Section VII.

Sample Forms

Bid Form Form of Bid Security (Bank Guarantee) Performance Security Form Bank Guarantee Form for Advance Payment Manufacturers Authorization Form Warranty Form of Quality Notification of Award Contract Form

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Bid Form
Date: IFB No: To: [name and address of Purchaser] Gentlemen and/or Ladies: Having examined the bidding documents include the formats , the receipt of and inspection which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver [description of goods and services] in conformity with the said bidding documents for the sum of [total bid amount in words and figures] including all customer, taxes, fees, transport cost, insurance and any other levies stated in the conditions or such other sums as may be ascertained in accordance with the Schedule of Prices attached herewith and made part of this Bid. We undertake, if our Bid is accepted, to deliver, install and operate the required goods in accordance with the delivery schedule specified in the Schedule of Requirements. If our bid is accepted, we undertake to provide a performance security in the form, in the amounts, and within the times specified in the Bidding Documents. We under take to execute in accordance with instructions, conditions and schedule of require specified in this bid and agree to abide by this Bid for the Bid Validity Period ( ) starting from deadline for submission and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Commissions or gratuities, if any, paid or to be paid by us to agents relating to this Bid, and to contract execution if we are awarded the contract, are listed below: Name and address of agent Amount and Currency Purpose of Commission or gratuity

(if none, state none) Until a formal Contract is prepared and executed, this Bid, together with your written acceptance thereof and your notification of award, shall constitute a binding Contract between us. Dated this ________________ day of ________________ 200______.
[signature] [in the capacity of]

Duly authorized to sign Bid for and on behalf of

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Bid Security (Bank Guarantee)

TO: [Name and Address of purchaser] Name of Tender:.. Tender no. ( Gentlemen, We, the [Name of Bank], in accordance with Instructions to Bidder clause (19), agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely, the payment to [Name of purchaser] on his first demand without whatsoever right of objection on our part, in the amount not exceeding [amount of Guarantee], [amount of Guarantee in words]. This guarantee shall remain valid and in full effect for ( dd/mm/yyyy. Signature and seal Name of Bank Address Date ) days starting on ) of [Year]

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Performance Security
TO: [Name and Address of purchaser] Name of Tender:.. Tender no. ( Gentlemen, We, the [Name of Bank], in accordance with GCC clause (15), agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely, the payment to [Name of purchaser] on his first demand without whatsoever right of objection on our part, in the amount not exceeding [amount of Guarantee], [amount of Guarantee in words]. We further agree that no change or addition to or other modification of the terms of the Contract or the works under the Contract which may be made between [Name of purchaser] and the Supplier, shall not in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. This guarantee shall remain valid and in full effect from ( Signature and seal Name of Bank Address Date ) until the end of ( ). ) of [Year]

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Bank Guarantee for Advance Payment

TO: [Name and Address of purchaser] Name of Contract:.. Contract no. ( Gentlemen, We, the [Name of Bank], in accordance with GCC 13.1, agree unconditionally and irrevocably to guarantee as primary obligor and not as Surety merely, the payment to [Name of purchaser] on his first demand without whatsoever right of objection on our part, in the amount not exceeding [amount of Guarantee], [amount of Guarantee in words]. This guarantee shall remain valid and in full effect from the date of the advance payment under Contract until [Name of purchaser] receives full repayment of the same amount from the Supplier. Signature and seal Name of Bank Address Date ) of [Year]

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Manufacturers Authorization

To: [name of the Purchaser] WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of [name and/or description of the goods] having factories at [address of factory] do hereby authorize [name and address of Agent or and address of authorized person to submit the bid ] to submit a bid, and subsequently negotiate and sign the Contract with you against IFB No. [reference of the Invitation to Bid] for the above goods manufactured by us to supply\supply, installer and operate the Goods manufactured by us . We hereby extend our full guarantee and warranty as the General Conditions of Contract of contract.

[signature for and on behalf of Manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Manufacturer. It should be included by the Bidder in its bid.

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Warranty for Quality

We, [name of manufacturer], warrant our products and equipments for [period] from the date of primary inspection and handover. We shall mend or change any of the equipment spare parts during the validity period of this Warranty free of any charges if the suspense has resulted from factory or metallic errors. This Warranty does not include any suspense resulted from misusing the equipment or broken parts as well as the parts corroded due to extra usage. This Warranty will be considered invalid if unauthorized persons tried to mend any suspense or if false spare parts are used. [signature of authorized person and seal of company, or the company's agent]

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Notification of Award
Date: Mr. ___________________________ [name of Supplier] Address: ________________________ We would like to notify you that the Tender no. [##] for [year] to supply/install/operate [goods], has been awarded to you according to your bid dated [dd/mm/yyyy], with an amount [amount of bid in figures and words] Yemeni Rials. Could you please provide us with Performance Security in rate of ( )% [amount of guarantee in figures]. The Security must be submitted not later than 15 days from the date of receiving this notification, and in accordance with the Form attached to BDs. The Security should be addressed to us, and must be irrevocable, unconditioned and valid until completing the procedures of inspection and primary handover on [dd/mm/yyyy]. In case you delayed attending to sign Contract or submit Performance Security during the timing specified above, the award will be canceled and your Bid Security will be confiscated. \ \

Procurement Manager Name: Signature:

Financial Manager Name: Signature:

Head of Entity Name: Signature:

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Contract Form
This Contract (hereinafter called the "Contract") is made on [dd/mm/yyyy] between the Purchaser (hereinafter called the "First Party") represented by [Name of representative], [his position], and on the other hand the Supplier [Name of company] represented by [Name of representative], [his position] (hereinafter called the "Second Party"). WHEREAS Clause 1. The Supplier will supply/install/operate [goods, services or works required] in the attached data sheet according to bidding document specifications for Tender no.[##] for [year] specified by the First Party and accepted by the Second Party, and considered as integrated part of this Contract. Contract cost is [numbers] [words]. Payment methods pursuant to SCC. Completion period - Commencing date: [dd/mm/yyyy] - Expiry date: [dd/mm/yyyy] Clause 5. The following Documents are integrated part of this Contract: 1. Notification of Accepting Bid. 2. Supplier's complete bid besides any correspondences or documents accepted before signing the Contract. 3. Special Conditions. 4. General Conditions. 5. Any other documents which are part of this Contract. Clause 6. The Second Party has no right in any case to waive or assign all or part of Contract obligations to any other supplier or agency, unless he has an authorization from the First Party. Such authorization must be limited to 10% of Contract Value. Both, the Second Party and his assignee shall be completely responsible for any defect, negligence or violations may be done by the assignee. The First Party can purchase the items that the Supplier failed to supply or rejected items due to un-compliance with specifications on his account using any method for the Supplier to bear all increase in cost in addition to liquidated damages for delay in supply. The Second Party shall be responsible for delivering contracted items in set timing in this Contract bearing all relevant costs and fees and complaint to contracted specifications in items of quantities, weight, 179

Clause 2. Clause 3. Clause 4.

Clause 7.

Clause 8.

dimension and compliant with provided samples. The Supplier undertakes to withdraw all rejected items in period of one week of notification and undertakes to provide the workers to open packages and handing over to Entity's store in [name of location]. Clause 9. : a) The First Party has the right to increase or decrease contracted items by a percentage of 10% at the same original price with no right for the Supplier to reject or ask for reimbursable for such decrease or increase in quantities. Validity of Performance Security is [mention the period] from date of items delivery and inspection and compliance to technical specifications. In case of supplying machines and equipments which require warranty the, Second Party shall be responsible for during warranty period for maintenance and services of such machines and fixing any damages or defaults in his own account and in case of delay, the First Party has right to fix the breakdown on Second Party's account and responsibility. The Second Party shall fully bind to the validity period of the Quality Guarantee: [mention the period].

b)

c)

Clause 10. This Contract will be subject to Procurement Law, By-law. The provisions of Procurement Law, By-law, Bidding Documents. Clause 11. If disputes are arise to misinterpretation of this contract or it is addenda, MOF is the Entity that will be consulted. Clause 12. Issued in one original and five copies. First Party Name: Signature: Date: / Seal / Second Party Name: Signature: Date: / Seal /

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