ITB - Lump - Sum - Contract KOICA Final

Construction of Cambodia Korea Friendship BLDG of the National Paediatric Hospital
Phnom Penh, Cambodia
Invitation to Bid
Lump Sum Construction Contract
Date of Issuance: 16 November 2015
ITB Case No.: KHOC/KOICA/102015
INVITATION TO BID
Operational excellence for results that matter

CONTENTS
1. INVITATION LETTER ...........................................................................
2. SECTION I BID PARTICULARS ...............
3. SECTION II INSTRUCTIONS TO BIDDERS .........
4. SECTION III EVALUATION METHOD AND CRITERIA .......
5. SECTION IV RETURNABLE BID SCHEDULES ...........
SCHEDULE 1
Form of Bid
SCHEDULE 2
Form of Bid Security
SCHEDULE 3
Lump Sum Contract Price and Schedule for Variations and

Daywork Rates
SCHEDULE 4
Technical Proposal
SCHEDULE 5
Key Personnel Interview
SCHEDULE 6
Insurances
SCHEDULE 7
Proposed Sub Contractors and Suppliers
SCHEDULE 8
Declaration
SCHEDULE 9
Addenda to ITB
6. SECTION V
UNOPS 2011
KOICA INTERNATIONAL CONSTRUCTION CONTRACT
INVITATION TO BID

INVITATION LETTER
Dear Sir/Madam,
Subject: Invitation to Bid for the Construction of Cambodia Korea Friendship BLDG
of the National Paediatric Hospital Phnom Penh, Cambodia.
ITB Case No.: KHOC/KOICA/102015
The United Nations Office for Project Services (UNOPS) is pleased to invite pre-qualified
bidders to bid in accordance with the requirements and process as set out in this Invitation to
Bid (ITB).
The ITB consists of the following:
This Invitation Letter;

Bid Particulars (Section I);
Instructions to Bidders (Section II);
Evaluation Method and Criteria (Section III);
Returnable Bid Schedules (Section IV);
KOICA International Construction Contract (the Contract) (Section V).
Bill of Quantities, Technical Specficiation and Drawings
(https://goo.gl/WWH2mI)
If you are interested in submitting a bid in response to this ITB, please prepare your bid in
accordance with the requirements and process as set out in this ITB and submit your bid to
UNOPS by the Deadline for Submission of Bids set out in the Bid Particulars in Section I of
the ITB.
We look forward to receiving your bid.
Name: __________________________________
Title: ____________________________________
Date: ____________________________________
Signature: ________________________________
UNOPS 2015
INVITATION TO BID
Instructions

SECTION I
BID PARTICULARS
Works
(Article 1)
The works include the construction of The works include the construction
of / can be described as follows;
PROJECT NAME: Cambodia-Korea Friendship Hospital
SITE LOCATION : #100, Federation of Russia Blvd, Phnom Penh,
Cambodia
SITE AREA : 9,800
ROAD CONDITION: West 20m road, North 40m road
BUILDING USE : Hospital, Oxygen generator building
STRUCTURE
: RC. Steel system
BUILDING SCALE : 4 story (1 story extension), 1 building new

construction
BUILDING COVERAGE AREA : 1986.71
GROSS AREA : 6,141.91
FLOOR AREA RATIO : 20.27%
BUILDING COVERAGE RATIO : 62.67%
EXTERIOR FINISH : EXT Emulsion paint , Roofing tile
SEPTIC TANK : 750P NEW INSTALL
CONSTRUCTION PERIOD: 15 MONTHS
DEFECTS LIBILITY PERIOD: 2 yrs general works, 5 yrs civil works
MAINTENANCE PERIOD: 5 yrs
Contact for
correspondence,
notifications and
requests for
clarifications
(Article 1)
All correspondence, notifications and requests for clarification in relation

to this ITB shall be sent to:
Kirsteen Mack
United Nations Office for Project Services
Cambodia Office
kirsteenm@unops.org
ATTENTION: BIDS SHALL NOT BE SUBMITTED TO THE ABOVE
ADDRESS BUT TO THE ADDRESS FOR BID SUBMISSION AS SET
OUT BELOW (see Art.21).
Bidder Eligibility
(Article 4)
Bidders Eligibility to tender for the Cambodia Korea Friendship

Hospital is dependant on successful pre-qualification for the above
project. Ref. KHOC/KOICA/102015
Clarifications
Requests for clarification from bidders will not be accepted any later than
UNOPS 2015
INVITATION TO BID
Instructions
(Article 8)

24 hours before the Deadline for Submission of Bids.

Responses to requests for clarification shall be circulated to all Bidders
simulitaneously.
Clarification
Meetings
(Article 9)
A clarification meeting shall be held as follows:

Date: 19 November 2015
Time: 10:00
Location: United Nations Office for Project Services
Phnom Penh Center
5th Floor
Corner of Sothearos & Sihanouk Blvd
Phnom Penh
Cambodia
Site Inspection
(Article 10)
A group site inspection shall be held as follows:

Date: 19 November 2015
Time: 14:00
Location: Cambodia-Korea Friendship Hospital
#100 Federation of Russia Blvd
Phnom Penh
Cambodia
Bid validity period

(Article 13)
Bids shall remain valid for acceptance by UNOPS for 90 Days from the
Deadline for Submission of Bids.
Alternative bids
(Article 15)
Alternative bids will NOT be evaluated.
Bid security
(Article 16)
Bidders shall provide bid security in the form set out in Returnable Bid
Schedule 2 Form of Bid Security (see Section IV).
The bid security shall be in the amount of 5% of the Lump Sum Offer.
Bid Currency
(Article 17)
Prices shall be quoted in USD.
Duties and Taxes

(Article 18)
All bids shall be submitted net of any direct taxes.

KOICA can provide the successful supplier with the necessary
documents that are required for VAT exemption. However, the
application for VAT exemption is the responsibility of the contractor.
Language of bids
(Article 20)
UNOPS 2015
All bids, information, documents and correspondence exchanged

between UNOPS and the bidders in relation to this bid process shall be
3
INVITATION TO BID
Instructions

in English.
Bid Submissions
(Article 21)
Bids must be submitted as follows:

By post, courier or personal delivery in sealed envelopes by the
Deadline for Submission of Bids. The sealed envelopes shall contain
one soft copy and two hardcopies. The two hardcopies shall comprise
one original hardcopy bid marked Original. One hardcopy of the bid
marked Copy" shall also be submitted. In the event of any discrepancy
between the soft and/or hardcopies of the bid, the bid marked as
Original shall govern.
The envelope shall be labelled as follows:
***CONFIDENTIAL BID - DO NOT OPEN UNLESS AUTHORIZED***
Phnom Penh Center
5th Floor
Phnom Penh
Cambodia
Personal delivery shall be made between the hours of 09:00 and 17:00
on UNOPS regular working days by the Deadline for Submission of Bids.
Att.: Chair Person, Bid Opening Committee.
Case No.: KHOC/KOICA/102015
Deadline for Submission of Bids: 12:00 pm (noon) on 11 December 2015
at Phnom Penh, Cambodia
From: [Insert bidders name & details]
Deadline for
Submission of
Bids (Article 22)
All bids must be submitted by 12:00 pm (noon) (Phnom Penh,

Cambodia) Time, 11 December 2015.
Bid Opening
(Article 24)
Bids will be opened at 13:00 on 11 December at UNOPS, Cambodia.

There will be no public bid opening for this project.
UNOPS 2015
INVITATION TO BID
Instructions

SECTION II
INSTRUCTIONS TO BIDDERS
1.
INFORMATION FOR BIDDERS
Bidders are invited to submit a bid for the works described in the Bid Particulars in Section I,
and further described in the Contract in Section V, in accordance with this ITB.
All correspondence, notification and bids in relation to this ITB shall be sent to the contact
person and address set out in the Bid Particulars in Section I.
2.
INTERPRETATION OF THE ITB
This ITB is an invitation to treat and shall not be construed as an offer capable of being
accepted or as creating any contractual, other legal or restitutionary rights.
The Contract for Works will be agreed between KOICA and the successful bidder, the
Parties to the Contract.
No binding contract, including a process contract or other understanding or arrangement,
will exist between the bidder and UNOPS or KOICA and nothing in or in connection with this
ITB shall give rise to any liability on the part of UNOPS or KOICA.
3.
AMENDMENTS TO THE ITB
Prior to the Deadline for Submission of Bids, UNOPS may at its discretion modify the bidding
documents by way of a written addendum. All written addenda to the bidding documents
shall form part of the ITB.
In the event UNOPS modifies the ITB, UNOPS will notify in writing all bidders that have
received the ITB from UNOPS of such modification.
In order to give the bidders reasonable time to take such modification into account, UNOPS
may extend the Deadline for Submission of Bids as may be appropriate under the
circumstances.
4.
BIDDER ELIGIBILITY
Pre-qualified bidders may be a private, public or government-owned legal entity or any

association with legal capacity to enter into a binding contract with UNOPS.
A bidder, and all parties constituting the bidder, may have the nationality of any country with
the exception of those nationalities, if any, listed in the Bid Particulars in Section I.
A bidder shall not be eligible to submit a bid if and when at the time of bid submission, the
bidder:
(i)
has been suspended or declared ineligible by UNOPS or any other entity of

the United Nations system, including the Work Bank;
(ii)
is on the UN 1267 terrorist list issued by the Security Council resolution 1267
which establishes a sanctions regime to cover individuals and entities
associated with Al-Qaida and/or the Taliban; or
UNOPS 2015
INVITATION TO BID
Instructions
5.

(iii)
has not attended a mandatory site inspection or mandatory clarification

meeting, if applicable, in accordance with Articles 9 and 10.
(iv)
does not comply with any additional requirements as may be set out in the Bill
of Particulars.
ERRORS OR OMISSIONS
Bidders shall immediately notify UNOPS in writing of any ambiguities, errors, omissions,
discrepancies, inconsistencies or other faults in any part of the ITB, with full details of those
ambiguities, errors, omissions, discrepancies, inconsistencies or other faults.
Bidders shall not benefit from such ambiguities, errors, omissions, discrepancies,
inconsistencies or other faults.
6.
BIDDERS RESPONSIBILITY TO INFORM THEMSELVES &

ACKNOWLEDGEMENT
Bidders shall be responsible to inform themselves in preparing their bid. In this regard,
bidders shall ensure that they:
(i)
examine and fully inform themselves in relation to all aspects of the ITB,
including the Contract and all other documents included or referred to in this
ITB;
(ii)
review the ITB to ensure that they have a complete copy of all documents;
(iii)
obtain and examine all other information relevant to the project and the scope
of the works available on reasonable enquiry;
(iv)
verify all relevant representations, statements and information, including

those contained or referred to in the ITB or made orally during any
clarification meeting or site Inspection or any discussion with UNOPS, its
employees or agents;
(v)
attend any clarification meeting or Site Inspection that is mandatory under this
ITB;
(vi)
fully inform and satisfy themselves as to requirements of any relevant

authorities and laws that apply, or may in the future apply, to the execution of
the works; and
(vii)
form their own assessment of the nature and extent of work required to
execute the works and properly account for all work in their bid.
Bidders acknowledge and agree that the ITB does not purport to contain all relevant
information in relation to the works and is provided solely on the basis that bidders shall be
responsible for making their own assessment of the matters referred to in the ITB, including
the Contract (see Section V).
Bidders acknowledge and agree that UNOPS, its directors, employees and agents make no
representations or warranties (express or implied) as to the accuracy, currency or
completeness of this ITB or any other information provided to the bidders.
UNOPS 2015
INVITATION TO BID
Instructions
7.

KOICA INTERNATIONAL CONTSTRUCTION CONTRACT
Bidders shall be willing to sign the Contract (see Section V), without departure, qualification,
amendment, limitation or exclusion should they be selected as a result of this bid process.
8.
CLARIFICATION OF THE ITB
Bidders may request clarification of the ITB or bid process by submitting a written request to
the contact stated in the Bid Particulars in Section I up to the time stated in the Bid
Particulars in Section I and thereafter requests for clarification will not be accepted.
UNOPS shall gather all requests for clarification and may respond in writing to all such
requests at the same time. Responses to requests for clarification shall be communicated
directly to all bidders that received the ITB directly from UNOPS if the ITB was not available
online, and/or, if the ITB was available online or if stated in the Bid Particulars in Section I,
responses will be posted online without disclosing the names of the bidders who submitted
the requests for clarification.
9.
CLARIFICATION MEETINGS
Unless otherwise instructed in writing by UNOPS, a clarification meeting will only be held if
stated in the Bid Particulars in Section I, at the time and place and in accordance with any
instructions set out in the Bid Particulars in Section I.
If the Bid Particulars in Section I state that a clarification meeting shall be mandatory, a
bidder which does not attend the clarification meeting shall become ineligible to submit a bid
under this ITB.
The names of representatives of bidders who will attend the clarification meeting shall be
submitted in writing by bidders to the UNOPS contact person listed in the Bid Particulars in
Section I, including the full name and position of each representative at least 24 hours before
the clarification meeting is to be held.
UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid
process during the clarification meeting. All questions shall be submitted in accordance with
Article 8.
The clarification meeting shall be conducted for the purpose of providing background
information only. Without limiting Article 6, bidders shall not rely upon any information,
statement or representation made at the clarification meeting unless that information,
statement or representation is confirmed by UNOPS in writing.
UNOPS shall prepare minutes of the clarification meeting and communicate them in writing
directly to all bidders which received the bid documents directly from UNOPS if the ITB was
not available online, and/or, if the ITB was available online or if stated in the Bid Particulars
in Section I, the minutes will be posted online without disclosing the names of the bidders
who attended the clarification meeting, shortly after the clarification meeting.
10.
SITE INSPECTION
Unless otherwise instructed in writing by UNOPS, a site visit will only be held if stated in the
Bid Particulars in Section I, at the time and place and in accordance with any instructions set
out in the Bid Particulars in Section I.
UNOPS 2015
INVITATION TO BID
Instructions

If the Bid Particulars in Section I state that a site inspection shall be mandatory, a bidder
which does not attend the site inspection shall become ineligible to submit a bid under this
ITB.
Bidders participating in a site inspection shall be responsible for:
(i)
arranging for and wearing personal protective equipment, including at a

minimum safety helmets, boots and reflective vests; and
(ii)
making and obtaining any visa arrangements that may be required for the
bidders to participate in a site inspection.
Prior to attending a site inspection, bidders shall execute an indemnity and a waiver
releasing UNOPS in respect of any liability that may arise from:
(i)
loss of or damage to any real or personal property;
(ii)
personal injury, disease or illness to, or death of, any person;
(iii)
financial loss or expense, arising out of the carrying out of that site inspection;
and
(iv)
transportation by UNOPS to the site (if provided) as a result of any accidents

or malicious acts by third parties.
UNOPS will not issue any formal answers to questions from bidders regarding the ITB or bid
process during a site visit. All questions shall be submitted in accordance with Article 8.
A site visit will be conducted for the purpose of providing background information only.
Without limiting Article 6, bidders shall not rely upon any information, statement or
representation made at a site visit unless that information, statement or representation is
confirmed by UNOPS in writing.
11.
CONTENT OF BID SUBMISSIONS
11.1
Returnable Bid Schedules
Bids shall include only a fully completed and dated set of the Returnable Bid Schedules,
including only the information required by each Returnable Bid Schedule, either completed
on the Returnable Bid Schedule document or annexed to the document, as the case may be,
each signed in accordance with Article 19 by a person authorised by the bidder to bind it.
The Returnable Bid Schedules are set out in Section IV.
11.2
Other Information
Bids submitted shall only include information required to be submitted in accordance with the
ITB.
12.
REMUNERATION FOR AND COSTS OF BIDS
Bidders shall not be entitled to any remuneration or compensation for the preparation and
submission of their bid.
UNOPS 2015
INVITATION TO BID
Instructions

Bidders acknowledge that their participation in any stage of the bid process for this ITB is at
the bidders' own risk and cost. UNOPS or KOICA shall not be responsible for any costs or
expenses incurred by bidders in the preparation and submission of bids or participation in
the bid process, including as part of any clarification meeting or site or plant inspection.
UNOPS is not liable to bidders for any costs, expense or loss on any legal, contractual,
quasi contractual or restitutionary basis incurred or suffered in connection with the ITB or
bidders' participation in the bid process, including where:
13.
(i)
clarifications and addenda are provided or not provided to bidders;
(ii)
a bidder is not selected or not engaged to carry out the works;
(iii)
UNOPS varies, terminates, suspends or delays any aspect of the bid process
or conducts another process in its place;
(iv)
UNOPS elects not to proceed with the ITB in whole or in part; or
(v)
UNOPS exercises any rights under the ITB.
BID VALIDITY PERIOD
Bids shall remain valid for acceptance by UNOPS for the entire period set out in the Bid
Particulars in Section I. A bid valid for a shorter period of time shall be rejected.
Prior to expiration of the bid validity period, UNOPS may request in writing that the bidders
extend the validity of their bids with the same conditions. Bidders who decline to extend the
validity of their bid shall not forfeit their Bid Security. However, their bid shall become
disqualified as no longer valid.
14.
PARTIAL BIDS
Bidders shall respond to all applicable Returnable Bid Schedules and shall bid for all
sections of the works. UNOPS will NOT accept bids for one or several sections of the works
only, nor will UNOPS accept bids for only part of the works or part of any section of the
works.
15.
ALTERNATIVE BIDS
Alternative bids will not be evaluated unless stated otherwise in the Bid Particulars in Section
I.
If a bidder submits an alternative bid, it shall mark the original bid as Initial Bid and any
subsequent bid as Alternative Bid.
If the Bid Particulars in Section I do not state that alternative bids may be evaluated, and a
bidder submits more than one bid:
(i)
All bids marked as Alternative Bid will be disqualified and only the bid
marked as Initial Bid will be evaluated; or,
(ii)
All bids will be rejected if no indication is provided as to which bid is the

original bid and which is/are the alternative bid(s).
UNOPS 2015
INVITATION TO BID
Instructions

If:
(i)
the Bid Particulars in Section I state that alternative bids may be evaluated;
(ii)
the bidder has submitted an Initial Bid and an Alternative Bid which meets the
requirements of this Article 15; and
(iii)
the bidder's Initial Bid has been evaluated and that bidder has been assessed
as the preferred bidder,
then UNOPS may consider, entirely in its own discretion, the Alternative Bid of the preferred
bidder.
16.
BID SECURITY
If the Bid Particulars in Section I state that bidders shall provide bid security, the bid security
shall be in the form set out in Returnable Bid Schedule 2 Form of Bid Security (see Section
IV) and shall be for the amount set out in the Bid Particulars in Section I.
The bid security shall be issued by a reputable banking institution. Reputable banking
institutions are banks certified by the central bank of the country where the bank is located,
to operate as a commercial bank. UNOPS may, at its discretion, reject any bid security that
does not comply with this requirement.
The bid security shall be valid for a period of 30 days beyond the Bid Validity Period, as may
be extended, after which this bank guarantee will automatically become null and void, unless
a dispute arises in relation to this bank guarantee.
KOICA shall be listed as the beneficiary in the bid security, and KOICA shall have the right to
request payment under the bid security:
(i)
if the bidder withdraws its bid after the Deadline for Submission of Bids and
prior to the end of the Bid Validity Period, as may be extended; or
(ii)
in the case of a successful bidder, if the bidder fails to sign the Contract
resulting from this bid process in accordance with the terms and conditions
set forth in its bid; or
(iii)
if the bidder fails to furnish a performance security in accordance with the

Contract, if any is required
Unsuccessful bidders shall organise with UNOPS to collect their bid security, UNOPS will
make this available to bidders within fifteen days after it has expired.
17.
BID CURRENC(IES)
Prices in the bid shall be quoted in the currenc(ies) stated in the Bid Particulars in Section I.
If applicable, for comparison and evaluation purposes, UNOPS will convert the bid prices
into USD at the official United Nations rate of exchange in force at the time of the Deadline
for Submission of Bids.
Bid Prices shall be fixed. Bids with adjustable Bid Prices shall be disqualified.
18.
DUTIES AND TAXES
UNOPS 2015
10
INVITATION TO BID
Instructions

All bids shall be submitted net of any direct taxes and any other taxes and duties, as
specified in the Bid Particulars in Section I.
19.
BID FORMAT
A bid shall contain no interlineations, erasures, or overwriting. If necessary to correct errors

made by a Bidder, hand written corrections to the bid may be made before the submission
and/or the Deadline for Submission of Bids. In this case, such corrections shall be initialed
by the person or persons who signed the bid.
Bids shall be signed by the person authorized to do so in Returnable Bid Schedule 1 Form
of Bid (see Section IV). That person shall be authorized by the bidder to bind the bidder. A
copy of such authorization shall be submitted along with the bid.
20.
LANGUAGE OF BIDS
All bids, information, documents and correspondence exchanged between UNOPS and the
bidders in relation to this bid process shall be in the language set out in the Bid Particulars in
Section I.
Supporting documents may be submitted in their original language. If such language is
different from that set out in the Bid Particulars in Section I, the supporting documents shall
be submitted together with a translation of the supporting documents relevant excerpts.
21.
BID SUBMISSION
All bids shall be submitted to UNOPS in accordance with the requirements set out in this
ITB.
Bids that are not submitted in accordance with the provisions set out in this ITB may be
rejected.
22.
DEADLINE FOR SUBMISSION OF BIDS
All bids shall be received by UNOPS by no later than the time and date set out in the Bid
Particulars in Section I. It shall be the sole responsibility of the bidders to ensure that their
bid is received by the Deadline for Submission of Bids.
Bids submitted after the Deadline for Submission of Bids shall be rejected.
23.
WITHDRAWAL, SUBSTITUTION, AND MODIFICATION OF BIDS
Prior to the Deadline for Submission of Bids, a bidder may withdraw, substitute, or modify its
bid after it has been submitted by sending a written notice to UNOPS. After the deadline for
submission of the bids, however, the bids shall remain valid and open for acceptance by
UNOPS for the entire Bid Validity Period, as may be extended.
If a bidder withdraws its bid after the Deadline for Submission of Bids and prior to the
expiration of the Bid Validity Period, as may be extended, UNOPS may retain the bidders
Bid Security, if any has been required in accordance with Article 16.
Bids for which withdrawal has been requested prior to the deadline for submission of the
bids shall be made available for collection by the bidder that submitted it within 15 days of its
withdrawal. Otherwise, UNOPS shall have the right to discard such bid unopened without
UNOPS 2015
11
INVITATION TO BID
Instructions

further notice to the Bidder. UNOPS shall not be responsible to return the bid to the Bidder at
UNOPS costs.
24.
OPENING OF BIDS
Bids will be opened at the time and location, and in accordance with the requirements, set
out in the Bid Particulars in Section I.
Bidders may attend the opening of the bids. However, they shall not be allowed to attend
the evaluation of the bids.
25.
EVALUATION METHOD AND CRITERIA
UNOPS shall evaluate bids and select a preferred bidder pursuant to Section III of this ITB.
26.
OTHER UNOPS RIGHTS
Subject to Section III of the ITB, UNOPS shall have no obligation to accept any bid, including
the bid with the lowest price.
UNOPS may, in its absolute discretion, do all or any of the following:
27.
(i)
require additional information from bidders;
(ii)
change the structure and timing of the ITB;
(iii)
alter, terminate, suspend or defer the bid process or any part of or activity in
it;
(iv)
consider or accept or reject any bid which is non-conforming;
(v)
request, attend or conduct any site inspections or clarification meetings;
(vi)
request, attend or observe any product, plant, equipment or other

demonstration, trial or test, provided UNOPS acts reasonably in so doing;
(vii)
abandon, cancel or otherwise not proceed with the bid process at any time
prior to the award of a contract, without any liability toward the bidders and
without providing any reason or notice to bidders.
COLLECTION OF REJECTED OR UNSUCCESSFUL BID
UNOPS shall not return any rejected or unsuccessful bids to the bidders, except for late
bids, which will be available for collection by the bidders within fifteen days of the rejection.
28.
CONFIDENTIALITY
All information and documents provided to the bidders by UNOPS shall be treated as
confidential by the bidders and shall:
(i)
remain the property of UNOPS;
(ii)
not be used for any purpose other than the purpose of preparing a bid; and
UNOPS 2015
12
INVITATION TO BID
Instructions
(iii)

be immediately returned to UNOPS in the event the bidder declines to

respond to this ITB, or, in the event of a rejected or an unsuccessful bid,
within fifteen days of being notified by UNOPS that its bid was rejected or
unsuccessful.
All information and documents provided to the bidders by UNOPS shall not be disclosed to
any third party, except:
29.
(i)
with the prior written consent of UNOPS;
(ii)
where the third party is assisting a bidder in preparing the bid, provided the
bidder has previously ensured that party's adherence to this duty of
confidentiality;
(iii)
if the information or documents is/are at the time of this ITB lawfully in the
possession of the bidder through a party other than UNOPS;
(iv)
if required by law, and provided that the bidder has previously informed
UNOPS in writing of its obligation to disclose the information or documents; or
(v)
if the information is generally and publicly available other than as a result of

breach of confidence by the person receiving the information.
ETHICS AND CORRUPT PRACTICES
UNOPS requires that all bidders observe the highest standard of ethics during the entire bid
process, as well as the duration of any contract that may be awarded as a result of this bid
process. Therefore, all bidders shall represent and warrant that they:
(i)
have not unduly obtained, or attempted to unduly obtain, any confidential

information in connection with the bid process and any contract that may be
awarded a result of this bid process;
(ii)
have no conflict of interest that would prevent them from entering into a
contract with KOICA, and shall have no interest in other bidders or parties
involved in this bid process or in the project underlying this bid process;
(iii)
have not engaged, or attempted to engage, in any Corrupt Practices in

connection with this bid process or the contract that may be awarded as a
result of this bid process. For the purposes of this provision, Corrupt Practices
shall mean any of the following:
UNOPS 2015
bribery: the act of unduly offering, giving, receiving or soliciting anything of

value to influence the process of procuring works, or executing contracts;
extortion or coercion: the act of attempting to influence the process of

procuring works, or executing contracts by means of threat of injury to
person, property or reputation;
fraud: the misrepresentation of information or facts for the purpose of

influencing the process of procuring works, or executing the contracts, to
the detriment of UNOPS, KOICA or other participants; or
13
INVITATION TO BID
Instructions
(iv)

collusion: the agreement between bidders designed to result in bids at

artificial prices that are not competitive.
have not been involved in, either directly or indirectly, nor have they funded,
either directly or indirectly, any terrorist activities, notably upon basis of the
consolidated list of individuals belonging to or associated with terrorist entities
as established and maintained by the United Nations 1267 Committee.
In the event that a bidder fails to comply with any of the above representations and
warranties, UNOPS or KOICA shall have the right to reject the bid submitted by such bidder,
and to terminate any contract that may have been awarded as a result of this bid process
immediately upon notice, without any liability for termination charges or any other liability of
any kind of UNOPS. In addition, the bidder may be precluded from doing business with
UNOPS, KOICA and any other entity of the United Nations System in the future.
30.
AUDIT
Any bidder participating in this bid process shall agree to cooperate with the Office of
Internal Oversight Services of the United Nations, UNOPS Internal Audit and Investigations
Group as well as with any other investigation units authorized by UNOPS Executive Director
and UNOPS Ethics Officer to investigate any allegation of misconduct, and in particular any
allegation of a breach of Article 29 above, in connection with this bid process or any contract
that may be awarded as a result of this bid process.
In cooperating with UNOPS, the bidders shall give access to UNOPS, upon written request,
to all employees, representatives, agents and assignees, as well as to all documents,
records and other elements of the bidder that may be required to conduct such investigation.
The failure of a bidder to comply with any of the above representations and warranties shall
give UNOPS the right to disqualify the bid submitted by such bidder, and to terminate any
contract that may have been awarded as a result of this bid process immediately upon
notice, without any liability for termination charges or any other liability of any kind of
UNOPS. In addition, the bidder may be precluded from doing business with UNOPS and any
other entity of the United Nations System in the future.
31.
BID PROTEST
Any bidder that believes to have been unjustly treated in connection with this bid process or
any contract that may be awarded as a result of such bid process may submit a complaint to
UNOPS General Counsel. More information about bid protests can be found on UNOPS
website at www.unops.org.
UNOPS 2015
14
INVITATION TO BID
Schedules

SECTION III
EVALUATION METHOD AND CRITERIA
31.
EVALUATION
Bid shall be evaluated on the basis of the lowest priced substantially compliant offer
evaluation method.
Firstly, bids shall be evaluated for technical compliance based on:
Technical proposal
Insurances; and
Key personnel.
Secondly, bids that are found to be technically compliant shall be evaluated based on price
and value for money, analysing all relevant costs, risks and benefits of each bid throughout
the whole life cycle of the works and in the context of the project as a whole.
UNOPS reserves the right to request further information in the event that an offers is
deemed unreasonably low, to an extent that they may not be able to perform the contract for
the offered amount.
32.
PRELIMINARY EXAMINATION
Upon opening of the bids, UNOPS shall proceed to a preliminary examination of the bids.
UNOPS may reject any bid during the preliminary examination which does not comply with
the requirements set out in this ITB, without further consultation with the bidder.
Bids which are incomplete, frivolous, clearly not competitive or contain material deviations
from or reservations to the terms of the Contract, may, in UNOPS absolute discretion, be
rejected or excluded from further consideration at any time during the evaluation, including
after preliminary examination. A bidder may not be permitted to correct or withdraw material
deviations or reservations in a bid once the bids have been opened.
33.
CLARIFICATION OF BIDS
UNOPS may request clarification or further information in writing from the bidders at any
time during the bid process. The bidders responses shall not contain any changes
regarding the substance or price of the bid.
UNOPS may use such information in interpreting and evaluating the relevant bid but is under
no obligation to take it into account.
34.
CRITERIA
Returnable Bid Schedule 1 - Form of Bid

The bidders form of bid is correctly filled out.
Check and clarify
Returnable Bid Schedule 2 - Bid Security
UNOPS 2015
15
INVITATION TO BID
Schedules

The bidders bid security complies with the ITBs requirement.

Pass / Fail
Returnable Bid Schedule 3 Lump Sum Contract Price and Schedule of Rates for Variations
and Dayworks Rates:
Bidders must complete the Bill of Quanitities (https://goo.gl/WWH2mI), and insert in
Schedule 3 a Lump Sum Contract Price and Schedule of Rates for Variations and Dayworks.
Financial evaluation of the bids shall be conducted only for the bids found to be technically
compliant and can be carried out, as follows:
For the purpose of evaluating the bids, the Lump Sum Contract Price and that of the
Schedule of Rates for Variations and Daywork Rates shall be evaluated based on
price and value for money, analysing all relevant costs, risks and benefits of each bid
throughout the whole life cycle of the works and in the context of the project as a
whole.
The contract shall be awarded to the bidder who submits the lowest price, provided
that this price is reasonable and within an acceptable range of the project budget and
all other bids received.
In the event that the lowest price offer is the outwith the acceptable range, UNOPS
may seek clarifications and additional information to confirm that the supplier will be
capable of delivering the full scope of works at the quoted price.
In the event that such evidence and assurances are not available upon request, or
are not sufficient to adequately account for the services, UNOPS may judge, at its
sole discretion, that the suppliers bid be rejected.
Returnable Bid Schedule 4 Technical Proposal

The technical proposal will be included in the Contract Agreement.
The bidders technical proposal demonstrates the bidders capacity to plan and programme
the works within timelines that are consistent with industry practice, the project requirements
and UNOPS' project technical staff programme.
Pass / Fail
Returnable Bid Schedule 5 Key Personnel Interview
The bidders project team and key personnel have been proposed at PQQ stage. As part of
the ITB evaluation process, key personnel will be required to participate in an interview with
UNOPS to confirm their qualifcations and experience to undertake the project.
Pass / Fail
Returnable Bid Schedule 6 Insurances
The bidders insurances comply with the ITBs requirements.
Check and clarify
Returnable Bid Schedule 7 Proposed Subcontractors and Suppliers
UNOPS 2015
16
INVITATION TO BID
Schedules

The submitted schedule shall form part of the contract with the winning bidder. The proposed
list of subcontractors may be different from that proposed at the PQQ following the release
of the full technical specification.
Check and clarify
Returnable Bid Schedule 8 Declaration
The bidders declaration is correctly filled out.
Check and clarify
Returnable Bid Schedule 9 Addenda to ITB
The bidders filled out this schedule.
Check and clarify
UNOPS 2015
17
INVITATION TO BID
Schedules

SECTION IV
RETURNABLE BID SCHEDULES
Note to Bidders: Instructions to complete each Returnable Bid Schedule are
highlighted in blue in each schedule. Please complete the Returnable Bid Schedules
as instructed
UNOPS 2015
18
INVITATION TO BID
Schedules

RETURNABLE BID SCHEDULE 1

FORM OF BID
Phnom Penh Center
5th Floor, Room 511
Phnom Penh
Cambodia
Dear Sir/Madam,
Subject: Bid for the Construction of Cambodia Korea Friendship BLDG of the
National Paediatric Hospital Phnom Penh, Cambodia
ITB Case No. KHOC/KOICA/202015 dated 11 December 2015.
1.
We, [Name of Bidder], hereby submit a bid for the construction of the abovereferenced works in response to the above-referenced ITB.
2.
We warrant that in preparing and submitting this bid, we have complied with, and are
willing to be bound by, any and all of the requirements and provisions of the abovereferenced ITB, including the terms and conditions of the Contract as set out in
Section V of the ITB.
3.
Based on the above, our proposed Contract Price is: [Insert Proposed Contract
Price in numbers and letters].
4.
Our bid shall remain valid for UNOPS acceptance for 90 days from the Closing Date.
5.
We acknowledge and agree that:
subject to Section III of the ITB, UNOPS is not bound to accept the lowest bid
or any other bid it may receive in response to the above-referenced ITB;
no liability of UNOPS and KOICA and no binding contract exists until the
Contract is executed by both parties;
each party constituting the bidder is bound jointly and severally by this bid;
and
6.
Enclosed is a bid security in the sum of [insert amount] in the form set out in the
Returnable Bid Schedule 2 Form of Bid Security, issued by [insert name of bank].
7.
We accept, without material reservations, KOICA General Conditions of Contract and

Special Conditions of Contract, Bill of Quantities, Technical Specifcations and
drawings as applicable.
I, the undersigned, certify that I am duly authorized by [insert name of bidder] to sign this
bid and bind [insert name of bidder] should UNOPS accept this bid:
Name: ________________________________________________________________
Title: _________________________________________________________________
Date: _________________________________________________________________
UNOPS 2015
19
INVITATION TO BID
Schedules

Signature: _____________________________________________________________
[Stamp form of bid with official stamp of the bidder]
UNOPS 2015
20
INVITATION TO BID
Schedules


FORM OF BID SECURITY
BANK GUARANTEE FOR BID
[Insert Letterhead of Bank]
Date: [insert]
To:
Dear Korea International Cooperation Agency (KOICA)
Re: Bank Guarantee for Bid in response to Invitation to Bid, Case No.
KHOC/KOICA/102015
The United Nations Office for Project Services (UNOPS) issued an Invitation to Bid for the
construction of the Cambodia Korea Friendship building of the National Paediatric Hospital
in Phnom Penh, Cambodia, Case No. KHOC/KOICA/102015 (ITB). In response to this ITB,
[insert name of bidder] has informed you of its intent to submit a bid.
We the undersigned, hereby gurarantee that if awarded a contract, we will perform faithfully
the requirements of the contract.
Should we withdraw our bid before its expiration and/or after being awarded the contract by
the Korea International Cooperation Agency (KOICA), or
Should we refuse to conclude the contract, or
Should we fail to establish a Contract Deposit in accordance with the contractual conditions,
We undertake to pay KOICA immediately the sum of five (5) percent of the lum sum bid
price, according to, and upon receipt of, its first written demand, without KOICA having to
substantiate its demand.
We further guarantee that we will not claim against or appeal to KOICA in relation to any
unfavourable action which may be taken against us by KOICA on the grounds that we have
not complied with the above conditions.
This bank guarantee is valid and will continue to be valid from the date of this letter until 30
days beyond the bid validity period, as may be extended, after which this bank guarantee will
automatically become null and void, unless a dispute arises in relation to this bank
guarantee.
Notices under this bank guarantee shall be made to:
[insert contact information for notices]
UNOPS 2015
21
INVITATION TO BID
Schedules

IN WITNESS of which the [insert name of bank] has duly executed this Guarantee on the date
stated above.
SIGNED by [insert]
as attorney for [insert]
under power of attorney dated [insert]
__________________________________________________________________________
By executing this agreement the attorney states that the attorney has received no notice of
revocation of the power of attorney
UNOPS 2015
22
INVITATION TO BID
Schedules

LUMP SUM CONTRACT PRICE

AND
SCHEDULE OF RATES FOR VARIATIONS AND DAYWORK RATES
ITB Case No.: _____________________________________________________________

Name of bidder: ____________________________________________________________
Date: ____________________________________________________________________
Signature: ________________________________________________________________
Note to bidders: Bidders shall submit within Returnable Bid Schedule 3 (or annexed to
Returnable Bid Schedule 3 if files size is prohibitively large) a lump sum contract price and a
Schedule of Rates for Variations and Daywork Rates.
Please note that indirect costs, general administrative expense and profit should be applied
to the direct cost of construction as follows:
Indirect cost (field staff, labor costs, administrative expenses and site safety
management fee (1.5%): 6.5% or more
Head office administrative expenses and profit: more than 7%
Bidders should note that all quantities contained within the Bill of Quantites are approximate.
It is the bidders responsibility to calculate all quantities, and any discrepancies must be
taken into account in the final price.
UNOPS 2015
23
INVITATION TO BID
Schedules


TECHNICAL PROPOSAL & PRELIMINARY PROGRAMME
ITB Case No.: _____________________________________________________________
Name of bidder: ___________________________________________________________
Date: ____________________________________________________________________
Signature: ________________________________________________________________
Note to bidders: Bidders shall submit a technical proposal for the execution of the works.
Bidders are required to make their own detailed assessment of the time, work methods and
activities that shall be required for the successful and timely completion of the works, and
shall submit their bid on the basis of an assurance that the works can be completed by the
Time for Completion and the Milestone Dates identified in the Contract.
The technical proposal shall be prepared in sufficient detail to enable UNOPS to adequately
evaluate the planned execution, staging and allocation of resources for the works.
The preliminary programme shall show the dates when the Milestones identified in the
Contract shall be achieved. It shall also include and/or be accompanied by:
(i)
a programme narrative that describes the mechanisms and assumptions

made in preparing the programme; and
(ii)
a critical path analysis for the execution of the works which shall clearly show
the float times available within the programme and the earliest start/earliest
finish and latest start/latest finish times for each and every activity.
If a bidder is selected as the preferred bidder, it shall be required to further develop and
complete this programme in accordance with the contract for works.
UNOPS 2015
24
INVITATION TO BID
Schedules


KEY PERSONNEL INTERVIEW
ITB Case No.: _____________________________________________________________

Name of bidder: ___________________________________________________________
Date: ____________________________________________________________________
Signature: ________________________________________________________________
As part of the PQQ submission, Bidders were asked to propose their project team including
the key personnel. As a requirement for this ITB submission, UNOPS request that the key
personnel attend an interview expected to take place on Monday 14th December.
No.
Position
Project Manager
Project Engineer
Name of Person
Confirm
Availability for
Interview
The exact time and location of the interview will be confirmed as soon as possible following
the release of this ITB.
UNOPS 2015
25
INVITATION TO BID
Schedules


INSURANCES
ITB Case No.: _______________________________________________________
Name of bidder: _____________________________________________________
Date: _____________________________________________________________
Signature: _________________________________________________________
Note to bidders: Bidders are to provide details of insurance policies required under Article 9
of the Contract. Bidders are advised that UNOPS may request copies of the insurance
policies and any endorsements during the review of bids, including amounts of any
deductibles and all exclusions.
UNOPS 2015
26
INVITATION TO BID
Schedules


PROPOSED SUBCONTRACTORS AND SUPPLIERS
ITB Case No.:______________________________________________________________
Name of bidder: ____________________________________________________________
Date: ____________________________________________________________________
Signature: ________________________________________________________________
Note to bidders: Bidders shall provide details of the subcontractors and suppliers they
propose to use on the project, including:
UNOPS 2015
Companies' names; and

Particulars of the works which the bidder proposes to be undertaken by them.
Percentage of work expected to be awarded to each subcontractor
27
INVITATION TO BID
Schedules


DECLARATION
Phnom Penh Center
5th Floor, Room 511
Phnom Penh
Cambodia
Dear Sir/Madam,
Subject: Invitation to Bid for the Construction of Cambodia Korea Friendship BLDG
of the National Paediatric Hospital in Phnom Penh, Cambodia.
Case No. KHOC/KOICA/102015
I, [insert name and title], [insert title], do solemnly and sincerely declare that:
1.
I am duly authorised by [Insert name of bidder] (the Bidder) to make this declaration
on its behalf.
2.
I make this declaration on behalf of the Bidder.
3.
Before the Bidder submitted its bid, neither the Bidder, nor any of its employees or
agents, had knowledge of the bid price proposed by any other bidder who submitted,
or of any person, company, other body corporate or firm that proposed to submit, a
bid in response to this ITB.
4.
Before the Deadline for Submission of Bids of this bid process, neither the Bidder,
nor any of its employees or agents, disclosed the Bidders bid price to:
5.
(i)
any other bidder who submitted a bid in response to this ITB;
(ii)
any person, company, other body corporate or firm proposing to submit a bid
in response to this ITB.
Neither the Bidder, nor any of its employees or agents, has provided information to:
(i)
any other bidder who has submitted a bid in response to this ITB;
(ii)
any person, company, other body corporate or firm proposing to submit a bid
in response to this ITB; or
(iii)
any other person, company, body corporate or firm for the purpose of
assisting in the preparation of a bid in response to this ITB.
6.
The Bidder is genuinely competing for the Contract.
7.
Neither the Bidder, nor any of its employees or agents, has entered into any contract,
agreement, arrangement or understanding, other than as disclosed to UNOPS in the
bid, that the successful bidder for the Contract shall pay any money to, or provide
any other benefit or other financial advantage to, an industry association in respect of
the Contract.
UNOPS 2015
28
INVITATION TO BID
Schedules

8.
agreement, arrangement or understanding that the successful bidder for the Contract
shall pay any money to, or provide any other benefit or other financial advantage to,
any other bidder who unsuccessfully tendered for the Contract.
9.
agreement, arrangement or understanding that bidders for the Contract would
include an identical or similar condition or qualification in their bids.
I acknowledge that this declaration is true and correct, and I make it in the belief that a
person making a false declaration is liable to penalties.
DECLARED at [insert place] on [insert date] before me:
_______________________________________________________________________
Signature of authorised witness
_______________________________________________________________________
Name of authorised witness
(capital letters)
_________________________________________________________________________
Address of authorised witness
________________________________________________________________________
Witness Occupation
_________________________________________________________________________
Signature of declarant
UNOPS 2015
29
INVITATION TO BID
Schedules


ADDENDA TO ITB
ITB Case No.:______________________________________________________________
Name of bidder: ____________________________________________________________
Date: ____________________________________________________________________
Signature: _________________________________________________________________
We acknowledge receipt of the following Addenda, which have been taken into account in
preparing the bid:
All Addenda can be downloaded from https://goo.gl/WWH2mI
Addendum Number
Bill of Quantities
Dated
Drawings
Technical Specifications
Catalogue
Perspective
UNOPS 2015
30
INVITATION TO BID
Schedules

SECTION V: KOICA INTERNATIONAL CONSTRUCTION CONTRACT

NB: UNOPS and KOICA are currently undertaking a review of translation between Korean
and English in the document below. However, the contents in the provisions and articles of
the general and special conditions of contract will remain unchanged in the final version.
International Construction Contract

Contract Name OOOOOOOOOOOO Local Construction Contract, Cambodia
Host Country
Cambodia
Project Name
OOOOOOOO Construction in Cambodia
Work Site
Contract Price
OOOOOOOOOOO Phnom Penh, Cambodia

USD 0,000,000
Contract Deposit Twenty (20) percent of 100

Rate of Delay
1 of 1000 per day, Maximum 100 of 1000
Damages
Guarantee Rate
of Maintenance Five (5) percent of 100
Security
Contract Period 00 months from Contract Date : mm dd 20yy ~ mm dd 20yy
This is confirm that publicized bidding notice, proposal, attached General Condition of
Contract, Special Condition of Contract, Technical Specification, Drawings, Bill of
Quantities, Detail of Contract Price, Project Plan constitute this Contract.
This is made as proof of Contract committed in equality to confirm genuine execution of
contractual obligation under mutual trust.
mm dd 20yy
Address
Contractor
Trade
Name
Registrat
ion
Number
In Charge
UNOPS 2015
31
INVITATION TO BID
Schedules

Phnom Penh Tower, 12 Floor, #445, Monivong Blvd, Corner Street 232,
Address Boeung Prolet, 7 Makara, Phnom Penh, Cambodia, KOICA Cambodia Office
KOICA
Contract
Sook Hee Baek (Signature)
Officer
General and Special Condition of Contract
UNOPS 2015
32
INVITATION TO BID
Schedules


GENERAL CONDITION OF CONTRACT
1()
Article 1. Definitions

In this Agreement, the following terms shall have the meaning set forth below:
1. .
The Contractor means an individual or juridical person who has entered into a contract for
construction with Employer.
2. 16 ,
.
The Construction Superintendent means the Employer's staff, supervisor or construction manager
appointed by the Employer to carry out such duties as prescribed in Section 16 of GCC.
3. , , .
The Design Document means the construction specifications, construction working drawings,
and site conference document.
UNOPS 2015
33
INVITATION TO BID
Schedules

4.
,, ,
( ) .
The Bill of Quantities (BOQ) means the sheet comprising of items/accounts of Works and the
specifications, quantity and unit of each item/account, and distributed to bidding participants
following the bidding notice or to the successful bidder after the selection thereof.
5.

.
The Price schedule means the Bill of Quantities provided by the Employer and subsequently
filled up by bidders or the Contractor with unit price, or, in case of a contract ad libitum, a
statement attachment submitted by the time of report of commencement of Works.
6. (day) , ,
.
The day means calendar day, while the expiry date shall be extended to the following business
day in case it falls on a Saturday, Sunday or a holiday
7. .
The Site means, where applicable, the place or places stated in the front page of this Agreement.
8.
.
The Contract Period means the period designated in consideration of the extendibility of the
Project owing to the circumstances related with the Host Country and other reasons than the
Contractor's fault, and specified in the front page of this Agreement.
9. , , , , , ,
(
) .
Force Majeure means storms, floods, earthquakes, war, riot, civil insurrection, fires, epidemic,
quarantine restrictions, freight embargoes, etc. which are beyond the reasonable expectation of the
parties at the time of execution of the Agreement and currently still beyond reasonable control of
the affected party, and could frustrate the purpose of the Agreement.
10.
, "" ( ,
, ) ( )
.
Other terms, unless otherwise provided in this General Conditions of Contract (GCC), are subject
to the relevant KOICA regulations and implementing rules on procurement and contracting in
respect of the Foreign Grant Assistance Program, KOICA regulation on accounting and the
UNOPS 2015
34
INVITATION TO BID
Schedules

Instructions on the International Bidding for the Construction Works (hereinafter referred to as
"KOICA Regulations", "KOICA Rules", "Instructions", respectively).
2()
Article 2. Contract Documents
2.1
, , , ,
, .
This Agreement shall consist of Contract Form, General Conditions Contract (GCC) and Special
Conditions of Contract (SCC) as well as the Instructions on the International Bidding for the
Construction Works made public at bidding, and other attachments including Technical Specific,
Design Document, Bill of Quantities, Breakdown of the Contract Price and the Proposal; in case of
conflict among the Contract Documents, special provisions shall prevail general provisions.
2.2 2.1
.
The Employer may, in deciding SCC pursuant to Section 2.1, indicate such matters explicitly as
deemed necessary in view of the specific nature of the construction works to the extent not
restricting the contractual interests of the Contractor improperly.
2.3 .
Notices between the parties shall be deemed to be effective as a part of Contract Documents
under GCC.
2.4
Priority of Contract Documents
(1)
The Contract Agreement (when completed)
(2)
The General and Special Conditions of Contract
(3)
The Design Documentss
(4)
Any other document forming part of the Contract
The contract documents are complementary and are intended to include and imply all the items
necessary for the correct and complete execution of the Works.
UNOPS 2015
35
INVITATION TO BID
Schedules

In the event of any ambiguities or discrepancies between the contract documentation being noted, the
Contractor will be deemed to have included within his tender for the more stringent of these
requirements regardless of the Engineer's adjudication.
3()
Article 3. Language
. ,
.
All the Contract Documents shall be made either in Korean or English; provided, however, that,
should there be any discrepancy or difference between the Korean version and the English one, if any,
the Korean version shall prevail.
4( )
Article 4. Notice, etc.
4.1 ( )
.
Oral communications including notification, application, request, demand, reply, approval,
instruction and so on (hereinafter referred to as the "Notice") shall become effective with the
evidential supplement in writing.
4.2 ,
.
The venue of the Notice shall be the address noted in the contracts, and the change of such address
shall be notified immediately to the parties concerned.
4.3
. .
The effect of the Notice shall, unless otherwise provided in the Contract Documents, come into
force upon the receipt of the parties concerned. In such a case, if the date of receipt falls on a
holiday, the Notice shall become effective the next business date.
4.4
.
When the party concerned is requested in writing to respond to anything subject to the provisions of
GCC or relevant laws and regulations in the course of performance of contracts, he/she shall
review it and reply in a sincere manner.
UNOPS 2015
36
INVITATION TO BID
Schedules

4.5 , , ,
, .
Any notice related with this Agreement shall be i) personally delivered, ii) transmitted by mail, iii)
transmitted via the Electronic Procurement System of the Employer, or iv) transmitted by e-mail,
telex or fax with answerback or confirmed receipt thereof, to the parties, with the addressee
elected and confirmed in writing each other.
5()
Article 5. Assignment of Claims
( ) 3
.
The Contractor shall neither assign the claims arising out of this Agreement (i.e., claims for
Contract Price) to a third party, nor grant such claims as security for the benefit of a third party,
without prior written consent of the Employer.
6(, )
Article 6. Contract Deposit, Maintenance Security, etc.
6.1 100 20 ( "" ) ,
100 5 ( "" ),
.
The Contractor shall furnish to the Employer i) the Contract Deposit to ensure the conclusion and
performance of contract in the amount of twenty (20) percent of the Contract Price, and ii) the
Maintenance Security to ensure the maintenance and repair of the Works in the amount of five (5)
percent of the Contract Price, respectively, in a manner as required by the Employer in the form
and substance.
6.2
.
In case that the whole or part of Contract Deposit may be exempted pursuant to the Instructions on
the International Bidding for the Construction Works, the Contractor may cause the Contract
Deposit to be replaced by the letter of undertaking to pay the relevant Contract Deposit.
6.3 28 ,
.
In case the Construction Period is extended pursuant to Section 28 of GCC, the Performance
Security shall be modified in line with such extended contract period and submitted to the
Employer.
UNOPS 2015
37
INVITATION TO BID
Schedules

6.4 60 ,
35 60 .
The period of the Contract Deposit shall be from the Effective Date to no less than sixty (60) days
since the expiry of the Construction Period, and, in case of Maintenance Security, from the
completion date to no less than sixty (60) days since the expiry of the Period of Maintenance
Liability as set forth in Section 35 of GCC.
6.5
.
When the Employer is requested, with respect to the Works, to pay the advance payment (which
refers to the payment in advance usually made) to the Contractor, the Contractor shall submit the
Advance Payment Guarantee in a manner as required by the Employer in the form and substance.
7( )
Article 7. Disposal of Contract Deposit
7.1

When the Contractor fails to perform the obligations hereunder without any justifiable ground, the
Employer may revert to itself the proceeds of Contract Deposit and terminate this Agreement.
7.2 7.1 2
.
In case of the contract for the construction works on a long-term basis, the provisions of Section 7.1
shall apply mutatis mutandis where the Contractor fails to execute the contract for the second phase
construction.
7.3 6.2

.
In case that the letter of undertaking to pay the Contract Deposit is submitted pursuant to Section
6.2 of GCC, the Contractor shall pay the relevant Contract Deposit in cash without delay upon the
request of the Employer to pay such Contract Deposit on the occasion of confiscating the Contract
Deposit.
7.4 7.1 7.2
.
In confiscating the Contract Deposit under Sections 7.1 and 7.2, such Contract Deposit shall not be
set off with the unpaid amount of the then performed Works.
7.5 , ""
.
UNOPS 2015
38
INVITATION TO BID
Schedules

The Contract Deposit furnished by the Contractor shall be returned to the Contractor without delay
upon its request after this Agreement has been completely performed.
8( )
Article 8. Commencement and Completion of Construction Works
8.1 .
The commencement date shall be date of the signing of the contract, unless otherwise stated in
the special condition of contract.
8.2 ,
,
.
The Contractor shall commence the execution of the Works at the same time with the signing of the
contract as soon as reasonably Practicable after the commencement date. If the Contractor fails to
commence the Works on the commencement date with its fault, the commencement date shall be
the date when the Contractor takes over the construction site. In this case, the Contractor may not
request the extension of the Construction Period.
8.3 . ,
29 .
The completion date shall be the date when the Contractor requires the Employer to inspect the
Works in writing upon completing the Works; provided, however, that it is available only when the
Works finally pass such inspection subject to Article 29 of GCC.
9( )
Article 9. Casualty Insurance for Works
9.1 3
.
The Contractor may take out casualty insurance to insure the subject of this Agreement and the
damages for the benefit of third party.
9.2 9.1 , "",
, ""
"" .
In effecting the casualty insurance pursuant to Section 9.1, the Contractor shall make the
Employer, the Contractor itself, sub-contractors and other interested persons of such Works
jointly the insured, and obtain the prior consent of the Employer in case that other persons than
the Employer receive the insurance proceeds owing to the occurrence of perils insured.
UNOPS 2015
39
INVITATION TO BID
Schedules

9.3
( , ""
. ) .
The insurance amount for the subject of this Agreement shall be based upon the net Contract Price
(amounting to the Contract Price less VAT and premium plus the price of materials provided by
the Host Country or Employer. The same shall apply to the following provisions) of the insured
part of the Works.
9.4 11.1
,
.
Effective period of casualty insurance pursuant to Section 9.1 shall be from prior to the
commencement time to the date of turn-over of the Works to the Employer. The Contractor shall
submit the certificate of insurance policy at the time of submitting the report of commencement of
Works.
9.5
,
.
The Contractor shall use the insurance proceeds preferably for the recovery the relevant Works in
case that the proceeds is paid owing to the occurrence of perils insured, and shall neither delay nor
reject such recovery even with delay or insufficient of such payment.
9.6

45, 46

.
The Contractor shall, in effecting the casualty insurance, make its right and obligation based on
the insurance contract be succeeded to the joint and several guarantor or a guarantee organization
in case that the joint and several guarantor or a guarantee organization executes the Works on
behalf of it. In case that the new Contractor is elected upon the termination of this Agreement
subject to Sections 42 and 43 of GCC, the previous Contractor shall make its right and obligation
based on the insurance contract be succeeded to the new Contractor.
9.7

.
In case that there takes place a difference between the premium on the projected price statement
prepared by the Employer or that on the statement of bid quotations submitted by the Contractor,
and the actually paid premium to the insurance company, the Contractor shall neither reject the
insurance contract nor demand the settlement of such difference.
UNOPS 2015
40
INVITATION TO BID
Schedules

10( )
Article 10. Altered Status of Site
10.1
"" .
The Contractor shall notify the Employer immediately in writing of the occurrence of any of the
following events subsequent to the execution of this Agreement before the state has been altered:
(a)

The natural conditions and artificial impediments of the Site which are remarkably different from the
status as prescribed in the Agreement, and make impossible the progress of the Works; or
(b)

The natural status of the Site which is remarkably different from the generally imposed status in view
of the nature of the Works, and makes it impossible the progress of the Works.
10.2 "" 10.1
. ""
.
The Employer shall inspect the status quo of the Site regarding Section 10.1 immediately upon the
receipt of the notification of the Contractor and take appropriate measures; provided, however,
that the same shall not apply where the Contractor continues to execute the Works without
notifying the Employer in writing in advance of the altered status of the site.
11( )
Article 11. Inspection of Materials
11.1 , [ 2]
3 .
The materials to be used for the Works shall be in conformity with the quality standard of the
Republic of Korea and brand-new one.
11.2 Catalog
,
.
The Contractor shall certainly cause the samples, catalog and so forth to be inspected by the
Employer or the Engineer designated by it prior to using the materials and those which fail to
pass the inspection shall be immediately replaced with new one and re-inspected.
11.3 11.2 .
, 11.2 , ,
UNOPS 2015
41
INVITATION TO BID
Schedules


.
The materials determined as off-grade in the inspection subject to Section 11.2 shall not be used for
the Works; provided, however, that, in case of the objection of the Contractor against the
inspection under Section 11.2, the Contractor may demand the re-inspection of the materials.
When such re-inspection is deemed necessary, the Employer shall make arrangements for their
re-inspection without delay except in an unavoidable situation.
11.4 11.3
.
When the Employer is requested by the Contractor to inspect the materials to be used for the Works
or to do re-inspection under Section 11.3, the Employer shall not delay the inspection without any
justifiable reason.
11.5 ,

.
In case the Contractor would not immediately transport or replace the off-grade materials, the
Employer may remove or replace such off-grade materials at the expense of the Contractor.
11.6 ,
.
The Contractor shall bear the cost incurred for the inspection of materials, and shall not demand the
extension of the Construction Period on account of the inspection or re-inspection.
11.7
.
In case that a test or assembly of materials is required, the Contractor shall cause such test or
assembly to be conducted at the presence of the Employer.
11.8
. ,
,
.
In executing the Works sunken underwater or buried underground, or incapable of inspection from
outside after completion, the Contractor shall do the job at the presence of the Engineer;
provided, however, that subject to the prior written consent of the Engineer in case of employing
photographs, video tapes, etc. to examine the construction method, the Contractor may do so
without the Engineer's presence.
11.9 11.1 11.7
.
UNOPS 2015
42
INVITATION TO BID
Schedules

When the Contractor executes the Works in breach of the conditions as prescribed in Sections 11.1
through 11.7 or not in conformity with the Design Document, the Employer may demand the
Contractor to replace or reconstruct then performed Works.
11.10 11.2 11.8 .
In case of Sections 11.2 through 11.8, it is not allowed to adjust the contract price or extend the
Construction Period.
12( )
Article 12. Safety of Works
12.1 ,
( )
. .
The Contractor shall conduct the sufficient investigation on the safety of Works to prevent industrial
perils, and take the best necessary measures including the installation of safety facilities and
insurance, etc. (hereinafter referred to as the "Safety Cost"). The contract price hereunder includes the
Safety Cost.
12.2
,
.
The Contractor shall use the Safety Cost subject to the regulations regarding construction and the laws
regarding the safety and public health of the Host Country. The Employer may deduct the amount,
which was used for a different purpose or not used at all for such purpose, at the time of settlement
upon the completion of the Works.
13( )
Article 13. Insurance and Casualty Compensation
13.1 "" ,
.
The Contractor shall make the probable accidents to human resources, put to work for the
performance of this Agreement, insure at its cost, which is included in the Contract Price.
13.2 ""
"" .
The Contractor shall submit the Employer a copy of insurance certificate giving evidence of the
insurance contract for the human resources put to work for the performance of the Works prior to
their detachment.
UNOPS 2015
43
INVITATION TO BID
Schedules

13.3 , 3
, ,
.
The Contractor shall be totally liable, regardless of civil or penal liability, for the illness, injury, death
and other loss of the Contractor's employees, the Employer's staff and a third party, and responsible
for the matters in the capacity as such an employer or sponsor as prescribed in the relevant laws of the
Host Country.
14( )
Article 14. Contractor's Representative
14.1 (
) , (Site Manager)
.
The Contractor shall, prior to the commencement of the Works, station qualified construction
engineers (such qualified persons as required by the relevant laws of Cambodia or Republic of Korea)
as required by the Employer on the Site, and, after electing one of them as the Contractor's
Representative on the Site, shall notify the Employer thereof.
14.2 14.1
,
.
The Contractor's Representative of Section 14.1 shall station itself continuously on the Site in
conformity with the relevant laws of Cambodia, and represent the Contractor in all respects of
executing the Works subject to the Contract Documents and the instructions of the Engineer, dealing
with keeping order of the Site and other matters related with the Works.
14.3 14.1
,
, .
In case that the Employer or the Engineer demands the replacement of the Contractor's Representative
appointed under Section 14.1 claiming that the Contractor's Representative is incapable of the Works
on account of weak physical conditions, insufficient capability and so on, the Contractor shall,
without delay, respond to it except otherwise asserting justifiable reasons not to replace him.
14.4 14.1 ,
.
The Contractors Representative on the Site of under Section 14.1 shall serve exclusively for the
Works only. Should the Representative serve for other than the Works, it shall cause the breach of the
Contract.
15( )
UNOPS 2015
44
INVITATION TO BID
Schedules

Article 15. On-site Laborers

15.1
.
The Contractor shall recruit laborers equipped with skills and experiences necessary for the
execution and management of the Works, and be accountable for activities of such laborers.
15.2
,
.
In case that the Employer demands the replacement of the laborer(s) recruited by the Contractor,
who is deemed unsuitable for the execution and management of the Works, the Contractor shall
immediately replace such laborer(s), and never recruit such laborer(s) again for the execution and
management of the Works without the consent of the Employer.
15.3 ,
.
The Contractor shall cause the Works undertaken by it to be executed properly in conformity with
the relevant laws of the Host Country, and any measures for the construction laborers shall be taken at
the cost and responsibility of the Contractor.
16()
Article 16. The Engineer
16.1
,
.
To secure the appropriate execution of the Works, the Employer shall supervise such Works by itself
or appoint the Engineer who will carry out the following duties on behalf of the Employer, and the
Contractor shall cooperatively observe the instructions and supervision of the Works conducted by the
Employer and/or its Engineer:
1.
To supervise and attend the overall Works;
2.
To do instructions, approval or advisory recommendations to the Contractor in performing the
Agreement;
3.
To attend the inspection or test of the materials and execution of the Works;
UNOPS 2015
45
INVITATION TO BID
Schedules

4. ,
To attend and confirm the inspection of performed or completed part of the Works, or the
delivery of the subject matter of the Works;
5.
To comply with the provisions on the duty of care as stated in the construction related laws of the
Host Country and prescribed in GCC; and
6.
Other matters delegated by the Employer with respect to the supervision of the Works.
16.2 16.1
.
When the Employer appoints the Engineer pursuant to Section 16.1, the Employer shall
immediately give notice to the Contractor of such appointment.
16.3 ,
"" "" .
The Engineer shall not exempt, reduce or increase the duties and responsibility of the Contractor
without the approval of the Employer, and the Contractor is not allowed to object to the
Employer's decision hereon.
16.4

.
In case that the instruction or decision of the Engineer is deemed in violation of the provisions of
GCC or improper to the performance of the Agreement, the Contractor may immediately require
the Employer to take necessary measures by describing its ground.
16.5 16.4 14
.
The Employer shall take the necessary measures within fourteen (14) days from the request for
corrective measures under Section 16.4.
16.6 "
.
The Contractor shall submit to the Engineer the copy of any document(s) to be submitted to the
Employer.
UNOPS 2015
46
INVITATION TO BID
Schedules

17( )
Article 17. Commencement of Works and Progress Report
17.1 ,
.
The Contractor shall commence the Work in accordance with the Contract Documents, and, at
this juncture, submit to the Employer the report on the commencement of Works including the
following documents:
1. (
)
Report appointing the construction engineers under the framework law and regulations on
construction of the Host Country (or under that of Republic of Korea in case absence of such
framework law and regulations in the Host Country);
2.
Program or the projected schedule of the Works;
3.
Plan for the management of security, environment and quality of the Works;
4.
Plan for the use of laborers, and equipment and material by projection;
5.
Photographs of the Site just before the commencement of Works; and
6.
Other matters instructed by the Employer.
17.2 1

.
When the change of documents, which have been submitted under Section 17.1, is necessary
owing to the modification of designs or any other provisions of the Agreement in the midst of
performing the Agreement, the Contractor shall submit the modified documents subject to the
approval of the Employer.
17.3 17.1 17.2
.
UNOPS 2015
47
INVITATION TO BID
Schedules

In case that the modification of documents submitted under Sections 17.1 and 17.2 is deemed
necessary, the Employer may request the Contractor to modify such documents.
17.4
14 , .
The Employer may request the Contractor to submit the progress report on the Works performed
by month within fourteen (14) days of the following month by clarifying the following matters,
and the Contractor shall respond to it;
1.
The rate of progress of the Works by month and performed Contract Price;
2.
The status quo of laborers, equipment and materials;
3.
Any modification of the Agreement and the Contract Price;
4.
Photographs describing the progress of the Works on the Site;
5.
Other matters instructed by the Employer.
17.5
4
.
In case that the completion of the Works is deemed impossible by the prescribed time because of
delayed progress of the Works, the Employer may request the Contractor to take necessary
measures how to recover the progress of the Works apart from the monthly reports prescribed in
Section 17.4.
18( )
Article 18. Change of Design, etc.
18.1 1 .
The change of design shall be allowed in any of the following cases:
1. ,
Any ambiguity, omission, error or discrepancy in the Design Document;
UNOPS 2015
48
INVITATION TO BID
Schedules

2. ,
Any difference between the status quo of the Site including terrestrial condition and waters, and
the Design Document;
3.
Expectation of such significant effects as saving of construction costs and acceleration of
Construction Period and so on by adopting brand-new technology and method of construction;
4.
Other cases where the Employer deems it necessary to modify the Design Document.
18.2 18.1 1
.
The modification of design pursuant to Section 18.1 shall not include the following items;
1. 1
The Price Schedules of the Works under KRW 100,000,000 whose contract has been executed
under bidding;
2.
The Price Schedules of the Works whose contract has been executed as a contract ad libitum;
3. ,

The Price Schedules of the Works whose alternative has been adopted as a result of consideration
of the comprehensive bidding, project by means of executed design and/or performance bidding
and the alternative bidding.
18.3 18.1
. ,
,
.
The modification of design pursuant to Section 18.1 shall be completed before executing the part
of the Works which necessitates such modification of design; provided, however, that, in case that
it is deemed necessary to execute the Works in emergency because of expected downgrade of
quality and others as a result of delayed progress of the Works, the Employer shall make clear the
timing of the modification of design in consultation with the Contractor, and may allow the
Contractor to execute the Works even before such modification of design.
19( )
UNOPS 2015
49
INVITATION TO BID
Schedules

Article 19. Modification of Design owing to Errors, etc. of Design Document

19.1

.
When the Contractor finds the ambiguity, omission, error or discrepancy in the Design
Document while executing the Works, the Contractor shall notify the Employer of such fact by
describing the details in writing via the Engineer before executing the part of the Works in need
of the modification of design.
19.2 1
1 .
Upon receiving the notice stated in Section 19.1, the Employer shall take necessary measures so
that the Works may be executed in a proper manner, including the modification of design by
means of any of the followings:
1. ( ,
)

To decide, in case that there is ambiguity in the Design Document (thereby unable to confirm the
method of construction and materials to be used), whether the modification of design is necessary
on the basis of matters confirming the method of construction and materials to be used in
accordance with the original Design Document after considering the opinion of the original
designer, the statement of unit price schedule or the calculation of quantities prepared by the
Employer;
2.

To supplement, in case that there is omission or error, the Design Document to secure the
operation and security of the Works after examining such fact;
3.

To conform the Bill of Quantities to the drawings and specifications in case that such drawings
and specifications are consistent but different from the Bill of Quantities; or
4.

To conform the Bill of Quantities to the confirmed drawings or specifications in case that the
drawings and specifications are inconsistent each other, and the Bill of Quantities is different from
such drawings or specifications, after confirming the drawings or specifications so as to ensure the
best execution of the Works.
UNOPS 2015
50
INVITATION TO BID
Schedules

19.3 19.2 3 4 18.2

. , 18.2

.
The provisions of Sections 19.2(c) and 19.2(d) shall not apply to the Works pursuant to Section
18.2 of GCC; provided, however, that, in case of the Works pursuant to Section 18.2 of GCC, the
drawings and specifications are inconsistent each other, the provisions of the relevant laws and
regulations, and bidding-related documents shall decide the priority.
20( )
Article 20. Modification of Design owing to Discrepancy between the Status Quo of Site and
Design Document
20.1 , ,

.
When the Contractor finds that the status quo of the Site including terrestrial condition, waters,
burials, etc. is different from the Design Document while executing the Works, the Contractor shall
immediately notify the Employer of such fact by describing in writing via the Engineer how the
status quo of the Site is different from the Site based on the Design Document.
20.2 20.1
,
.
The Employer shall notify the Contractor in respect of the modification of design in
consideration of the opinion of the Engineer and others after requesting the Engineer to
investigate the Site upon the receipt of the notification pursuant to Section 20.1 and to submit
his/her opinion on whether the modification of design is necessary.
21( )
Article 21. Modification of Design owing to New Technology and New Method of Construction
21.1 (
. )

.
When the Contractor deems new technology and method of construction (including the
technology and method of construction, and equipment and materials, etc. with the identical
functions and effects and above with the design produced by the Employer. The same shall apply
to the following provisions) having a remarkable effect on saving the construction cost and
shortening the Construction Period, etc., the Contractor may request the Employer of the
modification of design in writing via the Engineer with the following attachments:
UNOPS 2015
51
INVITATION TO BID
Schedules

1.
Detailed explanation regarding such suggestion;
2.
The price schedules regarding such suggestion;
3. 17.1 2
The projected schedule of the Works modified in line with Section 17.1(b);
4.
The probable effect for the saving of construction cost and acceleration of Construction Period;
and;
5.
Other references.
21.2 21.1
,
.
In case of the request of the modification of design pursuant to Section 21.1, the Engineer shall
notify the Employer of his/her opinion regarding such request. The Employer shall notify the
Contractor of the result of consideration of the opinion of the Engineer and others.
21.3 21.1

.
When the request pursuant to Section 21.1 has been approved, the Contractor shall without delay
submit to the Employer via the Engineer detailed drawings for the Works to be executed by
adopting such new technology and method of construction.
21.4 21.2 ,

.
The Contractor shall not raise objection against the decision by the Employer pursuant to
Section 21.2, and the Contractor shall not claim to the Employer the expenses incurred for the
development of the new technology and method of construction, as well as the expenses for the
execution of the Works based on the design modified in line with the new technology and
method of construction in case that it is proved impossible to execute the Works by means of
such new technology and method of construction.
UNOPS 2015
52
INVITATION TO BID
Schedules

22( )
Article 22. Modification of Design owing to Employer's Necessity
22.1 1
.
In case that the Employer deems it necessary to modify the design on account of the followings,
the Employer may notify the Contractor thereof in writing:
1.
The need of additional Work accompanied by the modification of part of the Works;
2.
The removal of specified trade of the Construction Works;
3.
The modification of the program;
4.
The modification of method of construction; and
5.
Other modification for the proper performance of the Works.
22.2 22.1
. ,
.
The Employer shall notify the Contractor of the modification of design pursuant to Section 22.1
with the following attachments; provided, however, that, in case of the impossibility to prepare
for the modified design, the Employer may notify the Contractor of the outline of such modified
design:
1.
The outline of the modified design;
2.
The modified drawings and specifications of Works; and
3.
Other necessary documents.
UNOPS 2015
53
INVITATION TO BID
Schedules

22.3 22.1
(
) .
Upon receiving the notice prescribed in Section 22.1, the Contractor shall notify the Employer of
whether such modified design is executable (if it is deemed impossible, the reasons and
evidential data shall be attached) in writing via the Engineer.
23( )
Article 23. Additional Measures following Modification of Design
23.1 18.1

.
In case of the modification of design pursuant to Section 18.1 of GCC, the Employer shall listen
to the opinion of the original designer to make the scope of responsibility arising out of defects
clear insofar as such modified design is related with the security of the Works owing to the
structural change.
23.2 22
, .
23.2 In case of the modification of design pursuant to Section 22 of GCC, the Employer may have the
Contractor submit the followings via the Engineer, and, in such a case, the Contractor shall
respond to it:
1.
The modified program of the relevant type of Works;
2.
The modified drawings and detailed drawings of the relevant type of Works;
3.
The Contract Price and period in need of adjustment; and
4.
Other matters which influence the process of the Works.
23.3 23.2 2
UNOPS 2015
54
INVITATION TO BID
Schedules


.
23.3 In case that the Contractor modifies and submits the original drawings and detailed pursuant to
Section 23.2(2), the Employer may pay, in consultation with the Contractor, the expenses
incurred for such modification to the extent not exceeding the actual cost.
24( )
Article 24. Adjustment of Contract Price subject to Modification of Design
24.1
.
Once the Agreement is executed, the Contractor shall not demand to adjust the Contract Price or
reject to perform the Works on ground of not knowing the conditions of the contract.
24.2 ,
1 .
In case that the modification of design results in the increase or decrease of the volume of
Works owing to the change of construction method and materials to be used, the Employer may
adjust the Contract Price on the basis of any of the followings:
1. . ,

.
The unit price of such increased or decreased volume of Works shall be the unit price under the
contract; provided, however, that, in case of the unit price under the contract higher than the
projected unit price with increased volume, the unit price applicable to such incremental volume
Shall be the projected unit price; or
2. ( ,
. ) (
,
. )
( .
) .
The unit price for the item not existing in the price schedules (applicable to the same kind of
item of different function or specification, and hereinafter referred to as the "New Item") shall
be the amount of the unit price derived from the modification of design (at the time when the
Employer confirm the modified drawings in case of the required modification of design, or at
the time when both parties agree in writing on the modification of design in no need of such
modification) multiplied by the ratio of successful tender price (meaning the ratio of the
successful tender price or the Contract Price against the projected price. The same shall apply
to the following provisions).
UNOPS 2015
55
INVITATION TO BID
Schedules

24.3 ( .
) 2

.
In case that the Employer demands the modification of design (applicable to where there is no
fault on the part of the Contractor), the increased volume or the unit price of the New Item shall,
notwithstanding Section 24.2, be subject to the consultation between the Employer and the
Contractor within the scope of the amount which shall be the unit price calculated at the time of
modification of design multiplied by the ratio of successful tender price.
24.4 21 100 30
.
24.4 In case of the modification of design pursuant to Section 21, the amount equivalent to thirty (30)
percent of the relevant savings shall be reduced from the Contract Price.
24.5 2 3 ,
,

.
The proportional costs (including indirect labor cost, industrial casualty insurance premium,
industrial security and health management cost), and general and administrative expenses and
profits against the incremental Contract Price pursuant to Sections 24.2 and 24.3 shall be based
on the rate of such proportional costs, and the rate of general and administrative expenses and
profits as specified in the price schedules, but shall not exceed the rate as specified in the
relevant laws of Republic of Korea.
24.6 100 86 24.2

100 10 .
In case that the Employer intends to increase the Contract Price pursuant to Section 24.2, which
has been successfully awarded with below eighty six (86) percent of the projected price, and
when the adjusted incremental amount is more than ten (10) percent of the initial Contract Price,
the Employer shall obtain the approval of the President of KOICA.
24.7
(1 )
1 24.2 24.6
.
In case that the unit price of a part of type of Works is prepared by way of the aggregate sum
(hereinafter referred to as the "One-set Unit Price") rather than classified and prepared in terms
of detailed type of Works, the Contract Price shall be adjusted pursuant to Sections 24.2 through
24.6 if the components of the One-set Unit Price have been altered by the change of design
drawings or specifications.
24.8 24.2 24.7
60 .
UNOPS 2015
56
INVITATION TO BID
Schedules

,

.
In case that the Contract Price is adjusted pursuant to Sections 24.2 through 24.7, the Employer
shall adjust the Price Contract within sixty (60) days from the date of the request for such
adjustment. When the delay of the allotment of budget or other adverse situation is expected, the
Employer may extend the adjustment period in consultation with the Contractor. In case of being
allotted insufficient budget enough to adjust the Contract Price, the Employer may pay the
consideration by reducing the volume of Works, etc.
24.9 24.8
.
8
.
If the Employer could find that the Contractor has requested pursuant to Section 24.8 for the
adjustment of the Contract Price improperly, the Employer shall without delay take corrective
measures i.e., demanding necessary modifications. In such a case, the period from the date when
the Contractor is requested of such modifications to the date when the Employer is notified of such
modifications shall not be included in the period as specified in Section 24.8.
25( )
Article 25. Modification and Suspension of Works
25.1 ,
.
.
The Employer may, if necessary, demand the Contractor to change, or add something to, the
Works or to suspend the whole or part of Works in writing. In case that, by doing so, it is deemed
necessary to extend or shorten the Construction Period, or to increase or decrease the Contract
Price, the Employer shall adjust the Contract Price in consultation with the Contractor.
25.2
, ,

.
In case that the Contractor is in violation of the Agreement and GCC, the Employer may order
the Contractor to suspend the Works and to withdraw the Contractor's personnel and employees
from the Site. As for the delay of the Works or other matters arising out of the preceding
incident, the Contractor shall not demand the Employer to extend the Construction Period or
adjustment of the Contract Price.
25.3
.
UNOPS 2015
57
INVITATION TO BID
Schedules

The Contract Price for the Works which have been added by the instruction of the Employer
shall be adjusted subject to consultation between the Employer and the Contractor.
26()
Article 26. Emergency Measures
26.1
.
When it is deemed necessary to prevent casualties during the Construction Period, the
Contractor shall take necessary measures in advance taking advice from the Engineer.
26.2
.
.
The Engineer may demand the Contractor to take emergency measures orally or in writing on
account of preventing casualties or executing the Works. In such a case, the Engineer shall
supplement such oral demand with written formalities.
26.3 26.2 .
3
.
Upon receiving the demand pursuant to Section 26.2, the Contractor shall immediately respond
to it; provided, however, that, at the reluctance of the Contractor, the Employer may have a third
party take emergency measures over the transom at the cost of the Contractor.
27()
Article 27. Delay Damages
27.1 ("" 29 "" .
)
(1000 1) ( )
.
If the Contractor fails to complete the Works until the time for completion stated in the
Agreement (meaning the date of application for the Employer's inspection of completed works
pursuant to Section 29 of GCC. The same shall apply in the following provisions), the Contractor
shall pay the amount in cash, calculated by multiplying the Contract Price by the rate of delay
damages, one (1) in a thousand (1000), as specified in the Agreement, for the number of days
delayed (hereinafter referred to as the "Delay Damages").
27.2 1
1 .
UNOPS 2015
58
INVITATION TO BID
Schedules

When the Employer deems the delay has been caused by any of the followings, the
corresponding days shall be excluded from the days delayed:
1. 34
Force Majeure incidents as prescribed in Section 34 of GCC;
2.

Impossibility to execute the Works because the supply of essential equipment and materials
irreplaceable by the Contractor has been delayed by the events imputable to the Employer;
3.
Delay of commencement of Works or suspension of construction caused by the events
imputable to the Employer; or
4.
Other delays of Works caused by the events undisputable to the Contractor.
27.3 27.1 .
The Employer shall calculate the number of days delayed under Section 27.1 on the following
manner:
1. 29
. , 29.3

( 29 .
) .
When the Contractor has finally submitted the application for the Employer's inspection of
completed works within the Construction Period, the period of time consumed for the inspection of
the Works pursuant to Section 29 of GCC shall not be included in the days delayed; provided
however, that, in case of the corrective measures taken under Section 29.3 of GCC after the
Construction Period, the period from the day of corrective measures to the day when it has finally
passed the inspection on completion (In case that the period of inspection exceeds such period as
prescribed in Section 29 of GCC, such period shall be the maximum. The same shall apply in the
following provisions.) Shall be included in the days delayed.
2.
( )
.
When the Contractor has submitted the application for the Employer's inspection of completed
works past the Construction Period, the period from the next day following the Construction
Period to the day when it has finally passed the inspection on completion (in case of the corrective
measures, the final inspection of completion shall apply) shall be included in the days delayed.
UNOPS 2015
59
INVITATION TO BID
Schedules

27.4 27.1 .
The Employer may set-off the Delay Damages pursuant to Section 27.1 from the consideration of
the Works to be paid to the Contractor.
27.5 32
("" )
.
When the Employer has used a whole or part of the Works pursuant to Section 32 of GCC, the
corresponding portion of price (subject to the calculation method used by the Employer) shall be
deducted from the Contract Price in calculating the Delay Damages.
27.6 6
.
When the Delay Damages arising out of the non-performance of the Contractor have reached the
amount corresponding to the Contract Deposit set forth in Section 6 of GCC, the Employer may
terminate the Agreement and revert such deposit to the Employer.
28( )
Article 28. Extension of Contract Period, etc.
28.1 .
The Contract Period shall be extended as follows:
1. 1 9
.
The Contractor shall, without delay, request to the Employer in writing the extension of the
Contract Period in case that inevitable circumstances of the Host Country or the Force Majeure
events specified in Section 1(j) of GCC takes place during the initial Contract Period;
2. 28.1

.
When the Employer is notified of the request for the extension of the Contract Period stated in
Section 28.1, the Employer shall, as soon as possible, make investigation into such an event and
take such necessary measures as the extension of the Contract Period, etc. to facilitate the
performance of the Construction Works;
3. 28.1 27
.
UNOPS 2015
60
INVITATION TO BID
Schedules

When the Employer approves the extension of the Contract Period stated in Section 28.1, the
Delay Damages set forth in Section 27 of GCC shall not be levied during such extended period;
and
4. 3 .
When the Contract Period is extended pursuant to 28.1(3), the Contract Price shall not be adjusted
accordingly.
29()
Article 29. Inspections
29.1
.
Upon completing the Works, the Contractor shall notify the Employer of the fact in writing e.g.,
by submitting the application for the Employer's inspection of completed works, etc., and request
the necessary inspection thereof.
29.2 29.1 , ,
20
. ,
3 .
When the Employer receives the notification set forth in Section 29.1, the Employer shall,
within twenty (20) days from the receipt of such notification, inspect the performance of the
Works in the presence of the Contractor on the basis of the Agreement, drawings, application for
the Employer's inspection of completed works and other documents; provided, however, that, in
case of Force Majeure, the inspection might be extended during the period of Force Majeure and
three (3) days after its extinction.
29.3 2

. 29.2
.
When the Employer finds the whole or part of performed Works in breach of the Agreement or
in an improper state during the inspection set forth in 29.2, the Employer shall cause the
Contractor to take necessary corrective measures, and thereafter to undergo the inspection again.
In this case, the period as prescribed in Section 29.2 shall begin from the day when the
Contractor notifies the Employer of the Works corrected.
29.4 29.3 27
.
In case that the Construction Period is extended pursuant to Section 29.3, the Employer shall
cause the Delay Damages levied against it pursuant to Section 27 of GCC.
UNOPS 2015
61
INVITATION TO BID
Schedules

29.5 29.2 .
29.3 29.4
.
The Contractor shall attend, and cooperate in, the inspection of the Works pursuant to Section
29.2. Sections 29.3 and 29.4 shall apply mutatis mutandis to the delay which was caused by the
Contractor's rejection to attend or reluctance to cooperate in the inspection.
29.6 .

.
Upon finishing the inspection, the Employer shall, without delay, notify the Contractor of the
result thereof. In such case, the Contractor may request the re-inspection when the Contractor has
an objection to the inspection, and the Employer shall respond to it insofar as there proves to be
justifiable reasons for such re-inspection.
29.7 29.6 , ,
.
When the Contractor is notified of the completion of inspection pursuant to Section 29.6, the
Contractor shall remove immediately all construction facilities, surplus equipment and materials,
wastes and make-shift structures from the Site and keep the Site in order.
30()
Article 30. Taking-over
30.1 29.6
.
After notifying the inspection has been finished pursuant to Section 29.6 of GCC, the Employer
shall issue the taking-over certificate of the Works, and take over the Works upon the request of
taking-over.
30.2 30.1

.
In case that the Contractor requests the Employer to take over the Works, the Employer shall
cause the Contractor to submit the statement at completion with the following items attached
thereto, if deemed necessary in view of the construction size, etc.:
1. (10"15") 5
(a) Five (5) copies of each photograph (10"x15") of the front, back and side of the completed
Works and their original films or digital files thereof;
2. 29 CD 5
UNOPS 2015
62
INVITATION TO BID
Schedules

(b) Five (5) copies of CD taken during the inspections as set forth in Section 29 of GCC; and
3. , ,
(c) The completion report containing the administrative process from the commencement to
completion, participating engineers, participant companies, etc.
31( )
Article 31. Cooperation with Related Works
,
.
In case that there is other related works under progress, the Contractor shall cooperate with best
efforts for the execution of such related works and other jobs for such related works to make progress.
32()
32. Partial Use
32.1
.
Prior to taking over the Works, the Employer may use the whole or part of the Works with the
consent of the Contractor.
32.2 32.1
.
In case of Section 32.1, the Employer shall conduct its duty of care as a good faith administrator
for the Works used by it.
32.3 32.1
.
The Employer shall hold the Contractor harmless and bear corresponding costs in case that such
use as stated in Section 32.1 has caused damages to the Contractor or increased the expenses
incurred by the Contractor.
33()
Article 33. Indemnification
33.1 (""
), 3 ""
.
UNOPS 2015
63
INVITATION TO BID
Schedules

The Contractor shall indemnify the Employer, the Employer's personnel or a third party for all
damages and losses arising out of the Contractor's willful act or negligence (including that of the
Contractor's personnel) in respect of any contracted construction work and the Works.
33.2 33.1 ,"" ""
.
The damages and losses stated in Section 33.1 which has proved to be attributable to the
Employer's willful act or negligence shall be assumed in proportion to the degree of respective
fault subject to the consultation between the Employer and the Contractor.
33.3 ,
3
.
In case that the Contractor's sub-contractor has caused damages and losses to the Employer, the
Employer's personnel or a third party out of its willful act or negligence in respect of any subcontracted construction work and the Works, the Contractor shall indemnify them for such
damages and losses jointly and severally with the sub-contractor.
33.4 9 33.1 33.2
.
In case of the Works insured by the casualty insurance stated in Section 6 of GCC, what has been
assumed by the Contractor or the Employer pursuant to Sections 33.1 and 33.2 shall be the
portion exceeding the amount covered by such casualty insurance.
34()
Article 34. Force Majeure
34.1 29
, .
The damages and losses caused by Force Majeure to the performed part of Works inspected
pursuant to Section 29 of GCC shall be assumed by the Employer, and the other part shall be
assumed subject to the consultation between the Employer and the Contractor.
34.2 34.1
,
.
.
When the damages and losses caused by Force Majeure as stated in Section 34.1 during the
period of executing the Agreement, the Contractor shall without delay give notice to the
Employer of such event. Upon receiving the notice, the Employer shall immediately investigate
such event and confirm the damages and losses before notifying the Contractor of the result
thereof. In this case, the Employer may take the opinion of the Engineer into account.
UNOPS 2015
64
INVITATION TO BID
Schedules

34.3 34.1 54 .
When the consultation stated in Section 34.1 fails to occur, it shall be subject to Section 54 of
GCC.
35()
Article 35. Remedying Defects or Damage
35.1 2
.,

.
The Contractor shall remedy all defects or damage arising out of the Works for two (2) years (in
case of major construction works such as civil construction, five years. Collectively, hereinafter
referred to as the "Period of Maintenance Liability") from the earlier of the day taking over the
whole Works or the day of inspection on completion to the day. In addition, if the occurrence of
such defects or damage, or the request of remedying such defects or damage takes place during
the Period of Maintenance Liability, the Contractor shall remedy such defects or damage at its
own responsibility and cost after the Period of Maintenance Liability expires.
35.2
.
Upon receiving the notice of request to remedy defects or damage, the Contractor shall
immediately remedy such defects or damage, and submit the report to the Employer describing
the causes of such defects or damage and corresponding measures thereof.
35.3
. ,
3
.
When the Employer demand to remedy or repair the defects or damage occurring during the
Period of Maintenance Liability, the Employer shall without delay respond to such demand;
provided, however, that the Employer may remedy or repair such defects or damage directly by
using the maintenance security, or demand the costs incurred by a third party performing the job
on behalf of the Employer.
36()
Article 36. Maintenance Guaranty
36.1 6.1 .
The Contractor shall pay the amount as specified in Section 6.1 of GCC to ensure the remedy or
repair of defects or damage of the Works (hereinafter referred to as the "Maintenance
Guaranty"), amounting to the Contract Price (or the adjusted price in case of adjustment of the
UNOPS 2015
65
INVITATION TO BID
Schedules

initial Contract Price) multiplied by the ratio of maintenance guaranty, in the manner as
prescribed by the Employer.
36.2 35.1
36.1 .
In case that the Contractor would not respond to the demand of the Employer to remedy or repair
as stated in Section 35.1 during the Period of Maintenance Liability, the Maintenance Guaranty
stated in Section 36.1 shall be reverted to the Employer.
36.3 14
.
When the Employer finishes the final inspection at completion within fourteen (14) days from the
expiry date of the Period of Maintenance Liability, the Employer shall issue a certificate of
remedy completion to the Contractor.
36.4 3 .
The responsibility and liability of the Contractor ceases to exist from the date of the certificate of
remedy completion pursuant to Section 36.3.
37( )
Article 37. Approval, consents, permits and Assumption of Costs and Expenses
37.1 ,, ,
.
The costs and expenses, incurred for using waters, electricity, fuel and other utilities, accrued
during the execution of the Works until the date of taking-over certificate shall be assumed by
the Contractor.
37.2
.
The Contractor shall do series of approval, consents, and permit works required from
commencement to completion of buildings and other structures. The administrative expenses
related to such process set forth in the relevant laws of the Host Country shall be borne by the
Contractor at its cost and responsibility.
38( )
Article 38. Ex Post Facto Management, etc.
38.1
.
UNOPS 2015
66
INVITATION TO BID
Schedules

The Contractor shall perform ex post facto management services with best efforts upon the
request of the Employer after the closing of the Period of Maintenance Liability.
38.2 38.1 .
The cost and expenses incurred for the after services shall be borne subject to the agreement
between the Employer and the Contractor.
38.3 36.3
30

.
The Employer may set forth a special condition which requires the Contractor to be liable for the
defects or damage not discovered during the inspection set forth in Section 29 of GCC, when it is
deemed necessary in accordance with the characteristics of the Works and the relevant provisions
of the relevant laws even though the certificate of remedy completion has been issued pursuant to
Section 36.3 of GCC.
39( )
Article 39. Handling of Excavations
39.1
.
All fossils, coins, articles of value and other remains or items of geological or archeological
interest found on the Site shall be treated and disposed of as stated in the relevant laws and
regulations.
39.2 39.1
.
When the Contractor has found such remains or items set forth in Section 39.1, the Contractor
shall give notice immediately to the Employer of the fact, and follow the instruction of the
Employer, and further, in handling such remains or items, take all appropriate precautions to
keep them from damage.
40( )
Article 40. Approval of Sub-Contract, etc.
40.1 3
.
The Contractor shall not delegate or sub-let the whole or part of the Works to a third party
without the prior approval of the Employer.
UNOPS 2015
67
INVITATION TO BID
Schedules

40.2 40.1
.
In case of the sub-let pursuant to Section 40.1, the obligation of the Contractor under the
Agreement shall not be released.
40.3 3

, , ,
.
When the Contractor intends to sub-let the contracted Works to a third party, the Contractor shall
do so subject to the relevant laws and regulations including the framework act on construction
industry and the fair trade act on sub-let transactions of the Republic of Korea and the Host
Country, and comply with the relevant laws and regulations of the Republic of Korea and the
Host Country concerning the election of a sub-contractor, execution and performance of the subcontract, and payment of sub-contract price.
40.4
30

, .
In case that the Employer finds a significantly inappropriate sub-contractor executing the Works,
the Employer may demand in writing the Contractor of the replacement of such a sub-contractor
or the modification of the sub-contract describing the reasons within thirty (30) days from the
date of notifying of such sub-contract or knowing such reasons, and the Contractor shall
immediately respond to such demand.
40.5 , ,
.
In case of sub-let of the Works, The Contractor shall acquire approval from the Employer with
detail of such sub-let before execution of such sub-let contract.
41( )
Article 41. Direct Payment to Sub-Contractor
41.1

.
When the direct payment of sub-contract amount be required, of the sub-contracts executed by
the Contractor, by the relevant laws and regulations including the fair trade act on sub-let
transactions and the framework act on construction industry of Cambodia, the Employer may
make direct payment of the sub-contract amount to the sub-contractor for the portion of the
Works executed by such sub-contractor.
UNOPS 2015
68
INVITATION TO BID
Schedules

41.2 41.1
.
When the Employer has made direct payment of the sub-contract amount to the sub-contractor
pursuant to Section 41.1, the obligation of the Employer to pay the Contract Price to the
Contractor shall be deemed to be discharged to the extent that the Employer has paid to the subcontractor.
42( )
Article 42. Representations and Warranties
.
The Contractor, unless otherwise provided in SCC, hereby represents and warrants that:
1. : "" ( " ")
, .
It was duly established in the eligible country (hereinafter referred to as the "Located Country")
in accordance with the relevant laws and regulations, and has full legal power to enter into and
perform this Agreement and good capacity to do business;
2. : "" ,
.
It has obtained the official approval, consent and permits, if any, from the Located Country as well
as the Host Country, necessary to perform the Construction Works in the Host Country;
3. : ""
.
It has conducted in a sincere manner such administrative process in order to perform this
Agreement including pre-qualification required by the Employer;
4. : ""
.
It has warranted the quality of the Works, and re-construction or refund, if applicable, in case of
the Works with some defects;
5. : "" .
It has guaranteed the Contract Price is not higher than the regular price and the fair market value
usually traded;
6. : ""
"" .
UNOPS 2015
69
INVITATION TO BID
Schedules

It will not pay the expenses to perform its obligations hereunder out of country, which are included
in the Contract Price, and the Contractor shall not demand the additional payment of expenses
hereof;
7. :
.
It shall waiver its sovereign immunity only for this Contract, if it is a state-owned company of the
Host Country.
43()
Article 43. Covenants
.
The Contractor, unless otherwise provided in SCC, hereby covenant to the Employer, to the extent
that this Agreement applies, that:
1. , , : , ,
.
It shall not employ any fraudulent, deceptive and corrupt manner in executing the Works;
2. : 3 .
It shall not make any sub-contract with a third party without prior written consent of the Employer;
3. : , 3
.
It shall not assign its contractual status, rights and obligations to a third party without prior written
consent of the Employer;
4. : .
It shall pay taxes, duties, assessments and governmental charges related with the Works when due;
and
5. :
.
It shall report to the Employer immediately any event or incident that may materially affect the
performance hereof.
44( )
Article 44. Events of Default and Claim for Damages
UNOPS 2015
70
INVITATION TO BID
Schedules

44.1 , ,
"" .
In the event that the Contractor fails to observe or comply with its obligation hereunder including
any representation, warranty or covenant made by the Contractor hereunder, in particular, with
respect to non-bribery and integrity, or meet any reasonable request of the Employer, it shall be
deemed to constitute breach of contract.
44.2 44.1
. ""
"" .
The Contractor shall be liable to the Employer for any loss, actual damages to the Employer
caused by any of the events stated in Section 44.1; provided, however, that the Contractor shall
also be liable to the Employer for special damages, only under special circumstances that it
knew, or would have known, the breach of Contract.
45( )
Article 45. Termination Owing to Contractor's Fault
45.1 1
. , 3 .
The Employer may, without prejudice to any other remedy for breach of Contract, terminate the
whole or part of this Agreement if any of the followings takes place; provided, however, that, in
case of Section 45.1(3), the Employer shall terminate the whole Agreement:
1. 7
The Contractor fails to commence the Works past the commencement date agreed upon;
2.

The Contractor is deemed to fail, or unlikely, to complete the Works within the Construction
Period for the reason imputable to the Contractor;
3. 27.1 (
) ( 100 10 )
The Delay Damages stated in Section 27.1 of GCC have reached the amount equivalent to the
Contract Deposit or ten (10) percent of the Contract Price of this Agreement, or the
corresponding installment of the long-term continuing contract;
4. 2
UNOPS 2015
71
INVITATION TO BID
Schedules

The Contractor fails to conclude the second installment and thereafter of the long-term
continuing contract;
5.
The Contractor has committed bribery or illegal and corrupt practices to hinder the ordinary
management of the contract in performing the Agreement;
6. ,
The suspension of business, cancellation of operation, etc. have been inflicted upon the
Contractor by the authorities concerned;
7. , ,

The Works are deemed to be hardly completed until the date for completion owing to the
composition or court receivership against the Contractor or insolvency attributable to the fault
of the Contractor;
8.
7
The Contractor is responsible for retarded operation and inappropriate execution of work in
breach of this Agreement, and fails to remedy such wrong doings within seven (7) days
notwithstanding the request of the Employer; or
9.
Other breach of the Agreement occurs and the purpose of the Agreement is deemed hardly
attainable because of such breach of the Agreement.
45.2 1
40 .
In case that the Employer terminates this Agreement pursuant to Section 45.1, the Employer shall
notify the Contractor and its sub-contractor stated in Section 40 of GCC of the termination of
hereof.
45.3 45.2 .
Upon receiving the notification pursuant to Section 45.2, the Contractor shall comply with any of
the followings:
1. .
The Contractor shall stop executing the Works immediately, and remove all the materials and
equipment from the Site;
UNOPS 2015
72
INVITATION TO BID
Schedules

2. .
.
The Contractor shall return the goods lent from the Employer. In case that such goods are
destroyed or damaged owing to the willful act or negligence of the Contractor, the goods shall
be recovered to the original state or the Employer shall be compensated by appropriate
damages;
3.
.
,
.
The remaining materials out of the materials supplied by the Employer, after being used in the
portion taken over as performed part of the Works, shall be returned to the Employer. In case
that the pertinent materials are destroyed or damaged owing to the willful act or negligence of
the Contractor, or they are used in the portion which is not taken over as performed part of the
Works, the materials shall be restituted to the original status or the Employer shall be
compensated by appropriate damages;
4. , ,
.
The Contractor shall provide all material, information and convenience to the Employer, and the
information and other data lent from the Contractor shall be immediately returned to the
Employer.
45.4 45.1
.
45.4 When the Employer has terminated the Agreement pursuant to Section 45.1, the Contract
Deposit shall be reverted to the Employer.
45.5 45.1
.
In case that the damages arising out of the termination of the Agreement pursuant to Section 45.1
exceed the Contract Deposit, the Employer may claim for the damages for the excessive portion.
45.6 45.1
.
In case that the Agreement has been terminated pursuant to Section 45.1, the Employer shall
without delay settle the contract amount with the Contractor for the portion performed until the
day of notification of such termination;
45.7 45.1

. . , 41.1

.
UNOPS 2015
73
INVITATION TO BID
Schedules

In case that the Agreement has been terminated pursuant to Section 45.1, the remainder unsettled
from the advance payment, if any, shall be returned to the Employer with the contractual interest
equivalence added thereon. In this case, the Employer may set off such remainder to be returned,
with the price of the performed portion of the Works; provided, however, that the remainder from
the direct payment of the sub-contract price stated in Section 41.1 of GCC may be set off with
such price of the performed portion of the Works.
46( )
Article 46. Termination Owing to Change of Circumstances
46.1 45.1
.
The Employer may terminate the Agreement when apparently unavoidable situation takes place apart
from the cases stated in Sections 45.1(a) through 45.1(i).
46.2 46.1
45.3 14
. 7 .
In case that the Employer terminates the Agreement pursuant to Section 46.1, the Employer shall
pay the amount specified in any of the followings to the Contractor within fourteen (14) days
after completing the job set forth in Section 45.3 of GCC: In such a case, the Contract Deposit
stated in Section 7 of GCC shall be returned at the same time.
1. 34
The unpaid amount of the price of performed portion of the Works, which has been caused by
Force Majeure set forth in Section 34 of GCC; or
2.

The expenses for the withdrawal of laborers, materials and equipment which have been put into
the Site prior to such termination so as to complete the whole Works.
46.3 .
.
The Contractor shall return the unsettled remainder of the advance payment, if any, to the
Employer. In this case, the interest on such unsettled remainder shall not be added thereon.
47( )
Article 47. Termination by Contractor
47.1 1
UNOPS 2015
74
INVITATION TO BID
Schedules

.
The Contractor may terminate the Agreement in any of the following cases:
1. 18 100 40
More than forty (40) percent of the Contract price has been reduced owing to the modification of
the Works pursuant to Section 18 of GCC; or
2. 48 100 100
The period of suspension of the Works pursuant to Section 48 of GCC exceeds one hundred (100)
percent of the Construction Period.
47.2 47.1 45.3 46.3
.
Section 45.3 and 46.3 of GCC shall apply mutatis mutandis to where the Agreement shall be
terminated pursuant to Section 47.1.
48( )
Article 48. Temporary Suspension of Construction
48.1 .
.
The Engineer may suspend the construction of the whole or part of the Works in any of the following
cases; provided, however, that the Contractor shall exert its duty of care as a sincere administrator:
1.
The execution of the Works is not in conformity to the Agreement;
2.
The suspension of the Construction Works is necessary for the safety of the whole or part of
thereof;
3. 26
The emergency measures are taken pursuant to Section 26 of GCC; or
4.
Other cases where the Employer has instructed the suspension out of its necessity.
UNOPS 2015
75
INVITATION TO BID
Schedules

48.2 48.1
.
In case that the Engineer has suspended the construction pursuant to Section 48.1, the Engineer shall
without delay notify the Contractor and the Employer of the reason for such suspension and the
suspension period.
48.3 48.1
. , .
When the construction is suspended pursuant to Section 48.1, the Contractor shall not require the
extension of the Construction Period or the increase of the Contract Price; provided, however, that the
same shall not apply where such suspension was not caused by the reason imputable to the Contractor.
49( )
Article 49. Suspension of Construction by Contractor, etc.
49.1
.
In case that the Employer fails to comply with the obligations under the Agreement as set forth in
Contract Documents, etc., the Contractor may request the Employer to perform such obligations in
writing.
49.2 49.1 14
.
The Employer shall notify the Contractor of the performance plan in writing within fourteen (14) days
from the date of such request stated in Section 49.1.
49.3 49.2

.
In case that the Employer fails to give notice within the period prescribed in Section 49.2, or rejects to
perform such obligations under the Agreement, the Contractor may suspend the whole or part of the
Works from the day when the prescribed period expires or when the Employer rejects to perform such
obligations.
49.4 49.3 29
.
The Employer shall extend the Construction Period pursuant to Section 28 of GCC in respect of the
suspended period stated in Section 49.3.
50( )
Article 50. Inconsistent Construction
UNOPS 2015
76
INVITATION TO BID
Schedules

50.1
, .
.
In case that a part of the Works executed by the Contractor is deemed inconsistent with the drawing
documents, the Employer may require the Contractor to remedy such part of the Works, and the
Contractor shall without delay respond to it. In this case, the Contractor shall not require the increase
of the Contract Price or the extension of the Construction Period.
20.2
,
.
The Contractor shall consult with the Employer after examining sufficiently the drawing documents
and instructions of the Employer prior to executing the Works lest any defective Works should take
place. Any expenses and losses arising out of the failure to take necessary measure or to perform the
duty of care as for a constructor shall be borne by the Contractor.
51 ( )
Article 51. Intellectual Property Rights and Confidentiality
51.1 ( )
, 3
. 45 47
.
Unless otherwise agreed upon by both parties, the materials and reports which the Contractor
submitted to the Employer(including Intellectual Property Right thereof) shall belong to the
ownership of the Employer, and the Contractor shall not provide them to a third party nor use for
other purposes without prior consent of the Employer. The same shall apply where this Agreement
has been terminated pursuant to Section 45, 46, 47 of GCC.
51.2 ,
3 .
The Contractor shall keep confidential the trade secret and know-how acquired in the course of
performing this Agreement, and shall not provide them to a third party without prior consent of the
Employer.
52 ( )
Article 52. Severability and No Waiver
52.1 .
In case that any one or more of the provisions contained herein turns out invalid or cancelled, the
remaining provisions hereof shall in no way affected thereby.
UNOPS 2015
77
INVITATION TO BID
Schedules

52.2 ""
.
No delay or omission by the Employer in exercising any of its rights hereunder shall operate or be
construed as a waiver thereof, the rights and remedies set forth herein shall be cumulative in
exercising them.
53 ()
Article 53. Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of
Korea.
54( )
Article 54. Dispute Resolution
54.1
[7] .
In case that any dispute occurs out of this Agreement, only if each party notifies the other party in
writing of the dispute within seven (7) days from the day when it is aware of such occurrence, such
notification shall be regarded as effective.
54.2
.
Any dispute arising out of this Agreement shall be settled amicably in good faith by means of
consultation between both parties.
54.3 30
," , ,
.
.
If any agreement is seldom reached by both parties within thirty (30) days from the occurrence of the
dispute, such dispute and differences shall be settled, as elected by the Employer, either by the
litigation before the Seoul Central District Court, or by the Korean Commercial Arbitration Board in
Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration Board
and under the Korean laws. In the latter case, the arbitral award shall be final and binding upon both
parties.
55( )
UNOPS 2015
78
INVITATION TO BID
Schedules

Article 55. Information related with Construction

.
When it is deemed necessary by the Employer, the Employer may require the Contractor to submit the
unit price list with which the price schedules of construction cost has been prepared, and the
Contractor shall respond to it.
56( )
Article 56. Observance of Pre-Qualification Matters
56.1
.
In executing the Works, the Contractor shall perform thoroughly the matters set forth in the evaluation
list of pre-qualification criteria as submitted at the time of pre-qualification.
56.2 56.1 ,
.
The Employer shall investigate from time to time how the Contractor has perform such matters as
stated in Section 56.1, and, if not, the Employer shall take measures immediately to correct such nonperformance.
56-1( )
Article 56-1 Execution of Quality of Construction Matters
,
( , )
.
In the execution of the Works the Contractor shall cooperate to the maximum in order to meet quality
of Construction Works. The Construction Works shall be based upon the Contract and all documents
(SCC and project execution plan, etc.) that accrete with it.
57( )
Article 57. Handling of Civil Petitions
57.1
.
The Contractor shall exert best efforts for the safety of the Works in performing this Agreement, and
prevent any friction with neighboring inhabitants lest all kind of civil petitions should take place.
UNOPS 2015
79
INVITATION TO BID
Schedules

57.2
, .
The Contractor shall process promptly civil petitions in respect of the Works lest they should affect
the progress of construction works, and the Contractor shall be liable for and assume the expenses
incurred in doing so.
57.3 57.2 .
The Contractor shall not request the extension of the Construction Period in relation to Section 57.2.
58( )
Article 58. Disposal of Waste

.
Any waste arising out of the Site shall be disposed at the cost and responsibility of the Contractor in
accordance with the relevant laws and regulations of the Host Country.
59( )
Article 59. Compliance of Law

.
The Employer and the Contractor shall comply with the relevant laws and regulations, including the
framework act on construction, of the Republic of Korea and the Host Country in the course of
executing the Works and performing the Agreement.
60( )
Article 60. Contractor's Responsibility and Obligation
60.1
,

.
The Contractor's responsibility and obligation under this Agreement shall not be released even though
the Contractor has been subject to the civil or penal punishment owing to the violation of the
Agreement or relevant laws. In case that any judiciary sanctions inflicted on the Contractor owing to
its violation with fault of relevant laws of the Host Country has resulted in the delay of completion of
the Works, the Contractor shall helplessly pay the Delay Damages to the Employer.
60.2 ,
,
UNOPS 2015
80
INVITATION TO BID
Schedules

.
The Contractor shall indemnify and hold harmless the Employer against all the matters arising out of
claims, liabilities and construction troubles, which accrued prior to the execution of this Agreement in
no relation to the current Works, and shall not raise any objection to it.
61()
Article 61. Special Agreement

.
Unless otherwise set forth in this Agreement, the Employer and the Contractor may agrees to establish
special provisions.
62()
Article 62. Miscellaneous
62.1 35 1
.
This Agreement shall become effective from the Effective Date to the end of the Period of
Maintenance Liability specified in Section 35.1 of GCC.
62.2
.
Other matters which have not been expressly set forth in this Agreement shall be determined
subject to mutual consultations in accordance with the relevant laws and regulations, and
commercial practices.
1
SPECIAL CONDITION OF CONTRACT - A
UNOPS 2015
81
INVITATION TO BID
Schedules

1()
Article 1. Purpose
,
( ) .
SCC shall supplement GCC with the specific provisions in GCC referred to an amended accordingly.
The SCC provisions shall prevail over those in GCC and constitute a part of this Agreement.
2 ()
Article 2. Contract Period
2.1 1 8
00 [2016] [00] [00] .
The Contract Period as defined in Section 1(h) of GCC shall be from the Effective Date to mm dd,
20yy.
3 ()
Article 3. Contract price
3.1 0,000,000.00 USD .
The Contract Price is currency USD0,000,000.00.
3.2
.
, ,
.
This Project doesnt include VAT. The Employer shall cooperate for the Contactor to be exempted
from taxes including value added tax imposed under Cambodias laws and regulations in context of
this contract. Even though the Contractor is not granted with the tax exemption, the Contractor shall
not demand the Employer to reimburse any expenses incurred in relation to the taxes.
3.3
.
The Employer shall have no payment responsibility for VAT incurred associated with this Contract in
Republic of Korea
4( )
Article 4. Payment of Contract Price for the Performed Portion
UNOPS 2015
82
INVITATION TO BID
Schedules

4.1 2 29
,
, 15
.
The Contractor may request the inspection of the performed portion of the Works every two (2)
months from the commencement date to the final inspection date stated in Section 29 of GCC, and,
upon the inspection without delay, the Employer shall notify the Contractor of the inspection result. If
there is no notification within fifteen (15) days, it is regarded as passing the inspection.
4.2 20
. ,
20 .
The Employer shall confirm the price for the performed portion of the Works subject to the inspection
within twenty (20) days from the inspection date, and pay it to the Contractor; provided, however,
that, upon the request of the Contractor of such payment after the inspection date, the Employer shall
make such payment within twenty (20) days from the date of request.
4.3 1
.
2 .
When any difference or discrepancy between the requested particulars and the inspection is found, the
Employer shall require the correction thereof describing the ground for correction. In this case, the
period of time consumed for such correction shall not be included in the period specified in Section
3.2.
4.4 . ,
24 1 2 .
The price of the performed portion of the Works shall be calculated on the basis of unit price and paid
accordingly; provided, however, that, in the absence of unit price, it shall be subject to the unit price
based upon the provisions of Sections 24.1 and 24.2 of GCC.
4.5
3
.
When it is impossible to pay the price owing to Force Majeure, the payment of the price may be
extended to three (3) days after the duration of Force Majeure and the extinction of such situation.
5( )
Article 5. Payment of the Completed Contract Price
5.1 29 ,
, ,
.
UNOPS 2015
83
INVITATION TO BID
Schedules

After passing the inspection on completion conducted by the Employer stated in Section 29 of GCC,
the Contractor shall keep the Site in order immediately by removing and withdrawing surplus
materials, waste, makeshift structures, etc., and may demand the payment of the unsettled Contract
Price by submitting the Maintenance Security.
5.2 1 20
. 20
.
Upon the receipt of the demand stated in Section 4.1, the Employer shall pay the amount within
twenty (20) days from the date of such demand. In this case, a special agreement between both parties
may prolong the period for payment of the Contract Price to the extent that such period shall not
exceed twenty (20) days.
5.3
3
.
When it is impossible to pay the price owing to Force Majeure, the payment of the price may be
extended to three (3) days after the duration of Force Majeure and the extinction of such situation.
5.4 1
.
2
.
When the Employer has found inappropriateness in the whole or part of demand for price stated in
Section 5.1, the Employer may return the demand by describing the ground for return. In this case, the
period of time from the date of return to the date of re-demand shall not be included in the period
specified in Section 5.2.
6()
Article 6. Advance Payment
6.1 "" ,
. , .
In order to facilitate the execution of the Works, the Employer may make advance payment in
accordance with the Advance Payment Standards of KOICA; provided, however, in such a case, that
the submission of advance payment-related guarantee bond is required.
6.2
.
The Employer may request detail use of advance payment and the Contractor shall prepare and
submit evidence documents.
6.3 ,
UNOPS 2015
84
INVITATION TO BID
Schedules

. ,
.
The Contractor shall use advance payment exclusively for the Construction. In case of sub-contract
such advance payment shall be paid to sub-contractor under the same terms; provided, however,
special reason may cause exemption of advance payment with the Employers approval.
7( )
Article 7. Interest on the Delayed Payment of Price
7.1 1 4 5

( )

.
In case that, upon receiving the demand for price, it is impossible to pay the appropriate price until
the payment date stated in Sections 4 and 5 of SCC - A, the Employer shall pay the amount as
interest, calculated from the number of days from the next day past due to the day of payment
(hereinafter referred to as the "Delayed Number of Days") by multiplying the default interest rate
on the unpaid price applied by Korean banks for general purpose loans.
7.2
.
The number of days when the inspection on completion or the payment of price is delayed owing to
Force Majeure shall not be included in the Delayed Number of Days.
8()
Article 8. Prior Check and Examination
(, ),
( )
.
The Contractor shall, on its sole responsibility, understand the legal matters, including the
construction act and land use-related laws, etc., and technical matters like construction environment
on the Site in the Host Country, and process the necessary matters for proper performance of this
Agreement.
9( )
Article 9. Insurance and Casualty Liability
14
UNOPS 2015
85
INVITATION TO BID
Schedules

.
In case of subscribing casualty insurance for work forces to execute this Contract based upon Section
14 of GCC, liability limit is based upon national standard;
A. Casualty/death liability limit: KRW 300,000,000
B. Desease liability limit: KRW 200,000,000
C. Special expense liability limit: KRW 10,000,000
10( )
Article 10. Use of Patent
3
.
In case that a particular method of construction using a patent right or other intellectual property
rights of a third party is employed, the Contractor shall be solely responsible for the use of such
intellectual property rights.
11()
Article 11. Execution of Integrity
, , ,
"" ,
, .
Under mutual trust with the Employer, The Contractor shall neither commit unfair action in
the process of bidding, acceptance, contract, and execution of the contract, nor provide
unjustifiable bribry and/or feast. The Contractor agrees to bear disbenefit such as cancellation
of the Contract in case of violation of this intergrity provision.
2
SPECIAL CONDITION OF CONTRACT - B
1( )
Article 1. Submission and approval of Construction related data
1.1 ( )
, , ,
(shop drawing) ,
, .
Client representative will strictly adhere to the quality requirement of the project to be built
as shown in the drawing and other design document. Resident engineer will stay on site and
carry out the site supervision for all aspect of the construction in respect of the material,
UNOPS 2015
86
INVITATION TO BID
Schedules

workmanship, safety precaution and others. All the data and shop drawings mentioned in the
specification shall be submitted and be approved.
1.2
.
The Contractors failure to submit requested documents shall be subject to release and /or
termination of the contract.
2( )
Article 2. Residency of key work staff by process
, , , , ,

.
The key staff of the project such as project manager, planning manager, quality control
engineer, safety staff, electrical engineer, and mechanical engineer shall stay on site during
the relevant construction work in progress as suggested in technical evaluation.
3( )
Article 3. Quality Assurance of materials
3.1 , ,
(Korean Standard) , (
) .
The material or equipment to be used, and the construction method or workmanship to be

applied in the project shall comply with Korean Standard(KS), or Regulations, or Codes of
the Republic of Korea, as far as they are not detrimental to social and climatic conditions of
Cambodia.
3.2 ASTM, BS, JIS,
( ) .
The items specified with reference to other country standard such as ASTM, BS, JIS and
other International Codes in the technical specification may be put to use to the project as
specified.
3.3
.
The formwork material delivered to site shall be new product.
UNOPS 2015
87
INVITATION TO BID
Schedules

3.4 2
.
The air conditioning equipment and elevator shall be Korean products with good quality or
other products of equal quality including the 2 year guaranty and maintenance.
4( )
Article 4. Securement of additional materials

, .
(Equipment)
2 ,
5% .
For repair and maintenance of buildings The Contractor shall provide additional materials
requested by specifications. In case specifications or work detail does not explicitely mention
of quantity for buildings and equipments, the Contractor shall provide recommended quantity
to cover repair and maintenance for two (2) years, and provide additional five (5) percent of
finishing materials for following:
1. Floor & wall ceramic/mosaic tile (Per pattern and color)
2. Ceiling tile (Per type)
3. Hardware set (Per type)
4. (,,)
Other agreed upon items including construction, mechanical, electrical ones for required for proper
building repair and maintenance.
5( )
Article 5. Observance and cooperation of hospital regulation

,
, , , , ,
.
.
While performing construction and running work site at hospital area, The Contractor shall take care
of noise, vibration, traffic, safety, and environmental matters in order to aide ordinary hospital
operation. In case of hospitals request or deemed to be necessary, the Contractor shall thoroughly
cooperate with hospital authorities.
6()
Article 6. Demolition
UNOPS 2015
88
INVITATION TO BID
Schedules

.
Existing building shall be completely removed by the Contractor.
7( )
Article 7. Safety Management
HSE
, .
The Contractor shall record safety management expense as a separate item, use, and submit in
accordance with HSE. The Contractor shall submit detail use of it at times of requesting payment for
performed portion of Works.
8( )
Article 8. Additional matters for submittance of completion documents
8.1 .
The contractor shall prepare repair and maintenance manual, get approval, and submit to the
Employer.
8.2 As-Built .
The Contractor shall submit the Employer As-Builr drawangs prior to completion.
9( )
Article 9. Addendum to material use

9.1
.
Concrete slab under sandwich panels shall be treated for waterproof by applying asphalt
primer and other means.
9.2 600x600 .
The dimension of ceramic tiles for floors and walls shall be 600x600.
10()
Article 10. Miscellaneous

10.1 25 .
The Contractor shall provide the Engineer an office more than 25.
10.2 , ,
UNOPS 2015
89
INVITATION TO BID
Schedules

,
.
The Contractor shall prepare an office equipped with desks, chairs, bookcases, notebook with internet
accessability. A process status board that indicates monthly process status shall be established on one
side of the office wall.
10.3 .
The temporary office shall be removed upon completion of this Work.
10.4 ,
.
The Contractor shall provide the Engineer temporary office at the Contractors expense by
the time above mentioned office is ready.
11( )
Article 11. Execution of Technical evaluation proposal

, . ,

.
The Contractor shall surely execuse technical proposal submitted at times of bidding for
selection of the Contractor. Nonexecution of such proposal may cause release or cancellation
of the Contract; provided, however, changes due to certain circumstances and request of the
Engineer may be applied after approval with documenting such changes.
12( )
Article 12 Betterment of Work site

12.1 ,
() , 3.0 m .
The Contractor shall establish fence not lower than 3.0m along with marginal line Work site for safety
and betterment of view.
12.2 , ,
, .
The Contractor shall prepare and execute betterment idea for established fence to get
harmony with surroundings. The Contractor shall get consultation from the Employer for
such matters.
UNOPS 2015
90

ITB - Lump - Sum - Contract KOICA Final

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

ITB - Lump - Sum - Contract KOICA Final

Încărcat de

Drepturi de autor:

Formate disponibile

Construction of Cambodia Korea Friendship BLDG of the National Paediatric Hospital

Phnom Penh, Cambodia

Operational excellence for results that matter

Form of Bid Security

Lump Sum Contract Price and Schedule for Variations and

Key Personnel Interview

Proposed Sub Contractors and Suppliers

KOICA INTERNATIONAL CONSTRUCTION CONTRACT

Operational excellence for results that matter

This Invitation Letter;

Operational excellence for results that matter

: RC. Steel system

BUILDING SCALE : 4 story (1 story extension), 1 building new

All correspondence, notifications and requests for clarification in relation

Bidders Eligibility to tender for the Cambodia Korea Friendship

Operational excellence for results that matter

24 hours before the Deadline for Submission of Bids.

A clarification meeting shall be held as follows:

A group site inspection shall be held as follows:

Bid validity period

Alternative bids will NOT be evaluated.

Prices shall be quoted in USD.

Duties and Taxes

All bids shall be submitted net of any direct taxes.

All bids, information, documents and correspondence exchanged

Operational excellence for results that matter

Bids must be submitted as follows:

All bids must be submitted by 12:00 pm (noon) (Phnom Penh,

Bids will be opened at 13:00 on 11 December at UNOPS, Cambodia.

Operational excellence for results that matter

INFORMATION FOR BIDDERS

INTERPRETATION OF THE ITB

AMENDMENTS TO THE ITB

Pre-qualified bidders may be a private, public or government-owned legal entity or any

has been suspended or declared ineligible by UNOPS or any other entity of

Operational excellence for results that matter

has not attended a mandatory site inspection or mandatory clarification

BIDDERS RESPONSIBILITY TO INFORM THEMSELVES &

verify all relevant representations, statements and information, including

fully inform and satisfy themselves as to requirements of any relevant

Operational excellence for results that matter

KOICA INTERNATIONAL CONTSTRUCTION CONTRACT

CLARIFICATION OF THE ITB

Operational excellence for results that matter

arranging for and wearing personal protective equipment, including at a

loss of or damage to any real or personal property;

personal injury, disease or illness to, or death of, any person;

transportation by UNOPS to the site (if provided) as a result of any accidents

CONTENT OF BID SUBMISSIONS

REMUNERATION FOR AND COSTS OF BIDS

Operational excellence for results that matter

clarifications and addenda are provided or not provided to bidders;

a bidder is not selected or not engaged to carry out the works;

UNOPS elects not to proceed with the ITB in whole or in part; or

UNOPS exercises any rights under the ITB.

BID VALIDITY PERIOD

All bids will be rejected if no indication is provided as to which bid is the

Operational excellence for results that matter

if the bidder fails to furnish a performance security in accordance with the

DUTIES AND TAXES

Operational excellence for results that matter

A bid shall contain no interlineations, erasures, or overwriting. If necessary to correct errors

DEADLINE FOR SUBMISSION OF BIDS