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. Subcontracting
1.1 A sub-contract shall be valid only if it is a written agreement by which the Supplier entrusts performance of a part of the Contract to a third party.
1.2 In the event the Supplier requires the related services of sub-contractors that are not included in the Contract, the Supplier shall obtain the prior written approval and clearance of EEU for all sub-contractors. The related services to be sub-contracted and the identity of the subcontractors shall be notified to the Contracting Authority. EEU shall with due regard to the provisions of GCC Clause 10 within 15 days of receipt of the notification, notify the Supplier of its decision, stating reasons should he withhold such authorization.
1.3 The terms of any sub-contract shall be subject to and conform to the provisions of this Contract.
1.4 EEU shall have no contractual relations with the Sub-Contractors.
1.5 Sub-contractors must satisfy the eligibility criteria applicable to the award of the contract and they can not be in any of the situations excluding them from participating in contract.
1.6 The Supplier shall be responsible for the acts, defaults and negligence of his Sub-Contractors and their agents or employees, as if they were the acts, defaults or negligence of the Supplier, his agents or employees. The approval by EEU of the sub-contracting of any part of the contract or of the Sub-Contractor to perform any part of the services shall not relieve the Supplier of any of his obligations under the contract.
1.7 If the Supplier enters into a subcontract without approval, EEU may apply, as of right without giving formal notice thereof, the sanctions for breach of contract provided for in GCC Clauses 20 and 22.
1.8 If a Sub-Contractor is found by EEU to be incompetent in discharging its duties, EEU may request the Supplier forthwith, either to provide a Sub-Contractor with qualifications and experience acceptable to EEU as a replacement, or to resume the implementation of the tasks itself.
2. Modifications and Contract Amendments
2.1 EEU may at any time request the Supplier through notice in accordance GCC Clause 10, to make changes within the general scope of the Contract in any one or more of the following:
(a) Drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for EEU;
(b) The method of shipment or packing;
(c) The place of delivery; and
(d) The Related Services to be provided by the Supplier.
2.2 If any such change causes increase or decrease in the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Delivery/Completion Schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this Clause must be asserted within twenty-eight (28) days from the date of the Supplier's receipt of EEU's change order.
2.3 Prices to be charged by the Supplier for any Related Services that might be needed but which were not included in the Contract shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.
2.4 Any change to the terms of the Contract must be recorded in writing and executed by authorized signatory of the Supplier and the Authorized Officer. Such record of the change in question must address all consequential amendments required to be made to the Contract as a result of such change.
2.5 Changes will take effect as from the date specified in the signed record of change and shall not have retrospective effect unless expressly provided for in such record.
2.6 Each record of change must be dated and sequentially numbered. Each of EEU and the Supplier will be entitled to an original executed counterpart of the record of variation.
2.7 Except as provided in any such record of variation, the Contract will continue in full force and effect.
3. Change in Laws and Regulations
3.1 Unless otherwise expressly agreed in the SCC, if, after the deadline for submission of the Bid, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated, or changed in the Federal Democratic Republic of Ethiopia where the Site is located (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/or the Contract Price, then such Contract Price shall not be correspondingly increased or decreased and/or the Delivery Date shall not be adjusted to the extent that Supplier 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 SCC pursuant to GCC Clause 33.
4. Taxes and Duties
4.1 For goods supplied from outside the Federal Democratic Republic of Ethiopia, the Supplier shall bear the costs of all taxes, custom duties, formalities, license fees, and other such levies imposed outside the Federal Democratic Republic of Ethiopia, unless otherwise specified in the SCC.
4.2 For goods supplied from within the Federal Democratic Republic of Ethiopia, the Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to EEU, unless otherwise specified in the SCC.
5. Force Majeure
5.1 For the purposes of the Contract, "Force Majeure" shall mean an event or events which are beyond the reasonable control of a Supplier, and which makes a Supplier's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes:
(a) An official prohibition preventing the performance of a contract,
(b) A natural catastrophe such as an earthquake, fire, explosion lightening, floods, or other adverse weather conditions, or
(c) International or civil war, or
(d) The death or a serious accident or unexpected serious illness of the supplier, or
(e) Other instances of Force Majeure identified as such by the civil code.
5.2 The following occurrences shall not be deemed to be cases of Force Majeure:
(a) A strike or lock-out taking of a party or affecting the branch of business in which he carries out his activities, or
(b) An increase or reduction in the price of raw materials necessary for the performance of the contract, or
(c) The enactment of new legislation where by the obligations of the debtor becomes more onerous, or
(d) Any event which is caused by the negligence or intentional action of a Supplier or such Supplier's Subcontractors or agents or employees; or
(e) Any event which a diligent Party could reasonably have been expected to both:
(i) Take into account from the effective date of the Contract; and
(ii) Avoid or overcome in the carrying out of its obligations; or
(f) Insufficiency of funds or failure to make any payment required hereunder.
5.3 The failure of a Supplier to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, the Contract insofar as such inability arises from an event of Force Majeure, provided that the Supplier affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of the Contract.
5.4 A Supplier affected by an event of Force Majeure shall take all reasonable measures to
(a) Remove such Supplier's inability to fulfill its obligations hereunder with a minimum of delay; and
(b) Minimize the consequences of any event of Force Majeure.
5.5 A Supplier affected by an event of Force Majeure shall notify EEU of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
5.6 Not later than thirty (30) days after the Supplier, as the result of an event of Force Majeure, has become unable to supply the Goods and Related Services, the Parties shall consult with each other in good faith and use all reasonable endeavors to agree appropriate terms to mitigate the effects of the Force Majeure Event and facilitate the continued performance of the Contract.
6. Breach of Contract
6.1 Either party commits a breach of contract where it fails to discharge any of its obligations under the specific contract.
6.2 Where a breach of contract occurs, the party injured by the breach shall be entitled to the following remedies:
(a) Compensation / Claim for liquidated damages as specified in GCC Clause 27; and/or
(b) Termination of the contract.
6.3 In any case where EEU is entitled to damages, it may deduct such Suspension damages from any sums due to the Supplier or call on the appropriate guarantee.
7. Suspension of Assignment
7.1 EEU may, by written notice of suspension of the assignment to the Supplier, suspend all payments to the Supplier hereunder if the Supplier fails to perform any of its obligations under the Contract provided that such notice of suspension shall:
(a) Specify the nature of the failure; and
(b) Request the Supplier to remedy such failure within a period not exceeding thirty (30) days after receipt by the Supplier of such notice of suspension.