GENERAL OBLIGATIONS

Clause 1: Execution of Works

The Contractor shall supply all labor, tools, plant, transport,

materials and whatever is required for the completion of the works
He shall carry out the works in accordance with the requirements of
specifications required for masonry wall, and such additional
instructions as may be issued from time to time.

Clause 2: Supervision of Works by Contractor

The Contractor shall execute the works with due diligence and
comply with the standard of performance required by the client so
as to meet the specific requirements of quality, quantity and time
frame. If at any time the Engineer observes laxity or serious
departures from set norms, appropriate action(s) shall be taken by
the Contractor to correct the situation.

Clause 3: Inspection

The Client or his authorized representative has the right to inspect

the works and the Contractor shall provide reasonable assistance
for the same as and when required by the Client.

Clause 4: Rejected Works

Works not in compliance with the requirements of the contract will

be rejected. On the instruction of the Client, the Contractor shall at
his own cost repair or correct or re-execute such rejected work to
the full satisfaction of the Client.

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Clauses 5: Force Majeure

In the event of any loss or damage happening from any operation

of the forces of nature against which the parties to the contract
could not reasonably have foreseen, the Contractor shall rectify the
loss or damage. The Employer shall determine an addition to the
contract price and may consider an extension of the contract period.

Clause 6: Quality of Materials and Workmanship

All materials and workmanship shall be of the respective kind and

quality as provided for in the contract and in accordance with the
Client's instructions. The Client responsible to supply all material
of the works.

Clause 7: Access to Materials

The Contractor shall identify all sources of materials required for

works prior to the commencement of the works. The Employer
shall where required facilitate the costs for that materials required..
The Contractor shall not use materials without prior written
authorization of the Client.

Clause 8: Clearance of Site

Upon completion of the works the Contractor shall remove from

the site all equipment, tools, surplus materials, rubbish and
temporary works and shall have the site clean and in a condition
satisfactory to the Client.

Clause 9: Health and Safety and Protection of the Environment.

The Contractor shall through the contract period have full regard
for the health and safety of the working zone and all persons
entitled to be on the site and to keep the site in an orderly state to
avoid any danger to such persons.

The Contractor shall comply with all the existing environmental

requirements and regulations as stipulated by the Government of
Tanzania.

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Clause 10: Commencement and Completion of Work.

The Contractor shall commence and complete the works within

two weeks or within an extended contract period if such extended
time is allowed by the Employer.

Clause 11: Variation

Upon the approval of the Employer, the Client may make any
variation of the form, quality or quantity of the works and he shall
have the authority to instruct the Contractor accordingly. Such
variation(s) shall be through a Variation Order to the Contract. The
Client shall determine the amount (if any) which in his opinion
should be added to or deducted from the sum named in the
contract in respect of any extra or additional work done or work
omitted by such order. The amount so determined shall be based
on the tender unit rates or in case no unit rate is applicable, such
other rate as will be determined by the client and agreed upon
between the Client and the Contractor.

Clause 12: Quantities

The quantities set out in the Bill of Quantities are the estimated
quantities for the works and they are not to be taken as the actual
and correct quantities to be executed by the Contractor.

The Client shall determine by measurement the value of the actual

works and he shall pay for the works in compliance with such
measurement at the contractually stipulated unit cost.
Limit within the quantities may vary and hence exceed the contract
sum.

Clause 13: Payments

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 13.1 Cost of all materials Payment

The Client should release 100% payment for material cost required
for project completion as the advanced payment for the Contractor.

13.2 Final Payment

The Final payment certificate shall be effected within 28 working

days after the date such document has been approved by the
Employer, provided that all works, corrections and repairs, if any,
have been executed to the satisfaction of the Engineer.

13.4 Delayed Payments

If the Employer fails to make payment within the time stated the
Employer shall pay to the Contractor interest at the rate stated by
Bank of Tanzania.

14. Deductions to Payments

The Employer shall be entitled to deduct any sums, advances or

debts recoverable from the Contractor to the Employer from any
sums payable by the Employer to the Contractor under this
contract or any other contract provided always that this provision
shall not effect any other remedy by action at law or otherwise by
which the Employer may be entitled to the recovery of any such
moneys.

15. Payment to Workmen

In case of failure of payment of wages or any other compensation

due to the workmen and/or rental fees for plant/ equipment/
vehicle hire and material under this contract the Employer shall be
entitled to withhold payments from the Contractor. The Employer
shall make use of such withheld payments to pay the Contractor’s
workmen, their wages or other compensation and/or outstanding
rental fees and such payments shall be treated as the payment
received from the Employer by the Contractor under this contract.

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SETTLEMENT OF DISPUTES AND TERMINATION

Clause 16: Settlement of Disputes

If disputes arise they shall be settled by mutual discussions. If the

discussions fail to produce an agreement, either party has the
option to go for arbitration in accordance with the laws of
Tanzania.

Clause17: Termination of Contract

If the Contractor fails to commence the works within the specified time or there
are reasons to believe that he may not complete the works within the specified
time or there are delays beyond the completion date or he fails to comply with
any one of the contract conditions or he pays no attention to the instructions
issued by the Engineer or he becomes bankrupt, the Employer shall be entitled to
terminate the contract and engage a new Contractor to carry out the works.

Clause 18: Payment if Contract Terminated

If the contract shall be terminated, the Contractor shall be paid by

the Employer, in so far as such amounts or items shall not have
already been covered by payments on account made to the
contractor, for all work executed prior to the date of termination at
the rates and prices provided in the contract. Provided always that
against any payments due from the Employer under this clause the
Employer shall be entitled to be credited with any outstanding
balances due from the contractor for advances in respect of
plant/equipment/vehicles and materials and any sum previously
paid by the employer to the contractor in respect of the execution of
the works.

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 CONTRACT DATA

S/N
1 Contract start date: 2 days after date of signing the contract

2 Time for completion is 14 weeks

The Client should release 100% payment for material cost required for
3 project completion as the advanced payment for the Contractor
4 The defect Liability Period is 90 days

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 APPENDIX

DRAWINGS

(Attach Drawings)

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APPENDIX

FORMS
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 QUOTATION SUBMISSION FORM

…………………………….[date]
To: ………………………………,
C.W.T (Tanzania)
P.O Box ………….
Dar Es Salaam

We offer to execute the…………………………… ………………… ………………

………………………………………………………………………………………………
………………………………………………………………………………………………
.……………………………………………………………………………………………..
[name and identification number of quotation] in accordance with the Conditions of
Contract accompanying this Tender for the Contract Price of ………………….[amount
innumbers ],
……………………………………………………………………………………………
[amount in words] in Tanzanian Shillings.

We also offer to complete the said works within a period of …………days/weeks

/ months (delete as necessary) that includes mobilization period.

This quotation and your written acceptance of it shall constitute a binding

Contract between us. We understand that you are not bound to accept the
lowest or any quotation you receive.

We hereby confirm that this quotation complies with the conditions required by
the invitation for quotations.

Authorized Signature: …………………………………………………………………

Name and Title of Signatory: …………………………………………...…………….
Name of Tenderer: …………………………………………………………………….
Address: …………………..………………………………………………….……………

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 Special Power of Attorney

We, the undersigned,

……………… ………….. ……………. ………………. ………(name of Company)

a company duly incorporated in ----------------------------- whose office is at --------

----- by virtue of a company’s resolution dated ………. attached hereto, hereby
appoint ----------------- ----------- --------------- ---------------(name of donee). with
Identity/Passport No. ------------ -------- whose signature appears below:

Signature…………………………………
with full powers to act for us in our names and for our use to do the following acts
related to following project …………… ………… ………. …………………….
…………….. ………… ………. ……… ……… ………… ………… ……………
(name of project)
(i) To negotiate contracts for works /services,
(ii) To sign, execute, endorse all documents;
(iii) To open and close accounts; and
(iv) To commence any action or actions, suit or suits or defend us in any
actions.

AND GENERALLY to execute and do all such deeds and things which he shall deem
necessary or appropriate with the same effect as if we had done, executed or performed it
ourselves in relation to the above named project.

In witness hereof we are entitled to sign for and on behalf of ………… …….. ……
……… ……. ……. ………… (name of company) as we have signed this power of
attorney on this ………day of …………………….. 2018

This Power of Attorney is valid until…………………………….(date)

Authorized Officer of the company Authorized Officer of the company

Name: ………………………………. Name: ……………………………….

Designation:……………………….. Designation:………………………..

Signature: …………………………. Signature: ………………………….

This is to certify that………… ……. ……. …….. …… and………… ………. …….

…… …..…. (names of donors) have this……….day of………..2018 in my presence
signed this power of attorney on behalf of the company above named.

BEFORE ME.

…………………………..
Commissioner for Oaths

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 FORM OF AGREEEMENT

This Agreement, made the……… [date] day of …………… [month], 20….... [year]
between …………………………. -Tanzania), P.O Box ……………………Dar Es
Salaam. (Herein after called “the Employer”) on the one part and…………………….
…………………………………………………………[name and address of Contractor]
(hereinafter called “the Contractor”) on the other part.

Whereas the Employer is desirous that certain works should be carried out, viz:
...............................................……………………................................................................
[name of the project] located at ...........................................................................................
and has by the letter of Acceptance Ref. No.
.................................................dated ..............……………accepted a Tender by the
Contractor for execution, and completion of such Works.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings
as are respectively assigned to them in the Conditions of Contract
hereinafter referred to and;
2. The following documents shall be deemed to form and be read and
construed as part of this Agreement, viz: -

1. Form of Agreement;
2. Letter of Acceptance;
3 Quotation Submission Form
4. Contract Data
5. General Conditions of Contract
6. Specifications
7. Drawings
8. Priced Bill of Quantities
9. Any other document forming part of the contract (Minutes
of clarifications, anti-bribery memorandum)

3. All the aforesaid documents are hereinafter referred to as ‘the Contract’

and shall be taken as complementary and mutually explanatory of one
another but in case of ambiguities or discrepancies shall take precedence
in the order set out above.

4. In consideration of the payments to be made by the Employer to the

Contractor as hereinafter mentioned, the Contractor hereby covenants

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 with the Employer to execute and complete the works in conformity, in all
respects, with the provisions of the Contract.

5. The Employer hereby covenants to pay the Contractor in consideration of

the execution and completion of the works, the sum of Tanzanian
Shillings .....................................................................................................
…………………………………………………………………………................
[amount in words]
(……………………………………..[amount in figures]), hereinafter referred
to as the “Contract Price”, at the times and in the manner prescribed by
the Contract.

IN WITNESS where of, the parties hereto have set their hands and seals on the
day and year first above written.

SIGNED FOR AND ON BEHALF

OF THE EMPLOYER In the presence of

........................................................... .......................................................
Signature Signature

(Name).............................................. (Name) ...........................................

(Occupation).................................... (Occupation).................................

ON BEHALF OF THE CONTRACTOR: In the presence of

........................................................... ..........................................................
Signature Signature

(Name).............................................. (Name)...............................................

(Occupation)...................................... (Occupation)......................................

(Address)........................................... (Address)...........................................

MEMORANDUM FOR ANTI-BRIBERY POLICY

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 GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA

This company _________________________________________ (name of

Company)
Places importance on competitive tendering taking place on a basis that is
free, fair, competitive and not open to abuse. It is pleased to confirm that
it will not offer or facilitate, directly or indirectly, any improper
inducement or reward to any public officer their relations or business
associates, in connection with its tender, or in the subsequent performance
of the contract if it is successful.

This company has an Anti-Bribery Policy/ Code of Conduct and a

Compliance Program which includes all reasonable steps necessary to
assure that the No-bribery commitment given in this statement will be
complied with by its managers and employees as well as by all third
parties working with this company on the public sector projects or
contract including agents, consultants, consortium partners, sub-
contractors and suppliers. Copies of our Anti- Bribery Policy/Code
Conduct and Compliance Program are attached.

______________________________ _______________
(Name of the Authorized Person) Signature

________________
Date

_________________________________
Company stamp/seal

MEMORANDUM (Format 2)
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(Regulation 100(2) of the Public Procurement (Goods, Works, Non-Consultant
Services and Disposal of Public Assets by Tender) Regulations, 2005 -
Government Notice No. 97 of 15th April, 2005

This company _____________________ (name of company) has

issued, for the purposes of this tender, a Compliance Program copy attached
-which includes all reasonable steps necessary to assure that the No-bribery
commitment given in this statement will be complied with by its managers and
employees, as well as by all third parties working with this company on the
public sector projects or contract including agents, consultants, consortium
partners, subcontractors and suppliers')"

Authorized Signature:

Name and Title of Signatory:

Name of Tenderer:

Address: ____________________________________________________________

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