Tender Dossier - Conditions of Contract -

1. Tender Dossier - Conditions of Contract -

2. Conditions of Contract • Conditions of Contract (CC) – part of the Tender Dossier, respectively of the future contract that are addressing specific issues, required for the contract implementation. • General CC – are establishing a set of rules, generally valid in all EC financed contracts • Special CC – are modifying, amending, supplementing the General CC, for including in the contract the specificities of a certain country, or of a certain project.

3. Order of precedence of Contract documents • Contract Agreement • Special Conditions of Contract • General Conditions of Contract • Technical Specifications – including clarifications issued prior to offers submission • Technical Offer – including clarifications from the Tenderer, during evaluation • Budget Breakdown • Other relevant annexes/documents Note: additional documents can be listed, or order changed through the Special Conditions of Contract

4. Special Conditions of Contract (SCC) • The Special CC take priority over the General CC • Are the instrument for the Contracting Authority/ Beneficiary, for introducing the particular aspects of the local legislation, or of the project. • The General CC can be applied for any project, anywhere in the world, but will never be able to deal with the specific issues related to a specific project, nor to the legislation of a certain country

5. Special Conditions of Contract (SCC) • The SCC should provide all relevant conditions that relate to the projects and the laws of the contract, which add, complement, or amend the General CC • In drafting the SCC, one must pay particular attention to cross-reference with all other interconnected Clauses that may be affected. • Make sure you don’t create ambiguities with other Clauses, or provisions of other documents • Major exercise in cross referencing SCC with: • GCC • Technical Specifications • Schedule/ Annexes (e.g. delivery schedule)

6. Special Conditions of Contract (SCC) • PRAG provides “guidance” within the “Supplies” part of the Manual, as to the writing of the SCC. Examples should be only used after verifying they are suitable for your specific case and adapted accordingly • The guidance is to assist writers of the special conditions, by giving options for various sub-clauses where appropriate • It is recommendable that suitably-qualified engineers (technical staff) to prepare documents and a review by a suitably-qualified legal advisers

7. Special Conditions of Contract (SCC) • There is no Clause in the General CC requiring additional data to be included in the SCC, this is done only when and as much as necessary • Any modification of existing Clauses, or insertion of a new Clause, must be made for a clear reason and only in conjunction with the other Clauses • SCC will only contain modified Clauses, without repeating the ones from GCC that are not modified

8. SCC – Main aspects to address • Applicable law and language • Contractor’s obligations • Performances/ Insurances • Timetable/ Schedules • Documents/ Drawings/ Specifications/ Manuals • Patents and licences • Variations of contracted quantities

9. SCC – Main aspects to address • Quality levels • Inspection/ Testing at the delivery, Testing after installation • Acceptance • Payments methods/ schedules • Delivery – place, risks, related documents and procedures • Warranty/ After-sales services • Disputes resolution