FAO - SOMALIA OFFICE  
PROJECT: OSRO/SOM/818/SWE  
 
INVITATION TO BID  
21 October 2020
 
TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
CLOSING DATE: 12:00 hrs, Noon, Nairobi Time on 11 November 2020
 

The Food and Agriculture Organization of the United Nations (“FAO” or “Organization”) is an
intergovernmental organization with more than 194 member countries. Since its inception, FAO has worked
to alleviate poverty and hunger by promoting agricultural development, improved nutrition and the pursuit of
food security always defined as the access of all people to the food they need for an active and healthy life.
 
To achieve its goals, FAO cooperates with thousands of partners worldwide, from farmers’ groups to traders,
from non-governmental organizations to other UN agencies, from development banks to agribusiness firms
(further and more detailed information on FAO can be found on the internet site: http://www.fao.org).
 
In preparing your bid, you should consider the international status and activities of FAO by submitting your
best commercial terms. You should also be aware that FAO enjoys certain privileges and immunities which
include exemption from payment of Value Added Tax ("VAT" or "IVA"), customs duties and importation
restrictions.
 
FAO intends to award a Contract for works, specifically:
 
“Rehabilitation of Weydow Primary Irrigation Canal in Middle Shabelle – Hirshabele, Somalia”
 
You are hereby invited to submit your best offer in connection with the award of such works.
 
The following procedures have been established by this Organization for the award of this Agreement:
 
1. Procedures
 
1.1 You are invited to submit an offer for the above-mentioned works. A description of the requested works
is provided in Annex I of the enclosed draft Contract.
 
1.2 To qualify for award of contract, a bidder shall meet the following minimum qualifying requirements:
 Legal registration in Somalia.
 Experience over the last three years as a contractor in the construction of at least one construction
project of the nature and complexity equivalent to the Works, to employer’s satisfaction. In lieu of
one construction project, cumulative concurrent projects of similar nature and complexity
equivalent to the value of the Works will be considered.
 Adequate capacity to execute the required Works in terms of technical staff and equipment (as per
the minimum acceptable levels defined in Appendix 2 and Appendix 3 to Annex I of the Contract).
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
1.3 In submitting your offer you are supposed to have considered all aspects relevant to the performance of the
proposed contract and to have obtained all necessary information and data as to risks, contingencies and
other circumstances which may influence or affect your offer.
 
1.4 The BOQs are in two (2) lots according to the sites:
 
i) LOT 1: - CANAL EXCAVATION & ALIGNMENT (Chainage 0 - 14.15kM).
ii) LOT 2: CANAL ACCESSORIES.
 
Bidders can quote for one or both lots but after evaluation and ranking by lot, contract award for one or
more lots will depend on bidder’s qualifications and capacity to execute the required works under this
tender measured based on the minimum qualification requirements.
 
1.5 It is understood that all documents, calculations, etc. which may form part of your offer will become the
property of the Organization, who will not be required to return them to your firm.
 
1.6 The Organization may decide to make a partial award or no award at all should it consider that the results
of this tender and/or any other related circumstance so require.
 
1.7 FAO shall have no obligation to purchase any minimum quantities of goods or services from the
Contractor, and shall have no limitation on its right to obtain goods or services of the same kind, quality
and quantity as described in Annex I from any other source at any time.
 
1.8 All costs incurred to prepare your bid have to be borne by you; FAO will not be liable to reimburse any or
all such cost.
 
1.9 The Organization reserves the right to publish the details of awards, including contractor name and
country, total Contract value and a brief description of the services. In all cases, unsuccessful bidders will
be notified.
 
1.10 Registration as a vendor in the UN Global Marketplace (UNGM), www.ungm.org, is a prerequisite for
receiving an award from FAO. Please register your firm with UNGM. If your firm is not registered, by
submitting an offer, you authorize FAO to register your firm in UNGM on your behalf.
 

1.11 The Organization has adopted a zero-tolerance approach to fraud, and it prohibits firms from engaging in
corrupt, fraudulent, collusive, coercive, unethical and obstructive practices when participating in
procurement activities. As provided by the Vendor Sanctions Procedures
(http://www.fao.org/fileadmin/user_upload/procurement/docs/FAO_Vendors_Sanctions_Policy_-
_Procedures.pdf), if the Organization determines that a firm has engaged in such conduct, it will impose
sanctions and may share information on sanctioned firms with other Intergovernmental or UN
Organizations.
   TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
 
1.12 A firm and its affiliates, agents and subcontractors should not be suspended, debarred, or otherwise
identified as ineligible by any Intergovernmental or UN Organization, including any organization within
the World Bank Group or any multi-lateral development bank, or by the institutions and bodies of
economic integration organizations (e.g., the European Union). You are therefore required to disclose
to the Organization whether your firm, or any of your affiliates, agents or subcontractors, is subject to
any sanction or temporary suspension imposed by any such organization or National Authority at any
time during the three years prior to the contract or at any time throughout the execution of the contract.
You acknowledge that a breach of this provision will entitle FAO to terminate its contract with your
firm, without any liability for termination charges or any other liability of any kind of FAO, and that
material misrepresentations on your status constitute a fraudulent practice.
 
1.13 Bidders must certify that their firm is not associated, directly or indirectly, with entities or individuals
(i) that are associated with terrorism, as in the list maintained by the Security Council Committee
established pursuant to its Resolutions 1267 (1999) and 1989 (2011), or (ii) that are the subject of
sanctions or other enforcement measures promulgated by the United Nations Security Council. Selected
bidders also agree to undertake all reasonable efforts to ensure that none of the funds received from FAO
under the awarded contract are used to provide support to individuals or entities associated with
terrorism or that are the subject of Security Council sanctions. This provision must be included in any
subcontracts, sub-agreements or assignments entered under the awarded contract. The Bidder
acknowledges and agrees that this provision is an essential term of the awarded contract and any breach
of these obligations and warranties shall entitle FAO to terminate the Contract immediately upon notice
to the Contractor, without any liability for termination charges or any liability of any kind of FAO.

1.14 Bidders must certify that their company and/or subcontractors are not associated, directly or indirectly,
with the consultant or any other entity who prepared the terms of reference or other bidding documents
for this tender; please note that Bidders who use an independent consultant to assist in the preparation
of offers may risk engaging in unacceptable practices if the same consultant assists another Bidder to
prepare an offer for the same tender. Bidders are reminded that they are fully responsible for the conduct
of any consultant who may be used to prepare offers for FAO tenders and they should take all measures
to ensure that any independent consultant engaged to assist in the preparation of an offer for an FAO
tender has not and will not be involved in the preparation of an offer for another Bidder for the same
tender process.
 
Bidders are kindly requested to disclose to the best of their knowledge whether their company has
any personal or professional relationships with FAO. The disclosure shall include all relevant details
and should include, but not be limited to:
- ANY current or past employment relationship with FAO of your company's representatives and
employees.
- ANY current or past relationship with any FAO staff member (family members, spouses, etc.)
of your company's representatives and employees.
 
1.15 Fairness and transparency are fundamental principles for FAO procurement activities. Firms that believe that
the procurement process was not fair and transparent may request feedback from the office that issued the
tender. If a satisfactory response is not received, a firm may present a protest following the bid protest
procedures detailed in the following link: http://www.fao.org/unfao/procurement/codedeconduit
ethique/protests/en/. To report allegations of fraud or misconduct in the procurement process, bidders may
submit information, also anonymously, to the Office of the Inspector General
Hotline:http://www.fao.org/aud/69204/en/.

 
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
2. Documents Enclosed
 
To facilitate preparing your Bid the following documents are enclosed:
 
2.1 The "Bid Summary" form, to be used for submitting your Bid. 
 
2.2 The “Site Visit Statement” certifying that the Bidder inspected the site of works (see paragraph 3.3 (g)
below.
 
2.3 The Contract this Organization intends to award consisting of the Sections I and II and the Annexes I
through IX, of which Annex I contains the "Statement of Works, Services and Specifications”,
including its appendices 1 (drawings), 2 (personnel requirements) and 3 (minimum equipment
requirements).
 
3. Documents to be Submitted
 
Your Bid should consist of the following clearly identified items:
 
3.1 The duly completed "Bid Summary" mentioned in paragraph 2.1 above, using the form enclosed herewith
or copies of such form, along with the Mandatory Documents set out below in para. 3.3 (a) to (g).
 
3.2 The duly completed Annex II of the enclosed draft contract (Bill of Quantities and Contract Costs) indicating
the prices. Bidders shall fill in the rates and prices for all items of the Works described in Annex I
(Statement of Works and Specifications) and listed in the Bill of Quantities. Items for which no rate or
price is entered by the bidder will not be paid for by the Organization when executed and shall be deemed
covered by the other rates and prices in the Priced Bill of Quantities.
 
3.3 Mandatory Documents: Documents Demonstrating Compliance with the Minimum Qualifying
Requirements Listed in Article 1.2 above.
 
Bidders are required to fulfill the following mandatory requirements. Failure to provide required
information/documents will result in the disqualification of the bidder from the tender evaluation
process.
 
(a) Copy of Certificate of Legal Registration in Somalia.

(b) List of contracts for execution of works of a similar nature and comparable value to the Works or of a higher
value executed by the bidder during the last three (3) years, and a statement of the value of each contract and the
name and address of the employer in each case.
 
(c) List of works contracts currently being executed by the bidder and works contracts which bidder is
committed to execute, but not yet commenced, including the value of each contract and the equivalent thereof
in US$ and the name and address of the employer in each case.
 
(d) List of qualified civil engineers and technicians currently employed by the bidder’s company including
their respective specialization and years of professional experience. Please indicate who of them will be
involved in the execution of the Works in consideration of the minimum requirements (per lot) determined
in Appendix 2 to Annex I of the Contract.

(e) List of major items of equipment which the bidder will make available for the execution of the
Works in consideration of the minimum requirements determined in Appendix 3 to Annex I of the
Contract (per lot), and information whether such equipment is owned by the bidder or will be purchased,
leased or hired.

 
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
(f) The Bidder shall submit a statement duly signed, certifying that the Bidder inspected the site of works and
obtained all necessary information related to risks, contingencies and other circumstances, which might
influence or affect the execution of the works. The Site Visit Statement form is attached to this Letter of
Invitation as detailed in paragraph 2.2 above.
 
4. Evaluation
 
The Bids received will be evaluated against the mandatory requirements. Pass/Fail methodology will be used
to evaluate each one of the mandatory requirements. Failure to comply with any of the mandatory requirements
will result in disqualification of the bid. FAO further reserves the right to consider, and disqualify firms based
on, documented prior poor performance, including but not limited to poor quality of goods or services
provided, late delivery and unsatisfactory performance. The contract will be awarded to the most competitive
offer that complies with the technical specifications as laid out by the mandatory requirements.
 
5. Completeness of Bid
 
Bids will only be considered if they contain all the above information and documents and observe the
provisions of the enclosed sample contract as otherwise it will not be possible to evaluate them on an equal
basis. Since this Organization is not allowed to sign contracts which do not specify its maximum financial
liability, proposals which do not allow us to calculate such liability may be rejected.
 
6. Participation by the Organization
 
You are invited to visit the site at your own costs and should examine carefully the nature and extent of the
participation in the contract performance by the Organization as set out in Annex II of the enclosed contract
since such contract assumes that all other requirements for its successful completion are provided at the cost of
the Contractor. You should therefore state in the appropriate space provided in the "Bid Summary" (Part
II) any additions or modifications of the said Annex IV which you suggest for a satisfactory performance
of the contract (you can use a separate sheet if necessary).
 
7. Privileges and Immunities
 
This Organization enjoys certain privileges and immunities which include exemption from payment of
"IVA" (VAT), customs duties and importation restrictions.
 
8. Currency of Bid and of Contract
 
Your proposal should be expressed in US dollars.
 
9. Submission and Closing Date
 
9.1 Your offer should be submitted as follows:
 
The registration with UNGM (https://www.ungm.org/Vendor/Registration) is a mandatory requirement in
order to participate in this tender. Please visit www.ungm.org for more information on how to register your
company in UNGM.
 
Detailed instructions on how to access FAO tender documents and submit your bid through UNGM are attached
herewith and can be downloaded from your UNGM Tender Management page by clicking on the “View
Synopsis” button under the “Tender” tab.
 
If you encounter any difficulties using the UNGM system navigation and functionality, please contact
support@in-tend.com, referencing the exact FAO ITB number.
 
 
 
 
 
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
 
a. Uploading your bid on UNGM
 
 
Please login to the UNGM website and upload all the documents requested in the required
envelope of the ITT into the designated Placeholders (i.e. Technical, Commercial) within the
indicated deadline.
 
It is the exclusive responsibility of the bidders to ensure that the files are uploaded before the tender
deadline. Offers received after the deadline will be considered invalid.
 
Please follow the instructions below to upload the electronic files to the UNGM
e-tendering system:
 
i. Log-in to the UNGM website using your e-mail and password.
ii. Click on Tender Notices (from the list on the left-hand side of the screen).
iii. Click on “Show more criteria” and type “FAO” in the UN Organization field located in the
upper right hand corner.
iv. Click on EXPRESS INTEREST / VIEW DOCUMENTS (green button on the left of the
specific tender notice you are interested in).
v. Click on the Invitation to bid/ Request for Proposal tab of the tender notice and scroll down to
view and download the tender documents.
vi. Click on the “OPT IN” button.
vii. To upload all the files to the designated envelope, click on the relevant “UPLOAD
DOCUMENT” red button under “MY TENDER RETURN”.
viii. If included, please complete the mandatory tender Questionnaire(s).
ix. Click on the red button: Submit Return
 
NOTE: It is highly recommended that the size of the files does not exceed 5MB.
 
IMPORTANT: Once all files are uploaded (and the requested Questionnaire(s) completed), please
remember to click on the red button “SUBMIT MY RETURN” to submit your offer. If the submission is
properly completed, you will be able to view and download a receipt under the “HISTORY” tab.
 
No Bid Notice
If your company is not interested in participating to this tender, the Organization would appreciate your
feedback. In this case, you are kindly requested to click on the “OPT OUT” button displayed on your UNGM
Tender Management page and indicate one or more of the following reason(s) for non-participation:
 Requirements are outside our normal activities.
 Insufficient time was provided to prepare a bid.
 Present lack of resources to undertake more work.
 Other (please specify briefly).
 
 
Submissions by e-mail or fax are not allowed.
 
9.2 Your bid should be submitted (uploaded on UNGM) no later than 12:00 hrs, noon, Nairobi Time
on:
 

11 November 2020.
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
 
 
 
TENDER No. 2020/FRSOM/FRSOM/107406
 
BID SUMMARY
 
 
 
Instructions: Please, tick (if applicable) on the boxes ( ) to the left below and duly sign and stamp this
document. Any omission to do this may lead to rejection of your bid.
 
PART I: Commencement of Contract Performance
 
I undertake to commence the performance of the contract immediately upon receipt of the contract duly
signed by both Parties, as indicated in Annex III. I propose to execute the Works described in this Contract
within a period of _________calendar days described in the Contract. (The Works must be completed
within 75 calendar days for both lots running concurrently. Bids offering longer Works execution
periods may be rejected.)
 
PART II: Participation by the Organization in the contract performance (see Annex IV of the Contract)
 
Either:
 
I certify that the inputs to be provided by the Organization, as set out in Annex IV of the sample Contract,
are adequate and sufficient for a satisfactory contract performance.
or
 
For a satisfactory contract performance, the following would have to be provided:
 
 
 
 
 
 
 
PART III: Bill of Quantities
 
Find attached Annex II to the draft contract showing the costs related to the works required.
 
 
 
PART IV: Completeness of Bid
 
I confirm having obtained all relevant data and information as regards risk, contingencies, and any other
circumstances which may influence or affect the performance of the contract, which have been duly taken
into account in the formulation of this bid.
 
I confirm that I have attached to my bid all mandatory documents listed in Article 3.3 of the Invitation to
Tender
 
 
 
PART V: Subcontractor(s): Find attached a duly completed Annex X and proposed subcontractor(s), if any.
 
 
 
PART VI: Certification of Proper Procedures
 
I certify that my firm/organization (including all members of a consortium, if applicable) and its
subcontractors are not associated, directly or indirectly, with the consultant or any other entity who
prepared the terms of reference or other bidding documents for the project.
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
 
 
 
I acknowledge that my firm is responsible for any consultant, including independent consultants, who
assists in the preparation of offers and confirm that my firm has taken all measures to ensure that any
independent consultant engaged to assist in preparing this offer has not and will not be involved in the
preparation of another bid for another bidder for the same tender process.
 
PART VII: Conflict of Interest Disclosure
 
Either:
 
To the best of my knowledge, I confirm that none of my firm’s representatives or employees have a
current or former employment relationship with FAO, and none of my firm’s representatives or
employees has a current or past relationship with an FAO staff member (family members, spouses, etc.).
 
or
 
I have provided below details regarding the following representatives or employees of my firm who have
a current or former employment relationship with FAO and/or who have a current or past relationship
with an FAO staff member:
 
 
 
 
 
 
 
 
PART VIII:Contract Provisions:
 
I confirm that the terms and conditions of the contract/s as enclosed with the letter of invitation are
acceptable except for the reservations explicitly set out in this offer.
 
 
 
 
 
 
 
I certify that my firm has not and will not engage in corrupt, fraudulent, collusive, coercive, unethical or
obstructive practices during the selection process and throughout the negotiation and execution of the
contract.
 
I confirm that my firm, including any affiliates, agents or subcontractors, is not subject to any sanction
or temporary suspension imposed by an Intergovernmental or UN Organization, including any
organization within the World Bank Group or any multi-lateral development bank, or by an institution
or body of an economic integration organization (e.g., the European Union). If my firm, or any affiliates,
agents or subcontractors, has been subject to any temporary suspension or sanction by any such
organization or National Authority within the preceding three years, I have provided further information
below:
 
 
 
 
 
 
 
 
I certify that my firm is not associated with any individual or entity appearing on the 1267/1989 list of
the UN Security Council or with any individual or entity subject to any other sanctions or enforcement
measures promulgated by the UN Security Council.
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W
 
 
 
PART IX: Validity of Bid:
 
This offer is valid for acceptance for a period of THREE (3) MONTHS as from the deadline for the
submission of the offer indicated in the letter of invitation.
 
 
 
Name of Firm:
 
Mailing Address:
 
UNGM Number: _ ____________________

Tel:
 
Email:
 
Person(s) to contact:
 
Signature:
 
Date:
 
Name & Title:
 
Company seal:
 
 
 
  TENDER No. 2020/FRSOM/FRSOM/107406 for Contract No. 20/050/W

SITE VISIT STATEMENT

Tender Reference: 2020/FRSOM/FRSOM/107406

Description: REHABILITATION OF WEYDOW PRIMARY IRRIGATION CANAL IN MIDDLE

SHABELLE – HIRSHABELE, SOMALIA.

Site of works visited: (please select as applicable)

LOT 1: CANAL EXCAVATION & ALIGNMENT (Chainage 0 - 14.15kM).

LOT 2: CANAL ACCESSORIES.

I hereby confirm that my Company has inspected the site(s) marked above, and that it has obtained all
necessary information related to risks, contingencies and other circumstances which might influence or affect the
provision of the goods and execution of the works. In this regard, my Company acknowledges the following:

a) The security situation, workforce and materials availability;

b) Existing elements such as buildings, steel canopies, cables, pipes, trees, plants, shrubs, etc.;
c) surface and sub-surface conditions,
d) means of access to the site;
e) availability of necessary water and electricity
f) availability of adequate space for the storage of building materials.

My Company also acknowledges that if awarded with a Contract, it will be therefore fully and solely
responsible to obtain all rights of access and to ensure the supply of the necessary materials to implement the
project in the site. In addition, it acknowledges and will be prepared to address delays and costs associated with
work stoppages or seizure of equipment.

My Company understands that FAO is not responsible to provide financial compensation for any kind of
loss or damage to the Company’s staff, equipment, power plant or machines.

Name of the Company:  

 
Name and last name of
company representative:

 
Date, Stamp and
signature
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
DRAFT CONTRACT No. 20/050/W

FOR THE CONSTRUCTION OF

REHABILITATION OF WEYDOW PRIMARY IRRIGATION

CANAL IN MIDDLE SHABELLE – HIRSHABELE, SOMALIA

BETWEEN
 
 
THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED
NATIONS
 
 
&
 
 
.................................................
(Name of Contractor)
  Contract No. 20/050/W
 

Contents
SECTION I: SPECIAL PROVISIONS ........................................................................................................................... 16
ARTICLE 1 – CONTRACTOR’S PERFORMANCE ................................................................................................... 16
ARTICLE 2 – SCHEDULE OF CONTRACT PERFORMANCE ................................................................................ 16
ARTICLE 3 – PARTICIPATION OF FAO ................................................................................................................... 16
ARTICLE 4 – FAO’S FINANCIAL LIABILITY.......................................................................................................... 17
ARTICLE 5 – SCHEDULE AND METHOD OF PAYMENT ..................................................................................... 17
ARTICLE 6 – LIQUIDATED DAMAGES ................................................................................................................... 18
ARTICLE 7 – RETENTION CLAUSE .......................................................................................................................... 18
ARTICLE 8 – INSURANCE .......................................................................................................................................... 18
ARTICLE 9 – CONTRACTOR’S RESPONSIBILITY FOR EMPLOYEES ............................................................... 19
ARTICLE 10 – SUPERVISION OF THE EXECUTION OF THE WORKS............................................................... 19
ARTICLE 11 – WORK QUALITY ................................................................................................................................ 20
ARTICLE 12 – INSPECTION OF THE CONSTRUCTION SITE .............................................................................. 20
ARTICLE 13 – ORGANIZATION OF THE CONSTRUCTION SITE ....................................................................... 20
ARTICLE 14 – PRESENCE OF THE CONTRACTOR ON THE CONSTRUCTION SITE ..................................... 21
ARTICLE 15 – CONSTRUCTION SITE LOGBOOK ................................................................................................. 22
ARTICLE 16 – CERTIFICATE OF COMPLETION OF WORKS AND PROVISIONAL ACCEPTANCE ............ 22
ARTICLE 17 – CLEARANCE OF SITE ON COMPLETION OF WORKS ............................................................... 22
ARTICLE 18 – HANDOVER CERTIFICATE.............................................................................................................. 23
ARTICLE 19 – CERTIFICATE OF DEFECTS LIABILITY PERIOD AND FINAL ACCEPTANCE ..................... 23
ARTICLE 20 – SUBCONTRACTORS.......................................................................................................................... 23
ARTICLE 21 – DESIGNATION OF THE CONTRACT MANAGERS ...................................................................... 24
ARTICLE 22 – PUBLICATION OF CONTRACT AWARDS .................................................................................... 24
ARTICLE 23 – CONTRACT DOCUMENTS ............................................................................................................... 24
SECTION II – STANDARD PROVISIONS ................................................................................................................... 25
Definitions ....................................................................................................................................................................... 25
Article 1 – Legal status of the parties ............................................................................................................................. 25
Article 2 – Responsibility for employees........................................................................................................................ 25
Article 3 – Assignment .................................................................................................................................................... 27
Article 4 – Subcontracting............................................................................................................................................... 27
Article 5 – Examination and acceptance ......................................................................................................................... 28
Article 6 – Delays and defaults ....................................................................................................................................... 28
Article 7 – Title................................................................................................................................................................ 29
Article 8 – Export licensing ............................................................................................................................................ 29
Article 9 – Indemnification ............................................................................................................................................. 29
Article 10 – Insurance and liability ................................................................................................................................. 31
Article 11 – Encumbrances and liens .............................................................................................................................. 32
Article 12 – Equipment furnished by FAO to the contractor ......................................................................................... 32
  Contract No. 20/050/W
Article 13 – Copyright, patents and other proprietary rights.......................................................................................... 33
Article 14 – Publicity and use of the name, emblem or official seal of FAO ................................................................ 33
Article 15 – Confidential nature of documents and information.................................................................................... 33
Article 16 – Force majeure; other changes in conditions ............................................................................................... 34
Article 17 – Termination ................................................................................................................................................. 35
Article 18 – Non-waiver of rights ................................................................................................................................... 37
Article 19 – Non-exclusivity ........................................................................................................................................... 37
Article 20 – Settlement of disputes, conciliation and arbitration ................................................................................... 37
Article 21 – Privileges and immunities and applicable law ........................................................................................... 38
Article 22 – Tax exemption ............................................................................................................................................. 38
Article 23 – Modifications .............................................................................................................................................. 39
Article 24 – Audits and investigations ............................................................................................................................ 39
Article 25 – Limitation on actions .................................................................................................................................. 40
Article 26 – Essential terms ............................................................................................................................................ 40
Article 27 – Source of instructions.................................................................................................................................. 40
Article 28 – Officials not to benefit ................................................................................................................................ 40
Article 29 – Observance of the law ................................................................................................................................. 40
Article 30 – Labor............................................................................................................................................................ 41
Article 31 – Mines ........................................................................................................................................................... 41
Article 32 – Sexual exploitation ...................................................................................................................................... 41
Article 33 – Terrorism ..................................................................................................................................................... 41
Article 34 – Sanctionable actions .................................................................................................................................... 42
Article 35 – Disclosure of sanctions or temporary suspension ...................................................................................... 42
Article 36 – Collaboration with certain countries........................................................................................................... 43
Article 37 – Notices and communications ...................................................................................................................... 43
ANNEXES I-X .................................................................................................................................................................... 44
ANNEX I. STATEMENT OF WORKS, SERVICES AND SPECIFICATIONS......................................................... 45
ANNEX II. BILL OF QUANTITIES ............................................................................................................................. 54
ANNEX III. SCHEDULE OF CONTRACT PERFORMANCE ................................................................................... 64
ANNEX IV. SERVICES AND FACILITIES PROVIDED BY FAO ........................................................................... 66
ANNEX V. SCHEDULE AND METHOD OF PAYMENT ......................................................................................... 67
ANNEX VI. STATEMENT OF DUTIES AND POWERS OF THE SUPERVISING ENGINEER ........................... 68
ANNEX VII. DRAFT CERTIFICATE OF COMPLETION OF WORKS ................................................................... 69
ANNEX VIII. DRAFT HANDOVER CERTIFICATE ................................................................................................. 70
ANNEX IX. DRAFT CERTIFICATE OF DEFECTS LIABILITY PERIOD .............................................................. 71
ANNEX X. STATEMENT OF SUBCONTRACTORS ................................................................................................ 72
 
 Contract No. 20/050/W
Page 15 of 72
 
 
THIS CONTRACT FOR …………..
is made on (...),
 
BETWEEN:
 
The Food and Agriculture Organization of the United Nations (“FAO”), an intergovernmental
organization established on 16 October 1945 as a Specialized Agency of the United Nations, having
its headquarters in Rome, Italy, and having an office at (...).
 
AND:
............... (Name of Contractor), a corporation organized and existing under the laws of (.....Country
of Contractor) and having its principal offices at (...Address of Contractor) (the “Contractor”).
 
 
 
FAO and the Contractor are hereinafter collectively referred to as the “Parties”.
 
 
 
 
WHEREAS:
 
A. FAO, in accordance with its Constitution, cooperates with governments, civil society
organizations and other partners, to alleviate poverty and hunger by promoting agricultural
development, improved nutrition and the pursuit of food security.
 
B. FAO wishes to procure the ………….. as described in the Contract.
 
C. By Invitation to Bid (ITB) No.,……………. dated ………….., FAO invited proposals for the
provision of …………... By bid received on (...), the Contractor responded to ITB No.
2020/FRSOM/FRSOM/…………., representing that it is qualified, capable and willing to provide
the required works.
 
D. FAO wishes to engage the Contractor to undertake the works, all on the terms and conditions set
forth in this Contract; and the Contractor represents that it is willing to carry out the works on the
same terms and conditions.
 
NOW, THEREFORE, the Parties hereto mutually agree as follows:
 Contract No. 20/050/W
Page 16 of 72
 
 

SECTION I: SPECIAL PROVISIONS

 
ARTICLE 1 – CONTRACTOR’S PERFORMANCE

1.1 The Contractor shall provide the construction works, hereinafter referred to as the “Works”,
and perform the services as set out in the “Statement of Works, Services and
Specifications” and “Bill of Quantities”, attached hereto as Annex I, and Annex II
respectively, it being understood that such works, services and technical specifications are
deemed to include those which, while not specifically provided for in the said Annexes I and
II, are implied by generally accepted usages and standards of the trade and industry.
 
1.2 The Contractor is responsible, for the purpose of carrying out its obligations set out in
paragraph 1.1 above, for providing at its own cost at the site(s) specified in Annex I, all
necessary, plans, machinery, equipment, supplies, parts, tools, building materials, and
employees, and for executing all necessary construction, erection and installation, except for
such designs, drawings, plans, machinery, equipment, supplies, parts, tools, building
materials, employees, construction, erection and/or installation which may be provided and/or
executed by FAO as set out in Article 3 below.
 
1.3 The Contractor is also responsible for obtaining at its own cost all authorizations, licenses and
permits which are required to perform this Contract according to the laws, decrees or
regulations of the country concerned, by the deadline(s) for the activity specified in the
Schedule of Contract Performance mentioned in Article 2 below.
 
ARTICLE 2 – SCHEDULE OF CONTRACT PERFORMANCE

2.1 This Contract becomes effective upon its signature by both Parties.
 
2.2 The Contractor shall execute this Contract in accordance with the “Schedule of Contract
Performance”, attached hereto as Annex III.
 
2.3 The Contractor shall commence the Works on the site(s) mentioned in Annex I within the
period specified in the written order to this effect of FAO’s Supervising Engineer, hereinafter
referred to as the “Supervising Engineer”, subject to receipt by the Contractor of the relevant
authorizations, licenses and permits mentioned in Article 1.3 above.
 
2.4 The Contractor shall submit to the Supervising Engineer for his/her approval within two (2)
weeks of the date of signature of this Contract by both Parties a detailed work programme
showing the planning of the execution of the Works by the deadlines specified for them in
Annex III, together with full details of the employees and labourers and of the equipment,
materials and supplies the Contractor intends to assign to the execution of the Works.
 
2.5 The Supervising Engineer is authorized to approve extensions of any of the deadlines
mentioned in Annex III except if they are caused by circumstances for which, in his/her
opinion, the Contractor is responsible.
 
ARTICLE 3 – PARTICIPATION OF FAO

3.1 The Contractor has entered this Contract in reliance upon FAO’s undertaking to provide
certain services and facilities as set out in Annex IV: “Services and Facilities provided by FAO”.
 Contract No. 20/050/W
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3.2 In the event that for any reason the services and facilities set out in Annex IV are not made
available, the Contractor shall immediately advise the Contract Managers mentioned in
Article 21 below and notify the FAO Representative, it being understood that the Contractor
shall not incur expenditures beyond those authorized in this Contract to obtain the said
services and facilities without the written approval of the latter.
 
ARTICLE 4 – FAO’S FINANCIAL LIABILITY

4.1 FAO’s financial liability under this Contract is limited to a lump sum amount of:
 
................................
 

(Write out currency and amount)

 

being the total amount of the “Bill of Quantities”, attached hereto as Annex II.
 
4.2 It is understood that in calculating the amount mentioned in Article 4.1 above the Contractor
exercised appropriate professional judgement and has given full consideration to working
conditions in the countries of Contract execution, including the conditions of the construction
site(s), to the participation in the performance of this Contract by FAO, as specified in Article
3 above, as well as to the availability of all relevant information and data required for the
execution of this Contract. Therefore, the Contractor shall under no circumstances be entitled
to any payments in excess of the total amount of FAO’s financial liability as determined in
Article 4.1 above unless:
 
4.2.1 FAO has requested the Contractor in writing to undertake Works and services not
included in Annex I; and/or
 
4.2.2 FAO has failed to meet their obligations referred to in Article 3 above which has
resulted in identifiable additional costs to the Contractor.
 
4.3 When the occurrence of one or both events in Articles 4.2.1 and 4.2.2 above would justify
that adjustments to the amount mentioned in Article 4.1 above be made, Annex II shall, where
appropriate, be used for determining such adjustments.
 
4.4 FAO and the Contractor agree that the prices set out in Annex II of this Contract are firm and
will not be increased under any circumstances except as provided for in Article 4.2 above.
 
ARTICLE 5 – SCHEDULE AND METHOD OF PAYMENT

5.1 In full consideration of the Works executed by the Contractor, FAO will effect payments to
the Contractor, subject to the deduction of the Liquidated Damages mentioned in Article 6
below, if any, in accordance with the provisions of the “Schedule and Method of Payment”,
attached hereto as Annex V.
 
5.2 Any payment by FAO is subject to receipt at the Office of the FAO Representation of the
following documents:
 
5.2.1 one (1) copy of this Contract, duly signed by the Contractor.
 
5.2.2 original invoices corresponding to the works provided by the Contractor under this
 Contract No. 20/050/W
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Contract as per conditions set out in Annex V.
 
5.3 The Contractor shall reimburse FAO in the currency of original payment or in a mutually
agreed currency:
 
5.3.1 overpayments made by FAO.
 
5.3.2 costs incurred by FAO for the procurement of alternative services due to the
Contractor’s default.
 
5.4 The Contractor shall be liable for any changes occurring in the cost of materials and labour
during the contracted period.
 
5.5 FAO will endeavour to effect payment of the invoices submitted in accordance with Annex
V, within thirty (30) calendar days of the date of their receipt but shall under no circumstances
be liable to pay interest on amounts not paid within such period.
 
ARTICLE 6 – LIQUIDATED DAMAGES

As provided for in Section II, Article 6.5, the Parties agree that FAO may withhold from any payments
due to the Contractor an amount equal to two point five percent (2.5%) of the amount specified in
Article 4.1, above as liquidated damages for each week of delay in the completion of part or all of the
Works, as certified by the Supervising Engineer, beyond the deadlines specified for them in Annex
III, provided however, that such liquidated damages shall not in any case exceed ten percent (10%)
of the total Contract amount and it being understood that the withholding by FAO of the said
amount(s) does not in any way constitute a waiver by FAO of its rights under Section II, Article 6 of
this Contract.
 
ARTICLE 7 – RETENTION CLAUSE

7.1 It shall be set up as shown below, a retention clause to ensure the proper execution, completion
of the Works and Defects Liability Period in accordance with the provisions of the present
Contract.
 
7.2 It will be deducted from each invoice referred to in Article 5 above, ten percent (10%) of
the total amount of Works duly executed. Provided that the Works have been performed to
the satisfaction of FAO, the amount withheld will be returned to the Contractor, at his
request, as follows:
 
7.2.1 five percent (5 %) up to fifteen (15) days after the date of completion specified in the
“Certificate of Completion of Works” (provisional acceptance).
 
7.2.2 five percent (5 %) up to fifteen (15) days after the expiration of the Defects Liability Period
specified in the “Certificate of Defects Liability Period” (final acceptance).
 
ARTICLE 8 – INSURANCE

8.1 Before commencing the execution of the Works and without prejudice to the relevant
provisions of Section II of this Contract, the Contractor shall insure against its liability for any
material or physical damage, loss or injury from whatever cause which may occur to any
property, including that of FAO as well as the Works themselves, or to any person, including
 Contract No. 20/050/W
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any employee of FAO, arising out of the execution of this Contract.
 
8.2 If the Contractor fails to effect and keep in force the insurances referred to in Article 8.1 above,
FAO may effect and keep in force any such insurance and pay such premium or premiums as
may be necessary for that purpose and from time to time deduct the amount so paid by FAO
from any moneys due or which may become due to the Contractor or recover the same as a
debt from the Contractor.
 
8.3 The Contractor shall immediately notify the Supervising Engineer of any accident arising
from the execution of the Contract and shall provide full particulars thereof, it being
understood that the Contractor shall be solely responsible for lodging claims with the
insurance company(ies) concerned.
 
8.4 The Contractor shall submit to the Supervising Engineer the receipts of paid premiums
whenever so requested during the period of construction and shall forward, prior to taking
possession of the construction site(s), the policy(ies) of the insurance(s) required by this
Article for approval to:
 
FAO Representative in Somalia
 
...................................................
Food and Agriculture Organization of the United Nations
 
ARTICLE 9 – CONTRACTOR’S RESPONSIBILITY FOR EMPLOYEES

9.1 The Contractor shall provide all necessary employees and shall be fully responsible for their
employment, work permits, payment and administration in strict conformity with all relevant
laws and regulations, including laws relating to their employment, health, safety, welfare,
immigration and emigration, and shall allow them all their legal rights.
 
9.2 The Contractor shall be responsible for the professional and technical competence of its
employees and will select reliable individuals who will perform effectively in the Contract’s
implementation, respect the local customs, and conform to a high standard of moral and
ethical conduct. The Contractor’s employees working on FAO’s premises will comply with
FAO’s rules, policies, and procedures regarding conduct, and security.
 
ARTICLE 10 – SUPERVISION OF THE EXECUTION OF THE WORKS

10.1 Supervision of the execution of the Works under this Contract is the responsibility of the
Supervising Engineer or his/her duly authorized representative. The Supervising Engineer
shall generally carry out such duties in issuing decisions, certificates and orders as are required
for the satisfactory execution of the Works. It is understood, however, that the Contractor shall
promptly request the Supervising Engineer to provide such instructions or guidance as may
be necessary or lacking and that failure to seek such instructions or guidance does not
constitute a valid reason for delays in the execution of the Works or for an execution not in
accordance with the Contract specifications or the standards of the trade and industry.
 
10.2 The duties and powers of the Supervising Engineer are set out in the “Statement of Duties
and Powers of the Supervising Engineer”, attached hereto as Annex VI, it being
 Contract No. 20/050/W
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understood that any modification of the specifications of the Works or of approved final
designs or drawings or plans related thereto, or any modifications of the provisions of this
Contract which may result in additional costs to FAO, do not commit FAO without the written
approval of the FAO Representative to increase FAO’s financial liability as determined in
Article 4.1 above.
 
ARTICLE 11 – WORK QUALITY

11.1 The Contractor shall guarantee the quality of its workmanship and follow all instructions
given by the Supervising Engineer, shall select qualified skilled persons and personnel with
competence and experience, shall make use of construction materials of quality in
accordance with the technical specifications.
 
11.2 The Supervising Engineer has the right to order the Contractor to remove or demolish any
elements which fail to meet required standard or which the Contractor has concealed or
covered before inspection. Cost for demolishment and reconstruction shall be borne by the
Contractor.
 
ARTICLE 12 – INSPECTION OF THE CONSTRUCTION SITE

12.1 The Contractor’s bid is deemed to have been formulated after having inspected the site(s) and
having obtained all necessary information as to risks, contingencies and other circumstances
which may influence or affect the execution of this Contract.
 
12.2 In , and without limiting the generality of the foregoing, the Contractor is deemed to have taken
full account of the following:
 
12.2.1 existing buildings, construction works, cables, pipes, trees, plants, shrubs, etc.
 
12.2.2 surface and sub-surface conditions, load-bearing capacity of the soil, the existence
of rocks, etc.
 
12.2.3 the presence and nature of surface and subsurface water and modification of such
hydrological conditions which might result from construction works.
 
12.2.4 drops or gradients and slopes.
 
12.2.5 meteorological and climatic conditions.
 
12.2.6 means of access to the site.
 
12.2.7 availability of necessary water and electricity.
 
12.2.8 availability of adequate space for the storage of building materials.
 
ARTICLE 13 – ORGANIZATION OF THE CONSTRUCTION SITE

13.1 The Contractor shall take all measures necessary for FAO of the construction site(s), at its
own cost, including, but not necessarily limited to, the following:
 Contract No. 20/050/W
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13.1.1 the establishment of footpaths and builders’ roads, which may be freely used by the
Supervising Engineer and his/her authorised agents or assistants and such other
enterprises or firms as may be called upon to assist in construction works on the
same site.
 
13.1.2 the setting out of the buildings which entails the use of alignments and levelling.
 
13.1.3 the availability of water for construction works, drinking water, and electricity for
the construction works.
 
13.1.4 the provision of fencing, lighting, signposts, cleaning, night-watchman services and
repairs of the construction site.
 
13.1.5 the renting of additional space for the storage of building equipment, materials and
related implements for the Works if the construction site is inadequate for such
purposes.
 
13.2 The Contractor shall take all such measures as are necessary to prevent the occurrence of
accidents caused or occasioned by the execution of the Works. The Contractor is
responsible for any accident or damage caused to persons, property, public and private
roads and highways and constructional work arising from the transport of machinery or
equipment, building materials and supplies.
 
13.3 For the duration of the construction works; the Contractor shall ensure that no unnecessary
interference with traffic is caused by operations necessary for the execution of the Works.
 
13.4 The construction site shall be adequately provided with signposts and warning signals, both
by day and by night. The plan of signs and signals envisaged for the site requires the prior
approval of the Supervising Engineer before their installation.
 
13.5 Such costs as may be incurred by the Contractor in implementing the provisions of this Article
are borne by the Contractor.
 
13.6 The Contractor shall permanently keep on each site, all such instruments, tools and equipment
as may be required by the Supervising Engineer for the testing of materials and samples at the
cost of the Contractor.
 
13.7 Failure by the Contractor to observe the provisions of Article 13.6 above shall entitle the
Supervising Engineer to purchase such instruments or equipment as may be necessary and the
cost thereof shall be deducted from sums due to the Contractor.
 
ARTICLE 14 – PRESENCE OF THE CONTRACTOR ON THE CONSTRUCTION SITE

14.1 Within 14 (fourteen) days of signature of this Contract by the Parties, the Contractor
shall submit to the Supervising Engineer, for approval, the designation of its representative
who shall be empowered to conduct the execution of the Works and represent the Contractor
in relations with the Supervising Engineer. The designation of a representative by the
Contractor shall not relieve the Contractor of its obligations under the present Contract.
 Contract No. 20/050/W
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14.2 The Contractor or its representative shall attend all meetings convened by the Supervising
Engineer on the construction site. The Contractor’s representative shall be empowered to
provide the necessary instructions forthwith to the Contractor’s employees.
 
ARTICLE 15 – CONSTRUCTION SITE LOGBOOK

15.1 On each construction site, the Contractor shall maintain a logbook for the recording, upon
each visit to the site, and at least on a biweekly basis, of the following:
 
15.1.1 deliveries to the construction site of machinery, equipment, building materials and
supplies.
 
15.1.2 quantities of work executed, and quantities of materials and supplies employed
therefore.
 
15.1.3 decisions, instructions, observations and recommendations of the Supervising
Engineer.
 
15.1.4 important facts or events which are likely to influence the progress of the Works.
 
15.1.5 presence of construction equipment, tools, vehicles and labour.
 
15.2 The Supervising Engineer shall provide the Contractor with the necessary guidance for
maintaining the logbook which should have two detachable copies for each original page.
 
15.3 The site logbook shall be made available to the Supervising Engineer upon his/her request
and should, therefore, be kept permanently on the site. Upon completion of the Works the
logbook shall be handed over to the Supervising Engineer.
 
ARTICLE 16 – CERTIFICATE OF COMPLETION OF WORKS AND PROVISIONAL
ACCEPTANCE

16.1 When the whole of the Works is substantially completed in accordance with the provisions of
this Contract, the Contractor may give notice to that effect in writing to the Supervising
Engineer. Within 14 (fourteen) days of the receipt of such notice, the Supervising Engineer
shall either issue a Certificate of Completion of Works, stating the date on which the Works
were so completed, or give the Contractor instructions in writing stating all Works which, in
the opinion of the Supervising Engineer, have to be completed by the Contractor before the
issue of such Certificate, according to the conditions set forth in Annex VII: “Draft
Certificate of Completion of Works”.
 
16.2 The date of completion of the Works stated in the Certificate of Completion of Works is the
operative date for the computation of delays and liquidated damages where necessary and of
the beginning of the Defects Liability Period mentioned in Article 18 below.
 
ARTICLE 17 – CLEARANCE OF SITE ON COMPLETION OF WORKS

Within 7 (seven) days of completion of the works, the Contractor shall clear away and remove from
the site(s) all surplus materials, rubbish and temporary works of every kind and leave the whole of
the site(s) and works clean and in a workmanlike condition to the satisfaction
 Contract No. 20/050/W
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of the Supervising Engineer. failure by the Contractor to clean the site will cause FAO to do so at
the expense of the Contractor.
 
ARTICLE 18 – HANDOVER CERTIFICATE

Upon satisfactory acceptance of the execution and completion of the works referred to in Article 16
above, FAO relinquishes control of the site and returns all responsibilities to the ...........................
(Name of government entity receiving the works) by means of the signature of the Handover
Certificate which should be drafted in accordance the text of Annex VIII: “Draft Handover
Certificate”.
 
ARTICLE 19 – CERTIFICATE OF DEFECTS LIABILITY PERIOD AND FINAL
ACCEPTANCE

19.1 For the purpose of this Contract, “Defects Liability Period” means a period of three (3)
months as from the date of completion of the Works stated in the Certificate of Completion
of Works mentioned in Article 16 above.
 
19.2 During the Defects Liability Period the Contractor shall execute, at its own cost, all repairs,
reconstructions, rectifications and/or make good all defects of the Works, fair wear and tear
excepted, which are required in writing by the Supervising Engineer and are, in his/her
opinion, attributable to circumstances for which the Contractor is responsible.
 
19.3 Upon completion of the Defects Liability Period, the Supervising Engineer issues a Certificate
of Defects Liability Period stating that the Works, except for fair wear and tear, have been
completed and repaired to his/her satisfaction. If the Supervising Engineer decides that he/she
is unable to issue the Certificate of Defects Liability Period, the Contractor shall complete, as
soon as possible and at its own cost, all such repairs as may be required in writing by the
Supervising Engineer. If repairs are carried out by the Contractor during the Defects Liability
Period, the Supervising Engineer decides whether a new Defects Liability Period of thirty
(30) days shall commence as from the date of completion of such repairs as certified by the
Supervising Engineer.
 
19.4 “Defects” as used in this Article shall mean any deficiency, omission, imperfection, error,
flaw, shrinkage or other fault in the quality of the Works, fair wear and tear excepted.
 
19.5 The Certificate of Defects Liability Period shall generally follow the text of the “Draft
Certificate of Defects Liability Period” attached hereto as Annex IX.
 
ARTICLE 20 – SUBCONTRACTORS

20.1 The Contractor shall not subcontract part of the Works to other companies except in special
cases where thework requires expertise and technical skills, which cannot be performed by
the Contractor. In this case, the Contractor shall submit the names and profile (or past
experiences) of the subcontracted company, indicated in Annex X: “Statement of
Subcontractors”, to the Supervising Engineer for consideration and final approval by
FAO. FAO shall approve only if the said company meets requirements for subcontracting
the work.
 
20.2 The Contractor shall perform its obligation to FAO and be responsible for the quality of
 Contract No. 20/050/W
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the work assigned including all negligence, which may be caused by the subcontractor due
to its misbehaviour or by that of its employees.
 
ARTICLE 21 – DESIGNATION OF THE CONTRACT MANAGERS

For the purpose of the performance of this Contract, the following persons have been designated by
the Parties to represent them as far as their own individual competence and qualifications are
concerned. It is understood that any decisions by such Contract Managers which would increase or
decrease FAO’s financial liability as set out in Article 4.1 above will only be binding on FAO if they
are the subject of a formal amendment to this Contract, duly signed by the FAO Representative.
 
21.1 FAO has designated as its Contract Manager the following person/s:
 
…………
……………
…………………
 

21.2 The Contractor has designated as its Contract Manager the following person/s:
 
…………
……………
…………………
 
ARTICLE 22 – PUBLICATION OF CONTRACT AWARDS

FAO reserves the right to publish the Contractor’s name and country, the total Contract value and a
brief description of the works or services provided under this Contract.
 
ARTICLE 23 – CONTRACT DOCUMENTS

Only and exclusively the documents set out below are an integral part of this Contract:

23.1 Sections I and II.

23.2 Annexes I through X, and

23.3 The offer of the Contractor and all related communications related to the Invitation to Bid No.
2020/FRSOM/FRSOM/106749, not attached hereto but in possession of the Parties.
 Contract No. 20/050/W
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SECTION II – STANDARD PROVISIONS
 
Definitions

“Contract” is used to include a purchase order, a contract, or any changes or amendments thereto,
including all documents, exhibits, and attachments referenced therein, to which these Standard
Provisions apply.

“Contractor” refers to the party with whom FAO is contracting to supply the goods and/or services
and who shall have the sole and full responsibility for the performance of its obligations under this
Contract.

“FAO” means the Food and Agriculture Organization of the United Nations.

“Goods” include equipment, spare parts, commodities, live plants or animals, seed, raw materials,
components, intermediate products, or products, as specified in the Contract.

“Services” refers to the Contractor’s time, effort and/or expertise, as specified in the Contract.

Article 1 – Legal status of the parties

FAO and the Contractor shall also each be referred to as a “Party” hereunder, and:

1.1 Pursuant, inter alia, to the FAO Constitution and the Convention on the Privileges and
Immunities of the Specialized Agencies, FAO has full juridical personality and enjoys such
privileges and immunities as are necessary for the independent fulfilment of its purposes.

1.2 The Contractor shall have the legal status of an independent contractor vis-à-vis FAO, and it
shall be fully responsible for the acts or omissions of its personnel, agents, or other
representatives. Nothing contained in or relating to the Contract shall be construed as
establishing or creating between the Parties the relationship of employer and employee or of
principal and agent. The officials, representatives, employees, or subcontractors of each of
the Parties shall not be considered in any respect as being the employees or agents of the other
Party.

Article 2 – Responsibility for employees

To the extent that the Contract involves the provision of any services to FAO by the Contractor’s
officials, employees, agents, servants, subcontractors and other representatives (collectively, the
Contractor’s “personnel”), the following provisions shall apply:

2.1 The Contractor shall be responsible for the professional and technical competence of the
personnel it assigns to perform work under the Contract and will select reliable and competent
individuals who will be able to effectively perform the obligations under the Contract and
who, while doing so, will respect the local laws and customs and conform to a high standard
of moral and ethical conduct.

2.2 Such Contractor personnel shall be professionally qualified and, if required to work with
officials or staff of FAO, shall be able to do so effectively. The qualifications of any personnel
whom the Contractor may assign or may propose to assign to perform any obligations under
 Contract No. 20/050/W
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the Contract shall be substantially the same, or better, as the qualifications of any personnel
originally proposed by the Contractor.

2.3 At the option of and in the sole discretion of FAO:

2.3.1 the qualifications of personnel proposed by the Contractor (e.g., curriculum vitae)
may be reviewed by FAO prior to such personnel’s performing any obligations under
the Contract;
2.3.2 any personnel proposed by the Contractor to perform obligations under the Contract
may be interviewed by qualified staff or officials of FAO prior to such personnel’s
performing any obligations under the Contract; and,
2.3.3 in cases in which, pursuant to Article 2.3.1 or 2.3.2, above, FAO has reviewed the
qualifications of such Contractor’s personnel, FAO may reasonably refuse to accept
any such personnel.
2.4 Requirements specified in the Contract regarding the number or qualifications of the
Contractor’s personnel may change during the course of performance of the Contract. Any
such change shall be made only following written notice of such proposed change and upon
written agreement between the Parties regarding such change, subject to the following:

2.4.1 FAO may, at any time, request, in writing, the withdrawal or replacement of any of
the Contractor’s personnel, and such request shall not be unreasonably refused by the
Contractor.
2.4.2 Any of the Contractor’s personnel assigned to perform obligations under the Contract
shall not be withdrawn or replaced without the prior written consent of FAO, which
shall not be unreasonably withheld.
2.4.3 The withdrawal or replacement of the Contractor’s personnel shall be carried out as
quickly as possible and in a manner that will not adversely affect the performance of
obligations under the Contract.
2.4.4 All expenses related to the withdrawal or replacement of the Contractor’s personnel
shall, in all cases, be borne exclusively by the Contractor.
2.4.5 Any request by FAO for the withdrawal or replacement of the Contractor’s personnel
shall not be considered to be a termination, in whole or in part, of the Contract, and
FAO shall not bear any liability in respect of such withdrawn or replaced personnel.
2.5 Nothing in Articles 2.2, 2.3 and 2.4, above, shall be construed to create any obligations on the
part of FAO with respect to the Contractor’s personnel assigned to perform work under the
Contract, and such personnel shall remain the sole responsibility of the Contractor.

2.6 The Contractor shall be responsible for requiring that all personnel assigned by it to perform
any obligations under the Contract and who may have access to any premises or other property
of FAO shall:

2.6.1 undergo or comply with security screening requirements made known to the
Contractor by FAO, including but not limited to, a review of any criminal history;
2.6.2 when within FAO premises or on FAO property, display such identification as may
be approved and furnished by FAO security officials, and that upon the withdrawal or
 Contract No. 20/050/W
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replacement of any such personnel or upon termination or completion of the Contract,
such personnel shall immediately return any such identification to FAO for
cancellation.
2.7 Within one working day after learning that any of Contractor’s personnel who have access to
any FAO premises have been charged by law enforcement authorities with an offense other
than a minor traffic offense, the Contractor shall provide written notice to inform FAO about
the particulars of the charges then known and shall continue to inform FAO concerning all
substantial developments regarding the disposition of such charges.

2.8 All operations of the Contractor, including without limitation, storage of equipment,
materials, supplies and parts, within FAO premises or on FAO property shall be confined to
areas authorized or approved by FAO. The Contractor’s personnel shall not enter or pass
through and shall not store or dispose of any of its equipment or materials in any areas within
FAO premises or on FAO property without appropriate authorization from FAO.

Article 3 – Assignment

3.1 The Contractor may not assign, transfer, pledge or make any other disposition of the Contract,
of any part of the Contract, or of any of the rights, claims or obligations under the Contract
except as may be provided for in this Contract or with the prior written authorization of FAO.
Any such unauthorized assignment, transfer, pledge or other disposition, or any attempt to do
so, shall not be binding on FAO. Any assignment by the Contractor which is not authorized
by FAO will be void and FAO reserves the right in such case, without prejudice to other rights
or remedies, to terminate the Contract without liability effective upon the Contractor’s receipt
of notification of termination. Except as permitted with respect to any approved
subcontractors, the Contractor shall not delegate any of its obligations under this Contract,
except with the prior written consent of FAO. Any such unauthorized delegation, or attempt
to do so, shall not be binding on FAO.

3.2 The Contractor agrees that FAO may, at its discretion, assign, transfer, pledge, or make other
disposition of this Contract or any part hereof, or any of FAO’s rights or obligations under
this Contract upon written notification within a reasonable period of time either prior to or
following such assignment, transfer, pledge or subcontracting arrangement.

Article 4 – Subcontracting

In the event that the Contractor requires the services of subcontractors to perform any obligations
under the Contract, and except as may be provided for in this Contract, the Contractor shall obtain
the prior written approval of FAO. FAO shall be entitled, in its sole discretion, to review the
qualifications of any subcontractors and to reject any proposed subcontractor that FAO reasonably
considers is not qualified to perform obligations under the Contract. The approval by FAO of a
subcontractor shall not relieve the Contractor of any of its obligations under this Contract. FAO shall
have the right to require any subcontractor’s removal from FAO premises without having to give any
justification therefor. Any such rejection or request for removal shall not, in and of itself, entitle the
Contractor to claim any delays in the performance, or to assert any excuses for the non-performance,
of any of its obligations under the Contract, and the Contractor shall be solely responsible for all
services and obligations performed by its subcontractors. The terms of any subcontract shall be
 Contract No. 20/050/W
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subject to, and shall be construed in a manner that is fully in accordance with, all of the terms and
conditions of the Contract. The essential terms set out in Article 26 shall be included in all
subcontracting arrangements entered into under this Contract.

Article 5 – Examination and acceptance

5.1 FAO reserves the right to examine the equipment, materials and supplies and/or assess the
services provided under this Contract, at any time prior to the expiry of this Contract. Without
any additional charge, the Contractor shall provide all facilities for the examination and all
necessary support to ensure that examinations can be performed in such a manner as not to
unduly delay delivery.

5.2 In case of rejection by FAO of the equipment, materials, supplies and/or services provided, a
new review may be carried out by the representatives of both FAO and the Contractor, if
promptly requested by the Contractor and before FAO exercises any legal remedies. The
Contractor shall bear the expenses of such a review.

5.3 If this Contract specifically requires the Contractor to procure equipment, materials or
supplies on behalf of FAO, such procurement shall be of new equipment, materials or supplies
unless procurement of used equipment, materials or supplies is approved in advance in writing
by FAO.

Article 6 – Delays and defaults

6.1 If there should be any delay in the performance of this Contract or any part thereof, the
Contractor shall notify FAO in writing giving the cause, such notification to reach FAO no
later than ten (10) days after the date on which the delay is known by the Contractor.

6.2 If the Contractor is unable to obtain any materials or services necessary for the performance
of the Contract from its normal sources of supply, it shall remain liable for any delays when
equivalent materials or services can be obtained from other sources in good time.

6.3 In any event, if the Contractor fails to make delivery of the materials or to complete items or
services required within the time specified in the Contract, or within any extension that may
be granted, FAO may, without prejudice to any further rights it may have under this Contract
and in particular under Article 17:

6.3.1 suspend or cancel the right of the Contractor to proceed further with any items or
services - or part thereof - in which there has been a delay;
6.3.2 obtain elsewhere upon such terms and conditions as may be deemed appropriate,
replacement items or services similar to those which the Contractor failed to provide;
6.3.3 make a corresponding adjustment to the consideration payable to the Contractor;
provided, however, that the Contractor shall continue performance of this Contract to
the extent not suspended or cancelled under the provisions of this paragraph.
6.4 The Contractor shall be liable for any excess costs or damages caused to FAO by a failure or
delay on the part of the Contractor in the performance of its obligations under this Contract,
except where such failure or delay is due to:
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6.4.1 causes which are attributable to FAO;
6.4.2 Force Majeure, as defined in Article 16 below.
6.5 If, in the event of a default by the Contractor or a delay attributable to it, FAO is of the opinion
that the determination of actual excess costs or damages, or any part thereof, incurred by FAO
is not practicable, FAO may require the Contractor to pay, in lieu of or in addition to actual
damages, as the case may be, the amount specified in, or to be calculated in accordance with,
the relevant provision of this Contract, as fixed, agreed and liquidated damages for the
duration of the delay or default.

6.6 FAO shall determine the effects of any delay or default particularly in regard to an adjustment
of the consideration due to the Contractor and to excess costs or damages caused to FAO and
its findings shall be binding, provided always that the Contractor shall have the right to avail
itself of the provisions of Article 20.

6.7 FAO shall not be liable to pay interest on the amount(s) not paid to the Contractor within the
payment schedule foreseen under the Contract, irrespective of the cause of such delay.

Article 7 – Title

The Contractor warrants and represents that the goods delivered under the Contract are
unencumbered by any third party’s title or other property rights, including, but not limited to, any
liens or security interests. Unless otherwise expressly provided in the Contract, title in and to the
goods shall pass from the Contractor to FAO upon delivery of the goods and their acceptance by
FAO in accordance with the requirements of the Contract.

Article 8 – Export licensing

The Contractor shall be responsible for obtaining any export license required with respect to the
goods, products, or technologies, including software, sold, delivered, licensed or otherwise provided
to FAO under the Contract. The Contractor shall procure any such export license in an expeditious
manner. Subject to and without any waiver of the privileges and immunities of FAO, FAO shall lend
the Contractor all reasonable assistance required for obtaining any such export license. Should any
governmental entity refuse, delay or hinder the Contractor’s ability to obtain any such export license,
the Contractor shall promptly consult with FAO to enable FAO to take appropriate measures to
resolve the matter.

Article 9 – Indemnification

9.1 The Contractor shall indemnify, defend, and hold and save harmless, FAO, and its officials,
agents and employees, and any of its member nations or member organizations (“Members”)
or other ultimate beneficiaries, from and against all suits, proceedings, claims, demands,
losses and liability of any kind or nature brought by any third party against FAO, including,
but not limited to, all litigation costs and expenses, attorney’s fees, settlement payments and
damages, based on, arising from, or relating to:

9.1.1 allegations or claims that the possession of or use by FAO of any patented device, any
copyrighted material, or any other goods, property or services provided or licensed to
FAO under the terms of the Contract, in whole or in part, separately or in a
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combination contemplated by the Contractor’s published specifications therefor, or
otherwise specifically approved by the Contractor, constitutes an infringement of any
patent, copyright, trademark, or other intellectual property right of any third party; or,
9.1.2 any acts or omissions of the Contractor, or of any subcontractor or anyone directly or
indirectly employed by them in the performance of the Contract, which give rise to
legal liability to anyone not a party to the Contract, including, without limitation,
claims and liability in the nature of a claim for workers’ compensation.
9.2 FAO may, where in its opinion, the successful implementation of the Contract or the
reputation of FAO, might be prejudiced, withhold or deduct from the payments due to the
Contractor under this Contract such amounts as may be required to honour third party claims
brought against the Contractor if these claims are connected with the supplies or services to
be provided under this Contract and if, after consultation with the Contractor, FAO is satisfied
that such claims have been or may become the subject of a judgement, injunction or similar
court order.

9.3 In addition to the indemnity obligations set forth in this Article 9, the Contractor shall be
obligated, at its sole expense, to defend FAO and its officials, agents and employees, pursuant
to this Article 9, regardless of whether the suits, proceedings, claims and demands in question
actually give rise to or otherwise result in any loss or liability.

9.4 FAO shall advise the Contractor about any such suits, proceedings, claims, demands, losses
or liability within a reasonable period of time after having received actual notice thereof. The
Contractor shall have sole control of the defense of any such suit, proceeding, claim or
demand and of all negotiations in connection with the settlement or compromise thereof,
except with respect to the assertion or defense of the privileges and immunities of FAO or
any matter relating thereto, for which only FAO itself is authorized to assert and maintain.
FAO shall have the right, at its own expense, to be represented in any such suit, proceeding,
claim or demand by independent counsel of its own choosing.

9.5 In the event the use by FAO of any goods, property or services provided or licensed to FAO
by the Contractor, in whole or in part, in any suit or proceeding, is for any reason enjoined,
temporarily or permanently, or is found to infringe any patent, copyright, trademark or other
intellectual property right, or in the event of a settlement, is enjoined, limited or otherwise
interfered with, then the Contractor, at its sole cost and expense, shall, promptly, either:

9.5.1 procure for FAO the unrestricted right to continue using such goods or services
provided to FAO;
9.5.2 replace or modify the goods or services provided to FAO, or part thereof, with the
equivalent or better goods or services, or part thereof, that is non-infringing; or,
9.5.3 refund to FAO the full price paid by FAO for the right to have or use such goods,
property or services, or part thereof.
9.6 For the purposes of this Article, the term “third party” shall be deemed to include, inter alia,
officials, employees and other representatives of the United Nations, FAO, and other
Specialized Agencies participating in the implementation of this Contract as well as any
person or entity employed by the Contractor or otherwise performing services for, or
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supplying goods to, the Contractor.

Article 10 – Insurance and liability

10.1 The Contractor shall pay FAO promptly for all loss, destruction, or damage to the property of
FAO caused by the Contractor’s personnel or by any of its subcontractors or anyone else
directly or indirectly employed by the Contractor or any of its subcontractors in the
performance of the Contract.

10.2 Unless otherwise provided in the Contract, prior to commencement of performance of any
other obligations under the Contract, and subject to any limits set forth in the Contract, the
Contractor shall take out and shall maintain for the entire term of the Contract, for any
extension thereof, and for a period following any termination of the Contract reasonably
adequate to deal with losses:

10.2.1 insurance against all risks in respect of its property and any equipment used for the
performance of the Contract;
10.2.2 workers’ compensation insurance, or its equivalent, or employer’s liability insurance,
or its equivalent, with respect to the Contractor’s personnel sufficient to cover all
claims for injury, death and disability, or any other benefits required to be paid by
law, in connection with the performance of the Contract;
10.2.3 liability insurance in an adequate amount to cover all claims, including, but not limited
to, claims for death and bodily injury, products and completed operations liability,
loss of or damage to property, and personal and advertising injury, arising from or in
connection with the Contractor’s performance under the Contract, including, but not
limited to, liability arising out of or in connection with the acts or omissions of the
Contractor, its personnel, agents, or invitees, or the use, during the performance of the
Contract, of any vehicles, boats, airplanes or other transportation vehicles and
equipment, whether or not owned by the Contractor; and,
10.2.4 such other insurance as may be agreed upon in writing between FAO and the
Contractor.
10.3 The Contractor’s liability policies shall also cover subcontractors and all defense costs and
shall contain a standard “cross liability” clause.

10.4 The Contractor acknowledges and agrees that FAO accepts no responsibility for providing
life, health, accident, travel or any other insurance coverage which may be necessary or
desirable in respect of any personnel performing services for the Contractor in connection
with the Contract.

10.5 Except for the workers’ compensation insurance or any self-insurance program maintained
by the Contractor and approved by FAO, in its sole discretion, for purposes of fulfilling the
Contractor’s requirements for providing insurance under the Contract, the insurance policies
required under the Contract shall:

10.5.1 name FAO as an additional insured under the liability policies, including, if required,
as a separate endorsement under the policy;
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10.5.2 include a waiver of subrogation of the Contractor’s insurance carrier’s rights against
FAO;
10.5.3 provide that FAO shall receive written notice from the Contractor’s insurance carrier
not less than thirty (30) days prior to any cancellation or material change of coverage;
and,
10.5.4 include a provision for response on a primary and non-contributing basis with respect
to any other insurance that may be available to FAO.
10.6 The Contractor shall be responsible to fund all amounts within any policy deductible or
retention.

10.7 Except for any self-insurance program maintained by the Contractor and approved by FAO
for purposes of fulfilling the Contractor’s requirements for maintaining insurance under the
Contract, the Contractor shall maintain the insurance taken out under the Contract with
reputable insurers that are in good financial standing and that are acceptable to FAO. Prior to
the commencement of any obligations under the Contract, the Contractor shall provide FAO
with evidence, in the form of certificate of insurance or such other form as FAO may
reasonably require, that demonstrates that the Contractor has taken out insurance in
accordance with the requirements of the Contract. FAO reserves the right, upon written notice
to the Contractor, to obtain copies of any insurance policies or insurance program descriptions
required to be maintained by the Contractor under the Contract. Notwithstanding the
provisions of Article 10.5.3, above, the Contractor shall promptly notify FAO concerning any
cancellation or material change of insurance coverage required under the Contract.

10.8 The Contractor acknowledges and agrees that neither the requirement for taking out and
maintaining insurance as set forth in the Contract nor the amount of any such insurance,
including, but not limited to, any deductible or retention relating thereto, shall in any way be
construed as limiting the Contractor’s liability arising under or relating to the Contract.

Article 11 – Encumbrances and liens

The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to
be placed on file or to remain on file in any public office or on file with FAO against any monies due
to the Contractor or that may become due for any work done or against any goods supplied or
materials furnished under the Contract, or by reason of any other claim or demand against the
Contractor or FAO.

Article 12 – Equipment furnished by FAO to the contractor

Title to any equipment and supplies that may be furnished by FAO to the Contractor for the
performance of any obligations under the Contract shall rest with FAO, and any such equipment shall
be returned to FAO at the conclusion of the Contract or when no longer needed by the Contractor.
Such equipment, when returned to FAO, shall be in the same condition as when delivered to the
Contractor, subject to normal wear and tear, and the Contractor shall be liable to compensate FAO
for the actual costs of any loss of, damage to, or degradation of the equipment that is beyond normal
wear and tear.
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Article 13 – Copyright, patents and other proprietary rights

13.1 Except as is otherwise expressly provided in writing in the Contract, FAO shall be entitled to
all intellectual property and other proprietary rights including, but not limited to, patents,
copyrights, and trademarks, with regard to products, processes, inventions, ideas, know-how,
or documents and other materials which the Contractor has developed for FAO under the
Contract and which bear a direct relation to or are produced or prepared or collected in
consequence of, or during the course of, the performance of the Contract. The Contractor
acknowledges and agrees that such products, documents and other materials constitute works
made for hire for FAO.

13.2 To the extent that any such intellectual property or other proprietary rights consist of any
intellectual property or other proprietary rights of the Contractor:

13.2.1 that pre-existed the performance by the Contractor of its obligations under the
Contract, or
13.2.2 that the Contractor may develop or acquire, or may have developed or acquired,
independently of the performance of its obligations under the Contract,
FAO does not and shall not claim any ownership interest thereto, and the Contractor grants
to FAO a perpetual license to use such intellectual property or other proprietary right solely
for the purposes of and in accordance with the requirements of the Contract.

13.3 At the request of FAO, the Contractor shall take all necessary steps, execute all necessary
documents and generally assist in securing such proprietary rights and transferring or
licensing them to FAO in compliance with the requirements of the applicable law and of the
Contract.

13.4 Subject to the foregoing provisions, all maps, drawings, photographs, mosaics, plans, reports,
estimates, recommendations, documents, and all other data compiled by or received by the
Contractor under the Contract shall be the property of FAO, shall be made available for use
or inspection by FAO at reasonable times and in reasonable places, shall be treated as
confidential, and shall be delivered only to FAO authorized officials on completion of work
under the Contract.

Article 14 – Publicity and use of the name, emblem or official seal of FAO

The Contractor shall not advertise or otherwise make public for purposes of commercial advantage
or goodwill that it has a contractual relationship with FAO, nor shall the Contractor, in any manner
whatsoever use the name, emblem or official seal of FAO, or any abbreviation of the name of FAO
in connection with its business or otherwise without the written permission FAO.

Article 15 – Confidential nature of documents and information

All designs, drawings, specifications, reports, data, computer programs, and other technical or
proprietary information compiled or developed by the Contractor or furnished or disclosed to the
Contractor by FAO under this Contract (“Information”) shall be the property of FAO and shall be
treated as confidential and safeguarded by the Contractor, its employees, agents and representatives.
Unless otherwise authorized in writing by FAO, the Contractor shall use such Information only in
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the performance of this Contract. Upon completion or termination of this Contract, the Contractor
shall return such Information to FAO.

15.1 The Contractor may disclose Information to the extent required by law, provided that, subject
to and without any waiver of the privileges and immunities of FAO, the Contractor will give
FAO sufficient prior notice of a request for the disclosure of Information in order to allow
FAO to have a reasonable opportunity to take protective measures or such other action as may
be appropriate before any such disclosure is made.

15.2 FAO reserves the right to publish or otherwise make public the Contractor’s name and
address, any information regarding the Contract including descriptions of the goods or
services provided under the Contract and the Contract value. FAO may also disclose
Information to the extent as required pursuant to the FAO Constitution or consistent with or
pursuant to resolutions or regulations of the Conference of FAO or rules promulgated
thereunder.

15.3 A Party shall not be precluded from disclosing Information that is obtained by that Party
from a third party without restriction, is disclosed by the other Party to a third party without
any obligation of confidentiality, is previously known by the Party who has received the
Information, or at any time is developed by the Party completely independently of any
disclosures hereunder.

15.4 These obligations and restrictions of confidentiality shall be effective during the term of the
Contract, including any extension thereof, and, unless otherwise provided in the Contract,
shall remain effective following any termination of the Contract.

Article 16 – Force majeure; other changes in conditions

16.1 In the event of and as soon as possible after the occurrence of any cause constituting force
majeure, the affected Party shall give notice and full particulars in writing to the other Party,
of such occurrence or cause if the affected Party is thereby rendered unable, wholly or in part,
to perform its obligations and meet its responsibilities under the Contract. The affected Party
shall also notify the other Party of any other changes in condition or the occurrence of any
event which interferes or threatens to interfere with its performance of the Contract. Not more
than fifteen (15) days following the provision of such notice of force majeure or other changes
in condition or occurrence, the affected Party shall also submit a statement to the other Party
of estimated expenditures that will likely be incurred for the duration of the change in
condition or the event of force majeure. On receipt of the notice or notices required hereunder,
the Party not affected by the occurrence of a cause constituting force majeure shall take such
action as it reasonably considers to be appropriate or necessary in the circumstances,
including the granting to the affected Party of a reasonable extension of time in which to
perform any obligations under the Contract or termination under Article 17. The Contractor
shall be liable for any damages resulting from lack of notice of the force majeure event.

16.2 If the Contractor is rendered unable, wholly or in part, by reason of force majeure to perform
its obligations and meet its responsibilities under the Contract, FAO shall have the right to
suspend or terminate the Contract on the same terms and conditions as are provided for in
Article 17, except that the period of notice shall be seven (7) days instead of thirty (30) days.
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In any case, FAO shall be entitled to consider the Contractor permanently unable to perform
its obligations under the Contract in case the Contractor is unable to perform its obligations,
wholly or in part, by reason of force majeure for any period in excess of ninety (90) days.

16.3 Force majeure as used herein means any unforeseeable and irresistible act of nature, any act
of war (whether declared or not), invasion, revolution, insurrection, terrorism, or any other
acts of a similar nature or force, provided that such acts arise from causes beyond the control
and without the fault or negligence of the Contractor (or on the part of its personnel, agents,
other representatives, or authorized subcontractors), and proves insurmountable in spite of all
due diligence. Defects in equipment, material or supplies, or delays in their availability
(unless due to force majeure), labor disputes, strikes or financial difficulties shall not
constitute an event of force majeure. Notwithstanding anything to the contrary herein in this
Contract, the Contractor recognizes that the provision of goods and services may from time
to time be performed under harsh or hostile conditions, including civil unrest. Consequently,
delays or failure to perform caused by events arising out of, or in connection with, such
difficult conditions shall not, in and of itself, constitute force majeure under this Contract.
The Contractor therefore acknowledges and agrees that, with respect to any obligations under
the Contract that the Contractor must perform in areas in which FAO is engaged in, preparing
to engage in, or disengaging from any humanitarian or similar operations, any delays or
failure to perform such obligations arising from or relating to harsh conditions within such
areas, or to any incidents of civil unrest occurring in such areas, shall not, in and of itself,
constitute force majeure under the Contract.

Article 17 – Termination

17.1 Either Party may terminate the Contract for cause, in whole or in part, upon thirty (30) days’
notice, in writing, to the other Party. The initiation of conciliation or arbitral proceedings in
accordance with Article 20, shall not be deemed to be a “cause” for or otherwise to be in itself
a termination of the Contract.

17.2 For the purposes of this Article, a “cause” include, without being limited to:

17.2.1 unforeseen causes beyond the control of FAO;

17.2.2 repeated and/or serious noncompliance with laws and regulations related to social
contribution, safety measures, pollution, prevention of injuries in the work place;
17.2.3 serious contractual breaches compromising the normal performance of the services
under this Contract;
17.2.4 transfer to third parties, either directly or indirectly through an intermediary, of all or
part of the rights and obligations pertaining to the services under this Contract, except
for subcontracts duly authorized by FAO;
17.2.5 gross negligence;
17.2.6 unjustified delay in the execution of the services, so as to substantially prejudice the
achievement of FAO’s objectives under this Contract;
17.2.7 default in the submission of the performance bond as required, if applicable.
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17.3 FAO may terminate the Contract at any time by providing written notice to the Contractor in
any case in which the mandate of FAO applicable to the performance of the Contract or the
funding of FAO applicable to the Contract is curtailed or terminated, whether in whole or in
part. In addition, unless otherwise provided by the Contract, upon sixty (60) days’ advance
written notice to the Contractor, FAO may terminate the Contract without having to provide
any justification therefor.

17.4 In the event of any termination of the Contract, upon receipt of notice of termination that has
been issued by FAO, the Contractor shall, except as may be directed by FAO in the notice of
termination or otherwise in writing:

17.4.1 take immediate steps to bring the performance of any obligations under the Contract
to a close in a prompt and orderly manner, and in doing so, reduce expenses to a
minimum;
17.4.2 refrain from undertaking any further or additional commitments under the Contract as
of and following the date of receipt of such notice;
17.4.3 place no further subcontracts or orders for materials, services, or facilities, except as
FAO and the Contractor agree in writing are necessary to complete any portion of the
Contract that is not terminated;
17.4.4 terminate all subcontracts or orders to the extent they relate to the portion of the
Contract terminated;
17.4.5 transfer title and deliver to FAO the fabricated or unfabricated parts, work in process,
completed work, supplies, and other material produced or acquired for the portion of
the Contract terminated;
17.4.6 deliver all completed or partially completed plans, drawings, information, and other
property that, if the Contract had been completed, would be required to be furnished
to FAO thereunder;
17.4.7 complete performance of the work not terminated; and,
17.4.8 take any other action that may be necessary, or that FAO may direct in writing, for
the minimization of losses and for the protection and preservation of any property,
whether tangible or intangible, related to the Contract that is in the possession of the
Contractor and in which FAO has or may be reasonably expected to acquire an
interest.
17.5 In the event of any termination of the Contract, FAO shall be entitled to obtain reasonable
written accountings from the Contractor concerning all obligations performed or pending in
accordance with the Contract. In addition, FAO shall not be liable to pay the Contractor
except for those goods delivered and services provided to FAO in accordance with the
requirements of the Contract, but only if such goods or services were ordered, requested or
otherwise provided prior to the Contractor’s receipt of notice of termination from FAO or
prior to the Contractor’s tendering of notice of termination to FAO.

17.6 The Contractor shall immediately report any change in its legal status or control to FAO. FAO
may, without prejudice to any other right or remedy available to it, terminate the Contract
forthwith in the event that:
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17.6.1 the Contractor is adjudged bankrupt, or is liquidated, or becomes insolvent, or applies
for a moratorium or stay on any payment or repayment obligations, or applies to be
declared insolvent;
17.6.2 the Contractor is granted a moratorium or a stay, or is declared insolvent;
17.6.3 the Contractor makes an assignment for the benefit of one or more of its creditors;
17.6.4 a Receiver is appointed on account of the insolvency of the Contractor;
17.6.5 the Contractor offers a settlement in lieu of bankruptcy or receivership; or,
17.6.6 FAO reasonably determines that the Contractor has become subject to a materially
adverse change in its financial condition that threatens to substantially affect the
ability of the Contractor to perform any of its obligations under the Contract.
17.7 Except as prohibited by law, the Contractor shall be bound to compensate FAO for all
damages and costs, including, but not limited to, all costs incurred by FAO in any legal or
non-legal proceedings, as a result of any of the events specified in Article 17.6, above, and
resulting from or relating to a termination of the Contract, even if the Contractor is adjudged
bankrupt, or is granted a moratorium or stay or is declared insolvent. The Contractor shall
immediately inform FAO of the occurrence of any of the events specified in Article 17.6,
above, and shall provide FAO with any information pertinent thereto.

17.8 The provisions of this Article 17 are without prejudice to any other rights or remedies of FAO
under the Contract or otherwise.

Article 18 – Non-waiver of rights

The failure by either Party to exercise any rights available to it, whether under the Contract or
otherwise, shall not be deemed for any purposes to constitute a waiver by the other Party of any such
right or any remedy associated therewith, and shall not relieve the Parties of any of their obligations
under the Contract.

Article 19 – Non-exclusivity

Unless otherwise specified in the Contract, FAO shall have no obligation to purchase any minimum
quantities of goods or services from the Contractor, and FAO shall have no limitation on its right to
obtain goods or services of the same kind, quality and quantity described in the Contract, from any
other source at any time.

Article 20 – Settlement of disputes, conciliation and arbitration

20.1 Any dispute between the Parties concerning the interpretation and the execution of the
Contract will be settled by negotiation or, if not settled by negotiation between the Parties or
by another agreed mode of settlement shall, at the request of either Party, be submitted to one
conciliator. Should the Parties fail to reach agreement on the name of a sole conciliator, each
Party shall appoint one conciliator. The conciliation shall be carried out in accordance with
the Conciliation Rules of the United Nations Commission on International Trade Law
(“UNCITRAL”), as at present in force.

20.2 Any dispute between the Parties concerning the interpretation and the execution of the
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Contract that is unresolved after conciliation shall, at the request of either Party be settled by
arbitration in accordance with the UNCITRAL Arbitration Rules, as at present in force.
Arbitrations under this provision shall be administered by the International Bureau of the
Permanent Court of Arbitration.

20.3 The conciliation or the arbitration proceedings shall be conducted in any of the six (6) official
languages of FAO (Arabic, Chinese, English, French, Spanish and Russian) in which the
Contract is drafted. In cases in which the language of the Contract is not an official language
of FAO, the conciliation or the arbitration proceedings shall be conducted in English.

20.4 The Parties may request conciliation during the execution of the Contract or within a period
not to exceed twelve (12) months after the expiry or the termination of the Contract. The
Parties may request arbitration not later than ninety (90) days after the termination of the
conciliation proceedings.

20.5 Decisions of the arbitral tribunal shall be final and binding to the Parties. The arbitral tribunal
shall have no authority to award punitive damages or, unless otherwise expressly provided in
this Contract, to award interest in which case such interest shall not be in excess of the London
Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple
interest only.

Article 21 – Privileges and immunities and applicable law

21.1 Nothing contained in or relating to this Contract shall be deemed a waiver, express or implied,
of the privileges and immunities of FAO, nor as conferring any privileges or immunities of
FAO on the Contractor or its employees, nor as acceptance by FAO of the jurisdiction of the
courts of any country over disputes arising out of this Contract.

21.2 Notwithstanding any specific provision herein, this Contract and any dispute arising
therefrom shall be governed by general principles of law to the exclusion of any single
national system of law. General principles of law shall be deemed to include the UNIDROIT
Principles of International Commercial Contracts 2014.

Article 22 – Tax exemption

22.1 Article III Section 9, of the Convention on the Privileges and Immunities of the Specialized
Agencies provides, inter alia, that FAO is exempt from all direct taxes, including any value-
added tax (VAT), except charges for public utility services, and is exempt from customs
restrictions, duties and charges of a similar nature in respect of articles imported or exported
for its official use. In the event any governmental authority refuses to recognize the
exemptions of FAO from such taxes, restrictions, duties, or charges, the Contractor shall
immediately consult with FAO to determine a mutually acceptable procedure.

22.2 The Contractor shall explicitly specify this tax exemption on any invoice. The Contractor
authorizes FAO to deduct from the Contractor’s invoices any amount representing such taxes,
duties or charges, unless the Contractor has consulted with FAO before the payment thereof
and FAO has, in each instance, specifically authorized the Contractor to pay such taxes,
duties, or charges under written protest. In that event, the Contractor shall provide FAO with
written evidence that payment of such taxes, duties or charges has been made and
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appropriately authorized, and FAO shall reimburse the Contractor for any such taxes, duties,
or charges so authorized by FAO and paid by the Contractor under written protest.

Article 23 – Modifications

23.1 FAO may at any time by written instructions make changes within the general scope of this
Contract and the Contractor shall be obliged to implement such changes in a timely manner.
If any such change causes an increase or decrease in the quantities of goods and/or services
or the time required for performance of this Contract, an equitable adjustment shall be made
in the order price or delivery schedule, or both, and the Contract shall be amended, terminated
or reissued accordingly.

23.2 Any claim by the Contractor for adjustment under this Article must be asserted within thirty
(30) days from the date of receipt by the Contractor of the notification of change; provided,
however, that FAO may, at its sole discretion, receive and act upon any such claim asserted
at any time prior to final payment under this Contract. A dispute arising from failure to agree
to any adjustments shall be subject to the provisions of Article 20 of this Contract. However,
nothing in this Article shall relieve the Contractor from its obligation to proceed with the
performance of the Contract as changed.

23.3 No modification of or change in the terms of this Contract shall be valid or enforceable against
FAO unless it is in writing and signed by a duly authorized officer.

23.4 Any modification of this Contract other than the changes provided for under paragraphs 23.1
to 23.3 above shall be effected by an amendment to this Contract to be mutually agreed
between the Parties hereto.

Article 24 – Audits and investigations

24.1 Each invoice paid by FAO shall be subject to a post-payment audit by auditors, whether
internal or external, of FAO or by other authorized and qualified agents of FAO at any time
during the term of the Contract and for a period of two (2) years following the expiration or
prior termination of the Contract. FAO shall be entitled to a refund from the Contractor for
any amounts shown by such audits to have been paid by FAO other than in accordance with
the terms and conditions of the Contract.

24.2 The Contractor acknowledges and agrees that, from time to time, FAO may conduct
investigations relating to any aspect of the Contract or the award thereof, the obligations
performed under the Contract, and the operations of the Contractor generally relating to
performance of the Contract. The right of FAO to conduct an investigation and the
Contractor’s obligation to comply with such an investigation shall not lapse upon expiration
or prior termination of the Contract.

24.3 The Contractor shall provide its full and timely cooperation with any such inspections, post-
payment audits or investigations. Such cooperation shall include, but shall not be limited to,
the Contractor’s obligation to make available its personnel and any relevant documentation
for such purposes at reasonable times and on reasonable conditions and to grant to FAO access
to the Contractor’s premises at reasonable times and on reasonable conditions in connection
with such access to the Contractor’s personnel and relevant documentation. The Contractor
 Contract No. 20/050/W
Page 40 of 72
shall require its agents, including, but not limited to, the Contractor’s attorneys, accountants
or other advisers, to reasonably cooperate with any inspections, post-payment audits or
investigations carried out by FAO hereunder.

Article 25 – Limitation on actions

25.1 Except with respect to any indemnification obligations in Article 9, above, or as are otherwise
set forth in the Contract, any conciliation proceedings in accordance with Article 20 above,
arising out of the Contract must be commenced within twelve (12) months after the cause of
action has accrued.

25.2 The Parties further acknowledge and agree that, for these purposes, a cause of action shall
accrue when the breach actually occurs, or, in the case of latent defects, when the injured
Party knew or should have known all of the essential elements of the cause of action, or in
the case of a breach of warranty, when tender of delivery is made, except that, if a warranty
extends to future performance of the goods or any process or system and the discovery of the
breach consequently must await the time when such goods or other process or system is ready
to perform in accordance with the requirements of the Contract, the cause of action accrues
when such time of future performance actually begins.

Article 26 – Essential terms

The Contractor acknowledges and agrees that each of the provisions in Articles 27 to 35 hereof
constitutes an essential term of the Contract and that any breach of any of these provisions shall
entitle FAO to terminate the Contract or any other contract with FAO immediately upon notice to the
Contractor, without any liability for termination charges or any other liability of any kind.

Article 27 – Source of instructions

The Contractor shall neither seek nor accept instructions from any authority external to FAO in
connection with the performance of its obligations under the Contract. Should any authority external
to FAO seek to impose any instructions concerning or restrictions on the Contractor’s performance
under the Contract, the Contractor shall promptly notify FAO and provide all reasonable assistance
required by FAO. The Contractor shall not take any action in respect of the performance of its
obligations under the Contract that may adversely affect the interests of FAO, and the Contractor
shall perform its obligations under the Contract with the fullest regard to the interests of the FAO.

Article 28 – Officials not to benefit

The Contractor warrants that it has not and shall not offer to any representative, official, employee,
or other agent of FAO any direct or indirect benefit arising from or related to the performance of the
Contract or of any other contract with FAO or the award thereof or for any other purpose intended to
gain an advantage for the Contractor.

Article 29 – Observance of the law

The Contractor shall comply with all laws, ordinances, rules, and regulations bearing upon the
performance of its obligations under the Contract. The Contractor shall promptly correct any
violations thereof and shall keep FAO informed of any conflict or problem arising in relation to
 Contract No. 20/050/W
Page 41 of 72
national authorities. In addition, the Contractor shall maintain compliance with all obligations
relating to its registration as a qualified vendor of goods or services to FAO, as such obligations are
set forth in FAO vendor registration procedures.

Article 30 – Labor

30.1 The Contractor shall:

30.1.1 respect the prohibition of forced or compulsory labour in all its forms;
30.1.2 respect the freely exercised right of workers, without distinction, to organize, to
further and defend their interest as well as the protection of those workers who
exercise their right to organize;
30.1.3 ensure equality of opportunity and treatment in respect of employment and
occupation; and
30.1.4 ensure fair and reasonable conditions of safety, health and welfare.
30.2 The Contractor represents and warrants that neither it, its parent entities (if any), nor any of
the Contractor’s subsidiary or affiliated entities (if any) is engaged in any practice inconsistent
with the rights set forth in the Convention on the Rights of the Child, including Article 32
thereof, which inter alia, requires that a child shall be protected from performing any work
that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the
child’s health or physical, mental, spiritual, moral or social development.

Article 31 – Mines

The Contractor represents and warrants that neither it, its parent entities (if any), nor any of the
Contractor’s subsidiaries or affiliated entities (if any) is engaged in the sale or manufacture of anti-
personnel mines or components utilized in the manufacture of anti-personnel mines.

Article 32 – Sexual exploitation

The Contractor shall take all appropriate measures to prevent sexual exploitation or abuse of any
direct beneficiary of the FAO projects or programmes receiving the goods or services provided under
this Contract, or to any persons related to such beneficiaries, by its employees or any other persons
engaged and controlled by the Contractor to perform any services under the Contract. For these
purposes, sexual activity with any person less than eighteen years of age, regardless of any laws
relating to consent, shall constitute the sexual exploitation and abuse of such person. In addition, the
Contractor shall refrain from, and shall take all reasonable and appropriate measures to prohibit its
employees or other persons engaged and controlled by it from exchanging any money, goods,
services, or other things of value, for sexual favors or activities, or from engaging in any sexual
activities that are exploitive or degrading to any direct beneficiary of the FAO projects or
programmes receiving the goods or services provided under this Contract, or to any persons related
to such beneficiaries.

Article 33 – Terrorism

The Contractor agrees to undertake all reasonable efforts to ensure that none of the funds received
from FAO under this Contract are used to provide support to individuals or entities:
 Contract No. 20/050/W
Page 42 of 72
33.1 associated with terrorism, as included in the list maintained by the Security Council
Committee established pursuant to Resolutions1267 (1999) and 1989 (2011); or

33.2 that are the subject of sanctions or other enforcement measures promulgated by the United
Nations Security Council.

Article 34 – Sanctionable actions

34.1 The Contractor shall observe the highest standard of ethics and will certify that it has not and
will not engage in Sanctionable Actions during the selection process and throughout the
negotiation and execution of this Contract. The Contractor expressly agrees to abide by the
UN Supplier Code of Conduct.

34.2 FAO, without prejudice to any other rights or remedies it may possess, may terminate the
Contract forthwith if the Contractor, in the judgment of FAO, has engaged in Sanctionable
Actions during the selection process or in negotiating or executing this Contract, and as
appropriate, impose sanctions, as per the prevailing Sanctions Procedures
(http://www.fao.org/fileadmin/user_upload/procurement/docs/FAO_Vendors_Sanctions_Po
licy_-_Procedures.pdf), and request full or partial restitution of sums previously paid by FAO
under this Contract. FAO may also share information on the sanctioned Contractor with other
Intergovernmental or UN Organizations.

34.3 For the purpose of this Article, Sanctionable Actions are defined as follows: “Corrupt
practice” means the offering, giving, receiving or soliciting, directly or indirectly, of anything
of value whether tangible or intangible to improperly influence the actions of another party;
“Fraudulent practice” means any act or omission, including misrepresentation that knowingly
or recklessly misleads, or attempts to mislead, a party to obtain a financial and/or other benefit
and/or to avoid an obligation; “Collusive practice” is an arrangement between two or more
parties designed to achieve an improper purpose, including influencing improperly the actions
of another party; “Coercive practice” is impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to influence improperly the
actions of a party; “Unethical practice” is any act or omission contrary to the conflict of
interest, gifts and hospitality or post-employment FAO policy
(http://www.fao.org/unfao/procurement/codedeconduitethique/en/), as well as any provisions
or other published requirements of doing business with the Organization, including the UN
Supplier Code of Conduct; and “Obstructive practice” is an act or omission by a Third Party
that may prevent or hinder the work of Investigation Unit of the FAO Office of the Inspector
General.

Article 35 – Disclosure of sanctions or temporary suspension

The Contractor should not be suspended, debarred, or otherwise identified as ineligible by any
Intergovernmental or UN Organization, including any organization within the World Bank Group or
any multi-lateral development bank, or by the institutions and bodies of economic integration
organizations (e.g., the European Union). The Contractor is therefore required to disclose to FAO
whether itself, or any of its affiliates or agents, is subject to any sanction or temporary suspension
imposed by any such organization or National Authority at any time during the three years prior to
this Contract and at any time throughout the execution of this Contract. The Contractor recognizes
 Contract No. 20/050/W
Page 43 of 72
that a breach of this provision will entitle FAO to terminate its Contract with the Contractor, and that
material misrepresentations on its status constitute a fraudulent practice.

Article 36 – Collaboration with certain countries

FAO reserves the right to communicate in writing to the Contractor, countries from which no goods
or services shall be purchased directly or indirectly for purposes of delivery, distribution, installation,
or use under this Contract. These communications shall be deemed a condition of this Contract and
be incorporated by the Contractor in any contracts with authorized subcontractors.

Article 37 – Notices and communications

All notices and other binding communications shall be in English, or the language of the Contract,
and shall be deemed to be validly given if sent by registered mail, by fax or by email with return
receipt to the other Party at the address or numbers of either Party as indicated in the Contract.
 
Signed on behalf of:

THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS:

 
 
 
Name:
 
Title: Date:
 
 
Signed on behalf of:

THE CONTRACTOR

Name:

Title: Date:
Contract No. 20/050/W
Page 44 of 72
 
 
 

ANNEXES I-X
 Contract No. 20/050/W Annex I
Page 45 of 72
 
ANNEX I. STATEMENT OF WORKS, SERVICES AND SPECIFICATIONS

A. INTRODUCTION

This action is funded by SIDA and is expected to substantially increase the resilience of vulnerable people’s
livelihoods to food crisis by addressing key underlying causes of vulnerability in Middle Shabelle, within
Somalia’s breadbasket. The area faces recurrent drought, flooding, non-functioning irrigation infrastructure,
widespread insecurity and access challenges that impede farmers’ production, related supply chains and
market potential. It is against this backdrop the main vulnerability is being addressed by the project which
centers on water access, management and productive use.

B. CONTRACT OBJECTIVES

This project is aimed at increasing resilience of livelihoods to threats and crisis. The rehabilitation of rural
infrastructure foreseen under this project is a precursor to building resilient farming communities and
livelihoods in Middle Shabelle. It will restore water supply from the Shabelle River – along the eastern edge
of Somalia’s breadbasket – through to smaller canals where highly vulnerable smallholder farmers are located.
Most farmers in the project area of Jowhar have lacked reliable access to irrigation water for decades (since
civil war in the 1990s). This has made them more vulnerable to drought and dependent on rainfed production
– diminishing the type and volume of crops they can produce.

Location:

Jowhar is the capital city of Hirshabelle State of Somalia and is also the administrative capital of Middle
Shabelle region. Jowhar is about 90 km North of Mogadishu and by road driving, it takes 2hours 40mins. The
road from Mogadishu to Jowhar is fairly good murram, and the road is motorable.

Coordinates:

Lat: 45°30'32.65"E | Long: 2°46'46.60"N

C. SPECIFICATIONS OF WORKS TO BE DONE:

The Weydow primary canal to be rehabilitated is 14.15kM long and has been divided into 2 lots which are
analyzed below.

LOT 1: CANAL REHABILITATION (Chainage 0 – 14.15km)

- Canal Rehabilitation (Chainage 0 – 14.15km)

Works involve excavation of Weydow Primary Irrigation Canal for a length of 14.15kM by mechanical means. The
canal section is in a trapezoidal shape with a uniform top width of 8m, a bottom width of 4m and a depth of 2.5m. The
excavated soil should be deposited and distributed uniformly on either side of existing canal embankments and
compacted in 300mm layers at Optimum Moisture Content (OMC) to attain 95% Maximum Dry Density (MDD). Other
dimensions to be referred to provided drawings. The canal and embankment side slopes shall be 1:1.25. Eroded sections
of a canal should be rebuilt to the original shape. Compact canal bed and berm using a compactor to obtain required
OMC & MDD.
 Contract No. 20/050/W Annex I
Page 46 of 72
 
LOT 2: CANAL ACCESSORIES (Chainage 0 - 14150m)

- CONSTRUCTION OF WEYDOW CANAL INTAKE WITH GATES AND CROSSING (Chainage 0m):
This will involve demolition, disposal of 12m x 8 m existing intake with two gates, compaction of hardcore,
construction of culvert walls 300mm thick, 250mm thick slab reinforced with Y12 bars, 150mm height
stepping platform and 2m long and 1m wide reinforced Y12 bars spaced at 200mm running on both direction
and both faces. Provision of Ø50mm PVC weep holes and installation Ø50mm class B GI balustrades as per
the attached drawings and BoQs

- REHABILITATION OF ISKAR-BUUNDO CROSSING (Chainage 750m):

This will involve construction of 150mm RCC (1:2:4) slab on the existing deck slab, construction of culvert
walls 300mm thick, hardcore compaction and repair of cracks

- CONSTRUCTION OF BULA-SEY NEW VEHICLE CANAL CROSSING CULVERT (Chainage 2050m):

This will involve excavation 9m wide x 11m long and 3.5m deep trenches for strip footings, compaction of
hardcore, construction of culvert walls 300mm thick, 250mm thick slab reinforced with Y12 bars, 150mm
height stepping platform and 2m long and 1m wide reinforced Y12 bars spaced at 200mm running on both
direction and both faces. Provision of Ø50mm PVC weep holes and installation Ø50mm class B GI
balustrades as per the attached drawings and BoQs

- CONSTRUCTION OF BUUNDO NOOBO NEW VEHICLE CANAL CROSSING CULVERT (Chainage 5600m):
This will involve excavation 9m wide x 11m long and 3.5m deep trenches for strip footings, compaction of
hardcore, construction of culvert walls 300mm thick, 250mm thick slab reinforced with Y12 bars, 150mm
height stepping platform and 2m long and 1m wide reinforced Y12 bars spaced at 200mm running on both
direction and both faces. Provision of Ø50mm PVC weep holes and installation Ø50mm class B GI
balustrades as per the attached drawings and BoQs

- REHABILITATION OF BUUNDO CAMBAHA CROSSING (Chainage 6675m):

This will involve construction of 150mm RCC (1:2:4) slab on existing deck slab, construction of culvert walls
300mm thick, compaction of hardcore. Provision of Ø50mm PVC weep holes and installation Ø50mm class
B GI balustrades as per the attached drawings and BoQs

- CONSTRUCTION OF SHAMIITO NEW FOOT CANAL CROSSING CULVERT (Chainage 6750m):

This will involve excavation 9m wide x 5.4m long and 3.53m deep trenches for strip footings, compaction of
hardcore, construction of culvert walls 300mm thick, 250mm thick slab reinforced with Y12 bars, 150mm
height stepping platform and 2m long and 1m wide reinforced Y12 bars spaced at 200mm running on both
direction and both faces. Provision of Ø50mm PVC weep holes and installation Ø50mm class B GI
balustrades as per the attached drawings and BoQs

- REHABILITATION OF DALMO CROSSING (Chainage 7710m):

This will involve raising of crossing with RCC slab and cast 150mm (1:2:4) slab on the existing deck slab,
construct 40m long, 600m high and 300mm thick PCC (1:2:4) wing/cub walls both upstream and downstream
on each side. compaction of hardcore 300m thick. Provision of Ø50mm PVC weep holes and installation
Ø50mm class B GI balustrades as per the attached drawings and BoQs.
 Contract No. 20/050/W Annex I
Page 47 of 72
 
The details of the works to be done are provided in the Annex II: Bill of Quantities and the drawings attached.
 
 
Drawings: Drawings are attached as Appendix 1 of Annex I.
Contract No. 20/050/W Annex I
Page 48 of 72
 
 
 
Appendix 1: Specifications of Construction Materials and Work
 
GENERAL SPECIFICATIONS
 
A. GENERAL ITEMS
 
A.1 Materials Generally
 
 
All materials used on the Works shall be new and of the qualities and kinds specified herein and
equal to approved samples. Deliveries shall be made sufficiently in advance to enable samples to
be taken and tested if required. No materials shall be used until approved and all materials which
are not approved or which are damaged, contaminated or have deteriorated in any way or do not
comply in any way with the requirements of this Specification shall be rejected and shall be
immediately removed from the Site at the Contractor's expense.
 
A.2 Materials for which there is a Local Standards Specification
 
All materials used in the Works for which there is a local or British Standard Specification as
been published, shall conform with the latest edition thereof in every way. The Architect
reserves the right to demand that the Contractor shall obtain at his own expense a certificate in
respect of any materials to state that is in accordance with the Local or British Standard
Specification.
 
A.3 Materials for which there is no Local Standards Specification
 
All materials used in the works for which no Local Standards Specification has been published
shall conform with the British standards specification for such materials. If there are no
published standards and specified for any materials, the quality of such materials shall be generally
of a standard equal to those for which there is a Local or British Standard Specification.
 
B. EXCAVATIONS AND EARTHWORK
 
B.1 Site Clearance
 
 
Site clearance shall include the cutting down of all trees, stamps, bushes, vegetation and rubbish,
burning the debris arising in approved locations and carting remaining material to a tip provided by
a Contractor
 
B.2 Nature of the soil
 
The Contractor is advised to visit the site and to have ascertain the nature of the ground to be
excavated and he shall price accordingly and no claim will be allowed for want knowledge in
this respect. Rates for excavation shall include for excavation in soil, earth, black cotton, sandy soil,
murram, tuff, soft rock, boulders or whether other sub soil is encountered except hard rock as
defined below.
 
B.3 Foundation excavations
 
a) The foundation trenches and column bases shall be excavated to the widths and Depths of
the concrete foundations shown on the drawings or to such widths and depths as the Supervising
Engineer may instruct after examination of the excavation.
Contract No. 20/050/W Annex I
Page 49 of 72
 
 
b) If the Contractor excavates to any greater depths than shown in the drawings or as
instructed by the Supervising Engineer, then he shall at his own expense fill in such extra depth
of excavation with concrete as specified for the foundations to the satisfaction of the Supervising
Engineer. The Contractor shall not be paid for the cost of any excavation executed deeper or
wider than shown on the drawings.
 
B.4 Surplus Soil Disposal
Excavated material not required for subsequent refilling shall be removed to areas off site which
shall be approved by supervisor at no additional cost.
 
B.5 Filling under surface beds in building
 
1) Hardcore filling
 
 
Hardcore filling shall be crushed rock, broken concrete or other approved Granular materials broken
to pass not greater than a 150 mm ring or to be 75% of the finished thickness of the layers
being compacted whichever is the less and graded so that it can be easily and thoroughly compacted
by rolling. The filling is to be in the layers each of a consolidated thickness not exceeding 230 mm.
 
C. CONCRETE WORK
 
C.1 Water
 
 
The water used for mixing concrete shall be clean, fresh and free from harmful matter. It shall
contain no soil.
 
C.2 Cement
 
Cement unless otherwise specified shall be ordinary Portland cement of a brand and source
approved by the Supervising Engineer. A manufacturer’s certificate may be required to be
supplied for each consignment delivered to the site.
 
C.3 Sand
 
Sand used for concrete works shall be clean and of good sharp hard quality. It shall be free from
lumps of stone, earth, loam, dust, salt, organic matter and other deleterious substances. If any of
these materials are noted, it shall be passed through a fine sieve to remove all unnecessary matter
as directed by the Supervising Engineer. Preferably sand gotten from the river shall be used for
all concrete where reinforcement shall be used. If sand from the sea shall be used, it must be
thoroughly cleaned with river water to wash out all the salts.
 
C.4 Aggregate
 
Aggregate used shall be 20 mm to 35 mm size. It shall be delivered to the site in their prescribed
sizes or gradings and shall be kept on soil free surface to avoid intermixing. Aggregates shall not
be bought site mixed with the sand. On no account shall aggregates be kept on free earth surface.
Contract No. 20/050/W Annex I
Page 50 of 72
 
 
C.5 Measurement of materials for concrete works
 
All materials shall be measured by weight. The concrete mixes are mass basis.
 
C.6 Faulty Concrete
 
Any concrete which fails to comply with these preambles, or which shows signs or settings
before it is placed small be taken out and removed from the bite, where concrete is round to be
defective after it as set the concrete shall be cut out and replaced in accordance with the Supervising
Engineer’s instructions. On n o a c c o u n t s s h a l l a n y f a u l t y , h o n e y c o m b e d , o r
otherwise defective concrete be repaid or patched until the Supervising Engineer has made an
inspection and issued instructions for the repair.
 
C.7 Steel reinforcement
 
The steel reinforcement shall be mild steel with a minimum of 250N/mm tensile strength.
 
C.8 Fixing Steel Reinforcement
 
Reinforcement shall be accurately bent to the shapes and dimensions shown on the drawings and
schedules. Reinforcement must be cut and bent cold and no welded joints will be permitted. Placing
of steel bars must ensure that the bars receive a minimum of 50mm of concrete cover.
 
C.9 Formwork
 
The method and system of formwork which the Contractor propose to use shall be approved by
the Supervising Engineer before the Construction commences. Formwork shall be subsequently and
rigidly constructed of timber, steel, plastic, precast concrete or other approved material.
All timber framework shall be good, sound, clean, sawn, well-seasoned timber free from warps and
loose knots and of scantlings strong for their purpose.
 
D ROOFING
 
D.1 Sheeting roofing generally
 
All sheet coverings shall be laid away from the prevailing weather i.e. the exposed edge of the
top most sheet to be on its leeward side.
 
D.2 Steel sheet roofing
 
Corrugated steel sheets shall be in accordance to specified gauges specified, laid with 1½
corrugation side laps and 150 mm end laps. Sheets are to be properly stacked on battens and if
kept in the open are to be stacked inclined to facilitate run-off of rainwater.
 
D.3 Insect damage
 
All timber, whether graded or upgraded and including shattering, scaffolding and the like shall
be free of live borer, beetle or other insect attack when brought upon the site. The Contractor
shall be responsible up to the end of the maintenance period for executing at his own cost all
work necessary to eradicate insect attack of timber which becomes evident including the
replacement of timbers attacked, notwithstanding that the timber concerned may have been
inspected and passed as fit for use.
  Annex I
Contract No. 20/039/W Page 6 of 11
 
D.4 Seasoning of timber
 
All timbers for the roofing shall be seasoned to an average moisture content of not more than
20%.
 
D.5 Pressure Impregnated Timber
 
The timber shall not be exposed to wet conditions. All cuts ends, drilling or fabrications on the
site producing new surfaces shall be thoroughly cleaned and coated with oil preservative.
 
E. WORKMANSHIP
 
E.1 Manufacturers instructions
 
All materials shall be used strictly in accordance with instructions issued by the manufacturers
concerned.
 
 
E.2 Inspections
 
 
The Contractor shall give written notices to the Supervising Engineer for the purpose of
inspection and measurement, whenever sections of:-
Excavations are completed
Reinforcement’s bars are fixed ready for fixing
Reinforcement bars have been fixed and ready for concreting
 
F. PROTECTION
 
F.1 Existing services
Before commencing works the Contractor shall at his own expense ascertain in writing from the
relevant local authorities and all other public bodies, companies and persons who may be affected,
the position and the depths of their respective ducts, cables, mains, or pipes and appurtenance. He
shall thereupon search for and locate such services. Location of all active existing services shall
be marked adequately and protected from damage. Inactive services may be removed or sealed
off in accordance with the agreement with the local authorities.
 
 
 
F.2 Protection
 
The Contractor shall protect all the graded and filled areas from action of the construction. Any
settlement or washing away that occurs prior to acceptance of the works shall be repaired and
surface re-established to the required elevations and slopes.
 
 
 
Drawings:
 
The m a p s a n d drawings relating to the Works follow on the next 19
pages.
 45.4° E 45.425° E 45.45° E 45.475° E 45.5° E 45.525° E 45.55° E 45.575° E 45.6° E
Gulf of Aden
SOMALIA
BRiMS PROJECT CANALS COMMAND AREAS
Map Location
Ethiopia

2.85° N

ia
al
m
So

an
ce
O
Kenya

n
dia
In
2.825° N
Jowhar

2.8° N
Main Canal Command Area (ha)
Jowhar
Goomey 3,029
Jowhar
Shabelle
Buri 5,070
Kaluundi 4,042
(
!

2.775° N
Labaa 333
Weydow 6,266
Total 18,740

2.75° N
Legend
Balcad
Major Towns

2.725° N
(
!

Labaa Canal Command Area

Weydow Canal Command Area

Balcad
Kaluundi Canal Command Area

Buri Canal Command Area

2.7° N
Goomey Canal Command Area
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS
User Community45.525° E
District boundary
45.4° E 45.425° E 45.45° E 45.475° E 45.5° E 45.55° E 45.575° E 45.6° E

Data Source: FAO

Map Ref: SOM_VALUECHAIN_AOIs_09112019LS
Date Created: 11/11/2019
The updating of SOMALIA canal network dataset is currently ongoing at FAO-
SWALIM.Therefore the dataset displayed in this map is not in its final version. Contact: swalim@fao.org
The detection and digitization of Canals is being done using Very High Resolution Satellite Website: www.faoswalim.org
imagery provided by ©Digital Globe. The boundaries and names and the designations used on

0 1 2 Km ± this map do not imply official endorsement or acceptance

by the United Nations.
 45.4917° E (Jowhar
45.5°
! E 45.5083° E 45.5167° E 45.525° E 45.5333° E 45.5417° E 45.55° E 45.5583° E 45.5667° E 45.575° E 45.5833° E 45.5917° E
Gulf of Aden
SOMALIA
WEYDOW MAIN CANAL & SECONDARIES

Raqeyga

Dalay

2.775° N
Buunshole Fanax Canbaha Shamiito Ethiopia
Map Location

ia
Omar Shabele

2.7667° N

al
m
So
Ali Jowle Idow Garas Fooday

an
ce
O
n
ia
2.7583° N

d
Kenya

In
Ahmed abaar

Jowhar

Bulo Seey
Yacluul Canal

2.75° N
Shimbirow Scheme
Shanfarood No Canal Type Name Length
Suuf Harir Name
(km)
1 Main Canal Weydow 16.4
Taakow 2 Ali Malsay 1.1
Mohamed Dahir Dalamo 3 Fooday 2.3

2.7417° N
Weydow
4 Shamiito 2.3
5 Raqeyga 0.6
6 Suuf Harir 2.3
Farole 7 Abdi Shulush 2.3
8 Buunshole 2.3
9 Ahmed abaar 1.2
Ali Nuurow

2.7333° N
10 Farole 2.3
11 Mohamed Dahir 2.4
Cabaas Ahmed Dahir 12 Shimbirow 2.3
13 Omar Shabele 2.3
Ali Malsay Muktar Hayle
14 Dalay 0.8 Jowhar
Shabelle
15 Ahmed Dahir 2.3 Sugar
Secondary

2.725° N
16 Shanfarood 2.4 Estate
Mohamed Ali Abdi Shulush 17 Cabaas 2.4
18 Mohamed Ali 2.4
19 Fanax 1.2
20 Nuur Dhere 2.1
21 Muktar Hayle 2.5

2.7167° N
Nuur Dhere 22 Ali Nuurow 2.2
23 Ali Jowle 2.1
24 Idow Garas 1.1
25 Dalamo 2.4
26 Bulo Seey 4.7
27 Canbaha 0.7

2.7083° N
28 Yacluul 1.1
29 Taakow 2.3

Balcad
Command Area Size 6,266 ha

Legend

2.7° N
(
! Major Towns

Primary

Secondary

2.6917° N
Shabelle River

Weydow Command Area

Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and
45.4917° E 45.5° E 45.5083° E 45.5167° E 45.525° E 45.5333° E theEGIS User45.55°
45.5417° Community
E 45.5583° E 45.5667° E 45.575° E 45.5833° E 45.5917° E District boundary

Data Source: FAO

Map Ref: SOM_VALUECHAIN_WEYDOW_CANALS_09112019LS
Date Created: 11/11/2019
The updating of SOMALIA canal network dataset is currently ongoing at FAO-
SWALIM.Therefore the dataset displayed in this map is not in its final version. Contact: swalim@fao.org
The detection and digitization of Canals is being done using Very High Resolution Satellite Website: www.faoswalim.org
imagery provided by ©Digital Globe. The boundaries and names and the designations used on

0 1 2 Km ± this map do not imply official endorsement or acceptance

by the United Nations.
 WEYDON MAIN AND SECONDARY CANALS

Weydon Main Canal Points

Weydon Secondary Canals Points
Weydon Main Canal
Weydon Secondary Canals
Canal Command Area (6,302 ha)
Google Hybrid
 WEYDOW PRIMARY CANAL PROFILE
99.50
Vehicle Crossing Vehicle Crossing
REDUCED LEVELS (M)

99.00
98.50
98.00
Cambaha Crossing
97.50
97.00
96.50 Intake Point at CH0
96.00
95.50
0

400

800

2600

3000

3400

3800

4200

4600

5000

5400

5800

6200

6600

7000

7400

7800

8200

8600

9000

9400

9800

11200

11600

12000

12400

12800

13200

13600

14000
200

600

1000
1200
1400
1600
1800
2000
2200
2400

2800

3200

3600

4000

4400

4800

5200

5600

6000

6400

6800

7200

7600

8000

8400

8800

9200

9600

10000
10200
10400
10600
10800
11000

11400

11800

12200

12600

13000

13400

13800
CHAINAGES (M)

Existing RL of Canal Bed Final Proposed RL of Canal Bed

CS 0M CS 250M
100.5 100
100
99.5 99.5
99
98.5 99

98
CS 0M CS 250M
97.5 98.5

97
96.5 98

96
95.5 97.5
-8 -6 -4 -2 0 2 4 6 8 -6 -4 -2 0 2 4 6

CS 500M CS 750M
100.5 101

100 100.5

99.5 100

99 99.5
CS 500M CS 750M
98.5 99

98 98.5

97.5 98

97 97.5
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 1000M CS 1250M
102 102

101.5 101.5

101 101

100.5 100.5

CS 1000M CS 1250M
100 100

99.5 99.5

99 99

98.5 98.5
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 1500M CS 1750M
102.5 102.5

102 102

101.5 101.5

101 101
CS 1500M 100.5 CS 1750M
100.5

100 100

99.5 99.5

99 99
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6
 CS 2000M CS 2250M
102.5 103

102 102.5

101.5 102

101 101.5
CS 2000M CS 2250M

100.5 101

100 100.5

99.5 100
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 2500M CS 2750M
103
102.8
102.6
102.5
102.4
102.2
102
102
101.8
101.5
CS 2500M 101.6 CS 2750M
101.4
101
101.2
100.5 101
100.8
100 100.6
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 3000M CS 3250M
103.5 103.5

103
103
102.5
102.5
102
CS 3000M CS 3250M
102
101.5

101.5 101

101 100.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 3500M CS 3750M
103.5 104

103.5
103

103
102.5
102.5
CS 3500M CS 3750M
102
102

101.5 101.5

101 101
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 4000M CS 4250M
104.5 104

104 103.5

103.5 103

CS 4000M CS 4250M
103 102.5

102.5 102

102 101.5
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6
 CS 4500M CS 4750M
104
103.6
103.5 103.4
103.2
103 103
102.8
CS 4500M CS 4750M
102.5 102.6
102.4
102 102.2
102
101.5 101.8
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 5000M CS 5250M
104 103.9
103.8
103.5 103.7
103.6
103 103.5

CS 5000M 103.4
CS 5250M
102.5 103.3
103.2
102 103.1
103
101.5 102.9
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 5500M CS5750M
104 104

103.5 103.5

103 103

CS 5500M CS5750M
102.5 102.5

102 102

101.5 101.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 6000M CS 6250M
103.4 104
103.2
103 103.5
102.8
102.6 103
102.4
CS 6000M CS 6250M
102.2 102.5
102
101.8 102
101.6
101.4 101.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 6500M CS 6750M
103.6 104
103.4
103.5
103.2

103 103
102.8
CS 6500M CS 6750M
102.5
102.6

102.4
102
102.2

102 101.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5
 CS 7000M CS 7250M
104 104
103.8 103.8
103.6 103.6
103.4
103.4
103.2
103.2
103
103
102.8 CS 7000M CS 7250M
102.6 102.8
102.4 102.6
102.2 102.4
102 102.2
101.8 102
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 7500M CS 7750M
103.8 103.4
103.6 103.2
103.4 103
103.2 102.8
103 102.6
102.8 102.4
CS 7500M CS 7750M
102.6 102.2
102.4 102
102.2 101.8
102 101.6
101.8 101.4
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 8000M CS 8250M
103.5
103
102.8
103 102.6
102.4
102.5 102.2
102
CS 8000M CS 8250M
102 101.8
101.6
101.5 101.4
101.2

101 101
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 8500M CS 8750M
103.5 103
102.8
103 102.6
102.4
102.5 102.2
102
CS 8500M CS 8750M
102 101.8
101.6
101.5 101.4
101.2
101 101
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 9000M CS 9250M
102.8 103
102.6
102.4 102.5
102.2
102 102
101.8
CS 9000M CS 9250M
101.6 101.5
101.4
101.2 101
101
100.8 100.5
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6
 CS 9500M CS 9750M
102.2 102.5
102
102
101.8
101.6 101.5
101.4
101.2 101
CS 9500M CS 9750M
101
100.5
100.8
100.6 100
100.4
100.2 99.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 10000M CS 10250M
101.5 99.8
99.6
101
99.4
99.2
100.5
99
100 98.8
CS 10000M CS 10250M
98.6
99.5 98.4
98.2
99
98
98.5 97.8
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 10500M CS 10750M
98.8 98.1
98.75 98.08

98.7 98.06
98.04
98.65
98.02
98.6
98
98.55 CS 10500M CS 10750M
97.98
98.5
97.96
98.45 97.94
98.4 97.92
98.35 97.9
-4 -3 -2 -1 0 1 2 3 4 -6 -4 -2 0 2 4 6

CS 11000M CS 11250M
97.5 98
97.8
97 97.6
97.4
96.5
97.2
CS 11000M 97 CS 11250M
96
96.8
95.5 96.6
96.4
95 96.2
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6

CS 11500M CS 11750M
98.4 98
98.2
97.8
98
97.6
97.8
97.6 97.4
97.4 CS 11500M CS 11750M
97.2
97.2
97
97
96.8 96.8

96.6 96.6
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5
 CS 12000M CS 12250M
98.4 98.2
98.2 98

98 97.8

97.8 97.6

97.6 97.4
CS 12000M CS 12250M
97.4 97.2

97.2 97

97 96.8

96.8 96.6
-4 -3 -2 -1 0 1 2 3 4 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 12500M CS 12750M
97
97
96.9 96.8
96.8
96.7 96.6
96.6 96.4
96.5
96.4 CS 12500M 96.2 CS 12750M
96.3
96
96.2
96.1 95.8
96
95.6
95.9
-4 -3 -2 -1 0 1 2 3 4
-4 -3 -2 -1 0 1 2 3 4

CS 13000M CS 13250M
96.5 96.5
96.4 96.4
96.3 96.3
96.2 96.2
96.1 96.1
96 96
CS 13000M CS 13250M
95.9 95.9
95.8 95.8
95.7 95.7
95.6 95.6
95.5 95.5
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 13500M CS 13750M
95.6 96.2
95.5 96
95.4 95.8
95.3
95.6
95.2
95.4
95.1 CS 13500M CS 13750M
95.2
95
95
94.9
94.8 94.8

94.7 94.6
-6 -4 -2 0 2 4 6 -5 -4 -3 -2 -1 0 1 2 3 4 5

CS 14000M CS 14150M
96.2 96.1

96
96
95.9
95.8
95.8
95.6 95.7
CS 14000M CS 14150M
95.6
95.4
95.5
95.2
95.4
95 95.3
-6 -4 -2 0 2 4 6 -6 -4 -2 0 2 4 6
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

2000mm 2000mm
+1.00m +1.00m Canal Embankment

0.0m 8000mm 0.0m

-0.30m freeboard

1 1
1.25 1.25

-2.5m

3000mm 3000mm 2000mm 4000mm 2000mm 3000mm 3000mm

WEYDOW PRIMARY IRRIGATION CANAL CROSS-SECTION

(CHAINAGE 0 - 14150m)

WEYDOW PRIMARY IRRIGATION

CANAL CROSS-SECTION
 VALUE CHAIN PROGRAM (BRiMS PROJECT)
B
600mm thick hardcore
well compacted in 250mm thick of
300mm layers RCC(1:2:4) slab
Road direction

25000mm

250mm thick of
1130mm
RCC(1:2:4) slab

300mm thick of
Steel thread spindle 35mm 2080mm
RCC(1:2:4) slab
diameter thick with steel wheel
400mm diameter of 20mm thick
3060mm steel rods 2810mm 400mm thick of
RCC(1:2:4) slab

A 1100mm Water flow A

300mm 250mm thick of

RCC(1:2:4) slab
8220mm 5250mm 1100mm Water flow 3.9000 8470mm

300mm

1100mm Water flow

400mm thick of
RCC(1:2:4) slab 300mm thick of
700mm RCC(1:2:4) slab
1300mm 4800mm

150mm SHS

1120mm 250mm thick of

RCC(1:2:4) slab Road direction

25000mm
600mm thick hardcore
well compacted in
300mm layers WEYDOW CANAL INTAKE CULVERT
@ 0M

B
3350mm 5000mm 1750mm 2200mm

WEYDOW PRIMARY CANAL INTAKE

(PLAN)
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

35mm dia steel

spindle rod steel wheel 400mm
diameter of 25mm
thick steel rods
6mm thick
of 150 mm
square SHS

100 x 100 x 6 mm
U-shape steel bar 1000mm 15mm thick of PCC
1.450m
for gate railing (1:2:4) curb wall
150mm 50mm dia GI
Pipe Railing
300mm thick of 300mm thick of
RCC(1:2:4) wing wall 15mm thick of PCC RCC(1:2:4) wing wall
(1:2:4) curb wall
1200mm 250mm thick of
RCC(1:2:4) slab
T12@200mm c/c 600mm

300mm

T12@200mm c/c T16@1300mm c/c

(supporting steel)
300mm thick of
RCC(1:2:4) slab
4400mm

3500mm

400mm thick
of RCC(1:2:4)
base slab T16@1300mm c/c T12@200mm c/c
(supporting steel)
400mm
100mm thick
of PCC(1:3:6) 100mm

600mm thick T12@200mm c/c

hardcore well 600mm
compacted in
300mm layers

2500mm 900mm 4400mm 2000mm

9800mm

WEYDOW PRIMARY IRRIGATION CANAL CROSSING CULVERT WITH INTAKE GATES 4.4M WIDE
@CHAINAGE 0
(A-A)
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

50mm dia GI
Pipe Railing 50mm dia GI
Pipe Railing

250mm thick of
R.C(1:2:4)
wing wall 5000mm
600mm
250mm thick of #16 dia steel for
450x300mm thick of reinforcement 250mm
RCC(1:2:4)
R.C(1:2:4) beam slab

600mm 50mm thick 1700mm 450mm 600mm

PCC(1:4:8)
300mm
250mm thick
5000mm R.C(1:2:4) 600mm thick hardcore
of culvert wall 1100mm 1100mm 1100mm 3500mm well compacted
600mm thick hardcore
well compacted
300mm thick R.C(1:2:4)
of culvert base slab

300mm 100mm

100mm thick
PCC(1:4:8) 600mm
600mm thick
hardcore well
compacted 1550mm 1550mm 1550mm
5000mm 2000mm 4650mm 2000mm 5000mm

18650mm

WEYDOW PRIMARY IRRIGATION CANAL CROSSING CULVERT WITH INTAKE GATES @CHAINAGE 0
(B-B)
 VALUE CHAIN PROGRAM (BRiMS PROJECT)
B
600mm thick hardcore
well compacted in
300mm layers

20000mm 600mm thick hardcore

well compacted in
300mm layers
300mm thick of
R.C(1:2:4) slab

1980mm
400mm thick of 2810mm
RCC(1:2:4) slab

400mm thick of
RCC(1:2:4) slab

Water flow 2300mm

Road direction
A A

Main canal

50mm dia GI
pipe railing
Water flow
300mm thick of 2300mm
RCC(1:2:4) slab

2810mm
5.635m 1980mm

2200mm 5610mm 2190mm

WEYDOW VEHICLE CROSSING CULVERTS
600mm thick hardcore
20000mm well compacted in @2050m & 5600m
300mm layers

B
5610mm
Bula-Sey & Buundo Noobo Vehicle Canal Crossing Culverts
(Plan)
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

50mm dia GI 50mm dia GI

Pipe Railing Pipe Railing

300mm thick of
RCC(1:2:4) wing wall 300mm thick of 800mm
RCC(1:2:4) wing wall
15mm thick of PCC
(1:2:4) curb wall
300mm thick of
RCC(1:2:4) slab T12@200mm c/c T16@1300mm c/c 600mm
(supporting steel)

300mm

300mm thick of
RCC(1:2:4) slab

2500mm

400mm thick
of RCC(1:2:4)
base slab T16@800mm c/c T12@200mm c/c
(supporting steel) both way

100mm thick
400mm
of PCC(1:4:8)

600mm thick T12@200mm c/c

100mm
hardcore well 600mm
compacted in
300mm layers

5600mm
10000mm

Vehicle Canal Crossing Culvert

WEYDOW VEHICLE CROSSING CULVERT
(A-A) @2050m & 5600m
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

50mm dia GI
Pipe Railing

300mm thick of 800mm 300mm thick of

RCC(1:2:4) wing wall 15mm thick of PCC RCC(1:2:4) wing wall
(1:2:4) curb wall
300mm thick of 600mm 25000mm long of 600mm thick
25000mm long of 600mm thick T12@200mm c/c
RCC(1:2:4) slab hardcore well compacted in
hardcore well compacted in both way 300mm layers
300mm layers
300mm

T12@200mm 600mm
T12@200mm
c/c both way
c/c both way
300mm thick of
RCC(1:2:4) slab T16@800mm c/c
2300mm (supporting steel) 2500mm
2300mm 1670mm
400mm thick
of RCC(1:2:4) 400mm
base slab T16@800mm c/c
(supporting steel) 400mm 400mm
400mm
100mm thick
of PCC(1:3:6)

600mm thick 100mm

hardcore well 600mm
compacted in
300mm layers

2300mm 2300mm

5800mm

9500mm

Bula-Sey & Buundo Noobo Vehicle Canal Crossing Culvert WEYDOW VEHICLE CROSSING CULVERT
@2050m & 5600m
(B-B)
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

600mm thick hardcore

well compacted in 300mm thick of
B
300mm layers R.C(1:2:4) slab

2000mm
2810mm
400mm thick of
RCC(1:2:4) slab

400mm thick of
RCC(1:2:4) slab

2500mm
Road direction
A A

300mm 5400m 9400mm

50mm dia GI
pipe railing

300mm thick of 2500mm

RCC(1:2:4) slab

2810mm

2000mm

2200mm 2000mm 2200mm

WEYDOW FOOT CROSSING CULVERT

B @6750m
600mm thick hardcore
well compacted in
300mm layers

SHAMIITO NEW FOOT CANAL CROSSING CULVERT 2.0M WIDE

(PLAN)
 VALUE CHAIN PROGRAM (BRiMS PROECT)

50mm dia GI
50mm dia GI
Pipe Railing
Pipe Railing

300mm thick of
RCC(1:2:4) wing wall 300mm thick of 800mm
15mm thick of PCC RCC(1:2:4) wing wall
(1:2:4) curb wall

300mm thick of
RCC(1:2:4) slab 600mm

300mm

T12@200mm c/c
300mm thick of
RCC(1:2:4) slab

2500mm
2000mm
400mm thick
of RCC(1:2:4)
base slab T16@800mm c/c
(supporting steel)

100mm thick
400mm
of PCC(1:4:8)

600mm thick T12@200mm c/c

hardcore well 600mm
compacted in
300mm layers

2200mm 2200mm 2200mm

6600mm
SHAMIITO FOOT CANAL CROSSING CULVERT
WEYDOW FOOT CROSSING CULVERT
(Section A-A) @6750m
 VALUE CHAIN PROGRAM (BRiMS PROJECT)

50mm dia GI
Pipe Railing

300mm thick of 800mm 300mm thick of

RCC(1:2:4) wing wall 15mm thick of PCC RCC(1:2:4) wing wall
(1:2:4) curb wall
200mm thick of 600mm 600mm thick hardcore
T12@200mm c/c well compacted in
RCC(1:2:4) slab
600mm thick hardcore both way
300mm layers
well compacted in
300mm layers 300mm

T12@200mm 600mm
T12@200mm
c/c both way
c/c both way
300mm thick of
RCC(1:2:4) slab T16@800mm c/c
2500mm (supporting steel) 2500mm
2500mm 1670mm
300mm thick
of RCC(1:2:4) 300mm
base slab T16@800mm c/c
(supporting steel) 300mm 300mm
400mm
100mm thick
of PCC(1:3:6)

600mm thick 100mm

hardcore well 600mm
compacted in
300mm layers

2500mm 2500mm

5400mm

9400mm WEYDOW FOOT CROSSING CULVERT

@6750m
SHAMIITO FOOT CANAL CROSSING CULVERT
(Section B-B)
 Contract No. 20/039/W Appendix 2 to Annex I
Page 53 of 72 
 
 
Appendix 2: Minimum Essential Staff (Minimum Qualifications/Experience and Number)
Required for the Implementation of the Works (Per lot).
 
Project Engineers:
At least one (1) Project Engineer with the following minimum qualifications and experience is required
for the successful execution of the Works (Please attach CV):

 Bsc. Degree in Civil Engineering from a reputable University;

 8 years’ experience in construction works (bias in canal/irrigation works) in Somalia;
 Fluency in written and spoken English
 Knowledge/understanding of Somali language an added advantage
 Computer literate in Ms Word, Ms Excel and Internet

Site Foreman:
At least one (1) Site Foreman Full time on site with the following minimum qualifications and
experience is required for the successful execution of the Works (Please attach CV):

 Diploma in Civil Engineering or Water Technology from a reputable institution;

 5 years’ experience in construction works (bias in canal/irrigation works) in Somalia;
 Fluency in written and spoken English
 Knowledge/understanding of Somali language an added advantage
 Computer literate in Ms Word, Ms Excel and Internet
 Good understanding on reading of production technical drawings

Technicians and Artisans:

These staff should be available on demand. The Bidder should demonstrate ability to assemble all
required manpower (surveyors, masons, casuals). The technicians and artisans are required to have good
understanding of the Somali culture and must have demonstrable experience of undertaking similar
building works.
 
 
Appendix 3: Minimum Essential Equipment (Minimum Number per Type) Required for
the Implementation of the Works (Per Lot).

 Bulldozer/Excavator – one (1) unit;

 Backhoe – one (1) unit;
 Concrete Mixer – one (1) unit;
 Vibrator – one (1) unit;
 Pick-up for transport – one (1) unit;
 1 Tonne hand operated Roller Compactor – one (1) unit;
 Transport Truck – one (1) unit;
 Welding Equipment – one (1) set
 Survey Levelling Instrument – one (1) unit;

NOTE: Please state against each equipment whether owned or for-hire

 
 Contract No. 20/050/W Annex II
Page 54 of 72 
 
 

ANNEX II. BILL OF QUANTITIES

REHABILITATION OF WEYDOW PRIMARY IRRIGATION CANAL IN MIDDLE SHABELLE –

HIRSHABELE, SOMALIA
 
 
 
 
 
 

 
 Contract No. 20/050/W Annex II
Page 55 of 72 
HIRSHABELLE STATE IRRIGATION CANALS REHABILITATION - BRiMS

BILL OF QUANTITIES (BOQ)

RATE AMOUNT
ITEM ITEM DESCRIPTION QTY UNIT
(USD) (USD)

WEYDOW PRIMARY IRRIGATION CANAL (14.15kM)

LOT 1: CANAL REHABILITATION (Chainage 0 - 14150m)

1.1 Cast 300mm square columns, 1m high (above) and 1m No 3

(underground) at all the Bench Marks and painted white. These
columns should not be covered with soil until all work has been
completed and approved by FAO

1.2 Excavate Weydow Primary Irrigation Canal for a length of M³ 121,997

14.15kM by mechanical means. The canal section is in a
trapezoidal shape with a uniform top width of 8m, a bottom
width of 4m and a depth of 2.5m. The excavated soil should be
deposited and distributed uniformly on either side of existing
canal embankments and compacted in 300mm layers at
Optimum Moisture Content (OMC) to attain 95% Maximum
Dry Density (MDD). Other dimensions to be referred to
provided drawings. The canal and embankment side slopes
shall be 1:1.25. Eroded sections of a canal should be rebuilt to
the original shape. Compact canal bed and berm using a
compactor to obtain required OMC & MDD.

1.3 Clear all bushes in the area along the canal covering 6m wide M2 169,800
on each side of the canal along the 14.15kM Kalundi Primary
canal. This includes 3m wide berm and 3m wide drive on each
side.

1.4 Move existing embankment soil/earth 3m away from the edge M2 24,763
of canal channel. Create a 3m wide drive along the entire
14.15kM Kalundi Primary canal.

LOT 1: TOTAL FOR CANAL EXCAVATION &

ALIGNMENT CARRIED TO GRAND SUMMARY

LOT 2: CANAL ACCESSORIES (Chainage 0 - 14150m)

BILL No. 1: CONSTRUCTION OF WEYDOW CANAL

INTAKE WITH GATES AND CROSSING (Chainage 0m)

1.5 Demolishing and disposal of 12m x 8 m existing intake with No 1

two gates
 Contract No. 20/050/W Annex II
Page 56 of 72 

1.6 Excavate 13.6m long x 10.6m wide and 4.5m deep trench for M3 649
strip footing and spread spoil along canal as directed by the
supervising engineer.

1.7 Provide, lay and compact 300mm two layers hardcore/stones M3 87

to form foundation of culvert.

1.8 Provide, lay and compact 25m long; 6m wide and 0.6m depth M3 180
of hardcore/stones to each side of the crossing culvert

1.9 Provide, lay and cure PCC 1:3:6 blinding concrete on compact M3 11
hardcore/stones that form foundation of crossing culvert.

1.10 Provide, lay and cure RCC reinforced concrete 1:2:4 mass M3 43
basis on the base slab. The reinforcement shall be Y12 bar with
spacing of 200mm cc on both direction and faces.

1.11 Provide, lay and cure RCC reinforced concrete 1:2:4 mass M3 5
basis on 300mm culvert walls including curb wall. The
reinforcement shall be Y12 bar with spacing of 200mm cc on
both direction and faces.

1.12 Provide, lay and cure RCC reinforced concrete 1:2:4 mass M3 8
basis on 300mm wing wall both upstream and downstream on
each side. The reinforcement shall be Y12 bar with spacing of
200mm cc on both direction and faces.

1.13 Provide, lay and cure RCC reinforced concrete 1:2:3 mass M3 8
basis on 250mm slab. The reinforcement shall be Y12 bar with
spacing of 200mm cc on both direction and faces.

1.14 Provide, lay and cure RCC reinforced concrete 1:2:4 mass M3 0.5
basis to form stepping plat form on the culvert 150mm height,
2m long and 1m wide. The reinforcement shall be Y12 bar
spacing 200mm running on both direction and both faces.

1.15 Provide and fix 50mm Ø PVC pipes for WEEP holes on either ITEM 1
side of walls at 0.5m equal spacing for the 1.75m length

Supply, fabricate and erect Class B GI pipes as described

in:-

1.16 50mm diameter GI pipe ‘B” for protection balustrades M 70

1.17 Provide and fix 150x150x6mm (SHS) 3m long with holes M 6

fitting the gate spindles. The section shall be fixed at level of
the stepping base to hold the wheels that open the gate. The
section shall be painted black with 2 coats of oil based paint

1.18 Provide, fix and test 100mm by 100mm U-shape iron steel to M 30
form rails for the gates. The rails shall be fixed at bottom and
the two sides of the gate opening shall be extended from the
base of the gate to the top of the pillars above the stepping
 Contract No. 20/050/W Annex II
Page 57 of 72 

level. The steel shall be 6mm thick to be painted black with 2

coats of oil based paint. The cost of pillars are in this item.

1.19 Provide, fix and test steel gate plates 1.2m wide, 3.5m high and No 3
6mm thick. The gate plates shall be painted black with 2 coats
of oil based paint. This is subject to site visit during tender to
confirm height of existing gates.

1.20 Provide, fix steel wheel 400mm diameter of 25mm thick steel No 3
rods strengthened with 3 number tie rods 25mm diameter
complete with bearing for opening the gates. The wheel shall
be painted black with 2 coats of oil based paint

1.21 Provide, fix and test 5.5-6.0m long steel thread spindle 35mm M 14
diameter for the opening the gates. Dimension subject to site
suitability and application.

1.22 Provide, lay and cure 70m long, 600mm height and 300mm of M3 13
PCC (1:2:4) wing/curb wall 10m upstream and 25m
downstream on each side. Include reshaping of the intake start
point with backfill for 50mx30m eroded section of the intake.

BILL 1 - TOTAL FOR WEYDOW INTAKE WITH

GATES AND CROSSING CARRIED TO
COLLECTION

BILL No.2: REHABILITATION OF ISKAR-BUUNDO

CROSSING (Chainage 750m)

2.1 Provide, lay and cure 150mm RCC (1:2:4) slab on the existing M3 5
deck slab. The reinforcement shall be a single layer of Y12 bar
with spacing of 200mm c/c both ways. Reconstruct dilapidated
sections of the crossing.

2.2 Provide, lay and cure 18m long, 600mm height and 300mm of M3 3
PCC (1:2:4) wing/curb wall both upstream and downstream on
each side.

2.3 Repair minor cracks and apply 30mm plaster mortar 1:3 on Item 1
all faces of the crossing. Apply approved paint on all faces of
the crossing.

2.4 Provide, lay and compact 300mm of two layers M3 48

hardcore/selected material to form 20m long and 8m wide on
both sides of the culvert.

BILL 2 - TOTAL FOR ISKAR-BUUNDO CROSSING

CARRIED TO COLLECTION

BILL No. 3: BULA-SEY NEW VEHICLE CANAL

 Contract No. 20/050/W Annex II
Page 58 of 72 

CROSSING CULVERT (1 Unit) - (Chainage 2050m)

3.1 Excavate 9.0m wide x 11m long and 3.5m deep trench for strip M3 347
footing and spread spoil along canal as directed by the
supervising engineer

3.2 Provide, lay and compact 300mm two layers hardcore/stones M3 59

to form foundation of culvert

3.3 Provide, lay and compact hardcore/stones to form foundation M3 171

of central body of the structure and to the intake of the primary
canal.

3.4 Provide, lay and cure 50mm thick PCC 1:3:6 blinding concrete M3 10
on compact hardcore/stones that form foundation of crossing
culvert.

3.5 Provide, lay and cure reinforced concrete 1:2:4 mix on the base M3 9
slab. The reinforcement shall be Y12 bar with spacing of
200mm c/c on both direction and faces

3.6 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 17
culvert wall including curb wall. The reinforcement shall be
Y12 bar with spacing of 200mm c/c on both direction and
faces.

3.7 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 12
wing wall both upstream and downstream on each side. The
reinforcement shall be Y12 bar with spacing of 200mm c/c on
both direction and faces.

3.8 Provide, lay and cure reinforced concrete 1:2:4 mix on 250mm M3 9
slab. The reinforcement shall be Y12 bar with spacing of
200mm c/c on both direction and faces.

3.9 Provide and fix 50mm Ø PVC pipes for WEEP holes on Item 1
either side of walls at 0.5m equal spacing for the 1.75m
length

Supply, fabricate and erect Class B GI pipes as described

in:-

3.10 50mm diameter GI pipe ‘B” for protection balustrades 12m M 70

long and 1200mm height; 1000mm apart horizontal and
300mm vertical both sides & firmly anchored to concrete
base of the new bridge.

BILL 3 - TOTAL FOR BULA-SEY VEHICLE

CROSSING CARRIED TO COLLECTION
 Contract No. 20/050/W Annex II
Page 59 of 72 

BILL No. 4: BUUNDO NOOBO NEW VEHICLE

CANAL CROSSING CULVERT (1 Unit) - (Chainage
5600m). Retain existing old structure as animal and human
crossing.
4.1 Excavate 9.0m wide x 11m long and 3.5m deep trench for M3 347
strip footing and spread spoil along canal as directed by the
supervising engineer

4.2 Provide, lay and compact 300mm two layers hardcore/stones M3 59

to form foundation of culvert

4.3 Provide, lay and compact hardcore/stones to form foundation M3 171

of central body of the structure and to the intake of the primary
canal.

4.4 Provide, lay and cure 50mm thick PCC 1:3:6 blinding concrete M3 10
on compact hardcore/stones that form foundation of crossing
culvert.

4.5 Provide, lay and cure reinforced concrete 1:2:4 mix on the base M3 9
slab. The reinforcement shall be Y12 bar with spacing of
200mm c/c on both direction and faces

4.6 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 17
culvert wall including curb wall. The reinforcement shall be
Y12 bar with spacing of 200mm c/c on both direction and
faces.

4.7 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 12
wing wall both upstream and downstream on each side. The
reinforcement shall be Y12 bar with spacing of 200mm c/c on
both direction and faces.

4.8 Provide, lay and cure reinforced concrete 1:2:4 mix on 250mm M3 9
slab. The reinforcement shall be Y12 bar with spacing of
200mm c/c on both direction and faces.

4.9 Provide and fix 50mm Ø PVC pipes for WEEP holes on either Item 1
side of walls at 0.5m equal spacing for the 1.75m length

Supply, fabricate and erect Class B GI pipes as described

in:-

4.10 50mm diameter GI pipe ‘B” for protection balustrades 12m M 70

long and 1200mm height; 1000mm apart horizontal and
300mm vertical both sides & firmly anchored to concrete base
of the new bridge.

BILL 4 - TOTAL FOR BUUNDO NOOBO VEHICLE

CROSSING CARRIED TO COLLECTION
 Contract No. 20/050/W Annex II
Page 60 of 72 

BILL No. 5: REHABILITATION OF BUUNDO

CAMBAHA CROSSING (Chainage 6675m)
5.1 Provide, lay and cure 150mm RCC (1:2:4) slab on the existing M3 9
deck slab. The reinforcement shall be a single layer of Y12 bar
with spacing of 200mm c/c both ways.

5.2 Provide, lay and cure 40m long, 600mm height and 300mm of M3 7
PCC (1:2:4) wing/curb wall both upstream and downstream on
each side.

5.3 Provide, lay and compact 300mm of two layers M3 48

hardcore/selected material to form 20m long and 8m wide on
both sides of the crossing.

Supply, fabricate and erect Class B GI pipes as described

in:-

5.4 50mm diameter GI pipe ‘B” for protection balustrades 12m M 70

long and 1200mm height; 1000mm apart horizontal and
300mm vertical both sides & firmly anchored to concrete base
of the crossing. Balustrades built on 300mm raised concrete.

BILL 5 - TOTAL FOR BUUNDO CAMBAHA

CROSSING CARRIED TO COLLECTION

BILL No. 6: SHAMIITO NEW FOOT CANAL

CROSSING CULVERT (1 Unit) - (Chainage 6750m)

6.1 Excavate 9.80m wide x 5.4m long and 3.53m deep trench for M3 187
strip footing and spread spoil along canal as directed by the
supervising engineer

6.2 Provide, lay and compact 300mm two layers hardcore/stones M3 53

to form foundation of culvert

6.3 Provide, lay and compact hardcore/stones to form foundation M3 41

of central body of the structure and to the intake of the primary
canal.

6.4 Provide, lay and cure 50mm thick PCC 1:3:6 blinding concrete M3 3
on compact hardcore/stones that form foundation of crossing
culvert.

6.5 Provide, lay and cure reinforced concrete 1:2:4 mix 400mm M3 23
thick base slab. The reinforcement shall be Y12 bar with
spacing of 200mm c/c on both direction and faces

6.6 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 4
culvert wall including curb wall. The reinforcement shall be
Y12 bar with spacing of 200mm c/c on both direction and
faces.
 Contract No. 20/050/W Annex II
Page 61 of 72 

6.7 Provide, lay and cure reinforced concrete 1:2:4 mix on 300mm M3 12
wing wall both upstream and downstream on each side. The
reinforcement shall be Y12 bar with spacing of 200mm c/c on
both direction and faces.

6.8 Provide, lay and cure reinforced concrete 1:2:4 mix on 250mm M3 4
slab. The reinforcement shall be Y12 bar with spacing of
200mm c/c on both direction and faces.

6.9 Provide and fix 50mm Ø PVC pipes for WEEP holes on either Item 1
side of walls at 0.5m equal spacing for the 1.75m length

Supply, fabricate and erect Class B GI pipes as described

in:-

6.10 50mm diameter GI pipe ‘B” for protection balustrades M 70

BILL 6 - TOTAL FOR SHAMIITO FOOT CROSSING

CULVERT CARRIED TO COLLECTION

BILL No. 7: REHABILITATION OF DALMO

CROSSING (Chainage 7710m)

7.1 Raise the crossing with RCC slab. Provide, lay and cure M3 9
150mm RCC (1:2:4) slab on the existing deck slab. The
reinforcement shall be a single layer of Y12 bar with spacing
of 200mm c/c both ways.

7.2 Provide, lay and cure 40m long, 600mm height and 300mm of M3 7
PCC (1:2:4) wing/curb wall both upstream and downstream on
each side.

7.3 Provide, lay and compact 300mm of two layers M3 48

hardcore/selected material to form 20m long and 8m wide on
both sides of the culvert.

Supply, fabricate and erect Class B GI pipes as described

in:-

7.4 50mm diameter GI pipe ‘B” for protection balustrades 12m M 70

long and 1200mm height; 1000mm apart horizontal and
300mm vertical both sides & firmly anchored to concrete base
of the crossing. Balustrades built on 300mm raised concrete.

BILL 7 - TOTAL FOR DALMO CROSSING CARRIED

TO COLLECTION

LOT 2 COLLECTION PAGE

 Contract No. 20/050/W Annex II
Page 62 of 72 

Bill No.1: Weydow New Canal Intake with Gates Sub-

Total (Chainage 0m)

Bill No. 2: Rehabilitation of Iskar-Buundo Crossing Sub-

Total (Chainage 750m)

Bill No. 3: Bula-Sey New Vehicle Canal Crossing Culvert

(1 Unit) - Sub-Total (Chainage 2050m)

Bill No. 4: Buundo Noobo New Vehicle Canal Crossing

Culvert (1 Unit) Sub-Total - (Chainage 5600m).

Bill No. 5: Rehabilitation of Buundo Cambaha Crossing

Sub-Total (Chainage 6675m)

Bill No. 6: Shamiito New Foot Canal Crossing Culvert (1

Unit) - Sub-Total (Chainage 6750m)

Bill No. 7: Rehabilitation of Dalmo Crossing Sub-Total

(Chainage 7710m)

TOTAL LOT 2 - CANAL ACCESSORIES

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Contract No. 20/050/W Annex II
Page 63 of 72 
 
 

GRAND SUMMARY
 
 
 
GRAND TOTAL FOR REHABILITATION OF WEYDOW PRIMARY
IRRIGATION CANAL IN MIDDLE SHABELLE – HIRSHABELE,
SOMALIA
 

DESCRIPTION AMOUNT (USD) 

 

TOTAL LOT 1: - CANAL EXCAVATION & ALIGNMENT  

(Chainage 0 - 14.15kM)
TOTAL LOT 2: CANAL ACCESSORIES  

   
GRAND TOTAL (USD)

 
 
 
Execution period: calendar days

Bidder (Company):

Name (Authorized Person):

Title of Authorized Person:

Signature:

Date: Company Stamp:

 Contract No. 20/050/W Annex III
Page 64 of 72 
 
 
 
ANNEX III. SCHEDULE OF CONTRACT PERFORMANCE
 
 
 
The Contractor’s performance is ordered for (...Number of months) as from the date of signature
of the Contract.
 
 
 
 
Schedule of the preliminary activities
 
1. Signature of the Contract by FAO.
 
2. Signature of the Contract by the Contractor (date of entry into force of the Contract).
 
3. Reception of the detailed work programme by the Supervising Engineer within two (2) weeks
of the date of entry into force of the Contract, according to Article 2.4 of Section I.
 Contract No. 20/050/W Annex III
Page 65 of 72 
 
 
 
Schedule of construction works
Contract No. 20/050/W Annex IV
Page 66 of 72 
 
 
 
ANNEX IV. SERVICES AND FACILITIES PROVIDED BY FAO
 
1. The Organization has undertaken to provide or facilitate in obtaining the following:
 
1.1 One Supervising Engineer who will supervise the execution of the work and will certify
that the work has been satisfactorily completed before any payment is received;
 
1.2 Designs, drawings, plans and work specifications for the work execution;
 
1.3 Financial guidance to facilitate the correct submission to the Organization of reports and
payment requests.
 
1.4 The construction site (s) mentioned in Annex I free of all liens and encumbrances in good
time;
 Contract No. 20/050/W Annex V

Page 67 of 72 
 
 
 
ANNEX V. SCHEDULE AND METHOD OF PAYMENT
 
1. FAO shall effect the payments subject to the provisions of Article 5 and 6 of Section I and upon receipt,
at the FAO Office mentioned in paragraph 5 below, of one (1) copy of the Contract duly signed by the
Contractor.
 
2. FAO shall effect payments to the Contractor as follows upon receipt of invoices stating the quantity of
Works completed, accepted and duly certified by the Supervising Engineer and FAO Representative or
Authorized FAO Officer, at the office mentioned in paragraph 5 below, up to a total amount not exceeding:
 
................................
 

(Write out currency and amount)

 

3.1 Upon receipt of invoices in duplicate, stating the quantity of Works completed and accepted
and duly certified by the Supervising Engineer or his/her authorized representative, it being
understood that 10% (ten percent) of each invoice shall be withheld.
 
3.2 Upon receipt of the Certificate of Completion of Works, duly certified by the Supervising
Engineer and FAO Representative or Authorized FAO Officer, 50% (fifty percent) of the amount
withheld, as per paragraph 3.1 above, will become payable upon receipt of an invoice in
duplicate.
 
3.3. Upon receipt of an invoice in duplicate, together with the Certificate of Defects Liability
Period, duly certified by the Supervising Engineer and FAO Representative or Authorized FAO
Officer, a final payment equal to the amount not yet paid (remaining 50% of the amount withheld)
according to paragraph 3.1 above.
 
4. The Contractor shall indicate clear payment/banking instructions on all invoices which shall bear a
consecutive number and indicate:
 
4.1. Contract No. ……….;
4.2. Any supporting documents attached;
4.3. The tax exemption mentioned under Article 22, Section II;
4.4. The certification by the Supervising Engineer mentioned in Article 10 of Section I, if
required by the provisions of the present Annex.
 
5. The Contractor shall submit the invoices mentioned above and duly certified by the Supervising
Engineer, for approval to the FAO Representative to the following address:
 
FAOR Somalia Country Office
Ngecha Road, off Lower Kabete Road
Box 30470 - 00100 Nairobi, Kenya.
6. FAO will make payment to a bank account indicated by the Contractor in its invoice, providing that
the bank account is in the name of the Contractor and located in the country of residence of the
Contractor. Any request for payment to a bank account other than that of the Contractor or to a bank
other than one located in the Contractor’s country of residence should be specified in a written notice
with the reasons for such deviation from standard payment terms, and authorized by FAO’s Contract
Manager mentioned in Article 20.1 of Section I.
 Contract No. 20/050/W Annex VI
Page 68 of 72 
 
 
ANNEX VI. STATEMENT OF DUTIES AND POWERS OF THE SUPERVISING
ENGINEER
 
FAO’s Supervising Engineer, hereinafter the Supervising Engineer, shall supervise the execution of this Contract
from the day it is signed by FAO until the completion of the Defects Liability Period and the signature of the
Certificate of Defects Liability Period.

The Supervising Engineer may at any time delegate in writing to the Supervising Engineer’s representative any
of the duties and powers vested in the Supervising Engineer by virtue of this Contract, it being understood that
he/she shall remain responsible towards FAO for the acts and omissions of his/her representative. He/She shall
send the Contractor and FAO a copy of any such delegation of authority. Any decision taken by the Supervising
Engineer’s representative within the terms of such delegation shall bind the Contractor as though it had been taken
by the Supervising Engineer. The duties and powers of the Supervising Engineer are the following:

1. The Supervising Engineer shall in general carry out such duties as issuing instructions, decisions,
certificates and orders as are required for the satisfactory execution of the Contract.

2. The Supervising Engineer is, in particular, empowered to:

2.1. Carry out tests of samples of materials and supplies and verify workmanship, as he/she may consider
necessary at the cost of the Contractor in order to ensure their compliance with the relevant
specifications and standards of Annex I;

2.2. Approve in writing extensions of the times for completion of the Works as set out in Annex II except
if they are caused by circumstances for which, in the opinion of the Supervising Engineer, the
Contractor is responsible; However, only extensions which have been formalized through a Contract
amendment duly signed by the Authorized Official are considered approved by FAO;

2.3. Explain, adjust and modify in case of ambiguities or discrepancies the specifications of Annex I and
the relevant drawings of the Works, provided always that this shall not result in any additional costs to
FAO beyond the amount specified in Article 4.1 of Section I;

2.4. Verify progress and works completed and approve or reject invoices submitted by the Contractor for
such quantities;

2.5. Determine in consultation with the Contract Manager the amount(s) of liquidated damages and deduct
them from any of the Contractor’s invoices due for payment;

2.6. Issue and sign the Certificates of Completion of Works and Defects Liability Period;

2.7. Authorize the execution of additional works by the Contractor, including the delivery of goods,
materials and services not listed in Annex I. However, only additional works that have been
formalized through a Contract amendment duly signed by the Authorized Official are considered
approved by FAO;

3. The Supervising Engineer shall immediately notify the FAO Head of Office and Contract Manager of any
accident arising from the execution of the Contract and shall provide full particulars thereof.

4. The Supervising Engineer in the project country is:

…………………........................................
 Contract No. 20/050/W Annex VII

Page 69 of 72 
 
 
ANNEX VII. DRAFT CERTIFICATE OF COMPLETION OF WORKS

(To be transcribed on FAO’s official stationery and completed as appropriate)

WHEREAS
 
The Food and Agriculture Organization of the United Nations, hereinafter referred to as the
“Organization” or “FAO”, has awarded to the firm ………… , hereinafter referred to as the
“Contractor”, a Contract bearing number ………… , hereinafter referred to as the “Contract”, and
 
The Contractor has completed all of the construction works as set out in detail in the Contract and
hereinafter referred to as the “Works” in accordance with the specifications and at the sites set out
therein,
 
NOW THEREFORE
 
I the undersigned, in my capacity as FAO’s Supervising Engineer mentioned in Article 10 of Section
I of the Contract, having supervised the construction of the Works and having duly undertaken all
necessary inspections and verifications of such Works in accordance with the rules and regulations of
my profession, confirm that the Works mentioned below have been completed in full compliance
with the relevant specifications, plans and drawings of the Contract and the laws and regulations of
the country where such Works have been constructed, on the date of signature of this certificate,
except for the reservations set out below, if any. This date being the date of commencement of the
Defects Liability Period of such Works which will continue for the period of time mentioned in
Article 19 of Section I of the Contract.
 
The Works completed are the following:
 

....................................................................
 

....................................................................
The reservations are the following: (*)
...................................................................
 

....................................................................
 

(*) (if not applicable please indicate “NONE”)

 
1. Signature: .................................. Name: .......................(Place and date of issue)
 

Title: Supervising Engineer of the Food and Agriculture Organization of the United Nations
 

Signed in :.............................(Place of issue) On..........................(Date of issue)

 

2. Signature:.....................................................Name: ..........................................................
Title: FAO Representative or his Authorized Agent
Signed in :.............................(Place of issue) On..........................(Date of issue)
 

3. Signature:.....................................................Name: ..........................................................
Title: The Contractor
Signed in: :.............................(Place of issue) On..........................(Date of issue)
 Contract No. 20/050/W Annex VIII

Page 70 of 72 
 
 
 
 
 
ANNEX VIII. DRAFT HANDOVER CERTIFICATE

(To be transcribed on official FAO stationery)

WHEREAS

The Food and Agriculture Organization of the United Nations, hereinafter referred to as the
“Organization” or “FAO” has awarded to the firm.............. , hereinafter referred to as the
“Contractor”, a Contract bearing the number .............. , hereinafter referred to as the “Contract”,
and the Contractor has delivered and installed the equipment and materials as detailed in the
Contract and hereinafter referred to as the “equipment” in accordance with the specifications and
at the sites and/or locations set out therein,
 
NOW THEREFORE
 
We the undersigned, representing FAO and ............................ have visited the site and have
accepted the works executed in accordance with the relevant specifications of the Contract except
for the:
 
Reservations set out below, if any (if not applicable please indicate “NONE”):
...................................................................
...................................................................
 
CONSEQUENTLY
 
FAO relinquishes control of the site and returns all responsibilities to the (Name of Government
entity to receive the finished works) hereby relieves FAO from all responsibilities upon signature
of this certificate.
 
Signed:
FOR FAO:
 
Signed in: .................................. On: ........................ (Place and date of the handover)
Signature: ...............................................................
Name ....................................................................
 
Title: The Supervising Engineer of the Food and Agriculture Organization of the United Nations or
his/her authorized representative
 
FOR THE CONTRACTOR:
 
Contractor’s name:..........................................
Signed in: .................................. On: ........................
Signature: ...............................................................
Title: ...............................................................
 
FOR THE GOVERNMENT ENTITY:
 

Signed in: .................................. On: ........................ (Place and date of issue)

Signature: ...............................................................
Name ....................................................................Title: ..............................................................
 Contract No. 20/050/W Annex IX
Page 71 of 72 
 
ANNEX IX. DRAFT CERTIFICATE OF DEFECTS LIABILITY PERIOD

(To be transcribed on FAO’s official stationery and completed as appropriate)

 
WHEREAS
 
The Food and Agriculture Organization of the United Nations, hereinafter referred to as the
“Organization” or “FAO”, has awarded to the firm ………… (Name of the firm), hereinafter referred
to as the “Contractor”, a Contract bearing the number …………… (Contract Number), hereinafter
referred to as the “Contract”, and
 
The Contractor has completed all of the construction works as set out in detail in the Contract and
hereinafter referred to as the “Works” in accordance with the specifications and at the sites set out
therein and has repaired such Works to the satisfaction of FAO’s Supervising Engineer and in
compliance with the relevant provisions of the Contract and the laws, regulations and customs of the
country where such Works have been constructed,
 
NOW THEREFORE
 
I the undersigned, in my capacity as FAO’s Supervising Engineer mentioned in Article 10 of Section
I of the Contract, having supervised the construction of the Works and having duly undertaken all
necessary inspections and verifications of such Works as required by the rules and regulations of my
profession, confirm that the Works mentioned below have been repaired to my satisfaction for the
prescribed period of time in full compliance with the relevant provisions and specifications of the
Contract until the date of signature of this certificate. This date being the end of the Defects Liability
Period of such Works mentioned in Article 19 of Section I of the Contract.
 
The Works which have been repaired are the following:
 
 

....................................................................
 

....................................................................
 
 
1. Signature: .................................. Name: .......................(Place and date of issue)
 

Title: Supervising Engineer of the Food and Agriculture Organization of the United Nations
 

Signed in :.............................(Place of issue) On..........................(Date of issue)

 
 
 
2. Signature:.....................................................Name: ..........................................................
Title: FAO Representative or his authorized agent
Signed in :.............................(Place of issue) On..........................(Date of issue)
 
 
3. Signature:.....................................................Name: ..........................................................
Title: The Contractor
Signed in: :.............................(Place of issue) On..........................(Date of issue).
 Contract No. 20/050/W Annex X
Page 72 of 72 
 
 
 
ANNEX X. STATEMENT OF SUBCONTRACTORS

 
The Contractor will not use sub-contractors to execute these works