EEU Tender for GC (Gas Chromatograph)
Reference Specification for test setup having GC (Gas Chromatograph) with HEAD SPACE AUTO SAMPLER to carry out Dissolved Gas Analysis of insulating oils as per International Standard ASTM-3612-02 Method - C
1. Appointment
1.1 EEU appoints the Supplier to supply the Goods and Related Services:
(a) Promptly (and in any event within any time targets as may be set out in the Section 6, Statement of Requirements) and in a professional and courteous manner so as to reflect and promote the image of EEU;

(b) Strictly in accordance with the Statement of Requirements and all provisions of the Contract; and

(c) In accordance with all applicable laws and regulations of the Federal Democratic Republic of Ethiopia and Good Industry Practice; and

(d) In accordance with the policies, rules, and procedures of the appropriate Authority as amended from time to time.

(e) In accordance with the quality standards set by the Quality and Standards Authority of Ethiopia (QSAE) and applicable international standards;

(f) In accordance with the terms and conditions of appointment as provided in this Clause in consideration of the Contract Price.

2. Relationship of the Parties
2.1 The Supplier shall not incur any liabilities on behalf of EEU or enter into any contract or obligation on behalf of EEU.

2.2 The Supplier 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 to the Contract.

2.3 Subject to the provisions of the Contract, the Supplier shall be solely responsible for the manner in which the Contract is performed. All employees, representatives, or Subcontractors engaged by the Supplier in connection with the performance of the Contract shall be under the complete control of the Supplier and shall not be deemed to be employees of EEU, and nothing contained in the Contract or in any subcontract awarded by the Supplier shall be construed to create any contractual relationship between any such employees, representatives, or Subcontractors and EEU.

3. Due Diligence
3.1 The Supplier acknowledges that it:
(a) Has made and shall make its own enquiries to satisfy itself as to the accuracy and adequacy of any information supplied to it by or on behalf of EEU;

(b) Has raised all relevant due diligence questions to EEU before the Effective Date; and

(c) Has entered into this Contract in reliance on its own due diligence alone.

3.2 Any disputes relating to due diligence shall be resolved in accordance with the Ethiopian Law.

4. Fraud and Corruption
4.1 It is the Government of the Federal Democratic Republic of Ethiopia's policy to require that EEU, as well as bidders/suppliers, to observe the highest standards of ethics during the procurement and the execution of contracts. In pursuance of this policy, the Government of the Federal Democratic Republic of Ethiopia represented by the Public Procurement and Property Administration Agency (herein referred to as the Agency) requires that EEU shall include in bidding documents, provisions against corrupt practices.

4.2 The Agency defines, for the purposes of these provisions, the terms set forth below as follows:
(a) "Corrupt practice" is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution, and

(b) "Fraudulent practice" is any act or omission, including misrepresentation that knowingly or recklessly misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation.

(c) "Collusive practices" is a scheme or arrangement between two or more Suppliers, with or without the knowledge of EEU, designed to establish prices at artificial, non competitive levels, and

(d) "Coercive practices" is harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract.

(e) "Obstructive practice" is
(i) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede the Federal Ethics and Anticorruption Commission, the Federal Auditor General and the Public Procurement and Property Administration Agency or their auditors' investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent their from disclosing their knowledge of matters relevant to the investigation or from pursuing the investigation, or

(ii) acts intended to materially impede the exercise of inspection and audit rights provided for under GCC Sub-clause 46.2.

4.3 The Agency will debar a Supplier from participation in public procurement for a specified period of time if it at any time determines that the Supplier has engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a contract.

4.4 The Agency reserves the right, where a Supplier has been found by a national or international entity to have engaged in corrupt or fraudulent practice, to declare that such a Supplier is ineligible, for a stated period of time, to be awarded a Government funded contract.

4.5 The Agency will have the right to require that, in contracts funded by the Government of Ethiopia, a provision be included requiring suppliers to permit the Agency to inspect their accounts and records relating to the performance of the contract and to have them audited by auditors appointed by the Agency, if the supplier engages in any corrupt practice.

4.6 Any communications between the Supplier and EEU or the Agency related to matters of alleged fraud or corruption must be made in writing.

5. Interpretation
5.1 If the context so requires it, singular means plural and vice versa.

5.2 In these terms and conditions, words referring any particular gender include all other genders.

5.3 Incoterms
(a) Unless otherwise specified in the SCC, the meaning of any trade term and the rights and obligations of parties thereunder shall be as prescribed by Incoterms.

(b) FOB, DDP, EXW, CIF, CIP, and other similar terms, shall be governed by the rules prescribed in the current edition of Incoterms, published by the International Chamber of Commerce at the date of the Invitation for Bids or as specified in the SCC.

5.4 Entire Agreement
The Contract constitutes the entire agreement between EEU and the Supplier and supersedes all communications, negotiations and agreements of parties with respect thereto made prior to the date of Contract.

5.5 Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing, is dated, expressly refers to the Contract, and is signed by a duly authorized representative of each party thereto.

5.6 Non waiver
(a) Subject to GCC Sub-Clause 6.6(b) 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, neither shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract.

(b) Any waiver of a party's rights, powers, or remedies under the Contract must be in writing, 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.

5.7 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.