, revolution, insurrection, mutiny, usurpation of
civil or military government, conspiracy, riot, civil
commotion and terrorist acts
(c)
confiscation, nationalization, mobilization, commandeering
or requisition by or under the order of any government or de
jure or de facto authority or ruler or any other act or failure to
act of any local state or national government authority
(d)
strike, sabotage, lockout, embargo, import restriction, port
congestion, lack of usual means of public transportation
and communication, industrial dispute, shipwreck,
shortage or restriction of power supply, epidemics,
quarantine and plague
(e)
earthquake, landslide, volcanic activity, fire, flood or
inundation, tidal wave, typhoon or cyclone, hurricane,
storm, lightning, or other inclement weather condition,
nuclear and pressure waves or other natural or physical
disaster
(f)
shortage of labor, materials or utilities where caused by
circumstances that are themselves Force Majeure.
37.2 If either Party is prevented, hindered or delayed from or in
performing any of its obligations under the Contract by an event
of Force Majeure, then it shall notify the other in writing of the
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Section VII. General Conditions
occurrence of such event and the circumstances thereof within
fourteen (14) days after the occurrence of such event.
37.3 The Party who has given such notice shall be excused from the
performance or punctual performance of its obligations under
the Contract for so long as the relevant event of Force Majeure
continues and to the extent that such Party’s performance is
prevented, hindered or delayed. The Time for Completion shall
be extended in accordance with GC Clause 40.
37.4 The Party or Parties affected by the event of Force Majeure shall
use reasonable efforts to mitigate the effect thereof upon its or
their performance of the Contract and to fulfill its or their
obligations under the Contract, but without prejudice to either
Party’s right to terminate the Contract under GC Sub-Clauses
37.6 and 38.5.
37.5 No delay or nonperformance by either Party hereto caused by
the occurrence of any event of Force Majeure shall
(a)
constitute a default or breach of the Contract, or
(b)
give rise to any claim for damages or additional cost or
expense occasioned thereby, subject to GC Sub-Clauses
32.2, 38.3 and 38.4
if and to the extent that such delay or nonperformance is caused
by the occurrence of an event of Force Majeure.
37.6 If the performance of the Contract is substantially prevented,
hindered or delayed for a single period of more than sixty (60)
days or an aggregate period of more than one hundred and
twenty (120) days on account of one or more events of Force
Majeure during the currency of the Contract, the Parties will
attempt to develop a mutually satisfactory solution, failing which
either Party may terminate the Contract by giving a notice to the
other, but without prejudice to either Party’s right to terminate
the Contract under GC Sub-Clause 38.5.
37.7 In the event of termination pursuant to GC Sub-Clause 37.6, the
rights and obligations of the Employer and the Contractor shall
be as specified in GC Sub-Clauses 42.1.2 and 42.1.3.
37.8 Notwithstanding GC Sub-Clause 37.5, Force Majeure shall not
apply to any obligation of the Employer to make payments to the
Contractor herein.
38. War Risks
38.1 “War Risks” shall mean any event specified in paragraphs (a)
and (b) of GC Sub-Clause 37.1 and any explosion or impact of
any mine, bomb, shell, grenade or other projectile, missile,
munitions or explosive of war, occurring or existing in or near
the country (or countries) where the Site is located.
38.2 Notwithstanding anything contained in the Contract, the Contractor
shall have no liability whatsoever for or with respect to
Section VII. General Conditions
291
(a)
destruction of or damage to Facilities, Plant, or any part
thereof;
(b)
destruction of or damage to property of the Employer or
any third Party; or
(c)
injury or loss of life
if such destruction, damage, injury or loss of life is caused by
any War Risks, and the Employer shall indemnify and hold the
Contractor harmless from and against any and all claims,
liabilities, actions, lawsuits, damages, costs, charges or expenses
arising in consequence of or in connection with the same.
38.3 If the Facilities or any Plant or Contractor’s Equipment or any
other property of the Contractor used or intended to be used for
the purposes of the Facilities shall sustain destruction or damage
by reason of any War Risks, the Employer shall pay the
Contractor for
(a)
any part of the Facilities or the Plant so destroyed or
damaged to the extent not already paid for by the
Employer
and so far as may be required by the Employer, and as may
be necessary for completion of the Facilities
(b)
replacing or making good any Contractor’s Equipment or
other property of the Contractor so destroyed or damaged
(c)
replacing or making good any such destruction or damage
to the Facilities or the Plant or any part thereof .
If the Employer does not require the Contractor to replace or
make good any such destruction or damage to the Facilities, the
Employer shall either request a change in accordance with GC
Clause 39, excluding the performance of that part of the
Facilities thereby destroyed or damaged or, where the loss,
destruction or damage affects a substantial part of the Facilities,
shall terminate the Contract, pursuant to GC Sub-Clause 42.1.
If the Employer requires the Contractor to replace or make good
on any such destruction or damage to the Facilities, the Time for
Completion shall be extended in accordance with GC 40.
38.4 Notwithstanding anything contained in the Contract, the
Employer shall pay the Contractor for any increased costs or
incidentals to the execution of the Contract that are in any way
attributable to, consequent on, resulting from, or in any way
connected with any War Risks, provided that the Contractor
shall as soon as practicable notify the Employer in writing of any
such increased cost.
38.5 If during the performance of the Contract any War Risks shall
occur that financially or otherwise materially affect the
execution of the Contract by the Contractor, the Contractor shall
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Section VII. General Conditions
use its reasonable efforts to execute the Contract with due and
proper consideration given to the safety of its and its
Subcontractors’ personnel engaged in the work on the Facilities,
provided, however, that if the execution of the work on the
Facilities becomes impossible or is substantially prevented for a
single period of more than sixty (60) days or an aggregate period
of more than one hundred and twenty (120) days on account of
any War Risks, the Parties will attempt to develop a mutually
satisfactory solution, failing which either Party may terminate
the Contract by giving a notice to the other.
38.6 In the event of termination pursuant to GC Sub-Clauses 38.3 or
38.5, the rights and obligations of the Employer and the
Contractor shall be specified in GC Sub-Clauses 42.1.2 and
42.1.3.
H. Change in Contract Elements
39. Change in the
Facilities
39.1 Introducing a Change
39.1.1 Subject to GC Sub-Clauses 39.2.5 and 39.2.7, the
Employer shall have the right to propose, and subsequently
require, that the Project Manager order the Contractor
from time to time during the performance of the Contract
to make any change, modification, addition or deletion to,
in or from the Facilities hereinafter called “Change”,
provided that such Change falls within the general scope
of the Facilities and does not constitute unrelated work and
that it is technically practicable, taking into account both
the state of advancement of the Facilities and the technical
compatibility of the Change envisaged with the nature of
the Facilities as specified in the Contract.
39.1.2 The Contractor may from time to time during its
performance of the Contract propose to the Employer with
a copy to the Project Manager, any Change that the
Contractor considers necessary or desirable to improve the
quality, efficiency or safety of the Facilities. The
Employer may at its discretion approve or reject any
Change proposed by the Contractor, provided that the
Employer shall approve any Change proposed by the
Contractor to ensure the safety of the Facilities.
39.1.3 Notwithstanding GC Sub-Clauses 39.1.1 and 39.1.2, no
change made necessary because of any default of the
Contractor in the performance of its obligations under the
Contract shall be deemed to be a Change, and such change
shall not result in any adjustment of the Contract Price or
the Time for Completion.
39.1.4 The procedure on how to proceed with and execute
Changes is specified in GC Sub-Clauses 39.2 and 39.3,
and further details and forms are provided in the
Section VII. General Conditions
293
Employer’s Requirements (Forms and Procedures).
39.2 Changes Originating from Employer
39.2.1 If the Employer proposes a Change pursuant to GC SubClause 39.1.1, it shall send to the Contractor a “Request
for Change Proposal,” requiring the Contractor to prepare
and furnish to the Project Manager as soon as reasonably
practicable a “Change Proposal,” which shall include the
following:
(a)
brief description of the Change
(b)
effect on the Time for Completion
(c)
estimated cost of the Change
(d)
effect on Functional Guarantees (if any)
(e)
effect on the Facilities
(f)
effect on any other provisions of the Contract.
39.2.2 Prior to preparing and submitting the “Change Proposal,”
the Contractor shall submit to the Project Manager an
“Estimate for Change Proposal,” which shall be an
estimate of the cost of preparing and submitting the
Change Proposal.
Upon receipt of the Contractor’s Estimate for Change
Proposal, the Employer shall do one of the following:
(a)
accept the Contractor’s estimate with instructions
to the Contractor to proceed with the preparation
of the Change Proposal
(b)
advise the Contractor of any part of its Estimate
for Change Proposal that is unacceptable and
request the Contractor to review its estimate
(c)
advise the Contractor that the Employer does not
intend to proceed with the Change.
39.2.3 Upon receipt of the Employer’s instruction to proceed
under GC Sub-Clause 39.2.2 (a), the Contractor shall,
with proper expedition, proceed with the preparation of
the Change Proposal, in accordance with GC Sub-Clause
39.2.1.
39.2.4 The pricing of any Change shall, as far as practicable, be
calculated in accordance with the rates and prices
included in the Contract. If such rates and prices are
inequitable, the Parties thereto shall agree on specific
rates for the valuation of the Change.
39.2.5 If before or during the preparation of the Change
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Section VII. General Conditions
Proposal it becomes apparent that the aggregate effect of
compliance therewith and with all other Change Orders
that have already become binding upon the Contractor
under this GC Clause 39 would be to increase or decrease
the Contract Price as originally set forth in Article 2
(Contract Price) of the Contract Agreement by more than
fifteen percent (15%), the Contractor may give a written
notice of objection thereto prior to furnishing the Change
Proposal as aforesaid. If the Employer accepts the
Contractor’s objection, the Employer shall withdraw the
proposed Change and shall notify the Contractor in
writing thereof.
The Contractor’s failure to so object shall neither affect
its right to object to any subsequent requested Changes or
Change Orders herein, nor affect its right to take into
account, when making such subsequent objection, the
percentage increase or decrease in the Contract Price that
any Change not objected to by the Contractor represents.
39.2.6 Upon receipt of the Change Proposal, the Employer and
the Contractor shall mutually agree upon all matters
therein contained. Within fourteen (14) days after such
agreement, the Employer shall, if it intends to proceed
with the Change, issue the Contractor with a Change
Order.
If the Employer is unable to reach a decision within
fourteen (14) days, it shall notify the Contractor with
details of when the Contractor can expect a decision.
If the Employer decides not to proceed with the Change
for whatever reason, it shall, within the said period of
fourteen (14) days, notify the Contractor accordingly.
Under such circumstances, the Contractor shall be
entitled to reimbursement of all costs reasonably incurred
by it in the preparation of the Change Proposal, provided
that these do not exceed the amount given by the
Contractor in its Estimate for Change Proposal submitted
in accordance with GC Sub-Clause 39.2.2.
39.2.7 If the Employer and the Contractor cannot reach
agreement on the price for the Change, an equitable
adjustment to the Time for Completion, or any other
matters identified in the Change Proposal, the Employer
may nevertheless instruct the Contractor to proceed with
the Change by issue of a “Pending Agreement Change
Order.”
Upon receipt of a Pending Agreement Change Order, the
Contractor shall immediately proceed with effecting the
Changes covered by such Order. The Parties shall
thereafter attempt to reach agreement on the outstanding
Section VII. General Conditions
295
issues under the Change Proposal.
If the Parties cannot reach agreement within sixty (60)
days from the date of issue of the Pending Agreement
Change Order, then the matter may be referred to the
Dispute Board in accordance with the provisions of GC
Sub-Clause 46.1.
39.3 Changes Originating from Contractor
39.3.1 If the Contractor proposes a Change pursuant to GC SubClause 39.1.2, the Contractor shall submit to the Project
Manager a written “Application for Change Proposal,”
giving reasons for the proposed Change and including the
information specified in GC Sub-Clause 39.2.1.
Upon receipt of the Application for Change Proposal, the
Parties shall follow the procedures outlined in GC SubClauses 39.2.6 and 39.2.7.
However, should the
Employer choose not to proceed, the Contractor shall not
be entitled to recover the costs of preparing the
Application for Change Proposal.
40. Extension of
Time for
Completion
40.1 The Time(s) for Completion specified in the PC pursuant to GC
Sub-Clause 8.2 shall be extended if the Contractor is delayed or
impeded in the performance of any of its obligations under the
Contract by reason of any of the following:
(a)
any Change in the Facilities as provided in GC Clause 39
(b)
any occurrence of Force Majeure as provided in GC
Clause 37, unforeseen conditions as provided in GC
Clause 35, or other occurrence of any of the matters
specified or referred to in paragraphs (a), (b) and (c) of GC
Sub-Clause 32.2
(c)
any suspension order given by the Employer under GC
Clause 41 hereof or reduction in the rate of progress
pursuant to GC Sub-Clause 41.2 or
(d)
any changes in laws and regulations as provided in GC
Clause 36 or
(e)
any default or breach of the Contract by the Employer,
Appendix to the Contract Agreement titled ,or any activity,
act or omission of the Employer, or the Project Manager,
or any other contractors employed by the Employer, or
(f)
any delay on the part of a sub-contractor, provided such
delay is due to a cause for which the Contractor himself
would have been entitled to an extension of time under this
sub-clause, or
(g)
delays attributable to the Employer or caused by customs,
or
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Section VII. General Conditions
(h)
any other matter specifically mentioned in the Contract
by such period as shall be fair and reasonable in all the
circumstances and as shall fairly reflect the delay or impediment
sustained by the Contractor.
40.2 Except where otherwise specifically provided in the Contract,
the Contractor shall submit to the Project Manager a notice of a
claim for an extension of the Time for Completion, together with
particulars of the event or circumstance justifying such extension
as soon as reasonably practicable after the commencement of
such event or circumstance. As soon as reasonably practicable
after receipt of such notice and supporting particulars of the
claim, the Employer and the Contractor shall agree upon the
period of such extension. In the event that the Contractor does
not accept the Employer’s estimate of a fair and reasonable time
extension, the Contractor shall be entitled to refer the matter to a
Dispute Board, pursuant to GC Sub-Clause 46.1.
The Contractor shall at all times use its reasonable efforts to minimize
any delay in the performance of its obligations under the
Contract.
In all cases where the Contractor has given a notice of a claim for an
extension of time under GC 40.2, the Contractor shall consult
with the Project Manager in order to determine the steps (if any)
which can be taken to overcome or minimize the actual or
anticipated delay. The Contractor shall there after comply with
all reasonable instructions which the Project Manager shall give
in order to minimize such delay. If compliance with such
instructions shall cause the Contractor to incur extra costs and
the Contractor is entitled to an extension of time under GC 40.1,
the amount of such extra costs shall be added to the Contract
Price.
41. Suspension
41.1 The Employer may request the Project Manager, by notice to the
Contractor, to order the Contractor to suspend performance of
any or all of its obligations under the Contract. Such notice shall
specify the obligation of which performance is to be suspended,
the effective date of the suspension and the reasons therefor.
The Contractor shall thereupon suspend performance of such
obligation, except those obligations necessary for the care or
preservation of the Facilities, until ordered in writing to resume
such performance by the Project Manager.
If, by virtue of a suspension order given by the Project Manager,
other than by reason of the Contractor’s default or breach of the
Contract, the Contractor’s performance of any of its obligations
is suspended for an aggregate period of more than ninety (90)
days, then at any time thereafter and provided that at that time
such performance is still suspended, the Contractor may give a
notice to the Project Manager requiring that the Employer shall,
within twenty-eight (28) days of receipt of the notice, order the
resumption of such performance or request and subsequently
Section VII. General Conditions
297
order a change in accordance with GC Clause 39, excluding the
performance of the suspended obligations from the Contract.
If the Employer fails to do so within such period, the Contractor
may, by a further notice to the Project Manager, elect to treat the
suspension, where it affects a part only of the Facilities, as a
deletion of such part in accordance with GC Clause 39 or, where
it affects the whole of the Facilities, as termination of the
Contract under GC Sub-Clause 42.1.
41.2 If
(a)
the Employer has failed to pay the Contractor any sum due
under the Contract within the specified period, has failed
to approve any invoice or supporting documents without
just cause pursuant to the Appendix to the Contract
Agreement titled Terms and Procedures of Payment, or
commits a substantial breach of the Contract, the
Contractor may give a notice to the Employer that requires
payment of such sum, with interest thereon as stipulated in
GC Sub-Clause 12.3, requires approval of such invoice or
supporting documents, or specifies the breach and requires
the Employer to remedy the same, as the case may be. If
the Employer fails to pay such sum together with such
interest, fails to approve such invoice or supporting
documents or give its reasons for withholding such
approval, or fails to remedy the breach or take steps to
remedy the breach within fourteen (14) days after receipt
of the Contractor’s notice or
(b)
the Contractor is unable to carry out any of its obligations
under the Contract for any reason attributable to the
Employer, including but not limited to the Employer’s
failure to provide possession of or access to the Site or
other areas in accordance with GC Sub-Clause 10.2, or
failure to obtain any governmental permit necessary for
the execution and/or completion of the Facilities,
then the Contractor may by fourteen (14) days’ notice to
the Employer suspend performance of all or any of its
obligations under the Contract, or reduce the rate of
progress.
41.3 If the Contractor’s performance of its obligations is suspended or
the rate of progress is reduced pursuant to this GC Clause 41,
then the Time for Completion shall be extended in accordance
with GC Sub-Clause 40.1, and any and all additional costs or
expenses incurred by the Contractor as a result of such
suspension or reduction shall be paid by the Employer to the
Contractor in addition to the Contract Price, except in the case of
suspension order or reduction in the rate of progress by reason of
the Contractor’s default or breach of the Contract.
41.4 During the period of suspension, the Contractor shall not remove
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Section VII. General Conditions
from the Site any Plant, any part of the Facilities or any
Contractor’s Equipment, without the prior written consent of the
Employer.
42. Termination
42.1 Termination for Employer’s Convenience
42.1.1 The Employer may at any time terminate the Contract for
any reason by giving the Contractor a notice of
termination that refers to this GC Sub-Clause 42.1.
42.1.2 Upon receipt of the notice of termination under GC SubClause 42.1.1, the Contractor shall either immediately or
upon the date specified in the notice of termination
(a)
cease all further work, except for such work as the
Employer may specify in the notice of termination
for the sole purpose of protecting that part of the
Facilities already executed, or any work required to
leave the Site in a clean and safe condition
(b)
terminate all subcontracts, except those to be
assigned to the Employer pursuant to paragraph (d)
(ii) below
(c)
remove all Contractor’s Equipment from the Site,
repatriate the Contractor’s and its Subcontractors’
personnel from the Site, remove from the Site any
wreckage, rubbish and debris of any kind, and leave
the whole of the Site in a clean and safe condition,
and
(d)
subject to the payment specified in GC Sub-Clause
42.1.3,
(i)
deliver to the Employer the parts of the
Facilities executed by the Contractor up to the
date of termination
(ii)
to the extent legally possible, assign to the
Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant as
of the date of termination, and, as may be
required by the Employer, in any subcontracts
concluded between the Contractor and its
Subcontractors; and
(iii) deliver to the Employer all non-proprietary
drawings, specifications and other documents
prepared by the Contractor or its
Subcontractors as at the date of termination in
connection with the Facilities.
42.1.3 In the event of termination of the Contract under GC
Sub-Clause 42.1.1, the Employer shall pay to the
Section VII. General Conditions
299
Contractor the following amounts:
(a)
the Contract Price, properly attributable to the parts
of the Facilities executed by the Contractor as of the
date of termination
(b)
the costs reasonably incurred by the Contractor in
the removal of the Contractor’s Equipment from the
Site and in the repatriation of the Contractor’s and its
Subcontractors’ personnel
(c)
any amounts to be paid by the Contractor to its
Subcontractors in connection with the termination of
any subcontracts, including any cancellation charges
(d)
costs incurred by the Contractor in protecting the
Facilities and leaving the Site in a clean and safe
condition pursuant to paragraph (a) of GC SubClause 42.1.2
(e)
the cost of satisfying all other obligations,
commitments and claims that the Contractor may in
good faith have undertaken with third Parties in
connection with the Contract and that are not
covered by paragraphs (a) through (d) above.
42.2 Termination for Contractor’s Default
42.2.1 The Employer, without prejudice to any other rights or
remedies it may possess, may terminate the Contract
forthwith in the following circumstances by giving a
notice of termination and its reasons therefor to the
Contractor, referring to this GC Sub-Clause 42.2:
(a)
if the Contractor becomes bankrupt or insolvent, has
a receiving order issued against it, compounds with
its creditors, or, if the Contractor is a corporation, a
resolution is passed or order is made for its winding
up, other than a voluntary liquidation for the
purposes of amalgamation or reconstruction, a
receiver is appointed over any part of its undertaking
or assets, or if the Contractor takes or suffers any
other analogous action in consequence of debt
(b)
if the Contractor assigns or transfers the Contract or
any right or interest therein in violation of the
provision of GC Clause 43.
(c)
if the Contractor, in the judgment of the Employer
has engaged in corrupt, collusive, coercive, or
fraudulent practices, as defined in GC Clause 6, in
competing for or in executing the Contract.
42.2.2
If the Contractor
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Section VII. General Conditions
(a)
has abandoned or repudiated the Contract
(b)
has without valid reason failed to commence work
on the Facilities promptly or has suspended, other
than pursuant to GC Sub-Clause 41.2, the progress
of Contract performance for more than twenty-eight
(28) days after receiving a written instruction from
the Employer to proceed
(c)
persistently fails to execute the Contract in
accordance with the Contract or persistently neglects
to carry out its obligations under the Contract
without just cause
(d)
refuses or is unable to provide sufficient materials,
services or labor to execute and complete the
Facilities in the manner specified in the program
furnished under GC Sub-Clause 18.2 at rates of
progress that give reasonable assurance to the
Employer that the Contractor can attain Completion
of the Facilities by the Time for Completion as
extended,
then the Employer may, without prejudice to any other
rights it may possess under the Contract, give a notice to
the Contractor stating the nature of the default and
requiring the Contractor to remedy the same. If the
Contractor fails to remedy or to take steps to remedy the
same within fourteen (14) days of its receipt of such
notice, then the Employer may terminate the Contract
forthwith by giving a notice of termination to the
Contractor that refers to this GC Sub-Clause 42.2.
42.2.3 Upon receipt of the notice of termination under GC
Sub-Clauses 42.2.1 or 42.2.2, the Contractor shall, either
immediately or upon such date as is specified in the notice
of termination,
(a)
cease all further work, except for such work as the
Employer may specify in the notice of termination
for the sole purpose of protecting that part of the
Facilities already executed, or any work required to
leave the Site in a clean and safe condition
(b)
terminate all subcontracts, except those to be
assigned to the Employer pursuant to paragraph (d)
below
(c)
deliver to the Employer the parts of the Facilities
executed by the Contractor up to the date of
termination
(d)
to the extent legally possible, assign to the Employer
all right, title and benefit of the Contractor to the
Facilities and to the Plant as of the date of
Section VII. General Conditions
301
termination, and, as may be required by the
Employer, in any subcontracts concluded between
the Contractor and its Subcontractors
(e)
deliver to the Employer all drawings, specifications
and other documents prepared by the Contractor or
its Subcontractors as of the date of termination in
connection with the Facilities.
42.2.4 The Employer may enter upon the Site, expel the
Contractor, and complete the Facilities itself or by
employing any third Party. The Employer may, to the
exclusion of any right of the Contractor over the same,
take over and use with the payment of a fair rental rate to
the Contractor, with all the maintenance costs to the
account of the Employer and with an indemnification by
the Employer for all liability including damage or injury to
persons arising out of the Employer’s use of such
equipment, any Contractor’s Equipment owned by the
Contractor and on the Site in connection with the Facilities
for such reasonable period as the Employer considers
expedient for the supply and installation of the Facilities.
Upon completion of the Facilities or at such earlier date as
the Employer thinks appropriate, the Employer shall give
notice to the Contractor that such Contractor’s Equipment
will be returned to the Contractor at or near the Site and
shall return such Contractor’s Equipment to the Contractor
in accordance with such notice. The Contractor shall
thereafter without delay and at its cost remove or arrange
removal of the same from the Site.
42.2.5 Subject to GC Sub-Clause 42.2.6, the Contractor shall
be entitled to be paid the Contract Price attributable to the
Facilities executed as of the date of termination, the value
of any unused or partially used Plant on the Site, and the
costs, if any, incurred in protecting the Facilities and in
leaving the Site in a clean and safe condition pursuant to
paragraph (a) of GC Sub-Clause 42.2.3. Any sums due the
Employer from the Contractor accruing prior to the date of
termination shall be deducted from the amount to be paid
to the Contractor under this Contract.
42.2.6 If the Employer completes the Facilities, the cost of
completing the Facilities by the Employer shall be
determined.
If the sum that the Contractor is entitled to be paid,
pursuant to GC Sub-Clause 42.2.5, plus the reasonable
costs incurred by the Employer in completing the
Facilities, exceeds the Contract Price, the Contractor shall
be liable for such excess.
If such excess is greater than the sums due the Contractor
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Section VII. General Conditions
under GC Sub-Clause 42.2.5, the Contractor shall pay the
balance to the Employer, and if such excess is less than the
sums due the Contractor under GC Sub-Clause 42.2.5, the
Employer shall pay the balance to the Contractor.
The Employer and the Contractor shall agree, in writing,
on the computation described above and the manner in
which any sums shall be paid.
42.3 Termination by the Contractor
42.3.1 If
(a)
the Employer has failed to pay the Contractor any
sum due under the Contract within the specified
period, has failed to approve any invoice or
supporting documents without just cause pursuant
to the Appendix to the Contract Agreement titled
Terms and Procedures of Payment, or commits a
substantial breach of the Contract, the Contractor
may give a notice to the Employer that requires
payment of such sum, with interest thereon as
stipulated in GC Sub-Clause 12.3, requires approval
of such invoice or supporting documents, or
specifies the breach and requires the Employer to
remedy the same, as the case may be. If the
Employer fails to pay such sum together with such
interest, fails to approve such invoice or supporting
documents or give its reasons for withholding such
approval, fails to remedy the breach or take steps to
remedy the breach within fourteen (14) days after
receipt of the Contractor’s notice, or
(b)
the Contractor is unable to carry out any of its
obligations under the Contract for any reason
attributable to the Employer, including but not
limited to the Employer’s failure to provide
possession of or access to the Site or other areas or
failure to obtain any governmental permit necessary
for the execution and/or completion of the
Facilities,
then the Contractor may give a notice to the Employer
thereof, and if the Employer has failed to pay the
outstanding sum, to approve the invoice or supporting
documents, to give its reasons for withholding such
approval, or to remedy the breach within twenty-eight (28)
days of such notice, or if the Contractor is still unable to
carry out any of its obligations under the Contract for any
reason attributable to the Employer within twenty-eight
(28) days of the said notice, the Contractor may by a
further notice to the Employer referring to this GC SubClause 42.3.1, forthwith terminate the Contract.
Section VII. General Conditions
303
42.3.2 The Contractor may terminate the Contract forthwith by
giving a notice to the Employer to that effect, referring to
this GC Sub-Clause 42.3.2, if the Employer becomes
bankrupt or insolvent, has a receiving order issued against
it, compounds with its creditors, or, being a corporation, if
a resolution is passed or order is made for its winding up
(other than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is appointed
over any part of its undertaking or assets, or if the
Employer takes or suffers any other analogous action in
consequence of debt.
42.3.3 If the Contract is terminated under GC Sub-Clauses
42.3.1 or 42.3.2, then the Contractor shall immediately
(a)
cease all further work, except for such work as may
be necessary for the purpose of protecting that part
of the Facilities already executed, or any work
required to leave the Site in a clean and safe
condition
(b)
terminate all subcontracts, except those to be
assigned to the Employer pursuant to paragraph (d)
(ii)
(c)
remove all Contractor’s Equipment from the Site
and repatriate the Contractor’s and its
Subcontractors’ personnel from the Site, and
(d)
subject to the payment specified in GC Sub-Clause
42.3.4,
(i)
deliver to the Employer the parts of the
Facilities executed by the Contractor up to the
date of termination
(ii)
to the extent legally possible, assign to the
Employer all right, title and benefit of the
Contractor to the Facilities and to the Plant as
of the date of termination, and, as may be
required by the Employer, in any subcontracts
concluded between the Contractor and its
Subcontractors, and
(iii) deliver to the Employer all drawings,
specifications and other documents prepared
by the Contractor or its Subcontractors as of
the date of termination in connection with the
Facilities.
42.3.4 If the Contract is terminated under GC Sub-Clauses
42.3.1 or 42.3.2, the Employer shall pay to the Contractor
all payments specified in GC Sub-Clause 42.1.3, and
reasonable compensation for all loss, except for loss of
profit, or damage sustained by the Contractor arising out
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Section VII. General Conditions
of, in connection with or in consequence of such
termination.
42.3.5 Termination by the Contractor pursuant to this GC SubClause 42.3 is without prejudice to any other rights or
remedies of the Contractor that may be exercised in lieu of
or in addition to rights conferred by GC Sub-Clause 42.3.
42.4 In this GC Clause 42, the expression “Facilities executed” shall
include all work executed, Installation Services provided, and all
Plant acquired, or subject to a legally binding obligation to
purchase, by the Contractor and used or intended to be used for
the purpose of the Facilities, up to and including the date of
termination.
42.5 In this GC Clause 42, in calculating any monies due from the
Employer to the Contractor, account shall be taken of any sum
previously paid by the Employer to the Contractor under the
Contract, including any advance payment paid pursuant to the
Appendix to the Contract Agreement titled Terms and Procedures
of Payment.
43. Assignment
43.1 Neither the Employer nor the Contractor shall, without the
express prior written consent of the other Party, which consent
shall not be unreasonably withheld, assign to any third Party the
Contract or any part thereof, or any right, benefit, obligation or
interest therein or thereunder, except that the Contractor shall be
entitled to assign either absolutely or by way of charge any
monies due and payable to it or that may become due and
payable to it under the Contract.
44. Export
Restrictions
44.1 Notwithstanding any obligation under the Contract to complete
all export formalities, any export restrictions attributable to the
Employer, to the country of the Employer or to the use of the
Plant and Installation Services to be supplied which arise from
trade regulations from a country supplying those Plant and
Installation Services, and which substantially impede the
Contractor from meeting its obligations under the Contract, shall
release the Contractor from the obligation to provide deliveries
or services, always provided, however, that the Contractor can
demonstrate to the satisfaction of the Employer and of the Bank
that it has completed all formalities in a timely manner,
including applying for permits, authorizations and licenses
necessary for the export of the Plant and Installation Services
under the terms of the Contract. Termination of the Contract on
this basis shall be for the Employer’s convenience pursuant to
Sub-Clause 42.1.
I. Claims, Disputes and Arbitration
45. Contractor’s
Claims
45.1 If the Contractor considers himself to be entitled to any
extension of the Time for Completion and/or any additional
payment, under any Clause of these Conditions or otherwise in
Section VII. General Conditions
305
connection with the Contract, the Contractor shall submit a
notice to the Project Manager, describing the event or
circumstance giving rise to the claim. The notice shall be given
as soon as practicable, and not later than 28 days after the
Contractor became aware, or should have become aware, of the
event or circumstance.
If the Contractor fails to give notice of a claim within such
period of 28 days, the Time for Completion shall not be
extended, the Contractor shall not be entitled to additional
payment, and the Employer shall be discharged from all liability
in connection with the claim. Otherwise, the following
provisions of this Sub-Clause shall apply.
The Contractor shall also submit any other notices which are
required by the Contract, and supporting particulars for the
claim, all as relevant to such event or circumstance.
The Contractor shall keep such contemporary records as may be
necessary to substantiate any claim, either on the Site or at
another location acceptable to the Project Manager. Without
admitting the Employer’s liability, the Project Manager may,
after receiving any notice under this Sub-Clause, monitor the
record-keeping and/or instruct the Contractor to keep further
contemporary records. The Contractor shall permit the Project
Manager to inspect all these records, and shall (if instructed)
submit copies to the Project Manager.
Within 42 days after the Contractor became aware (or should
have become aware) of the event or circumstance giving rise to
the claim, or within such other period as may be proposed by
the Contractor and approved by the Project Manager, the
Contractor shall send to the Project Manager a fully detailed
claim which includes full supporting particulars of the basis of
the claim and of the extension of time and/or additional
payment claimed. If the event or circumstance giving rise to the
claim has a continuing effect:
(a)
this fully detailed claim shall be considered as interim;
(b)
the Contractor shall send further interim claims at monthly
intervals, giving the accumulated delay and/or amount
claimed, and such further particulars as the Project
Manager may reasonably require; and
(c)
the Contractor shall send a final claim within 28 days after
the end of the effects resulting from the event or
circumstance, or within such other period as may be
proposed by the Contractor and approved by the Project
Manager.
Within 42 days after receiving a claim or any further particulars
supporting a previous claim, or within such other period as may
be proposed by the Project Manager and approved by the
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Section VII. General Conditions
Contractor, the Project Manager shall respond with approval, or
with disapproval and detailed comments. He may also request
any necessary further particulars, but shall nevertheless give his
response on the principles of the claim within such time.
Each Payment Certificate shall include such amounts for any
claim as have been reasonably substantiated as due under the
relevant provision of the Contract. Unless and until the
particulars supplied are sufficient to substantiate the whole of
the claim, the Contractor shall only be entitled to payment for
such part of the claim as he has been able to substantiate.
The Project Manager shall agree with the
estimate: (i) the extension (if any) of the Time
(before or after its expiry) in accordance with
and/or (ii) the additional payment (if any)
Contractor is entitled under the Contract.
Contractor or
for Completion
GC Clause 40,
to which the
The requirements of this Sub-Clause are in addition to those of
any other Sub-Clause which may apply to a claim. If the
Contractor fails to comply with this or another Sub-Clause in
relation to any claim, any extension of time and/or additional
payment shall take account of the extent (if any) to which the
failure has prevented or prejudiced proper investigation of the
claim, unless the claim is excluded under the second paragraph
of this Sub-Clause.
In the event that the Contractor and the Employer cannot agree
on any matter relating to a claim, either Party may refer the
matter to the Dispute Board pursuant to GC 46 hereof.
46. Disputes and
Arbitration
46.1 Appointment of the Dispute Board
Disputes shall be referred to a DB for decision in accordance
with GC Sub-Clause 46.3. The Parties shall appoint a DB by the
date stated in the PC.
The DB shall comprise, as stated in the PC, either one or three
suitably qualified persons (“the members”), each of whom shall
be fluent in the language for communication defined in the
Contract and shall be a professional experienced in the type of
activities involved in the performance of the Contract and with
the interpretation of contractual documents. If the number is not
so stated and the Parties do not agree otherwise, the DB shall
comprise three persons, one of whom shall serve as chairman.
If the Parties have not jointly appointed the DB 21 days before
the date stated in the PC and the DB is to comprise three
persons, each Party shall nominate one member for the approval
of the other Party. The first two members shall recommend and
the Parties shall agree upon the third member, who shall act as
chairman.
However, if a list of potential members is included in the PC,
the members shall be selected from those on the list, other than
Section VII. General Conditions
307
anyone who is unable or unwilling to accept appointment to the
DB.
The agreement between the Parties and either the sole member
or each of the three members shall incorporate by reference the
General Conditions of Dispute Board Agreement contained in
the Appendix to these General Conditions, with such
amendments as are agreed between them.
The terms of the remuneration of either the sole member or each
of the three members, including the remuneration of any expert
whom the DB consults, shall be mutually agreed upon by the
Parties when agreeing the terms of appointment of the member
or such expert (as the case may be). Each Party shall be
responsible for paying one-half of this remuneration.
If a member declines to act or is unable to act as a result of
death, disability, resignation or termination of appointment, a
replacement shall be appointed in the same manner as the
replaced person was required to have been nominated or agreed
upon, as described in this Sub-Clause.
The appointment of any member may be terminated by mutual
agreement of both Parties, but not by the Employer or the
Contractor acting alone. Unless otherwise agreed by both
Parties, the appointment of the DB (including each member)
shall expire when the Operational Acceptance Certificate has
been issued in accordance with GC Sub-Clause 25.3.
46.2 Failure to Agree on the Composition of the Dispute Board
If any of the following conditions apply, namely:
(a)
the Parties fail to agree upon the appointment of the sole
member of the DB by the date stated in the first paragraph
of GC Sub-Clause 46.1,
either Party fails to nominate a member (for approval by the
other Party) of a DB of three persons by such date,
the Parties fail to agree upon the appointment of the third
member (to act as chairman) of the DB by such date, or
the Parties fail to agree upon the appointment of a replacement
person within 42 days after the date on which the sole
member or one of the three members declines to act or is
unable to act as a result of death, disability, resignation or
termination of appointment,
then the appointing entity or official named in the PC shall,
upon the request of either or both of the Parties and after due
consultation with both Parties, appoint this member of the DB.
This appointment shall be final and conclusive. Each Party shall
be responsible for paying one-half of the remuneration of the
appointing entity or official.
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Section VII. General Conditions
46.3 Obtaining Dispute Board’s Decision
If a dispute (of any kind whatsoever) arises between the Parties
in connection with the performance of the Contract, including
any dispute as to any certificate, determination, instruction,
opinion or valuation of the Project Manager, either Party may
refer the dispute in writing to the DB for its decision, with
copies to the other Party and the Project Manager. Such
reference shall state that it is given under this Sub-Clause.
For a DB of three persons, the DB shall be deemed to have
received such reference on the date when it is received by the
chairman of the DB.
Both Parties shall promptly make available to the DB all such
additional information, further access to the Site, and
appropriate facilities, as the DB may require for the purposes of
making a decision on such dispute. The DB shall be deemed to
be not acting as arbitrator(s).
Within 84 days after receiving such reference, or within such
other period as may be proposed by the DB and approved by
both Parties, the DB shall give its decision, which shall be
reasoned and shall state that it is given under this Sub-Clause.
The decision shall be binding on both Parties, who shall
promptly give effect to it unless and until it shall be revised in
an amicable settlement or an arbitral award as described below.
Unless the Contract has already been abandoned, repudiated or
terminated, the Contractor shall continue with the performance
of the Facilities in accordance with the Contract.
If either Party is dissatisfied with the DB’s decision, then either
Party may, within 28 days after receiving the decision, give
notice to the other Party of its dissatisfaction and intention to
commence arbitration. If the DB fails to give its decision within
the period of 84 days (or as otherwise approved) after receiving
such reference, then either Party may, within 28 days after this
period has expired, give notice to the other Party of its
dissatisfaction and intention to commence arbitration.
In either event, this notice of dissatisfaction shall state that it is
given under this Sub-Clause, and shall set out the matter in
dispute and the reason(s) for dissatisfaction. Except as stated in
GC Sub-Clauses 46.6 and 46.7, neither Party shall be entitled to
commence arbitration of a dispute unless a notice of
dissatisfaction has been given in accordance with this SubClause.
If the DB has given its decision as to a matter in dispute to both
Parties, and no notice of dissatisfaction has been given by either
Party within 28 days after it received the DB’s decision, then
the decision shall become final and binding upon both Parties.
46.4 Amicable Settlement
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309
Where notice of dissatisfaction has been given under GC SubClause 46.3 above, both Parties shall attempt to settle the
dispute amicably before the commencement of arbitration.
However, unless both Parties agree otherwise, arbitration may
be commenced on or after the fifty-sixth day after the day on
which notice of dissatisfaction and intention to commence
arbitration was given, even if no attempt at amicable settlement
has been made.
46.5 Arbitration
Unless indicated otherwise in the PC, any dispute not settled
amicably and in respect of which the DB’s decision (if any) has
not become final and binding shall be finally settled by
arbitration. Unless otherwise agreed by both Parties, arbitration
shall be conducted as follows:
(a)
For contracts with foreign contractors:
(i) international
arbitration
with
proceedings
administered by the international arbitration
institution appointed in the PC, in accordance with
the rules of arbitration of the appointed institution;,
(ii) the place of arbitration shall be the city where the
headquarters of the appointed arbitration institution
is located or such other place selected in accordance
with the applicable arbitration rules; and
(iii) the arbitration shall be conducted in the language for
communications defined in Sub-Clause 5.3; and
(b)
For contracts with domestic contractors, arbitration with
proceedings conducted in accordance with the laws of the
Employer’s country.
The arbitrator(s) shall have full power to open up, review and
revise any certificate, determination, instruction, opinion or
valuation of the Project Manager, and any decision of the DB,
relevant to the dispute. Nothing shall disqualify the Project
Manager from being called as a witness and giving evidence
before the arbitrator(s) on any matter whatsoever relevant to the
dispute.
Neither Party shall be limited in the proceedings before the
arbitrator(s) to the evidence or arguments previously put before
the DB to obtain its decision, or to the reasons for
dissatisfaction given in its notice of dissatisfaction. Any
decision of the DB shall be admissible in evidence in the
arbitration.
Arbitration may be commenced prior to or after completion of
the Works. The obligations of the Parties, the Project Manager
and the DB shall not be altered by reason of any arbitration
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Section VII. General Conditions
being conducted during the progress of the Works.
46.6 Failure to Comply with Dispute Board’s Decision
In the event that a Party fails to comply with a DB decision
which has become final and binding, then the other Party may,
without prejudice to any other rights it may have, refer the
failure itself to arbitration under GC Sub-Clause 46.5. GC SubClauses 46.3 and 46.4 shall not apply to this reference.
46.7 Expiry of Dispute Board’s Appointment
If a dispute arises between the Parties in connection with the
performance of the Contract, and there is no DB in place,
whether by reason of the expiry of the DB’s appointment or
otherwise:
(a)
GC Sub-Clauses 46.3 and 46.4 shall not apply, and
(b)
the dispute may be referred directly to arbitration under
GC Sub-Clause 46.5
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311
APPENDIX
A
1.
General Conditions of Dispute Board Agreement
Definitions
Each “Dispute Board Agreement” is a tripartite agreement by and between:
the “Employer”;
the “Contractor”; and
the “Member” who is defined in the Dispute Board Agreement as being:
(i)
the sole member of the “DB” and, where this is the case, all references to the “Other
Members” do not apply, or
(ii)
one of the three persons who are jointly called the “DB” (or “dispute board”) and,
where this is the case, the other two persons are called the “Other Members”.
The Employer and the Contractor have entered (or intend to enter) into a contract, which is
called the “Contract” and is defined in the Dispute Board Agreement, which incorporates this
Appendix. In the Dispute Board Agreement, words and expressions which are not otherwise
defined shall have the meanings assigned to them in the Contract.
2.
General Provisions
Unless otherwise stated in the Dispute Board Agreement, it shall take effect on the latest of the
following dates:
(a)
the Commencement Date defined in the Contract,
(b)
when the Employer, the Contractor and the Member have each signed the Dispute
Board Agreement, or
(c)
when the Employer, the Contractor and each of the Other Members (if any) have
respectively each signed a dispute board agreement.
This employment of the Member is a personal appointment. At any time, the Member may give
not less than 70 days’ notice of resignation to the Employer and to the Contractor, and the
Dispute Board Agreement shall terminate upon the expiry of this period.
3.
Warranties
The Member warrants and agrees that he/she is and shall be impartial and independent of the
Employer, the Contractor and the Project Manager. The Member shall promptly disclose, to each
of them and to the Other Members (if any), any fact or circumstance which might appear
inconsistent with his/her warranty and agreement of impartiality and independence.
When appointing the Member, the Employer and the Contractor relied upon the Member’s
representations that he/she is:
(a)
experienced in the work which the Contractor is to carry out under the Contract,
(b)
experienced in the interpretation of contract documentation, and
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Section VII. General Conditions
(c)
4.
fluent in the language for communications defined in the Contract.
General Obligations of the Member
The Member shall:
5.
(a)
have no interest financial or otherwise in the Employer, the Contractor or the Project
Manager, nor any financial interest in the Contract except for payment under the
Dispute Board Agreement;
(b)
not previously have been employed as a consultant or otherwise by the Employer,
the Contractor or the Project Manager, except in such circumstances as were
disclosed in writing to the Employer and the Contractor before they signed the
Dispute Board Agreement;
(c)
have disclosed in writing to the Employer, the Contractor and the Other Members (if
any), before entering into the Dispute Board Agreement and to his/her best
knowledge and recollection, any professional or personal relationships with any
director, officer or employee of the Employer, the Contractor or the Project
Manager, and any previous involvement in the overall project of which the Contract
forms part;
(d)
not, for the duration of the Dispute Board Agreement, be employed as a consultant or
otherwise by the Employer, the Contractor or the Project Manager, except as may be
agreed in writing by the Employer, the Contractor and the Other Members (if any);
(e)
comply with the annexed procedural rules and with GC Sub-Clause 46.3;
(f)
not give advice to the Employer, the Contractor, the Employer’s Personnel or the
Contractor’s Personnel concerning the conduct of the Contract, other than in
accordance with the annexed procedural rules;
(g)
not while a Member enter into discussions or make any agreement with the
Employer, the Contractor or the Project Manager regarding employment by any of
them, whether as a consultant or otherwise, after ceasing to act under the Dispute
Board Agreement;
(h)
ensure his/her availability for all site visits and hearings as are necessary;
(i)
become conversant with the Contract and with the progress of the Facilities (and of
any other parts of the project of which the Contract forms part) by studying all
documents received which shall be maintained in a current working file;
(j)
treat the details of the Contract and all the DB’s activities and hearings as private and
confidential, and not publish or disclose them without the prior written consent of the
Employer, the Contractor and the Other Members (if any); and
(k)
be available to give advice and opinions, on any matter relevant to the Contract when
requested by both the Employer and the Contractor, subject to the agreement of the
Other Members (if any).
General Obligations of the Employer and the Contractor
The Employer, the Contractor, the Employer’s Personnel and the Contractor’s Personnel shall
not request advice from or consultation with the Member regarding the Contract, otherwise than
in the normal course of the DB’s activities under the Contract and the Dispute Board Agreement.
Section VII. General Conditions
313
The Employer and the Contractor shall be responsible for compliance with this provision, by the
Employer’s Personnel and the Contractor’s Personnel respectively.
The Employer and the Contractor undertake to each other and to the Member that the Member
shall not, except as otherwise agreed in writing by the Employer, the Contractor, the Member
and the Other Members (if any):
(a)
be appointed as an arbitrator in any arbitration under the Contract;
(b)
be called as a witness to give evidence concerning any dispute before arbitrator(s)
appointed for any arbitration under the Contract; or
(c)
be liable for any claims for anything done or omitted in the discharge or purported
discharge of the Member’s functions, unless the act or omission is shown to have
been in bad faith.
The Employer and the Contractor hereby jointly and severally indemnify and hold the Member
harmless against and from claims from which he is relieved from liability under the preceding
paragraph.
Whenever the Employer or the Contractor refers a dispute to the DB under GC Sub-Clause 46.3,
which will require the Member to make a site visit and attend a hearing, the Employer or the
Contractor shall provide appropriate security for a sum equivalent to the reasonable expenses to
be incurred by the Member. No account shall be taken of any other payments due or paid to the
Member.
6.
Payment
The Member shall be paid as follows, in the currency named in the Dispute Board Agreement:
(a)
a retainer fee per calendar month, which shall be considered as payment in full for:
(i)
being available on 28 days’ notice for all site visits and hearings;
(ii)
becoming and remaining conversant with all project developments and
maintaining relevant files;
(iii) all office and overhead expenses including secretarial services, photocopying
and office supplies incurred in connection with his duties; and
(iv) all services performed hereunder except those referred to in sub-paragraphs (b)
and (c) of this Clause.
The retainer fee shall be paid with effect from the last day of the calendar month in which the
Dispute Board Agreement becomes effective; until the last day of the calendar month in which
the Taking-Over Certificate is issued for the whole of the Works.
With effect from the first day of the calendar month following the month in which Taking-Over
Certificate is issued for the whole of the Works, the retainer fee shall be reduced by one third
This reduced fee shall be paid until the first day of the calendar month in which the Member
resigns or the Dispute Board Agreement is otherwise terminated.
(b)
a daily fee which shall be considered as payment in full for:
(i)
each day or part of a day up to a maximum of two days’ travel time in each
direction for the journey between the Member’s home and the site, or another
location of a meeting with the Other Members (if any);
314
Section VII. General Conditions
(ii)
each working day on site visits, hearings or preparing decisions; and
(iii) each day spent reading submissions in preparation for a hearing.
(c)
all reasonable expenses including necessary travel expenses (air fare in less than first
class, hotel and subsistence and other direct travel expenses) incurred in connection
with the Member’s duties, as well as the cost of telephone calls, courier charges,
faxes and telexes: a receipt shall be required for each item in excess of five percent
of the daily fee referred to in sub-paragraph (b) of this Clause;
(d)
any taxes properly levied in the Country on payments made to the Member (unless a
national or permanent resident of the Country) under this Clause 6.
The retainer and daily fees shall be as specified in the Dispute Board Agreement. Unless it
specifies otherwise, these fees shall remain fixed for the first 24 calendar months, and shall
thereafter be adjusted by agreement between the Employer, the Contractor and the Member, at
each anniversary of the date on which the Dispute Board Agreement became effective.
If the Parties fail to agree on the retainer fee or the daily fee the appointing entity or official
named in the PC shall determine the amount of the fees to be used.
The Member shall submit invoices for payment of the monthly retainer and air fares quarterly in
advance. Invoices for other expenses and for daily fees shall be submitted following the
conclusion of a site visit or hearing. All invoices shall be accompanied by a brief description of
activities performed during the relevant period and shall be addressed to the Contractor.
The Contractor shall pay each of the Member’s invoices in full within 56 calendar days after
receiving each invoice and shall apply to the Employer (in the Statements under the Contract) for
reimbursement of one-half of the amounts of these invoices. The Employer shall then pay the
Contractor in accordance with the Contract.
If the Contractor fails to pay to the Member the amount to which he/she is entitled under the
Dispute Board Agreement, the Employer shall pay the amount due to the Member and any other
amount which may be required to maintain the operation of the DB; and without prejudice to the
Employer’s rights or remedies. In addition to all other rights arising from this default, the
Employer shall be entitled to reimbursement of all sums paid in excess of one-half of these
payments, plus all costs of recovering these sums and financing charges calculated at the rate
specified in accordance with GC Sub-Clause 12.3.
If the Member does not receive payment of the amount due within 70 days after submitting a
valid invoice, the Member may (i) suspend his/her services (without notice) until the payment is
received, and/or (ii) resign his/her appointment by giving notice under Clause 7.
7.
Termination
At any time: (i) the Employer and the Contractor may jointly terminate the Dispute Board
Agreement by giving 42 days’ notice to the Member; or (ii) the Member may resign as provided
for in Clause 2.
If the Member fails to comply with the Dispute Board Agreement, the Employer and the
Contractor may, without prejudice to their other rights, terminate it by notice to the Member. The
notice shall take effect when received by the Member.
If the Employer or the Contractor fails to comply with the Dispute Board Agreement, the
Member may, without prejudice to his other rights, terminate it by notice to the Employer and
the Contractor. The notice shall take effect when received by them both.
Section VII. General Conditions
315
Any such notice, resignation and termination shall be final and binding on the Employer, the
Contractor and the Member. However, a notice by the Employer or the Contractor, but not by
both, shall be of no effect.
8.
Default of the Member
If the Member fails to comply with any of his obligations under Clause 4 concerning his
impartiality or independence in relation to the Employer or the Contractor, he/she shall not be
entitled to any fees or expenses hereunder and shall, without prejudice to their other rights,
reimburse each of the Employer and the Contractor for any fees and expenses received by the
Member and the Other Members (if any), for proceedings or decisions (if any) of the DB which
are rendered void or ineffective by the said failure to comply.
9.
Disputes
Any dispute or claim arising out of or in connection with this Dispute Board Agreement, or the
breach, termination or invalidity thereof, shall be finally settled by institutional arbitration. If no
other arbitration institute is agreed, the arbitration shall be conducted under the Rules of
Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance
with these Rules of Arbitration.
316
Section VII. General Conditions
Annex
DISPUTE BOARD GUIDELINES
1.
Unless otherwise agreed by the Employer and the Contractor, the DB shall visit the site at
intervals of not more than 140 days, including times of critical construction events, at the request
of either the Employer or the Contractor. Unless otherwise agreed by the Employer, the
Contractor and the DB, the period between consecutive visits shall not be less than 70 days,
except as required to convene a hearing as described below.
2.
The timing of and agenda for each site visit shall be as agreed jointly by the DB, the
Employer and the Contractor, or in the absence of agreement, shall be decided by the DB. The
purpose of site visits is to enable the DB to become and remain acquainted with the progress of
the Works and of any actual or potential problems or claims, and, as far as reasonable, to prevent
potential problems or claims from becoming disputes.
3.
Site visits shall be attended by the Employer, the Contractor and the Project Manager and
shall be co-ordinated by the Employer in co-operation with the Contractor. The Employer shall
ensure the provision of appropriate conference facilities and secretarial and copying services. At
the conclusion of each site visit and before leaving the site, the DB shall prepare a report on its
activities during the visit and shall send copies to the Employer and the Contractor.
4.
The Employer and the Contractor shall furnish to the DB one copy of all documents
which the DB may request, including Contract documents, progress reports, variation
instructions, certificates and other documents pertinent to the performance of the Contract. All
communications between the DB and the Employer or the Contractor shall be copied to the other
Party. If the DB comprises three persons, the Employer and the Contractor shall send copies of
these requested documents and these communications to each of these persons.
5.
If any dispute is referred to the DB in accordance with GC Sub-Clause 46.3, the DB shall
proceed in accordance with GC Sub-Clause 46.3 and these Guidelines. Subject to the time
allowed to give notice of a decision and other relevant factors, the DB shall:
(a)
act fairly and impartially as between the Employer and the Contractor, giving
each of them a reasonable opportunity of putting his case and responding to the
other’s case, and
(b)
adopt procedures suitable to the dispute, avoiding unnecessary delay or expense.
6.
The DB may conduct a hearing on the dispute, in which event it will decide on the date
and place for the hearing and may request that written documentation and arguments from the
Employer and the Contractor be presented to it prior to or at the hearing.
7.
Except as otherwise agreed in writing by the Employer and the Contractor, the DB shall
have power to adopt an inquisitorial procedure, to refuse admission to hearings or audience at
hearings to any persons other than representatives of the Employer, the Contractor and the
Project Manager, and to proceed in the absence of any Party who the DB is satisfied received
notice of the hearing; but shall have discretion to decide whether and to what extent this power
may be exercised.
8.
The Employer and the Contractor empower the DB, among other things, to:
(a)
establish the procedure to be applied in deciding a dispute,
Section VII. General Conditions
317
(b)
decide upon the DB’s own jurisdiction, and as to the scope of any dispute referred
to it,
(c)
conduct any hearing as it thinks fit, not being bound by any rules or procedures
other than those contained in the Contract and these Guidelines,
(d)
take the initiative in ascertaining the facts and matters required for a decision,
(e)
make use of its own specialist knowledge, if any,
(f)
decide upon the payment of financing charges in accordance with the Contract,
(g)
decide upon any provisional relief such as interim or conservatory measures,
(h)
open up, review and revise any certificate, decision, determination, instruction,
opinion or valuation of the Project Manager, relevant to the dispute, and
(i)
appoint, should the DB so consider necessary and the Parties agree, a suitable
expert at the cost of the Parties to give advice on a specific matter relevant to the
dispute.
9.
The DB shall not express any opinions during any hearing concerning the merits of any
arguments advanced by the Parties. Thereafter, the DB shall make and give its decision in
accordance with GC Sub-Clause 46.3, or as otherwise agreed by the Employer and the
Contractor in writing. If the DB comprises three persons:
(a)
it shall convene in private after a hearing, in order to have discussions and prepare
its decision;
(b)
it shall endeavour to reach a unanimous decision: if this proves impossible the
applicable decision shall be made by a majority of the Members, who may require
the minority Member to prepare a written report for submission to the Employer
and the Contractor; and
(c)
if a Member fails to attend a meeting or hearing, or to fulfil any required
function, the other two Members may nevertheless proceed to make a decision,
unless:
(i)
either the Employer or the Contractor does not agree that they do so, or
(ii)
the absent Member is the chairman and he/she instructs the other Members
to not make a decision.
319
Section VIII. Particular Conditions
The following Particular Conditions shall supplement the General Conditions in Section
VII. Whenever there is a conflict, the provisions herein shall prevail over those in the
General Conditions.
320
Section VIII. Particular Conditions
Table of Clauses
PC 1.
Definitions ...................................................................................................... 321
PC 5.
Law and Language ........................................................................................ 321
PC 7.
Scope of Facilities [Spare Parts] (GC Clause 7) ........................................... 321
PC 8.
Time for Commencement and Completion................................................... 321
PC 11.
Contract Price ................................................................................................ 321
PC 13.
Securities ........................................................................................................ 321
PC 22.
Installation ..................................................................................................... 322
PC 25.
Commissioning and Operational Acceptance ............................................... 322
PC 26.
Completion Time Guarantee ......................................................................... 322
PC 30.
Limitation of Liability ................................................................................... 322
PC 46.
Disputes and Arbitration ............................................................................... 322
Section VIII. Particular Conditions
321
Particular Conditions
The following Particular Conditions (PC) shall supplement the General Conditions (GC).
Whenever there is a conflict, the provisions herein shall prevail over those in the GC. The clause
number of the PC is the corresponding clause number of the GC.
PC 1. Definitions
The Employer is: Agency for Hydrometeorology under the Ministry of Emergency
Situation of the Kyrgyz Republic (Kyrgyzhydromet)
The Project Manager is: Mr. Ulan Torobekov, Head of PMU
The Bank is: International Development Association
Country of Origin: all countries and territories as indicated in Section V of the bidding
documents, Eligible Countries.
PC 5. Law and Language
PC 5.1 The Contract shall be interpreted in accordance with the laws of: the Kyrgyz
Republic.
PC 5.2 The ruling language is: the language of the Bid is English PC
5.3
The language for communications is: English with translation to Russian
PC 7. Scope of Facilities [Spare Parts] (GC Clause 7)
PC 7.3
The Contractor agrees to supply spare parts for a period of years: two (2) years
according to Technical requirements (point 4.4.6 Section VI)
PC 8. Time for Commencement and Completion
PC 8.1 The Contractor shall commence work on the Facilities within one month
(Inception Phase) from the Effective Date for determining Time for Completion
as specified in the Contract Agreement.
PC 8.2 The Time for Completion of the whole of the Facilities shall be within twelve
(12) months from the Effective Date as described in the Contract Agreement.
PC 11. Contract Price
PC 11.2 The adjustment of Contract Price is not applicable
PC 13. Securities
PC 13.3.1 The amount of performance security, as a percentage of the Contract Price for
the Facility or for the part of the Facility for which a separate Time for
Completion is provided, shall be: Ten percent (10%) of the total Contract Price.
PC 13.3.2 The performance security shall be in the form of the Bank Guarantee attached
hereto in Section IX, Contract Forms.
PC 13.3.3 After delivery and acceptance of instruments and equipment the performance
security will be reduced to 2% of the Contract Price for the period of the
guarantee period under the contract
322
Section VIII. Particular Conditions
PC 22. Installation
PC 22.2.5 Working Hours
Normal working hours are: from 9-00 till 18-00
PC 25. Commissioning and Operational Acceptance
PC 25.2.2 The Guarantee Test of the Facilities shall be successfully completed within
fourteen (14) days from the date of Completion.
PC 26. Completion Time Guarantee
PC 26.2
Applicable rate for liquidated damages: 0.5%
The above rate applies to the price of the part of the Facilities, as quoted in the Price
Schedule, for that part for which the Contractor fails to achieve Completion within the
particular Time for Completion.
Maximum deduction for liquidated damages: 10%
PC 26.3
No bonus will be given for earlier Completion of the Facilities or part thereof.
PC 30. Limitation of Liability
PC 30.1 (b) The multiplier of the Contract Price is: n/a
PC 46. Disputes and Arbitration
PC 46.1
The DB shall be appointed within 28 days after the Effective Date.
PC 46.2
Appointment (if not agreed) to be made by: the Arbitration Court of
International Chamber of Commerceю ParisPC 46.5 (a) Procedure to settle
disputes in respect of DB’s decisions:
Arbitration proceedings shall be conducted in accordance with the rules of arbitration
of UNCITRAL. These rules, in the version in force at the time of the request for
arbitration, will be deemed to form part of this Contract.
323
Section IX. Contract Forms
Table of Forms
Notification of Award - Letter of Acceptance ................................................................ 324
Contract Agreement ....................................................................................................... 325
Appendix 1. Terms and Procedures of Payment .......................................................... 329
Appendix 2. Price Adjustment .................................................................................... 331
Appendix 3. Insurance Requirements ......................................................................... 332
Appendix 4. Time Schedule ....................................................................................... 335
Appendix 5. List of Major Items of Plant and Installation Services and List of Approved
Subcontractors ................................................................................................. 338
Appendix 6. Scope of Works and Supply by the Employer ......................................... 339
Appendix 7. List of Documents for Approval or Review ............................................ 340
Appendix 8. Functional Guarantees ............................................................................ 341
Performance Security Form ......................................... Ошибка! Закладка не определена.
Bank Guarantee Form for Advance Payment ............................................................... 343
324
Section IX. Contract Forms
Notification of Award - Letter of Acceptance
______________________
To: ____________________________
This is to notify you that your Bid dated ____________ for execution of the _________________ for
the Contract Price in the aggregate of _____________________ ________________, as corrected and
modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
You are requested to furnish the Performance Security within 28 days in accordance with the
Conditions of Contract, using for that purpose one of the Performance Security Forms included
in Section IX, - Contract Forms, of the Bidding Document
Authorized Signature:
Name and Title of Signatory:
Name of Agency:
Attachment: Contract Agreement
Section IX. Contract Forms
325
Contract Agreement
THIS AGREEMENT is made the ________ day of ________________________, _____,
BETWEEN
(1) ______________________, a corporation incorporated under the laws of ___________ and having
its principal place of business at ___________________ (hereinafter called “the Employer”), and (2)
______________________, a corporation incorporated under the laws of ________________________
and having its principal place of business at ________________________ (hereinafter called “the
Contractor”).
WHEREAS the Employer desires to engage the Contractor to design, manufacture, test, deliver,
install, complete and commission certain Facilities, viz. _________________ (“the Facilities”), and
the Contractor has agreed to such engagement upon and subject to the terms and conditions
hereinafter appearing.
NOW IT IS HEREBY AGREED as follows:
Article 1.
Contract
Documents
1.1
Contract Documents (Reference GC Clause 2)
The following documents shall constitute the Contract between
the Employer and the Contractor, and each shall be read and
construed as an integral part of the Contract:
1.2
(a)
This Contract Agreement and the Appendices hereto
(b)
Letter of Bid and Price Schedules submitted by the
Contractor
(c)
Particular Conditions
(d)
General Conditions
(e)
Specification
(f)
Drawings
(g)
Other completed bidding forms submitted with the Bid
(h)
Any other documents forming part of the Employer’s
Requirements
(i)
Any other documents shall be added here
Order of Precedence (Reference GC Clause 2)
In the event of any ambiguity or conflict between the Contract
Documents listed above, the order of precedence shall be the
order in which the Contract Documents are listed in Article 1.1
(Contract Documents) above.
1.3
Definitions (Reference GC Clause 1)
Capitalized words and phrases used herein shall have the same
meanings as are ascribed to them in the General Conditions.
326
Article 2.
Contract Price
and Terms of
Payment
Section IX. Contract Forms
2.1
Contract Price (Reference GC Clause 11)
The Employer hereby agrees to pay to the Contractor the
Contract Price in consideration of the performance by the
Contractor of its obligations hereunder. The Contract Price shall
be the aggregate of: __________________, _______________ as
specified in Price Schedule No. 5 (Grand Summary),
and_______________, _________________, or such other sums as
may be determined in accordance with the terms and conditions
of the Contract.
2.2
Terms of Payment (Reference GC Clause 12)
The terms and procedures of payment according to which the
Employer will reimburse the Contractor are given in the
Appendix (Terms and Procedures of Payment) hereto.
The Employer may instruct its bank to issue an irrevocable
confirmed documentary credit made available to the Contractor
in a bank in the country of the Contractor. The credit shall be for
an amount of ________________________; and shall be subject to
the Uniform Customs and Practice for Documentary Credits
1993 Revision, ICC Publication No. 600.
In the event that the amount payable under Schedule No. 1 is
adjusted in accordance with GC 11.2 or with any of the other
terms of the Contract, the Employer shall arrange for the
documentary credit to be amended accordingly.
Article 3.
Effective Date
3.1
Effective Date (Reference GC Clause 1)
The Effective Date from which the Time for Completion of the
Facilities shall be counted is the date when all of the following
conditions have been fulfilled:
(a)
This Contract Agreement has been duly executed for and
on behalf of the Employer and the Contractor;
(b)
The Contractor has submitted to the Employer the
performance security and the advance payment guarantee;
(c)
The Employer has paid the Contractor the advance payment
(d)
The Contractor has been advised that the documentary
credit referred to in Article 2.2 above has been issued in its
favor.
Each party shall use its best efforts to fulfill the above conditions
for which it is responsible as soon as practicable.
Article 4.
3.2
If the conditions listed under 3.1 are not fulfilled within two (2)
months from the date of this Contract notification because of
reasons not attributable to the Contractor, the Parties shall
discuss and agree on an equitable adjustment to the Contract
Price and the Time for Completion and/or other relevant
conditions of the Contract.
4.1
The address of the Employer for notice purposes, pursuant to GC
Section IX. Contract Forms
Communicatio
ns
Article 5.
Appendices
327
4.1 is: ______________________.
4.2 The address of the Contractor for notice purposes, pursuant to GC
4.1 is: ________________________.
5.1
The Appendices listed in the attached List of Appendices shall be
deemed to form an integral part of this Contract Agreement.
5.2 Reference in the Contract to any Appendix shall mean the
Appendices attached hereto, and the Contract shall be read and
construed accordingly.
IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to be
duly executed by their duly authorized representatives the day and year first above written.
Signed by, for and on behalf of the Employer
[Signature]
[Title]
in the presence of
328
Section IX. Contract Forms
Signed by, for and on behalf of the Contractor
[Signature]
[Title]
in the presence of
APPENDICES
Appendix 1
Appendix 2
Appendix 3
Appendix 4
Appendix 5
Appendix 6
Appendix 7
Appendix 8
Terms and Procedures of Payment
Price Adjustment
Insurance Requirements
Time Schedule
List of Major Items of Plant and Installation Services and List of Approved
Subcontractors
Scope of Works and Supply by the Employer
List of Documents for Approval or Review
Functional Guarantees
Section IX. Contract Forms
329
Appendix 1. Terms and Procedures of Payment
In accordance with the provisions of GC Clause 12 (Terms of Payment), the Employer shall pay
the Contractor in the following manner and at the following times, on the basis of the Price
Breakdown given in the section on Price Schedules. Payments will be made in the currencies
quoted by the Bidder unless otherwise agreed between the Parties. Applications for payment in
respect of part deliveries may be made by the Contractor as work proceeds.
TERMS OF PAYMENT
Schedule No. 1. Plant and Equipment Supplied from Abroad
In respect of plant and equipment supplied from abroad, the following payments shall be
made:
Ten percent (10%) of the total CIP amount as an advance payment against receipt of
invoice and an irrevocable advance payment security for the equivalent amount made out
in favor of the Employer. The advance payment security may be reduced in proportion to
the value of the plant and equipment delivered to the site, as evidenced by shipping and
delivery documents.
Seventy percent (70%) of the total or pro rata CIP amount upon Incoterm “CIP”, upon
delivery to the carrier within forty-five (45) days after receipt of documents:
[The list of documents shall be specified during the awarding of the Contract upon the
agreement between the Parties]
Twenty percent (20%) of the total or pro rata CIP amount upon issue of the Completion
Certificate and Operational Acceptance Certificate, within forty-five (45) days after receipt of
invoice.
Schedule No. 2. Plant and Equipment Supplied from within the Employer’s Country
In respect of plant and equipment supplied from within the Employer’s country, the
following payments shall be made:
Ten percent (10%) of the total EXW amount as an advance payment against receipt of
invoice, and an irrevocable advance payment security for the equivalent amount made out
in favor of the Employer. The advance payment security may be reduced in proportion to
the value of the plant and equipment delivered to the site, as evidenced by shipping and
delivery documents.
Seventy percent (70%) of the total or pro rata EXW amount upon Incoterm “Ex-Works,”
upon delivery to the carrier within forty-five (45) days after receipt of invoice and
documents:
[The list of documents shall be specified during the awarding of the Contract upon the
agreement between the Parties]
330
Section IX. Contract Forms
Twenty percent (20%) of the total or pro rata EXW amount upon issue of the Completion
Certificate and Operational Acceptance Certificate, within forty-five (45) days after receipt
of invoice.
Schedule No. 3. Installation and Other Services
In respect of installation and other services for both the foreign and local currency portions,
the following payments shall be made:
Ten percent (10%) of the total installation and other services amount as an advance
payment against receipt of invoice, and an irrevocable advance payment security for the
equivalent amount made out in favor of the Employer. The advance payment security may
be reduced in proportion to the value of work performed by the Contractor as evidenced by
the invoices for installation services.
Seventy percent (70%) of the measured value of work and other services performed by the
Contractor, as identified in the said Program of Performance, during the preceding month,
as evidenced by the Employer’s authorization of the Contractor’s application, will be made
followings:
Twenty percent (20%) upon completion works and other services by the Contractor to the
destinations (M01, M03 ,M04 ,M05, M07, M09, M10, M11, М19, M20, M26, M27, M28, M29, M30
,M31 ,M33) upon signing of the Completion Certificate by Employer within forty-five (45)
days after receipt of invoice.
Twenty percent (20%) upon completion works and other services by the Contractor to the
destinations (M02,М06, M08, M12, M13, M14, M15, M16, M17, M18, М21, M22, M23, M24, M25,
М32, H01, H02), upon signing of the Completion Certificate by Employer within forty-five
(45) days after receipt of invoice.
Thirty percent (30%) upon completion of works by the Contractor to the destinations (B01.
B001) upon signing of the Completion Certificate by Employer within forty-five (45) days
after receipt of invoice.
Twenty percent (20%) of the total or pro rata value of installation and other services
performed by the Contractor as evidenced by the Employer’s authorization of the
Contractor’s monthly applications, upon issue of the Operational Acceptance Certificate,
within forty-five (45) days after receipt of invoice.
In the event that the Employer fails to make any payment on its respective due date, the
Employer shall pay to the Contractor interest on the amount of such delayed payment at the rate
of 0.25 percent (0.25%) per week for period of delay until payment has been made in full. The
maximum amount of the interest rate shall be: 10% of the contract price.
PAYMENT PROCEDURES
The procedures to be followed in applying for certification and making payments shall be as
follows:
[The particular procedure shall be specified during the awarding of the Contract upon the
agreement between the Parties considering the proposal of the Bidder]
Section IX. Contract Forms
331
Appendix 2. Price Adjustment
Not applicable
332
Section IX. Contract Forms
Appendix 3. Insurance Requirements
Insurances to be Taken Out by the Contractor
In accordance with the provisions of GC Clause 34, the Contractor shall at its expense take out
and maintain in effect, or cause to be taken out and maintained in effect, during the performance
of the Contract, the insurances set forth below in the sums and with the deductibles and other
conditions specified. The identity of the insurers and the form of the policies shall be subject to
the approval of the Employer, such approval not to be unreasonably withheld.
(a)
Cargo Insurance
Covering loss or damage occurring, while in transit from the supplier’s or manufacturer’s
works or stores until arrival at the Site, to the Facilities (including spare parts therefor) and
to the construction equipment to be provided by the Contractor or its Subcontractors.
Amount
Deductible limits
Parties insured
From
To
$7,000 or
equivalent
Contractor and
Employer
Supplier’s/
Manufacturer’s
works or stores
Contract
Site
$2,500 or
equivalent
Contractor and
Employer
Supplier’s/
Manufacturer’s
works or stores
Contract
Site
For materials and
equipment supplied
from outside the
Kyrgyz Republic
110 percent of CIP
price of materials
and equipment listed
in Schedules Nos.
1a and 1b of the
Price Schedule
For materials and
equipment supplied
from within the
Kyrgyz Republic:
110 percent of EXW
price of materials
and equipment listed
in Schedule No. 2 of
the Price Schedule
(b)
Installation All Risks Insurance
Covering physical loss or damage to the Facilities at the Site, occurring prior to completion
of the Facilities, with an extended maintenance coverage for the Contractor’s liability in
respect of any loss or damage occurring during the defect liability period while the
Contractor is on the Site for the purpose of performing its obligations during the defect
liability period.
Amount
Deductible limits
Parties insured
From
To
Section IX. Contract Forms
110 of Contract
Price
(c)
333
$25,000 or
equivalent
Contractor and
Employer
Contract
Site
Contract
Site
Third Party Liability Insurance
Covering bodily injury or death suffered by third parties (including the Employer’s
personnel) and loss of or damage to property (including the Employer’s property and any
parts of the Facilities that have been accepted by the Employer) occurring in connection
with the supply and installation of the Facilities.
Amount
Up to US$200,000
per occurrence
(unlimited no. of
occurrence)
Deductible limits
Parties insured
From
To
$5,000 or
equivalent
Contractor’s and
Employer’s
personnel, and
other third parties
Contract
Site
Contract
Site
(d)
Automobile Liability Insurance
Covering use of all vehicles used by the Contractor or its Subcontractors (whether or not
owned by them) in connection with the supply and installation of the Facilities.
Comprehensive insurance in accordance with statutory requirements.
(e)
Workers’ Compensation
In accordance with the statutory requirements applicable in any country where the
Facilities or any part thereof is executed.
(f)
Employer’s Liability
In accordance with the statutory requirements applicable in any country where the
Facilities or any part thereof is executed.
(g)
Other Insurances
The Contractor is also required to take out and maintain at its own cost the following
insurances: n/a
The Employer shall be named as co-insured under all insurance policies taken out by the
Contractor pursuant to GC Sub-Clause 34.1, except for the Third Party Liability, Workers’
Compensation and Employer’s Liability Insurances, and the Contractor’s Subcontractors shall be
named as co-insureds under all insurance policies taken out by the Contractor pursuant to GC
Sub-Clause 34.1, except for the Cargo, Workers’ Compensation and Employer’s Liability
Insurances. All insurer’s rights of subrogation against such co-insureds for losses or claims
arising out of the performance of the Contract shall be waived under such policies.
334
Section IX. Contract Forms
Insurances To Be Taken Out By The Employer
The Employer shall at its expense take out and maintain in effect during the performance of the
Contract the following insurances: none.
Appendix 4. Time Schedule
Phase
Activities
Time for
Completion
Liquidated
Damages
Applicable in Event
of Late Completion
Inception
Phase
The Contractor will prepare an
Inception Report. The Inception
Report will provide and confirm
the details of the Contractor
approach to the work, the staff
involved, processes and protocols
for acceptance testing, approach
to regular reporting and technical
meetings, and work schedule.
The Inception report will note the
obligations of the Contractor and
expect role of the Employer. The
Employer will review and
approve the Inception Report
Within one month
after the Effective
Date as specified
in GC Sub-clause
1 or earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
Site Survey
Phase
The Contractor with the Employer
shall conduct a field site survey
for each of the proposed sites.
The purpose of the field site
survey is to gather the necessary
information for the final detailed
design of the site layout and
selection of equipment, which
considers the Contractor’s
proposed equipment offering.
The Contractor and Employer will
reach agreement on the site layout
and will both approve the field
site survey report while on site
Within three
months after the
Effective Date as
specified in GC
Sub-clause 1 or
earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
The Contractor will provide the
Employer with standard technical
drawings and specifications for
each of the common elements
used to construction the field
sites, such as fences, towers,
foundations, enclosures, conduit,
Depends on the
grounding, benchmarks,
completion of
Stevenson screens, signage, etc.
Demo Site Phase
As well, the Contractor will
provide for each site a final
detailed design for approval by
the Employer according to the site
layout and information gather
during the site survey. The final
detailed designs for each site will
be reviewed and approved by the
In accordance with
GC Sub-Clause 36.2
Design Phase
336
Phase
Activities
Time for
Completion
Liquidated
Damages
Applicable in Event
of Late Completion
Employer after the Demo Site
Phase has been successfully
concluded
Demo Site
Phase
The Contractor will construct two
sites, as a minimum, to
demonstrate the overall layout,
equipment configuration, and
functionality for a hydrologic and
meteorological site. A Critical
Design Review will be conducted
by the Employer to ensure the
proposed field design, layout, and
installation satisfies acceptable
building and expected functional
requirements. The Contractor and
the Employer will draft a Critical
Design Report noting any design,
installation, or equipment
deficiencies. Any required
corrective actions or
modifications must be
incorporated by the Contractor
into the final detailed design for
each site
Within five
months after the
Effective Date as
specified in GC
Sub-clause 1 or
earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
Phase I
Installation
Approximately twenty percent
(20%) of the field sites and a
basic version of the central data
processing software for automatic
data acquisition, processing,
archiving and dissemination of
hydro-meteorological data and
information will be installed
during Phase I. The purpose of
Phase I is to demonstrate
fundamental end-to-end data
collection and processing during
the early stages of system
implementation. The Contractor
will provide initial training to the
Employer’s staff on the basic
system of hardware and software
as installed and on-the-job
training in installation, operation,
and maintenance of equipment
installed at the field sites. The
Contractor will host a one-day
workshop at the end of Phase I to
Within eight
months after the
Effective Date as
specified in GC
Sub-clause 1 or
earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
Section IX. Contract Forms
Phase
Activities
Time for
Completion
Liquidated
Damages
Applicable in Event
of Late Completion
present the status of the work and
demo the operation of the field
and office systems installed under
Phase I
Phase II
Installation
An additional sixty percent (60%)
of the field sites and a fully
operational version of the central
data processing software
including analytical and
modelling software will be
installed. The Contractor will
continue to provide training on
data acquisition, database
management and data centre
administration, data processing
and dissemination, and hydrometeorological analysis of data to
the Employer’s staff. As well,
further on-the-job training in
installation, operation, and
maintenance of equipment
installed at the field sites will be
provided the Employer’s staff.
The Contractor will host a oneday workshop at the end of Phase
II to present the status of the work
Within twelve
months after the
Effective Date as
specified in GC
Sub-clause 1 or
earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
Phase III
Installation
The final twenty percent (20%) of
the field sites will be installed
with participation from the
Employer’s staff. The Contractor
will continue to have full
responsibility for the installations.
The objective under Phase III is to
complete the field installations
and to use the period as a handover phase of the field sites
operations and maintenance as
well as the national data centre to
the Employer’s staff. Phase III
will be concluded with the final
acceptance test of the end-to-end
system
Within fifteen
months after the
Effective Date as
specified in GC
Sub-clause 1 or
earlier as
proposed by the
Contractor in its
Bid
In accordance with
GC Sub-Clause 36.2
338
Appendix 5. List of Major Items of Plant and Installation Services and List of
Approved Subcontractors
A list of major items of Plant and Installation Services is provided below.
The following Subcontractors and/or manufacturers are approved for carrying out the items of
the Facilities indicated below. Where more than one Subcontractor is listed, the Contractor is
free to choose between them, but it must notify the Employer of its choice in good time prior to
appointing any selected Subcontractor. In accordance with GC Sub-Clause 19.1, the Contractor
is free to submit proposals for Subcontractors for additional items from time to time. No
Subcontracts shall be placed with any such Subcontractors for additional items until the
Subcontractors have been approved in writing by the Employer and their names have been added
to this list of Approved Subcontractors.
Major Items of Plant and
Installation Services
Approved Subcontractors/Manufacturers
Nationality
Section IX. Contract Forms
339
Appendix 6. Scope of Works and Supply by the Employer
The following personnel, facilities, works and supplies will be provided/supplied by the
Employer, and the provisions of GC Clauses 10, 21 and 24 shall apply as appropriate: none.
340
Section IX. Contract Forms
Appendix 7. List of Documents for Approval or Review
Pursuant to GC Sub-Clause 20.3.1, the Contractor shall prepare, or cause its Subcontractor to
prepare, and present to the Project Manager in accordance with the requirements of GC SubClause 18.2 (Program of Performance), the following documents for
A.
Approval
1. Inception Report
2. Final detailed designs for each site
3. Critical Design Report
B.
Review
1. Inception Report
2. Final detailed designs for each site
Section IX. Contract Forms
341
Bank Guarantee
________________________________
Beneficiary:
Date: ________________
PERFORMANCE GUARANTEE No.:
_________________
We have been informed that ____________________ (hereinafter called “the Contractor”) has
entered into Contract No. ________________ dated ____________ with you, for the execution of
____________________________ (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we ________________________ hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of _________________ (___)14, upon
receipt by us of your first demand in writing accompanied by a written statement stating that the
Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or
to show grounds for your demand or the sum specified therein.
This guarantee shall be reduced by half upon our receipt of:
(a)
(b)
a copy of the Operational Acceptance Certificate; or
a registered letter from the Contractor (i) attaching a copy of its notice requesting
issuance of the Operational Acceptance Certificate and (ii) stating that the project
manager has failed to issue such Certificate within the time required or provide in
writing justifiable reasons why such Certificate has not been issued, so that
Operational Acceptance is deemed to have occurred.
This guarantee shall expire no later than the earlier of: 15
(a)
(b)
twelve months after our receipt of either (a) or (b) above; or
eighteen months after our receipt of:
(i)
(ii)
14
15
a copy of the Completion Certificate; or
a registered letter from the Contractor, attaching a copy of the notice to the
project manager that the Facilities are ready for commissioning, and
The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract
and denominated either in the currency(ies) of the Contract or a freely convertible currency acceptable to the
Employer.
This text shall be revised as and where necessary to take into account (i) partial acceptance of the Facilities in
accordance with Sub-Clause 25.4 of the GCC; and (ii) extension of the performance security when the
Contractor is liable for an extended warranty obligation pursuant to Sub-Clause 27.10 of the GCC (although in
this latter case the Employer might want to consider an extended warranty security in lieu of the extension of
the performance security).
342
Section IX. Contract Forms
(iii)
(c)
stating that fourteen days have elapsed from receipt of such notice (or
seven days have elapsed if the notice was a repeated notice) and the
project manager has failed to issue a Completion Certificate or inform the
Contractor in writing of any defects or deficiencies; or
a registered letter from the Contractor stating that no Completion
Certificate has been issued but the Employer is making use of the
Facilities; or
the ____ day of _____, 2___.16
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
_____________________
[signature(s)]
16
Insert the date twenty-eight days after the expected expiration date of the Defect Liability Period. The Employer
should note that in the event of an extension of the time for completion of the Contract, the Employer would
need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be
made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might
consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees
to a one-time extension of this guarantee for a period not to exceed [six months][one year], in response to the
Employer’s written request for such extension, such request to be presented to the Guarantor before the expiry
of the guarantee.”
Section IX. Contract Forms
343
Bank Guarantee Form for Advance Payment
Beneficiary: ____________________
Date: ________________
ADVANCE PAYMENT GUARANTEE No.:
_________________
We have been informed that ___________________ (hereinafter called “the Contractor”) has
entered into Contract No. ______________ dated ____________ with you, for the execution of
_________________________ (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, an advance
payment in the sum of ______________ (______________________) is to be made against an
advance payment guarantee.
At the request of the Contractor, we ______________________ hereby irrevocably undertake to
pay you any sum or sums not exceeding in total an amount of ________________
(_________________________)upon receipt by us of your first demand in writing accompanied
by a written statement stating that the Contractor is in breach of its obligation under the Contract
because the Contractor used the advance payment for purposes other than toward the execution
of the Works.
It is a condition for any claim and payment under this guarantee to be made that the advance
payment referred to above must have been received by the Contractor on his account number
___________ at _______________________________.
The maximum amount of this guarantee is valid shall be progressively reduced in proportion to
the value of each part-shipment or part-delivery of plant and equipment to the site, as indicated
in copies of the relevant shipping and delivery documents that shall be presented to us. This
guarantee shall expire, at the latest, upon our receipt of documentation indicating full repayment
by the Contractor of the amount of the advance payment, or on the ___ day of _______, 2___,
whichever is earlier.17 Consequently, any demand for payment under this guarantee must be
received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458.
_____________________
[signature(s) name of bank or financial institution]
17
Insert the expected expiration date of the Time for Completion. The Employer should note that in the event of
an extension of the time for completion of the Contract, the Employer would need to request an extension of
this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration
date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following
text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this
guarantee for a period not to exceed [six months][one year], in response to the Employer’s written request for
such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
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