UOM-Section 8
UOM-Section 8
UOM-Section 8
The following Particular Conditions shall supplement the General Conditions in Section 7. Whenever there is a conflict,
the provisions herein shall prevail over those in the General Conditions.
Contents
Part A - Contract Data (Appendix to Tender) .......................................................................................... 2
Part B – Particular Conditions ................................................................................................................. 7
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
8-2 Section 8: Particular Conditions
All reference Clauses and Sub-clauses provided in this Contract Data shall be construed as reference
Clauses and Sub-clauses in Section 7 General Conditions and in FIDIC Appendix to Bid.
Employer’s name and address 1.1.2.2 & 1.3 Project Director, STHRD Project
Ministry of Education
No. 363 E, Horagahakanda Road, Talangama
North, Koswatta, Battaramulla, Sri Lanka.
Contractor’s name and address 1.1.2.3 & 1.3 [Will be included at the time of signing the
contract]
Engineer’s name and address 1.1.2.4 & 1.3 [Shall be appointed at the time of signing the
contract]
Time for access to the Site 2.1 Dates of giving right of access shall be: within
14 days from issue of Letter of Acceptance
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-3
Normal working hours 6.5 Normal working hours as per the labor
laws/regulations in Sri Lanka.
Contractor is expected to obtain necessary
security clearance for their work at site and
obtain necessary clearance for working
outside normal hours from the relevant
authorities and the Engineer. The contractor
should minimize any inconvenience or
nuisance to the students/ lecturers / residents
/ Staff members/ other individuals and firms
who provide services to the functioning of the
university.
Delay damages for the Works 8.7 & 0.05% of the Accepted Contract Amount per
14.15(b) day, in the currencies and proportions in
which the Contract Price is payable.
Adjustments for Changes in Cost 13.8 The Contract Price shall be adjustable
during Contract Execution. Calculation of
Price fluctuation shall be based on the CIDA
price adjustment formula published in the
CIDA/SBD 02/ Revised Edition 2007
The prices adjustment formula for adjusting
the prices and explanatory details are
specified in the GCC clause 13.8 and
Appendix 2 of Contract Agreement.
Contractor shall fill out the Tables of
Adjustment Data in Section 4 (Bidding
Forms)”. The Adjustment data shall be
verified after obtaining the approval for the
detail design and along with the submission
of the final detail design. Contractor shall
calculate the input percentages using the
methodology described in ICTAD Formula
Method – [2nd Edition – June 2008]
published by Construction Development
Authority (CIDA).
Nonadjustable materials – Contractor shall
list out Non-Adjustable elements separately
under the Schedules in Section 4
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-4 Section 8: Particular Conditions
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-5
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-6 Section 8: Particular Conditions
Appointment (if not agreed) to be 20.3 Institute for the Development of Commercial
made by Law and Practice (ICLP), Colombo.
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-7
Part B – Particular Conditions – Please add any provision to match engineer’s requirement.
-- Note --
Part B - Specific Provisions of the Particular Conditions are intended to address country, project, and contract
specific requirements not covered by the General Conditions. Whoever drafts the Specific Provisions should be
thoroughly familiar with the provisions of the General Conditions and with any specific requirements of the
contract. Legal advice is recommended when amending provisions or drafting new ones.
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
Section 8 – Particular Conditions 8-8
The following Particular Conditions shall supplement the General Conditions. Whenever there is a
conflict, the provisions herein shall prevail over those in the General Conditions.
All reference Clauses and Sub-Clauses provided in the Particular Conditions shall be construed as
reference Clauses and Sub-Clauses in the General Conditions.
1. General Provisions
1.2 Interpretation
In these Conditions, provisions including the expression "Cost plus reasonable profit"
require this profit to be one-twentieth (5%) of this Cost.
The Contractor’s and the Employer’s Personnel shall disclose all such confidential and
other information as may be reasonably required in order to verify the Contractor’s
compliance with the Contract and allow its proper implementation.
Each of them shall treat the details of the Contract as private and confidential, except
to the extent necessary to carry out their respective obligations under the Contract
or to comply with applicable Laws. Each of them shall not publish or disclose any
particulars of the Works prepared by the other Party without the previous agreement
of the other Party. However, the Contractor shall be permitted to disclose any
publicly available information, or information otherwise required to establish his
qualifications to compete for other projects.
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-9
The Contractor shall permit the Bank and/or persons appointed by the Bank to
inspect the Site and/or the Contractor’s accounts and records relating to the
performance of the Contract and to have such accounts and records audited by
auditors appointed by the Bank if required by the Bank.
2 The Employer
In addition, if the Bank has notified to the Borrower that the Bank has suspended
disbursements under its loan, which finances in whole or in part the execution of the
Works, the Employer shall give notice of such suspension to the Contractor with
detailed particulars, including the date of such notification, with a copy to the
Engineer, within 7 days of the Borrower having received the suspension notification
from the Bank. If alternative funds will be available in appropriate currencies to the
Employer to continue making payments to the Contractor beyond a date 60 days
after the date of Bank notification of the suspension, the Employer shall provide
reasonable evidence in his notice of the extent to which such funds will be available
3 The Engineer
The Engineer shall obtain the specific approval of the Employer before taking action
under the-following Sub-Clauses of these Conditions:
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-10 Section 8: Particular Conditions
(d) Sub-Clause 13.4: specifying the amount payable in each of the applicable
currencies
Notwithstanding the obligation, as set out above, to obtain approval, if, in the opinion
of the Engineer, an emergency occurs affecting the safety of life or of the Works or
of adjoining property, he may, without relieving the Contractor of any of his duties
and responsibility under the Contract, instruct the Contractor to execute all such
work or to do all such things as may, in the opinion of the Engineer, be necessary to
abate or reduce the risk. The Contractor shall forthwith comply, despite the absence
of approval of the Employer, with any such instruction of the Engineer. The Engineer
shall determine an addition to the Contract Price, in respect of such instruction, in
accordance with Clause 13 and shall notify the Contractor accordingly, with a copy to
the Employer.
The Engineer or the Contractor’s Representative may require the other to attend a
management meeting in order to review the arrangements for future work. The
Engineer shall record the business of management meetings and supply copies of the
record to those attending the meeting and to the Employer. In the record,
responsibilities of any actions to be taken shall be in accordance with the Contract.
4 The Contractor
4.1 Contractor’s General Obligations
All equipment, material, and services to be incorporated in or required for the Works
shall have their origin in any eligible source country as defined by the Bank.
Delete the last sentence of the second paragraph in Sub-Clause 4.2 and substitute:
The Performance Security shall be issued by a commercial bank registered with the
Central Bank of Sri Lanka selected by the Contractor, and shall be in the form annexed
to the Particular Conditions or in another form approved by the Employer
Without limitation to the provisions of the rest of this Sub-Clause, whenever the
Engineer determines an addition or a reduction to the Contract Price as a result of a
change in cost and/or legislation or as a result of a Variation, amounting to more than
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-11
25 percent of the portion of the Contract Price payable in a specific currency, the
Contractor shall at the Engineer's request promptly increase, or may decrease, as the
case may be, the value of the Performance Security in that currency by an equal
percentage.
4.4 Subcontractors
The Contractor shall ensure that the requirements imposed on the Contractor by Sub-
Clause 1.12 [Confidential Details] apply equally to each Subcontractor.
Where practicable, the Contractor shall give fair and reasonable opportunity for
contractors from the Country to be appointed as Subcontractors.
“The Contractor shall adequately record the condition of roads, agricultural land and
other infrastructure prior to the start of transporting materials, goods and
equipment, and construction.”
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-12 Section 8: Particular Conditions
“The Contractor shall comply with all applicable national, provincial, and local
environmental laws and regulations.
More particularly, the Contractor shall comply with (i) the measures and
requirements set forth in the initial environmental examination and the
environmental management plan; and (ii) any corrective or preventative
actions set out in safeguards monitoring reports that the Employer will
prepare from time to time to monitor implementation of the initial
environmental examination and the environmental management plan.
“(i) monitoring of the obligations in Sub-Clauses 4.13, 4.18, 6.4, 6.7, 6.20, 6.21 and
6.24
After formulating preliminary design proposal, the selected bidder shall submit to the
employer a compliance report stating that the employer’s requirements have been
complied in his proposal and, make a power point presentation of the preliminary
design to the employer, and obtain employer’s consent to proceed with detail design.
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-13
The employer shall appoint a review panel to review and recommend to him the
preliminary design proposal subject to any revisions or amendments to meet the
employer’s requirement as stated in section 6.
On receipt of the recommendation of the review panel, the employer shall authorize
the selected contractor to proceed to the detail design stage. It is the obligation of
the contractor to undertake the detail design as per the instructions given by the
employer.
“The Contractor shall (a) provide equal ways and benefits to men and women for of
equal value or type; (b) incorporate applicable workplace occupational safety norms;
(c) not use child labor; (d) not use forced labor; (e) not discriminate workers in respect
of employment and occupation; and (f) allow freedom of association and effectively
recognize the right to collective bargaining.”
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-14 Section 8: Particular Conditions
The Contractor shall ensure that its employees and Subcontractors observe the
highest ethical standards and refrain from any form of bullying, discrimination,
misconduct and harassment, including sexual harassment and shall, at all times,
behave in a manner that creates an environment free of unethical behavior, bullying,
misconduct and harassment, including sexual harassment. The Contractor shall take
appropriate action against any employees or subcontractors, including suspension or
termination of employment or subcontract, if any form of unethical or inappropriate
behavior is identified.
The Contractor shall conduct training programs for its employees and Subcontractors
to raise awareness on and prevent any form of bullying, discrimination, misconduct
and harassment including sexual harassment, and to promote a respectful work
environment. The Contractor shall keep an up-to-date record of its employees and
Subcontractors who have attended and completed such training programs and
provide such records to the Employer or the Engineer at their first written request.
“Upon the completion of construction, the Contractor shall fully reinstate pathways,
other local infrastructure, and agricultural land to at least their pre-project condition
as recorded by the Contractor in consonance with its obligation in Clause 4.16.”
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-15
adjustment data in accordance with the provisions of Sub-Clause 13.8 [ Adjustments for
Changes in Cost ].
in which:
F = Price adjustment for the period concerned.
V = Current valuation of work done for the period.
Vna = Value of non-adjustable elements or value of work not considered for price variation
Px = Input percentage of input named X.
lxc = Current indices of input X.
lxb = Base indices of input X.
f) The "Indices" means the monthly indices published by Institute for Construction
Training and Development for different Inputs.
g) For the purpose of determining the applicable indices the Month is defined as the time
period between the first and the last day of any month in the Gregorian calendar inclusive
of the first and last d ay.
h) "Base Indices" means the indices for the inputs, prevailing for the Month, one month prior
to the Month on which the latest date for submission of Bids falls.
i) In the case of first monthly statement the current indices shall be taken as the indices
prevailing on the Month where the Commencement Date falls. For any other monthly
statement or for the statement at completion the current indices shall be taken as the
indices prevailing for the Month where the first date of the current valuation period falls.
(iv) If the Contractor fails to complete the Works within the time for completion
prescribed under Sub-Clause 8.2 {Time for Completion) or 8.4 (Extension of Time
for Completion) the price adjustment for the work performed after the due date
of completion as described above shall be made using the current indices prevailed
at the due date for completion.
(v) The weightings for each of the Inputs of cost given in this Clause shall be adjusted
if, in the opinion of the Engineer, they have been rendered unreasonable,
unbalanced or inapplicable as a result of varied or additional work already executed
or instructed under Sub- Clause 3.3 (Instructions of the Engineer) or for any other
reason.
Delete the last sentence of the third paragraph of Sub-Clause 14.2 and substitute:
The advance payment guarantee shall be in the form of a bank guarantee as per form
included as an annex to the Particular Conditions issued by a commercial bank
registered with the Central Bank of Sri Lanka, including scheduled banks. If the
institution issuing the guarantee is located outside the country of the Employer, it
shall have a correspondent financial institution located in the country of the Employer
to make it enforceable.
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-17
15.6.2 The Employer requires the Contractor to disclose any commissions, gratuities or fees
that may have been paid or are intended to be paid to agents or any other party with respect
to the bidding process or execution of the Contract. The information disclosed must include
at least the name and address of the agent or other party, the amount and currency, and the
purpose of the commission, gratuity or fee.
1.1 ADB’s Anticorruption Policy and Integrity Principles and Guidelines (both as amended
from time to time) and this annex apply with respect to procurement under ADB financed
activities.
2. Requirements
2.1 ADB requires Borrowers (including beneficiaries of ADB-financed activity) and their
personnel, as well as firms and individuals participating in an ADB-financed activity, including
but not limited to, Bidders, Suppliers and Contractors, agents, subcontractors,
subconsultants, service providers, sub-suppliers, manufacturers (including their respective
officers, directors, employees and personnel) under ADB-financed contracts to observe the
highest standard of ethics during the procurement and execution of such contracts in
accordance with ADB’s Anticorruption Policy (1998, as amended from time to time). In
pursuance of this policy, ADB
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly,
anything of value to influence improperly the actions of another party;
(ii) “fraudulent practice” means 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;
(iii) “coercive practice” means impairing or harming, or threatening to impair or harm, directly
or indirectly, any party or the property of the party to influence improperly the actions of a
party;
(iv) “collusive practice” means an arrangement between two or more parties designed to
achieve an improper purpose, including influencing improperly the actions of another party;
(v) “abuse” means theft, waste, or improper use of assets related to ADB-related activity,
either committed intentionally or through reckless disregard;
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-18 Section 8: Particular Conditions
(vi) “conflict of interest” means any situation in which a party has interests that could
improperly influence that party’s performance of official duties or responsibilities,
contractual obligations, or compliance with applicable laws and regulations;
(vii) “integrity violation” means any act, as defined under ADB’s Integrity Principles and
Guidelines (2015, as amended from time to time), which violates ADB’s Anticorruption Policy,
including (i) to
(vi) above and the following: obstructive practice, violations of ADB sanctions, retaliation
against whistleblowers or witnesses, and other violations of ADB’s Anticorruption Policy,
including failure to adhere to the highest ethical standards.
(b) will reject a proposal for award if it determines that the Bidder recommended for award
or any of its officers, directors, employees, personnel, subconsultants, subcontractors, service
providers, suppliers or manufacturers has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or other integrity violations in
competing for the Contract.
(c) will cancel the portion of the financing allocated to a contract if it determines at any time
that representatives of the Borrower or of a beneficiary of ADB-financing engaged in corrupt,
fraudulent, collusive, coercive, or obstructive practices or other integrity violations during the
procurement or the execution of that contract, without the Borrower having taken timely and
appropriate action satisfactory to ADB to remedy the situation, including by failing to inform
ADB in a timely manner at the time they knew of the integrity violations;
(d) will impose remedial actions on a firm or an individual at any time, in accordance with
ADB’s Anticorruption Policy and Integrity Principles and Guidelines, including declaring
ineligible, either indefinitely or for a stated period of time, to participate in ADB financed,-
administered, or -supported activities, or to benefit from an ADB-financed, -administered, or
-supported contract,
financially or otherwise, if it at any time determines that the firm or individual has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
or other integrity violations; and
(e) will have the right to require that a provision be included in bidding documents and in
contracts financed, administered, or supported by ADB, requiring Bidders, suppliers and
contractors, consultants, manufacturers, service providers and other third parties engaged or
involved in ADB related activities, and their respective officers, directors, employees and
personnel, to permit ADB or its representative to inspect the site and their assets, accounts
and records and other documents relating to the bid submission and contract performance
and to have them audited by auditors appointed by ADB.
2.2 All Bidders, consultants, contractors, suppliers, manufacturers, service providers, and
other third parties engaged or involved in ADB-related activities and their respective officers,
directors, employees and personnel, are required to cooperate fully in any investigation when
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-19
2.3 All Bidders, consultants, contractors and suppliers shall require their officers, directors,
employees, personnel, agents to ensure that, in its contracts with its subconsultants,
Subcontractors, and other third parties engaged or involved in ADB-related activities, such
sub-consultants, Subcontractors, and other third parties similarly are required to cooperate
fully in any investigation when requested by ADB to do so.
2.4 The Contractor undertakes that no fees, gratuities, rebates, gifts, commissions or other
payments, other than those shown in the bid, have been given or received in connection with
the procurement process or in the contract execution.
In the event the Bank suspends the loan or credit from which part or whole of the
payments to the Contractor are being made, if the Contractor has not received the
sums due to him upon expiration of the 14 days referred to in Sub-Clause 14.7
[Payment] for payments under Interim Payment Certificates, the Contractor may,
without prejudice to the Contractor's entitlement to financing charges under Sub-
Clause 14.8 [Delayed Payment], take one of the following actions, namely (i)
suspend work or reduce the rate of work under Sub-Clause 16.1 above, or (ii)
terminate the Contract by giving notice to the Employer, with a copy to the Engineer,
such termination to take effect 14 days after the giving of the notice.
17 Risk and Responsibility
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-20 Section 8: Particular Conditions
The Contractor shall take full responsibility for the care of the Employer provided
accommodation and facilities, if any, as detailed in the Specification, from the
respective dates of hand-over to the Contractor until cessation of occupation (where
hand-over or cessation of occupation may take place after the date stated in the
Taking-Over Certificate for the Works).
If any loss or damage happens to any of the above items while the Contractor is
responsible for their care arising from any cause whatsoever other than those for
which the Employer is liable, the Contractor shall, at his own cost, rectify the loss or
damage to the satisfaction of the Engineer.
18 Insurance
Delete Clause 18 and substitute:
18.1 Insurance for Works and Contractor’s Equipment
Without limiting his obligations and responsibilities under the Contract, the Contractor
before the Start Date, shall insure up to the amounts given below, in the joint names of the
Employer and the Contractor against all loss or damage from whatever cause arising, other
than expected risks, for which he is responsible under the terms of the Contract and in such
manner that the Employer and Contractor are covered for the period stipulated in Sub-
Clause 17.2 and are also covered for the period of Defects Notification for loss or damage
arising from a cause, occurring prior to the commencement of the Defects Notification
Period, and for any loss or damage occasioned by the Contractor in the course of any
operations carried out by him for the purpose of complying with his obligations under
Clause 11:
(a) Works for an amount not less than 115% of Initial Contract Price;
And
(b) The Contractor’s Equipment for the replacement value.
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-21
person, which may arise out of the Contractor’s performance of the Contract and occurring
before the issue of the performance Certificate.
This insurance shall be for a limit per occurrence of not less than Rupees one million unless
other amount is stated in Contract Data, with no limit on the number of occurrences.
The insurances specified in this Sub-Clause:
(a) Shall be in the joint names of the Parties; and
(b) Shall be extended to cover liability for all loss and damage to the Employer’s property
(except things insured under Sub-Clause 18.1 arising out of the Contractor’s
performance of the Contract)
20.6 Arbitration
Any dispute between the Parties arising out of or in connection with the Contract not
settled amicably in accordance with Sub-Clause 20.5 above and in respect of which
the DAB’s decision (if any) has not become final and binding shall be finally settled by
arbitration. Arbitration shall be conducted as follows:
Bidding Document for Procurement of Design and Procurement of Work Single-Stage Two-Envelope
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of
Medicine, University of Moratuwa
8-22 Section 8: Particular Conditions
a. Arbitration proceedings shall take place in Colombo at the Institute for the
Development of Commercial Law and Practice (ICLP) or any other venue agreed
by the parties within Sri Lanka as per Arbitration Act No 11 of 1995 under the law
of Sri Lanka.
b. The dispute shall be settled by three 03 arbitrators, appointed by the Parties by
mutual consent, failing which, by the Institute for the Development of
Commercial Law and Practice (ICLP), Sri Lanka.
c. The arbitration shall be conducted in the English language.
The arbitrators shall have full power to open up, review and revise any certificate,
determination, instruction, opinion or valuation of the Engineer, and any decision of
the DAB, relevant to the dispute. Nothing shall disqualify representatives of the
Parties and the Engineer from being called as a witness and giving evidence before
the arbitrators on any matter whatsoever relevant to the dispute.
Neither Party shall be limited in the proceedings before the arbitrators to the
evidence or arguments previously put before the DAB to obtain its decision, or to
the reasons for dissatisfaction given in its Notice of Dissatisfaction. Any decision of
the DAB shall be admissible in evidence in the arbitration.
Single-Stage Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Proposed Building Complex to
Establish Laboratories for the Department of Anatomy,
Physiology and Biochemistry for the Faculty of Medicine,
University of Moratuwa
Section 8 – Particular Conditions 8-23
Insert at the end of Sub-Clause 6.2 [Rates of Wages and Conditions of Labor]:
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,
allowances and any benefits as are subject to tax under the Laws of the Country 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.
The Contractor shall throughout the contract (including the Defects Notification
Period): (i) conduct Information, Education and 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 any other Contractor’s or Employer’s
personnel 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 (SBD) – 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 dedicated national STI and HIV/AIDS
programme, (unless otherwise agreed) of all Site staff and labor.
The Contractor shall include in the programme to be submitted for the execution of
the Works an alleviation programme for Site staff and labor and their families in
respect of Sexually Transmitted Infections (STI) and Sexually Transmitted Diseases
(SBD) including HIV/AIDS. The STI, SBD and HIV/AIDS alleviation programme shall
indicate when, how and at what cost the Contractor plans to satisfy the requirements
Bidding Document for Procurement of Design Procurement of Work Single-Stage: Two-Envelope
and Construction of Buildings and Infrastructure
Facilities for Faculty of Computing and
Technology, - University of Kelaniya
8-24 Section 8: – Particular Conditions
of this Sub-Clause and the related specification. For each component, the
programme shall detail the resources to be provided or utilized and any related sub-
contracting proposed. The programme shall also include provision of a detailed cost
estimate with supporting documentation. Payment to the Contractor for preparation
and implementation this programme shall not exceed the Provisional Sum dedicated
for this purpose.
The Contractor may bring in to the Country any foreign personnel who are necessary
for the execution of the Works to the extent allowed by the applicable Laws. The
Contractor shall ensure that these personnel are provided with the required
residence visas and work permits. 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 be responsible for the return of these personnel to the place
where they were recruited or to their domicile. In the event of the death in the
Country of any of these personnel or members of their families, the Contractor shall
similarly be responsible for making the appropriate arrangements for their return or
burial.
The Contractor shall arrange for the provision of a sufficient supply of suitable food
as may be stated in the Employer’s Requirements at reasonable prices for the
Contractor’s Personnel for the purposes of or in connection with the Contract. The
use of Client’s canteens/food stalls by Contractor’s Personnel on individual basis is
not allowed.
6.14 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.
6.15 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 the danger to their health. The Contractor shall comply with all the regulations of
the local health authorities, including use of appropriate insecticide.
6.16 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 thereof by Contractor's Personnel.
Single-Stage: Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Buildings and Infrastructure Facilities for
Faculty of Computing and Technology, - Univerity of
Kelaniya
Section 8 – Particular Conditions 8-25
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.
6.18 Festivals and Religious Customs
The Contractor shall respect the Country's recognized festivals, days of rest and religious
or other customs.
6.19 Funeral Arrangements
The Contractor shall be responsible, to the extent required by local regulations, for making
any funeral arrangements for any of his local employees who may die while engaged upon
the Works.
6.20 Forced Labor
The Contractor shall not employ forced labor, which consists of any work or service, not
voluntarily performed, that is exacted from an individual under threat of force or penalty,
and includes any kind of involuntary or compulsory labor, such as involuntary prison
labor, indentured labor, bonded labor or similar labor contracting arrangements.
The Contractor shall put in place a procedure to verify the ages of young workers.
Children below the age of 18 years shall not be employed in dangerous work.
6.22 Employment Records of Workers
The Contractor shall keep complete and accurate records of the employment of labor
at the Site. The records shall include the names, ages, genders, hours worked and
wages paid to all workers. These records shall be summarized on a monthly basis and
submitted to the Engineer, and these records shall be available for inspection by the
Bank’s auditors during normal working hours. These records shall be made available
to the Employer and the Bank’s auditors upon request.
6.23 Workers’ Organizations
In countries where the relevant labor laws recognize workers’ rights to form and to
join workers’ organizations of their choosing without interference and to bargain
collectively, the Contractor shall comply with such laws. Where the relevant labor
laws substantially restrict workers’ organizations, the Contractor shall enable
alternative means for the Contractor’s Personnel to express their grievances and
protect their rights regarding working conditions and terms of employment. In either
case described above, and where the relevant labor laws are silent, the Contractor
shall not discourage the Contractor’s Personnel from forming or joining workers’
organizations of their choosing or from bargaining collectively, and shall not
discriminate or retaliate against the Contractor’s Personnel who participate, or seek
to participate, in such organizations and bargain collectively. The Contractor shall
engage with such workers’ representatives. Workers’ organizations are expected to
fairly represent the workers in the workforce.
Single-Stage: Two-Envelope Procurement of Work Bidding Document for Procurement of Design and
Construction of Buildings and Infrastructure Facilities for
Faculty of Computing and Technology, - Univerity of
Kelaniya