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
A. Payment
1. Contract Price
1.1 The Contract Price shall be as specified in the Agreement subject to any additions and adjustments thereto, or deductions there from, as may be made pursuant to the Contract.

1.2 The Contract Price shall be net i.e. after the deduction of all agreed discounts. In the absence of written agreement by the Parties to the contrary, the Contract Price shall include the cost of packaging, packing materials, addressing, labeling, loading and delivery to the Location, and all appropriate tax and duty.

1.3 Prices charged by the Supplier for the Goods delivered and the Related Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorized in Clause 33.

1.4 Except as provided in GCC Sub-Clause 17.1, the Contract price may only be increased above amounts stated in GCC Sub-Clause 32.1 if the Parties have agreed to additional payments in accordance with GCC Clause 16

2. Price Adjustments
2.1 Contracts Prices shall be firm for the first three (3) months of the Contract.

2.2 Request for price adjustment in relation to a particular Goods or Related Services under this Contract Agreement may be filed by the Supplier after 3 months from the effective date of the Contract, which adjusted price takes effect as the new Contract Price in relation to that Goods or Related Services on the expiration of 30 days from the date on which EEU receives notification of that adjusted price from the Supplier, unless another date is agreed in writing between the Parties.

2.3 All prices shall be firm unless the Supplier has provided claim for price adjustment. The Supplier may invoke this provision at any time during the Contract by notice in writing to EEU.

2.4 EEU can increase or decrease the Contract Price amount as described by this Clause.

2.5 This provision remains in effect for the duration of the contract once it becomes effective.

2.6 Adjustments are determined on all appropriate future purchases.

2.7 Unless specifically stated otherwise in the Contract, the basis for compensation will be only those categories of inputs, which are specifically listed as specified items in the SCC.

2.8 An adjustment of the Contract Price, depending of type of product or services, shall be limited to an amount which takes account of the following price indexes or price indicators issued by the Ethiopian Central Statistical Agency or Public Procurement and Property Administration Agency:
(a) movements in the Consumer Price Index as it affects that product or service, or;
(b) movements in the Producer Price Index as it affects that product or service, or;
(c) movements in the Service Producer Price Index as it affects that service, or;
(d) movements in the Average Earnings Index as it affects that service.

2.9 Notwithstanding the provision of GCC Sub-Clause above, price information available from a renowned local producer or competent foreign institution may be used in case the Ethiopian Central Statistical Agency or Public Procurement and Property Administration Agency are not in a position to issue current price indexes,

2.10 Supplier shall submit to EEU for review and approval all calculations and supporting information necessary to determine the price adjustment.

2.11 Adjustments in compensation may be either plus or minus depending on the differences between the Benchmark Price Index and the Monthly Price Index.

2.12 To determine the adjustment on each item any such price variation may be calculated in accordance with the following formula by applying the combination of above said criteria:

Where:
PA = The amount of the Price adjustment to be paid to, or recovered from, the Supplier, in ETB;

NV = The fraction which represents Non Variable element of the Contract Price that is free of contract price adjustment;

A = The fraction of the Contract Price subject to adjustment in accordance with movements of the Consumer Price Index;

MCI = The most recently available Consumer Price Index on the date on which EEU received notification of the proposed increased price from the Supplier;

BCI = Benchmark Consumer Price Index applicable to the Product or Service
either:
(a) at the bid closing date, or
(b) if the Contract Price has been adjusted previously, the date on which EEU received notification from the Supplier in respect of the last adjustment to effect the current Contract Price;

B = The fraction of the Contract Price subject to adjustment in accordance with movements of the Producer Price Index

MPI = The most recently available Producer Price Index on the date on which EEU received notification of the proposed increased price from the Supplier;

BPI = Benchmark Producer Price Index applicable to the Product or Service
either:
(a) at the bid closing date, or
(c) if the Contract Price has been adjusted previously, the date on which EEU received notification from the Supplier in respect of the last adjustment to effect the current Contract Price;

C = The fraction of the Contract Price subject to adjustment in accordance with movements of the Service Producer Index

MSI = The most recently available Service Producer Index on the date on which EEU. received notification of the proposed increased price from the Supplier;

BSI = Benchmark Service Producer Index applicable to the Service
either:
(b) at the bid closing date, or
(d) if the Contract Price has been adjusted previously, the date on which EEU received notification from the Supplier in respect of the last adjustment to effect the current Contract Price;

D = The fraction of the Contract Price subject to adjustment in accordance with movements of the Average Earnings Index

MEI = The most recently available Average Earnings Index on the date on which EEU received notification of the proposed increased price from the Supplier;

BEI = Benchmark Average Earnings Index applicable to the Service
either:
(a) at the bid closing date, or
(b) if the Contract Price has been adjusted previously, the date on which EEU received notification from the Supplier in respect of the last adjustment to effect the current Contract Price;

BC = Current Contract Price applicable to the Product or Service

Q = Quantity of Product or Service;
And where
(a) NV+A+B+C+D are equal to 1.00

2.13 The fraction for each specified element and exact combination of elements that will be applied in the formula for price adjustment shall be determined in the SCC

2.14 An increase in the Contract Price takes effect as the new Contract Price in relation to the Product on the first day of the next Payment Period following receipt of an application for increase provided the application is received no later than 14 days prior to the commencement of that Payment Period.

2.15 An increase in the Contract Price takes effect as the new Contract Price in relation to the Product or Related Service on the expiration of 30 days from the date on which EEU receives notification of the increased price from the Supplier, unless another date is agreed in writing between the Parties;

2.16 When the Supplier varies the Contract Price of a Product or Service it must supply a copy of a revised Pricing Schedule which incorporates the proposed changes in price and specifies the date on which the proposed variation in price is to take effect in accordance with Sub-Clauses 33.14 and 33.15.

2.17 The Supplier shall, when it notifies or requests a price adjustment under sub clause 33.12, provide to EEU such Document or other information as the Supplier considers appropriate for the purpose of substantiating the requested price adjustment.

2.18 Where EEU questions a price increase notified or requested under Sub-Clause 33.12, and the Supplier is not able, on the basis of the information it provided to EEU, to substantiate to EEU any, or a part of, the notified or requested price adjustment, the Contract Price shall be increased by only so much as the Supplier is able to substantiate and:
(a) the substantiated increased Contract Price shall take effect as the new Contract Price in relation to the Product or Service as the case may be, on the date referred to in Sub-Clause 33.14 or 33.15 unless another date is agreed in writing between the Parties; and

(b) the Supplier shall, if it has not already done so, supply a suitably revised Pricing Schedule in accordance with the requirements of Sub-Clause 33.16.

2.19 Any discount offered by the Supplier under this Agreement cannot be reduced during the Term of this Agreement without the agreement in writing of EEU.

3. Mode of Billing and Terms of Payment
3.1 In consideration of the Supplier's due and proper performance of its obligations under the Contract, the Supplier may charge EEU the Contract Price in accordance with this Clause.

3.2 The Supplier's request for payment shall be made to the Public Body in writing, accompanied by an invoice. Invoices shall not be rendered by the Supplier until completion of delivery of all of the Goods which are the subject of the Purchase Order unless otherwise agreed in writing. Where the Parties agree delivery by installments, the Supplier may render an invoice for each delivered installment.

3.3 An invoice is correctly rendered if:
(a) The invoice is addressed to EEU 's officer specified in the Purchase Order to receive invoices and identifies the number of relevant Purchase Order and Contract;
(b) The invoice includes date of issuance and its serial number;
(c) The amount claimed in the invoice is due for payment;
(d) The amount specified in the invoice is correctly calculated in accordance with the Contract;
(e) The invoice is set out in a manner that enables EEU to ascertain which Goods or Service the invoice covers (description, quantity, and unit of measure) and the respective Price, or Charge payable in respect of that Goods or Service;
(f) The invoice is accompanied by the relevant Certificate of Acceptance signed by EEU's official representative certifying that the amount specified in the invoice is in accordance with the Contract and delivered Goods or Services meet all Purchase Order and acceptance criteria requirements;
(g) The invoice includes the name and address of Supplier to whom payment is to be sent;
(h) The invoice includes the name, title, and phone number of person to notify in the event of defective invoice;
(i) The invoice includes Supplier's bank account information, and
(j) The invoice is, where appropriate, certified as sales tax exempt.
Failure to provide such information will entitle EEU to delay payment of the Contract Price until such information is provided.

3.4 EEU shall pay the Contract Price to the Supplier, within the period specified in the SCC and upon receipt of the Goods and valid invoice (rendered in accordance with Sub-Clause 34.3.

3.5 All payment to the Supplier under this Contract shall be made in currency specified in the SCC.
Hundred percent (100%) of the Contract price shall be paid through irrevocable Letter of Credit opened for each currencies of the Contract upon presentation of clean on board shipping document if the mode of purchase is agreed with direct L/C.

3.6 The invoice provided to EEU by the Supplier in accordance with this Clause shall show appropriate taxes separately.

3.7 EEU shall not be responsible for the payment of any charges for Goods supplied in excess of the Goods required by the Purchase Order or any variation of it unless authorized in writing by a further Purchase Order.

3.8 No payment of or on account of the Contract Price shall constitute any admission by EEU as to proper performance by the Supplier of its obligations.

3.9 Subject to Sub-Clause 34.10, the Contract Price shall not be subject to any increase whatsoever by the Supplier during the Contract Period.

3.10 If agreement between the Parties cannot be reached on the adjustment to the Contract Price under GCC Clause 33 within 3 months both Parties shall jointly act to resolve the dispute in accordance with GCC Clause 26.

3.11 If the supplier requests an advance payment the advance may be paid by EEU in an amount not exceeding 30% of the total contract price.

3.12 As a prerequisite for such advance payment supplier shall submit advance payment security in an amount equal to the advance payment it receives in the form of a certified cheque or unconditional bank guarantee at its option from a reputable bank, together with its request for advance payment as per the contract.

3.13 Should the advance payment security cease to be valid and the Supplier fails to re-validate it, a deduction equal to the amount of the advance payment may be made by EEU from future payments due to the Supplier under the Contract.

3.14 If a Contract is terminated for any reason, the guarantee securing the advance payment may be invoked in order to recover the balance of the advance payment still owed by the Supplier.

4. Forms
4.1 Unless otherwise agreed in writing by EEU and the Supplier:
(a) a delivery note shall accompany each delivery of the Goods;
(b) an invoice shall be rendered on the Supplier's own invoice form;
(c) all delivery notes and invoices shall be clearly marked with EEU's purchase order number, the name and address of EEU and the description and quantity of the Goods, and shall show separately any additional charge for containers and/or any other item not included in the Contract Price or, where no charge is made, whether the containers are required to be returned.

4.2 Sub-Clause 35.1 shall be compatible in all respects with the Contract.

4.3 With the prior written agreement of the Parties, the arrangements set out in Sub-Clause 35.1 may be suspended in favor of alternative arrangements (including new logistics processes).