tender dossier supply and installation of photovoltaic

Supply and installation of photovoltaic equipments in 300 rural schools in Rwanda.

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TENDER DOSSIER


EU Publication Reference: EuropAid / 127659 / D / SUP / RW


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Rwanda Public Procurement Authority

INTERNATIONAL TENDER DOSSIER 145 / F / 2009 – I / MININFRA – EC / RPPA. THE REPUBLIC OF RWANDA

Ministry of Infrastructures European Union

Title of Tender:


Location: RWANDA – Nation wide rural and remote areas.

EU Publication Reference: EuropAid / 127659 / D / SUP / RW Tender Reference Number: 145 / F / 2009 – I / MININFRA – EC / RPPA. FUNDING: EUROPEAN UNION and GOVERNMENT of RWANDA CONTRACTING AUTHORITY: MINECOFIN PROJECT MANAGEMENT: MININFRA Procurement Method: OPEN INTERNATIONAL Date of Issue: December 17, 2009

REPUBLIC OF RWANDA

MINISTRY OF FINANCE AND

ECONOMIC PLANNING B.P. 158 Kigali

Tel: +250-577994 Fax: +250-577581

E-mail : [email protected]

Website : http://www.minecofin.gov.rw

Kigali, December 17, 2009

EU Publication Reference: EuropAid / 127659 / D / SUP / RW

RPPA Tender Reference Number: 145 / F / 2009 – I / MININFRA – EC / RPPA

Dear Sirs,

SUBJECT: INVITATION TO TENDER FOR :


This is an invitation to tender for the above mentioned supply contract. Please find enclosed

the following documents, which constitute the tender dossier:

A. INSTRUCTIONS TO TENDERERS

B. DRAFT CONTRACT AND SPECIAL CONDITIONS, INCLUDING ANNEXES

DRAFT CONTRACT

SPECIAL CONDITIONS

ANNEX I GENERAL CONDITIONS

ANNEX II +III TECHNICAL SPECIFICATIONS + TECHNICAL OFFER

ANNEX IV BUDGET BREAKDOWN (MODEL FINANCIAL OFFER)

ANNEX V FORMS

C. FURTHER INFORMATION

ADMINISTRATIVE COMPLIANCE GRID

EVALUATION GRID

PROVISIONAL LIST OF SCHOOLS

D. TENDER FORM FOR A SUPPLY CONTRACT

Website : http://www.minecofin.gov.rw

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For full information about procurement procedures please consult the Practical Guide to

contract procedures for EC external actions and its annexes, which can be downloaded from

the following web page: http://ec.europa.eu/europeaid/work/procedures/index_en.htm.

We look forward to receiving your tender and the accompanying tender guarantee before the

submission deadline at the address specified in the documents.

Yours sincerely,

For the Ministry of Finance and Economic Planning

The EDF National Authorising Officer


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PART A

INSTRUCTIONS TO TENDERERS


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INSTRUCTIONS TO TENDERERS

PUBLICATION REF.: EuroAid/127659/D/SUP/RW

In submitting a tender, the tenderer accepts in full and without restriction the special and general

conditions governing the contract as the sole basis of this tendering procedure, whatever its own conditions of sale may be, which it hereby waives. Tenderers are expected to examine carefully and

comply with all instructions, forms, contract provisions and specifications contained in this tender

dossier. Failure to submit a tender containing all the required information and documentation within

the deadline specified will lead to the rejection of the tender. No account can be taken of any

reservation in the tender as regards the tender dossier; any reservation may result in the immediate

rejection of the tender without further evaluation.

These Instructions set out the rules for the submission, selection and implementation of contracts

financed under this call for tenders, in conformity with the provisions of the Practical Guide to

contract procedures for EC external actions, which is applicable to the present call (available on the

Internet at this address:

http://ec.europa.eu/europeaid/work/procedures/index_en.htm).

Preleminary note: In all parts of this dossier, and where applicable, all references to the

"(European) Community / (Europen) Communities" should be read as referring to the

"European Union"

1. Supplies to be provided

1.1 The subject of the contract is the supply, delivery, installation, commissioning and maintenance

by the contractor during the warranty period of photo voltaic and electrical equipments for

about 300 schools in rural and remote area of Rwanda: The main components are:

• 300 full PV systems including PV panels, power inverter, batteries, regulation and

control systems, mechanical support, fencing, shelter for equipments, electrical

protection, cabling, lights, switches and plugs. One size of systems will be provided 1.6

kWp minimum. All PV equipments and all electrical equipments of a same nature shall

be identical and from the same supply (examples: only one type of batteries from one

supplier, only one type of electrical switches from one supplier).

• all systems will be installed and commissioned under the responsibility of the Contractor.

Subcontracting installation and commissioning to local companies is encouraged,

however the Contractor will provide for the full period of these activities, two in-house qualified technicians who will supervise in situ and in his behave the installation and

commissioning of the systems.

• all maintenance services during warranty period.

Contract is in one lot. It will be implemented at about 300 rural schools (final number of schools

may vary with in the limit fixed in special conditions article 22) nation wide, in rural and remote

areas of Rwanda. Price is all inclusive and in agreement with the "Tax and custom agreement"

provided in section B.9. The implementation period is 24 months from contract signature in accordance with article 15 of the Procurement Notice.


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1.2 The supplies must comply fully with the technical specifications1 set out in the tender dossier

(technical ) and conform in all respects with the drawings, quantities, models, samples, measurements and other instructions.

1.3 No spare parts will be provided under the contract. The contractor will have to demonstrate the

availability in Rwanda and for the full duration of the warranty period, of a stock of spares parts at

least equivalent to the quantities listed in technical specification section III.4. These equipments are

owned by the contractor or his local partner. The purpose of maintaining this stock is to allow the

contractor or its partner(s) to fulfil promptly its legal obligations during the warranty period. This

provision is not a limit of legal obligations in respect of guarantee.

1.4 Tenderers are authorised to tender for a variant in addition to the present tender. See section

20.5.

2. Timetable

DATE TIME*

Clarification meeting / site visit (not

mandatory)

January 20&21

2010

9 AM

Deadline for request for any clarifications

from the Contracting Authority

February 25, 2010 9 AM

Last date on which clarifications are issued

by the Contracting Authority

March 7, 2010 9 AM

Deadline for submission of tenders March 25, 2010 9 AM

Tender opening session March 25, 2010 10 AM

Notification of award to the successful

tenderer **

May 25, 2010 -

Signature of the contract ** June 25, 2010 -

* All times are in the time zone of the country of the Contracting Authority

** Provisional date

3. Participation

3.1 Participation in tendering is open on equal terms to natural and legal persons (participating

either individually or in a grouping (consortium) of tenderers) from ACP States and Member

States of the European Union and international organisations.

3.2 These terms refer to all nationals of the said states and to all legal entities, companies or

partnerships constituted under, and governed by, the civil, commercial or public law of such

states and having their statutory office, central administration or principal place of business

there. A legal entity, company or partnership having only its statutory office there must be engaged in an activity which has an effective and continuous link with the economy of the state

concerned.

3.3 These rules apply to:

a) tenderers

b) members of a consortium

c) any subcontractors.

1 Technical Specification will be included in the contractual document .


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3.4 Natural persons, companies or undertakings falling into a situation set out in section 2.3.3 of the

Practical Guide to contract procedures for EC external actions are excluded from participation in and the award of contracts. Tenderers must provide declarations to the effect that they are not

in any of these exclusion situations. The declarations must cover all the members of a joint

venture/consortium. Tenderers who have been guilty of making false declarations may also incur financial penalties and exclusion in accordance with section 2.3.4 of the Practical Guide.

The exclusion situation referred to above also applies to any subcontractor. Whenever requested

by the Contracting Authority, the tenderer/contractor shall submit a declaration from the

intended subcontractor that it is not in one of the exclusion situations. In case of doubt on this

declaration of honour, the Contracting Authority shall request documentary evidence that the

sub-contractor is not in a situation of exclusion.

3.5 To be eligible for participation in this tender procedure, tenderers must prove to the satisfaction

of the Contracting Authority that they comply with the necessary legal, technical and financial

requirements and have the means to carry out the contract effectively.

3.6 If the offer includes subcontracting, it is recommended that the contractual arrangements between the tenderer and its subcontractors include mediation, according to national and

international practices, as a method of dispute resolution.

In the selection of subcontractors preference shall be given by the supplier to natural persons,

companies or firms of ACP States capable of providing the supplies required on similar terms.

4. Origin

4.1 Unless otherwise provided in the contract, all supplies and materials purchased must originate in

a Member State of the Community and/or the ACP States. In this context, the definition of the concept of "originating products" shall be assessed by reference to the relevant international

agreements, especially Protocol 1 included in Annex V of the ACP-EU Partnership Agreement,

and supplies originating in the Community shall include supplies originating in the Overseas

Countries and Territories.

4.2 When submitting its tender, the tenderer must state expressly that all the goods meet the

requirements concerning origin and must state the countries of origin. It may be asked to provide additional information in this connection.

5. Type of contract

Unit-price

6. Currency

Tenders must be presented in EURO2.

2 The currency of tender shall be the currency of the contract and of payment.


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7. Lots

This tender procedure is not divided into lots.

8. Period of validity

8.1 Tenderers shall be bound by their tenders for a period of 90 days from the deadline for the

submission of tenders.

8.2 In exceptional cases and prior to the expiry of the original tender validity period, the

Contracting Authority may ask tenderers in writing to extend this period by 40 days. Such

requests and the responses to them must be made in writing. Tenderers that agree to do so will not be permitted to modify their tenders and they are bound to extend the validity of their tender

guarantees for the revised period of validity of the tender. If they refuse, without forfeiture of

their tender guarantees, their participation in the tender procedure will be terminated. 8.3 The successful tenderer will be bound by its tender for a further period of 60 days. The further

period is added to the validity period irrespective of the date of notification.

9. Language of offers

9.1 The offers, all correspondence and documents related to the tender exchanged by the tenderer

and the Contracting Authority must be written in the language of the procedure which is English

If the supporting documents are not written in one of the official languages of the European

Union, a translation into the language of the call for tender must be attached. Where the

documents are in an official language of the European Union other than the one of the procedure, it is however strongly recommended to provide a translation into the language of the

call for tenders, in order to facilitate the evaluation of the documents.

10. Submission of tenders

10.1 Tenders must be received before the deadline specified in 10.3. They must include all the

documents specified in point 11 of these Instructions and be sent to the following address:

Rwanda Public Procurement Authority

Avenue de la Paix

P.B 4068 Kigali , Rwanda

Tenders must comply with the following conditions:

10.2 All tenders must be submitted in one original, marked “original”, and “three” copies signed in the same way as the original and marked “copy”.

10.3 All tenders must be received at the address specified at point 10.1 before the deadline date and

time, March 25, 2010 at 9 AM, by registered letter with acknowledgement of receipt or hand-

delivered against receipt signed by Rwanda Public Procurement Authority or its representative.

10.4 All tenders, including annexes and all supporting documents, must be submitted in a sealed

envelope bearing only:

a) the above address; b) the reference code of this tender procedure,

(i.e., 145 / F / 2009 – I / MININFRA – EC / RPPA); c) where applicable, the number of the lot(s) tendered for; d) the words “Not to be opened before the tender opening session” in the language of the

tender dossier and "Birabujijwe gufungura ibahasha mbere y'igihe giteganyijwe cyo

gutanga isoko" in the local language. e) the name of the tenderer.


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The technical and financial offers must be placed together in a sealed envelope. The envelope

should then be placed in another single sealed envelope/package, unless their volume requires a separate submission for each lot.

11. Content of tenders

All tenders submitted must comply with the requirements in the tender dossier and comprise:

Part 1: Tender form, tender guarantee, draft contract, supporting documents and administrative

information

To be supplied following templates in annex* 3 :

• The “Tender Form for a Supply Contract”, duly completed, which includes the tenderer’s

declaration, point 7, (from each member if a consortium):

• The tender guarantee, for 50.000 Euro’s( fifty thousand) (as per form C2). Seal of

financial institution is mandatory.

• Draft Contract:

1. Draft Contract with initial on each page 2. Special conditions with initial on each page 3. General conditions ANNEX I with initial on each page 4. Technical specifications ANNEX II with initial on each page

• Supporting documents:

1. All supporting documents requested in the tender form in order to demonstrate financial and technical eligibility of the tenderer (list of

documents listed in tender form article 6)

2. Duly authorised signature: an official document (statutes, power of attorney, notary statement, etc.) proving that the person who signs on

behalf of the company/joint venture/consortium is duly authorised to do

so.

3. Venture agreement (if applicable) signed by all the partners and identifying clearly the leader.

4. A copy of trade license demonstrating where the company is registered

• Administrative information:

1. The details of the bank account into which payments should be made (financial identification.) (Where the tenderer has already signed another

contract with the European Commission, it may provide instead of the

financial identification form either its financial identification form

number or a copy of the financial identification form provided on that

occasion, unless a change occurred in the meantime.)

2. The legal entity file and the supporting documents (Where the tenderer has already signed another contract with the European Commission, it

may provide instead of the legal entity sheet and its supporting documents

either its legal entity number or a copy of the legal entity sheet provided on that occasion, unless a change in its legal status occurred in the

meantime.)

The tenderers established in Rwanda will have to provide, original or certified copy, of

the following documents (valid and/or dated less than 90 days):

3 Annex* : refers to templates in general attached to the tender dossier. These templates are

also available on: http://ec.europa.eu/europeaid/work/procedures/index_en.htm


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1. A tax clearance certificate from Rwanda Revenue Authority only applicable to the local firms;

2. A social security fund clearance from the Social security of Rwanda .

Part 2: Financial offer and Unit Price list:

• Financial offer, calculated on a basis all inclusive and in agreement with the "Tax and

Customs agreement"

• Unit price list

Financial offer and unit price list should be presented as per template provided for ANNEX IV

tables 1 to 4, and if necessary completed by separate sheets for the details. Ensure that the country of origin is provided for each component.

An electronic version of the financial offer may be included, but is not mandatory.

Part 3: Technical Offer4:

Technical offer will be included in contract as being ANNEX III.

• Detailed description of the supplies tendered in conformity with the technical

specifications, all documentation required;

• Summary Data Sheets included in ANNEX III. The tenderer may provide any additional

information. If any information is not available or not significant, an explanation should

be provided;

• Catalogues and brochures;

• A description of methodology of the tenderer showing accurately how he intends to

organize its work in Rwanda in order to install 300 systems within contractual period. The methodology will indicate the resources (financial, personal and material) that he

intends to mobilise and the organization. Requirements and constrain imposed by the

contracting authority are described in Technical specifications. (The tendered are not

required to mention name of company they intend to contract to implement activities in

Rwanda.)

• Detail planning of implementation. This planning must respect the four mandatory

millstone dates listed in technical specifications.

• Proposal for the maintenance services during the warranty period in agreement with

minimum standard specified in Technical Specifications;

• Proposal for training in agreement with minimum standard specified in Technical

Specifications;

Part 4: Documentation:

To be supplied on free formats:

• A description of the warranty conditions, which must be in accordance with the

conditions laid down in Article 32 of the General Conditions.

• Conformity certificates issued by supplier for the following equipments: PV modules,

batteries, controllers, inverters, junction boxes, circuit breakers, economic lighting lamps,

battery field enclosure, inverters and controllers enclosures, cables, switches and power

outlet sockets.

• Test certificates issued par an approved ACP/EU inspection body or laboratory for the

following equipments: PV modules, batteries, controllers, inverters, economic lighting

4 Technical Offer will be included in the contractual document as ANNEXE III.


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• A statement by the tenderer attesting the origin of the supplies tendered (or other proofs

of origin). In addition, origin for each equipment will be indicated in technical data sheet

and price sheet.

Remarks: Tenderers are requested to follow this order of presentation.

12. Pricing

12.1 Tenderers will be deemed to have satisfied themselves, before submitting their tender(s), as to

(its)(their) correctness and completeness, to have taken account of all that is required for the full and proper execution of the contract and to have included all costs in their rates and prices.

12.2 Depending on whether the supplies proposed are manufactured locally or are to be imported

into the country of the Beneficiary, Tenderers must quote, by lot, unit (and overall) prices for

their tenders on one of the following bases:

a) for supplies manufactured locally, unit and overall prices must be quoted for delivery to

the place of destination and in accordance with the above conditions, excluding all

domestic taxation applicable to their manufacture and sale;

b) for supplies to be imported into the country of the Beneficiary, unit and overall prices

must be quoted for delivery to the place of destination and in accordance with the above conditions, excluding all duties and taxes applicable to their importation and VAT, from

which they are exempt.

12.3 Whatever the origin of the supplies, the contract is exempt from stamp and registration duties.

12.4 The prices for the contract are fixed and not subject to revision, unless otherwise stipulated in

the Special Conditions.

13. Additional information before the deadline for submission of tenders

The tender dossier should be clear enough to preclude the need for tenderers to request additional

information during the procedure. If the Contracting Authority, either on its own initiative or in

response to a request from a prospective tenderer, provides additional information on the tender

dossier, it must send such information in writing to all other prospective tenderers at the same time.

Tenderers may submit questions in writing to the following address up to 21 days before the deadline

for submission of tenders, specifying the publication reference and the contract title:

Ministry of Infrastructure Av Umuganda

Kigali

P.O Box: 24 Kigali. Rwanda Tel: (250)252-585755

Email : [email protected]

The Contracting Authority has no obligation to provide clarifications after this date.

Any clarification of the tender dossier will be published on the EuropeAid website at

https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome and entities who

obtained the tender dossier from Rwanda Public Procurement Authority will receive a written

notification of these clarifications.or <enter relevant media> at the latest 11 days before the deadline

for submission of tenders.

Any prospective tenderers seeking to arrange individual meetings with either the Contracting Authority and/or the European Commission during the tender period may be excluded from the tender

procedure.


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14. Clarification meeting / site visit

14.1. A clarification meeting and a site visit will be held on January 20 and 21 2010 at 9 AM at Ministry of Infrastructure, avenue Umuganda, Kigali to answer any questions on the tender

dossier which have been forwarded in writing or are raised at the meeting. Minutes will be taken during the meeting and these will be published on the EuropeAid website - together with any

clarifications in response to written requests which are not addressed during the meeting - at the

latest 11 calendar days before the deadline for submission of tenders. No further clarification

will be provided after this date. All the costs of attending this meeting will be borne by the

tenderers.

Meeting will be conducted on the first day in the morning. A site visit in the area of Kigali will

be organized on the same day in the afternoon. On the second day, a site visit in a remote area

will be organized. The tenderer who attends the site visit will have to organize its own

transportation. A 4x4 vehicle will be necessary.

14.2. Visits by individual prospective tenderers during the tender period other than this site visit for all prospective tenderers cannot be permitted.

15. Alteration or withdrawal of tenders

15.1 Tenderers may alter or withdraw their tenders by written notification prior to the deadline for

submission of tenders referred to in Article 10.1. No tender may be altered after this deadline.

Withdrawals must be unconditional and will end all participation in the tender procedure.

15.2 Any such notification of alteration or withdrawal must be prepared and submitted in accordance

with Article 10. The outer envelope must be marked 'Alteration' or 'Withdrawal' as appropriate.

15.3 No tender may be withdrawn in the interval between the deadline for submission of tenders

referred to in Article 10.1 and the expiry of the tender validity period. Withdrawal of a tender

during this interval may result in forfeiture of the tender guarantee.

16. Costs of preparing tenders

No costs incurred by the tenderer in preparing and submitting the tender are reimbursable. All

such costs will be borne by the tenderer.

17. Ownership of tenders

The Contracting Authority retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them.

18. Joint venture or consortium

18.1 If a tenderer is a joint venture or consortium of two or more persons, the tender must be single

with the object of securing a single contract, each person must sign the tender and will be jointly

and severally liable for the tender and any contract. Those persons must designate one of their members to act as leader with authority to bind the joint venture or consortium. The

composition of the joint venture or consortium must not be altered without the prior consent in

writing of the Contracting Authority.


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18.2 The tender may be signed by the representative of the joint venture or consortium only if it has

been expressly so authorised in writing by the members of the joint venture or consortium, and the authorising contract, notarial act or deed must be submitted to the Contracting Authority in

accordance with point 11 of these Instructions to Tenderers. All signatures to the authorising

instrument must be certified in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing, in

writing, that the signatories to the tender are empowered to enter into commitments on behalf of

the members of the joint venture or consortium. Each member of such joint venture or

consortium must provide the proof required under Article 3.5 as if it, itself, were the tenderer.

19. Opening of tenders

19.1 The opening and examination of tenders is for the purpose of checking whether the tenders are

complete, whether the requisite tender guarantees have been furnished, whether the required documents have been properly included and whether the tenders are generally in order.

19.2 The tenders will be opened in public session on March 25 2010 at 10 AM at Rwanda Public

Procurement Authority, Avenue de la Paix, P.B 4068, Kigali, Rwanda by the committee appointed for the purpose. The committee will draw up minutes of the meeting, which will be

available on request.

19.3 At the tender opening, the tenderers' names, the tender prices, any discount offered, written notifications of alteration and withdrawal, the presence of the requisite tender guarantee (if

required) and such other information as the Contracting Authority may consider appropriate

may be announced.

19.4 After the public opening of the tenders, no information relating to the examination, clarification,

evaluation and comparison of tenders, or recommendations concerning the award of the contract

can be disclosed until after the contract has been awarded.

19.5 Any attempt by a tenderer to influence the evaluation committee in the process of examination,

clarification, evaluation and comparison of tenders, to obtain information on how the procedure

is progressing or to influence the Contracting Authority in its decision concerning the award of

the contract will result in the immediate rejection of its tender.

19.6 All tenders received after the deadline for submission specified in the procurement notice or

these instructions will be kept by the Contracting Authority. The associated guarantees will be returned to the tenderers. No liability can be accepted for late delivery of tenders. Late tenders

will be rejected and will not be evaluated.

20. Evaluation of tenders

20.1 Examination of the administrative conformity of tenders

The aim at this stage is to check that tenders comply with the essential requirements of the

tender dossier. A tender is deemed to comply if it satisfies all the conditions, procedures and

specifications in the tender dossier without substantially departing from or attaching restrictions

to them.

Substantial departures or restrictions are those which affect the scope, quality or execution of

the contract, differ widely from the terms of the tender dossier, limit the rights of the

Contracting Authority or the tenderer's obligations under the contract or distort competition for

tenderers whose tenders do comply. Decisions to the effect that a tender is not administratively

compliant must be duly justified in the evaluation minutes.


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If a tender does not comply with the tender dossier, it will be rejected immediately and may not

subsequently be made to comply by correcting it or withdrawing the departure or restriction.

20.2 Technical evaluation

After analysing the tenders deemed to comply in administrative terms, the evaluation committee

will rule on the technical admissibility of each tender, classifying it as technically compliant or

non-compliant.

The minimum qualifications required (see selection criteria in Procurement Notice point 16) are

to be evaluated at the start of this stage.

Where contracts include after-sales service and/or training, the technical quality of such services will also be evaluated by using yes/no criteria as specified in the tender dossier.

20.3 In the interests of transparency and equal treatment and to facilitate the examination and

evaluation of tenders, the evaluation committee may ask each tenderer individually for clarification of its tender including breakdowns of prices, within a reasonable time limit to be

fixed by the evaluation committee. The request for clarification and the response must be in

writing, but no change in the price or substance of the tender may be sought, offered or permitted except as required to confirm the correction of arithmetical errors discovered during

the evaluation of tenders pursuant to Article 20.4. Any such request for clarification must not

distort competition. Decisions to the effect that a tender is not technically compliant must be duly justified in the evaluation minutes.

20.4 Financial evaluation

a) Tenders found to be technically compliant shall be checked for any arithmetical errors in computation and summation. Errors will be corrected by the evaluation committee as

follows:

- where there is a discrepancy between amounts in figures and in words, the amount in words will be the amount taken into account;

- except for lump-sum contracts, where there is a discrepancy between a unit price and

the total amount derived from the multiplication of the unit price and the quantity, the unit price as quoted will be the price taken into account.

b) Amounts corrected in this way will be binding on the tenderer. If the tenderer does not

accept them, its tender will be rejected.

20.5 Variant solutions

Tenderers must submit a tender in accordance with the requirements of the tender dossier. The

technical specifications specify in which limits variants will be considered. Should the tenderer wish to submit variant technical proposals, it may do so. Only variants proposed by the selected

tenderer will be considered by the Contracting Authority.

Variant solutions must include all the details necessary for their full evaluation, including the proposed drawings, design calculations, technical specifications, price schedule and methods.

Any variant solution must comprise:

(a) an individual tender for the variant solution;

(b) a demonstration of the advantages of the variant solution over the initial solution,

including a quantifiable justification of any economic and/or technical advantages;

(c) the drawings and specifications provided for in the initial solution which are not affected by the variant solution;

(d) the drawings and specifications affected by the variant solution;

(e) a technical note on the design of the variant solution and, where appropriate, drawings

and calculations;


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The rates and prices inserted in the budget breakdown must correspond to the conditions laid

down in the tender documents. The tenderer must clearly indicate in its variant what additions and subtractions are to be made for each rate and price if the Contracting Authority accepts the

variant and its specific features. For lump-sum contracts, it must include an itemised breakdown

of the overall price as modified by the variant solution. For unit-price contracts, it must include a budget breakdown as modified by the variant solution.

Any variant proposals must be submitted in a separate inner envelope, clearly marked "variant",

and it must contain a technical and a financial offer.

20.6 Award criteria

The sole award criterion will be the price. The contract will be awarded to the lowest compliant

tender.

Where tenders of equivalent economic and technical quality are compared, preference shall be

given to the widest participation of ACP States. See further section 2.4.11 of the Practical Guide

to contract procedures for EC external actions.

21. Signature of the contract and performance guarantee

21.1 The successful tenderer will be informed in writing that its tender has been accepted (notification of award). Before the Contracting Authority signs the contract with the successful

tenderer, the successful tenderer must provide the documentary proof or statements required

under the law of the country in which the company (or each of the companies in case of a consortium) is established, to show that it does not fall into the exclusion situations listed in

section 2.3.3 of the Practical Guide to contract procedures for EC external actions. This

evidence or these documents or statements must carry a date, which cannot be more than 1 year before the date of submission of the tender. In addition, a statement shall be furnished stating

that the situations described in these documents have not changed since then.

21.2 The successful tenderer shall also provide evidence of the financial and economic standing and

the technical and professional capacity according to the selection criteria for this call for tender

specified in the procurement notice, point 16. The documentary proofs required are listed in

sections 2.4.12.1.3 and 2.4.12.1.4 of the Practical Guide to contract procedures for EC external actions.

21.3 If the successful tenderer fails to provide the documentary proof or statement or the evidence of

the financial and economic standing and the technical and professional capacity within 15

calendar days following the notification of award or if the successful tenderer is found to have

provided false information, the award will be considered null and void. In such a case, the

Contracting Authority may award the tender to the next lowest tenderer or cancel the tender procedure.

21.4 The Contracting Authority reserves the right to vary the quantities specified for the contract

within a range of 100%. The total value of the supplies may not rise or fall as a result of the

variation in the quantities by more than 25 % of the tender price at the time of contracting and

during the validity of the contract. The unit prices used in the tender shall be applicable to the

quantities procured under the variation.

21.5 Within 30 days of receipt of the contract already signed by the Contracting Authority, the

selected tenderer must sign and date the contract and return it, with the performance guarantee

(if applicable), to the Contracting Authority. On signing the contract, the successful tenderer

will become the Contractor and the contract will enter into force.


15

21.6 If it fails to sign and return the contract and any financial guarantee required within 30 days

after receipt of notification, the Contracting Authority may consider the acceptance of the tender to be cancelled without prejudice to the Contracting Authority's right to seize the guarantee,

claim compensation or pursue any other remedy in respect of such failure, and the successful

tenderer will have no claim whatsoever on the Contracting Authority. 21.7 The performance guarantee referred to in the General Conditions is set at 8% (eight pourcent)

of the amount of the contract and must be presented in the form specified in the annex to the

tender dossier. It will be released within 45 days of the issue of the final acceptance certificate

by the Contracting Authority, except for the proportion assigned to after-sales service.

22. Tender guarantee

The tender guarantee referred to in Article 11 above is set at 50.000 Euro’s (filthy thousand)

and must be presented in the form specified in the annex to the tender dossier. It must remain

valid for 45 days beyond the period of validity of the tender. Tender guarantees provided by tenderers who have not been selected shall be returned together with the information letter that

the tenderer has been unsuccessful. The tender guarantee of the successful tenderer shall be

released on the signing of the contract, once the performance guarantee has been submitted.

23. Ethics clauses

23.1 Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful

agreements with competitors or influence the committee or the Contracting Authority during the

process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of

its candidacy or tender and may result in administrative penalties.

23.2 Without the Contracting Authority's prior written authorisation, a Contractor and its staff or any

other company with which the Contractor is associated or linked may not, even on an ancillary

or subcontracting basis, supply other services, carry out works or supply equipment for the

project. This prohibition also applies to any other projects that could, owing to the nature of the

contract, give rise to a conflict of interest on the part of the Contractor.

23.3. When putting forward a candidacy or tender, the candidate or tenderer shall declare that it is affected by no conflict of interest and has no equivalent relation in that respect with other

tenderers or parties involved in the project. Should such a situation arise during execution of the

contract, the Contractor must immediately inform the Contracting Authority.

23.4 The Contractor must at all times act impartially and as a faithful adviser in accordance with the

code of conduct of its profession. It shall refrain from making public statements about the

project or services without the Contracting Authority's prior approval. It may not commit the Contracting Authority in any way without its prior written consent.

23.5 For the duration of the contract the Contractor and its staff shall respect human rights and

undertake not to offend the political, cultural and religious mores of the beneficiary state. In

particular and in accordance with the legal basic act concerned, tenderers who have been

awarded contracts shall respect core labour standards as defined in the relevant International

Labour Organisation conventions (such as the Conventions on freedom of association and

collective bargaining; Abolition of forced and compulsory labour; Elimination of forced and

compulsory labour; Abolition of child labour).

23.6 The Contractor may accept no payment connected with the contract other than that provided for therein. The Contractor and its staff must not exercise any activity or receive any advantage

inconsistent with their obligations to the Contracting Authority.


16

23.7 The Contractor and its staff shall be obliged to maintain professional secrecy for the entire

duration of the contract and after its completion. All reports and documents drawn up or received by the Contractor shall be confidential.

23.8 The contract shall govern the Contracting Parties' use of all reports and documents drawn up,

received or presented by them during the implementation of the contract.

23.9 The Contractor shall refrain from any relationship likely to compromise its independence or that

of its staff. If the Contractor ceases to be independent, the Contracting Authority may,

regardless of injury, terminate the contract without further notice and without the Contractor

having any claim to compensation.

23.10 The Commission reserves the right to suspend or cancel project financing if corrupt practices of

any kind are discovered at any stage of the award process and if the Contracting Authority fails

to take all appropriate measures to remedy the situation. For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift, gratuity or commission to any person as an

inducement or reward for performing or refraining from any act relating to the award of a

contract or implementation of a contract already concluded with the Contracting Authority.

23.11 All tenders will be rejected or contracts terminated if it emerges that the award or

implementation of a contract has given rise to unusual commercial expenses. Such unusual

commercial expenses are commissions not mentioned in the main contract or not stemming

from a properly concluded contract referring to the main contract, commissions not paid in

return for any actual and legitimate service, commissions remitted to a tax haven, commissions

paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company.

23.12 The Contractor undertakes to supply the Commission on request with all supporting documents

relating to the conditions of the contract's execution. The Commission may carry out whatever

documentary or on-the-spot checks it deems necessary to find evidence in cases of suspected

unusual commercial expenses.

23.13 Contractors found to have paid unusual commercial expenses on projects funded by the

Community are liable, depending on the seriousness of the facts observed, to have their

contracts terminated or to be permanently excluded from receiving Community funds.

23.14 The Contracting Authority reserves the right to suspend or cancel the procedure, where the

award procedure proves to have been subject to substantial errors, irregularities or fraud. Where

such substantial errors, irregularities or fraud are discovered after the award of the Contract, the

Contracting Authority may refrain from concluding the Contract.

24. Cancellation of the tender procedure

In the event of a tender procedure's cancellation, tenderers will be notified by the Contracting

Authority. If the tender procedure is cancelled before the tender opening session the sealed

envelopes will be returned, unopened, to the tenderers.

Cancellation may occur where:

• the tender procedure has been unsuccessful, namely where no qualitatively or

financially worthwhile tender has been received or there has been no response at all;

• the economic or technical parameters of the project have been fundamentally altered;

• exceptional circumstances or force majeure render normal implementation of the project

impossible;

• all technically compliant tenders exceed the financial resources available;


17

• there have been irregularities in the procedure, in particular where these have prevented

fair competition.

In no event shall the Contracting Authority be liable for any damages whatsoever including,

without limitation, damages for loss of profits, in any way connected with the cancellation of a tender procedure even if the Contracting Authority has been advised of the possibility of

damages. The publication of a procurement notice does not commit the Contracting Authority to

implement the programme or project announced.

25. Appeals

Tenderers believing that they have been harmed by an error or irregularity during the award process may file a complaint. See further section 2.4.15 of the Practical Guide.


18

PART B.

DRAFT CONTRACT AND SPECIAL CONDITIONS INCLUDING ANNEXES

1. DRAFT CONTRACT 2. SPECIAL CONDITIONS 3. ANNEX I GENERAL CONDITIONS 4. ANNEX II +III TECHNICAL SPECIFICATIONS + TECHNICAL offer 5. ANNEX IV FINANCIAL OFFER 6. ANNEX V FORMS


19

DRAFT CONTRACT

SUPPLY CONTRACT FOR EUROPEAN

COMMUNITY EXTERNAL ACTIONS

NO <Contract number>

FINANCED FROM THE

EUROPEAN DEVELOPMENT FUND

AND

GOVERNMENT of RWANDA

Ministry of Finance and Economic Planning

EDF NAO Support Unit

Avenue de la Révolution

Po. Box 4068 Kigali

Rwanda

Tel : (250)252-502382/502384

Fax: (250)252-571109

of the one part,

and

<Full official name of Contractor>

[Legal status/title]5

[Official registration number]6

[Full official address]

[VAT number]7, (“the Contractor”)

of the other part,

have agreed as follows:

CONTRACT TITLE

Supply and installation of photovoltaic solar equipments

in 3008 rural schools in Rwanda.

Identification number: 145 / F / 2009 – I / MININFRA – EC / RPPA

5 Where the contracting party is an individual. 6 Where applicable. For individuals, mention their ID card or passport or equivalent document - number 7 Except where the contracting party is not VAT registered.

8 Number of school is provisional and will adjusted in formal contract. Applicable to whole document.


20

Article 1 Subject

1.1 The subject of the contract is the supply, delivery, installation, commissioning and maintenance

by the contractor during the warranty period of photo voltaic and electrical equipments for

about 300 schools in rural and remote area of Rwanda.

The main components are:

• 300 full PV systems including PV panels, power inverter, batteries, regulation and control systems, mechanical support, fencing, shelter for equipments, electrical protection, cabling,

lights, switches and plugs. One size system will be provided 1.6 kWp. All PV equipments and all electrical equipments of a same nature shall be identical and from the same supply

(examples: only one type of batteries from one supplier, only one type of electrical switches

from one supplier).

• all systems will be installed and commissioned under the responsibility of the Contractor. Subcontracting installation and commissioning to local companies is encouraged, however the Contractor will provide for the full period of these activities, two in-house qualified

technicians who will supervise in situ and in his behave the installation and commissioning of

the systems.

• all maintenance services during warranty period

Contract is in one lot. It will be implemented at about 300 rural schools (final number of schools

may vary with in the limit fixed in special conditions article 22) nation wide, in rural and remote

areas of Rwanda, it is delivered duty unpaid. The implementation period is 24 months from

contract signature in accordance with article 15 of the Procurement Notice.

Description of the systems are included in annexe II and III, quantities and price are specified in annexe IV.

The Contracting authority may request to perform"in factory" verification before shipment to Rwanda. Provision for laboratory test is also foreseen. Modalities of such verification are

provided in Annex II .

The place of acceptance of the supplies shall be on each school site after full installation and

commissioning. Acceptance will be done in campaign of 40 systems; the time will be fixed upon

common agreement. The 24 months implementation period shall run from the day of signature

of the contract by the contractor. The first acceptance campaign should be held no later then 14

months after signature of the contract.

1.2 The Contractor shall comply strictly with the terms of the Special Conditions and the technical

annex including any changes under the proposed variant.

1.3 The supplies, installation and commissioning which form the subject of the contract include

obligations related to spare parts availability and maintenance services during the warranty

period. Before provisional acceptance of the first batch of equipments, the contractor shall

demonstrate availability of the spare parts and shall demonstrate that he has established an

agreement or contract with a local contractor to perform in is behave all reparations due under

the terms of warranty and all contractual maintenance services.


21

Article 2 Origin

All supplies and materials purchased must originate in a Member State of the Community and/or the

ACP States.

A certificate of origin for the supplies must be provided by the Contractor at the latest when it requests provisional acceptance of the supplies. Failure to comply with this condition may result in the

termination of the contract.

Article 3 Price

3.1 The price of the supplies shall be that shown on the financial offer (specimen in Annex IV). The total maximum contract price shall be: ………………………………………Euros.

3.2 Payments shall be made in accordance with the General and/or Special Conditions (Articles 26 to 28).

Article 4 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:

- the Contract agreement;

- the Special Conditions

- the General Conditions (Annex I);

- the Technical Specifications (Annex II including clarifications before the deadline for

submission of tenders and minutes from the information meeting/site visit; - the Technical Offer (Annex III including clarifications from the tenderer provided during

tender evaluation;

- the Budget breakdown (Annex IV); - Tax and customs arrangements (Annex VI)

- Performance guarantee (Annex VII)

- Pre-financing guarantee (Annex VIII)

The various documents making up the contract shall be deemed to be mutually explanatory; in cases of

ambiguity or divergence, they shall prevail in the order in which they appear above.

Done in English in three originals, one original being for the Contracting Authority, one original being for the European Commission, and one original being for the Contractor.

For the Contractor For the Contracting Authority

Name: Name:

Title: Title:

Signature: Signature:

Date: Date:

Endorsed for financing by the European Community

Name:

Title:

Signature:

Date: ]


22

SPECIAL CONDITIONS

These conditions amplify and supplement, if necessary, the General Conditions governing the

contract. Unless the Special Conditions provide otherwise, those General Conditions remain fully applicable. The numbering of the Articles of the Special Conditions is not consecutive but follows the

numbering of the Articles of the General Conditions. In exceptional cases, and with the authorisation

of the competent Commission departments, other clauses may be introduced to cover specific situation.

Preleminary note: Where applicable, all references to the "(European) Community /

(Europen) Communities" in the annexes to the present contract should be read as

referring to the "European Union"

Article 2 Law applicable 2.1 Rwanda law shall apply in all matters not covered by the provisions of the contract.

2.2 The language used shall be English.

Article 4 Communications Any written communication relating to this Contract between the Contracting Authority and/or the Implementing Ministry, on the one hand, and the Contractor on the other must state the Contract title

and identification number, and must be sent by post, fax, or by hand. E-mail may be used to facilitate

communication but are not contractualy biding.

All communication must be addressed simultaneously to:

Contracting authority:



Avenue de la Revolution

Po. Box 4068 Kigali

Rwanda

Tel : (250)252-502382/502384

Fax: (250)252-571109


Implementing Ministry:

Ministry of Infrastructure

Av Umuganda

Kigali

P.O Box: 24 Kigali.

Rwanda

Tel: (250)252-585755


Article 6. Subcontracting Subcontracting is allowed for the supply and installation of supports and fixation devices, fence,

equipment boxes, cables and small electrical equipments located inside of the schools such like lights,

switches, plugs and connectors. Subcontracting is allowed for installation and commissioning of PV

systems. As far as system installation is concerned, the subcontractors should have installed over the last 3 years an equivalent of 20 kWp of PV systems. Other subcontractors may be proposed to the

approval of the Contracting authorities.


23

Within 60 days of the signature of the contract, the contractor will provide the details list of

subcontractors and their scope of supply.

Concerning the duties or services to be done during warranty period, the main contractor will establish

an agreement or contract with a local representative. The name of this representative has to be

approved by the Contracting authority before the provisional acceptance of the first batch of system.

Article 7. Supply of documents

Document to be supplied with contractor request to proceed with inspection in factory:

1. Report on the factory test and measurement procedures of the PV equipments (PV modules, Batteries, invertors, regulator of charge)

Document to be supplied during inspection in factory:

1. Reports on the tests and measurement conducted on the equipment

2. Certificate of Production for the PV equipments to be shipped to Rwanda Document to be provided with contractor request to proceed with a partial provisional acceptance:

1. Equipment list for the specific unit

2. Reports on the tests and measurement conducted on the equipment (if not provided before)

3. Certificate of Production for the PV equipments to be shipped to Rwanda (if not provided

before)

4. Training and qualification certificate of school and local authority

5. Maintenance planning for the unit

6. Memorandum of understanding between MININFRA, School local authorities and contractor

Document to be provided with contractor request to proceed with the last provisional acceptance: 1. Computerized data base of equipments

Periodic reports during warranty period:

1. Report on the site visits conducted during the warranty period

Document to be provided with contractor request to proceed with the final acceptance

1. Report on maintenance services intervention (maintenance log book and consolidated report)

2. Report of interventions linked to warranty obligations (maintenance log book and

consolidated report).

3. Demonstration of existence of maintenance stock.

Article 8 Assistance with local regulations MININFRA will assist the contractor to obtain all required documents and visas for the

implementation of the project

Article 9 The Contractor's obligations The Contractor shall take the necessary measures to ensure the visibility of the European Union

financing or co-financing. These measures must comply with the rules in the Communication and

Visibility Manual for EU External Actions published by the European Commission:

http://ec.europa.eu/europeaid/work/visibility/index en.htm

Article 10 Origin All supplies and materials purchased must originate in a Member State of the Community and/or the

ACP States. In this context, the definition of the concept of "originating products" shall be assessed by

reference to the relevant international agreements, especially Protocol 1 included in Annex V of the ACP-EU Partnership Agreement, and supplies originating in the Community shall include supplies

originating in the Overseas Countries and Territories.


24

Article 11 Performance guarantee The amount of the performance guarantee shall be 8% (eight percent) of the Contract Value and the

part in respect of after sales service including any amounts stipulated in addenda to the contract]

Article 12 Insurance The equipments are under the responsibility of the contractor up to provisional acceptance. He will therefore subscribe to all necessary insurances to cover his exposure in particular, an insurance

covering carriage of supply is mandatory.

Article 13 Programme of implementation of the tasks (indicative timetable) Requirements and timetable for program implementation are included in Technical specifications.

Article 14 Contractor's drawings Requirements and timetable for program implementation are included in Technical specifications.

Article 15. Tender prices All prices are fix and firm. No revision of price will be applied.

Article 16 Tax and customs arrangements The provisions regarding tax and customs arrangements are laid down in Annex VI of the contract

Article 18 Commencement order Implementation of task is supposed to start the day after signature of the contract. No additional

Commencement order shall be issued.

Article 19 Period of Implementation of the tasks The implementation period for supply, installation and commissioning is 2 years. Maintenance services will be provided during the warranty period starting at provisional acceptance.

Article 22 Variations The Contracting Authority reserves the right, to vary the quantities at the time of contracting and

during the validity of the contract within a range of +/- 100%. The total value of the supplies may not

rise or fall as a result of the variation in the quantities by more than 25% of the tender price. The unit

prices used in the tender shall be applicable to the quantities procured under the variation.

Article 24 Quality of supplies The equipment will respect norms and standards specified in technical specifications Annexe II. They will be tested as specified and documentation of the test will be made available either on request or

during the in factory pre shipment verification.

Article 25 Inspection and testing All supplies may be inspected in factory as per technical specifications Annexe II Sample equipments may be tested in laboratory as per technical specifications Annexe II

All systems will be tested in situ as specified in technical specifications Annexe II

Article 26 Methods of payment

26.1 Payments shall be made In Euro

The present contract is co-financed by the Government of Rwanda and the European development fund. The total contribution of the European Development Fund under the project is 3.780.000 Euros

(three millions seven hundred eighty thousand Euros). The Government of Rwanda will pay for the

remaining cost.


25

Payments shall be authorised and made by the Contracting Authority for the Government of Rwanda

contribution. Payments shall be authorised by the Contracting Authority and made by the Commission for the

European Union contribution.

All invoices are presented to the Contracting Authority, the Contractor must inform the Commission of the European Union, at "Delegation of the European Union, 1807 Boulevard de l'Umuganda,

B.P.515 Kigali" thereof by sending a copy of the correspondence.

Payment of the supply: (item 1 of price sheet table 1)

In order to obtain payments, the Contractor must forward to the authority referred to in paragraph 26.1

above:

a) For the 60% pre-financing, in addition to the payment request, the performance guarantee. If a pre-financing is requested and this payment exceeds EUR 150.000, or if no proof documents have been

provided for the selection criteria, the Contractor must provide a financial guarantee for the full

amount of the pre-financing payment. b) For the 40% balance:

32% paid on the invoice(s) in [triplicate] following provisional acceptance of the supplies. Partial

provisional acceptance paid accepted per batch of 30 units as per provision in technical specification. 8% paid on the invoice(s) in [triplicate] following final acceptance of the supplies. Partial final

acceptance paid accepted per batch of 30 units as per provision in technical specification.

Payment of installation, local transport and staff training: (item 2,3 and 4 of price sheet table 1)

a) For the 20% pre-financing, in addition to the payment request, the performance guarantee. If a pre-

financing is requested and this payment exceeds EUR 150.000, or if no proof documents have been provided for the selection criteria, the Contractor must provide a financial guarantee for the full

amount of the pre-financing payment.

b) For the 80% balance: 72% paid on the invoice(s) in [triplicate] following provisional acceptance of the supplies. Partial

provisional acceptance paid accepted per batch of 30 units as per provision in technical specification.

8% paid on the invoice(s) in [triplicate] following final acceptance of the supplies. Partial final acceptance paid accepted per batch of 30 units as per provision in technical specification.

Payment of maintenance services during warranty period: (item 5 of price sheet table 1)

a) For the 20% pre-financing, in addition to the payment request, the performance guarantee. If a pre-

financing is requested and this payment exceeds EUR 150.000, or if no proof documents have been

provided for the selection criteria, the Contractor must provide a financial guarantee for the full

amount of the pre-financing payment.

b) Payment request are presented every 3 months to the Contracting Authority. Consolidated

maintenance reports are provided as supporting document. Payment based on the invoice(s) in [triplicate] following provisional acceptance of the maintenance report. Rate of payment is not

constant since it will depend of time when warranty period starts and finish for the batches of units.

For a specific batch of unit, last payment can only be claimed after final acceptance.

All pre-financing are paid at the beginning of the contract to the main contractor.

26.3 By derogation the sums due shall be paid within no more than 90 calendar days

26.4 By derogation the period shall be 90 days.

26.9 Price revision: There will be no price revision

Article 28 Delayed payments


26

28.2 By derogation from Article 28.2 of the General Conditions, once the deadline laid down in

Article 28.1 has expired, the Contractor shall receive late-payment interest: - at the rediscount rate applied by the issuing institution of the country of the Contracting

Authority where payments are in national currency;

- at the rate applied by the European Central Bank to its main refinancing transactions in euro, as published in the Official Journal of the European Union, where payments are in euro,

on the first day of the month in which the deadline expired, plus seven percentage points. The

late-payment interest shall apply to the time which elapses between the date of the payment

deadline and the date on which the Contracting Authority's account is debited. By way of

exception, when the interest calculated in accordance with this provision is lower than or equal

to EUR 200, it shall be paid to the Contractor only upon a demand submitted within two months

of receiving late payment. The Member States are not entitled to late-payment interest.

Article 29 Delivery 29.1 The Contractor shall bear all risks relating to the goods until provisional acceptance at

destination. The supplies shall be packaged so as to prevent their damage or deterioration in

transit to their destination.

29.2 All delivered equipments will have to be packaged adequately and the content will have to be specified clearly on the outside (type of equipment, quantities, origin, date of

departure etc.)

29.3 The packaging shall remain the property of the Contractor subject to respect for the environment and regulation of Rwanda in terms of waste disposal.

29.5/6 The packaging costs will be borne by the contractor

Article 31 Provisional acceptance

The Certificate of Provisional Acceptance must be issued using a template similar to Annex

VI but providing detailed acceptance criteria.

Article 32 Warranty

The Contractor shall warrant that the supplies are new, unused, of the most recent models and

incorporate all recent improvements in design and materials. The Contractor shall further

warrant that none of the supplies have any defect arising from design, materials or

workmanship. This warranty shall remain valid for one year after provisional acceptance.

The warranty means "replacement by new equipment and free installation” of failed

components or presenting degradated performances. If he wants to repair rather than then

replace, the contractor must obtain prior authorization of the Contracting authority. Response

time and reporting procedures specified in section technical specifications Annex II shall be

respected.

It is warranted that the performance of any component does not undergo significant

degradation during 20 years for the PV Modules, 6 years for the batteries and 2 years for the

inverters and regulators as indicated in technical specifications. This technological guarantee

is therefore included in the warranty scheme. The performance audit may be requested by the

contracting authority if he observes abnormal performance degradations. The contracting

authority may request replacement or financial compensation for equipments having

degradated performances.


27

The exclusions from the warranty are damage resulting from acts of war, riots, vandalism and

natural disasters. To define its responsibilities, the bidder shall clearly indicate the limits to

the application of safeguards for intervention by third parties. Any restrictions other than

those related to intervention by third parties, or those specified in this section is unacceptable

and would make the bid non-compliant. The limitations to the interventions by third parties

can never prevent the use and enjoyment of the normal system by the beneficiaries. They can

not prevent routine maintenance by local beneficiary or periodic maintenance by a qualified

enterprise. All costs relating to benefits associated with these warranties is included in the

market. This section is supplemented by the provisions relating to maintenance service during

the warranty period.

Article 33 After-sales service

In addition to obligation resulting from the warranty, the supplier and/or its representative(s)

will provide all required maintenance service during the warranty period as per specified in

technical specification and technical Offer.

Article 40 Settlement of disputes

40.1 Any dispute arising out of or relating to this contract which cannot be settled otherwise shall:

(a) in the case of a national contract, be settled in accordance with the national

legislation of the state of the contracting authority; and

(b) in the case of a transnational contract, be settled either:

(i) if the parties to the contract so agree, in accordance with the national legislation of the beneficiary country or its established international practices; or

(ii) by arbitration in accordance with the Procedural rules on conciliation and

arbitration of contracts financed by the European Development Fund, adopted by

Decision 3/90 of the ACP-EEC Council of Ministers of 29 March 1990 (Official

Journal No L 382, 31.12.1990)(see General Annex A 12]


28

ANNEX 1: GENERAL CONDITIONS

27 pages numbered separately

2008 Page 1 of 27

c4_annexigc_en.doc

ANNEX I : GENERAL CONDITIONS

FOR SUPPLY CONTRACTS FINANCED BY THE EUROPEAN COMMUNITY OR BY

THE EUROPEAN DEVELOPMENT FUND

CONTENT

PRELIMINARY PROVISIONS ................................................................................................................................ 1

Article 1 Definitions............................................................................................................................................................1

Article 2 Law and language of the contract.........................................................................................................................1

Article 3 Order of precedence of contract documents .........................................................................................................1

Article 4 Communications...................................................................................................................................................2

Article 5 Assignment...........................................................................................................................................................2

Article 6 Subcontracting......................................................................................................................................................3

OBLIGATIONS OF THE CONTRACTING AUTHORITY .................................................................................... 3

Article 7 Supply of documents ............................................................................................................................................3

Article 8 Assistance with local regulations..........................................................................................................................4

OBLIGATIONS OF THE CONTRACTOR .............................................................................................................. 4

Article 9 General Obligations..............................................................................................................................................4

Article 10 Origin ...................................................................................................................................................................5

Article 11 Performance guarantee .........................................................................................................................................5

Article 12 Insurance ..............................................................................................................................................................6

Article 13 Programme of implementation of the tasks ..........................................................................................................6

Article 14 Contractor's drawings ...........................................................................................................................................7

Article 15 Sufficiency of tender prices..................................................................................................................................7

Article 16 Tax and customs arrangements.............................................................................................................................8

Article 17 Patents and licences..............................................................................................................................................8

COMMENCEMENT OF IMPLEMENTATION OF THE TASKS AND DELAYS ............................................... 8

Article 18 Commencement order ..........................................................................................................................................8

Article 19 Period of implementation of the tasks ..................................................................................................................8

Article 20 Extension of period of implementation of the tasks .............................................................................................9

Article 21 Delays in implementation of the tasks..................................................................................................................9

Article 22 Variations ...........................................................................................................................................................10

MATERIALS AND WORKMANSHIP ................................................................................................................... 12

Article 24 Quality of supplies..............................................................................................................................................12

Article 25 Inspection and testing.........................................................................................................................................13

PAYMENTS ............................................................................................................................................................. 14

Article 26 General principles...............................................................................................................................................14

Article 27 Payment to third parties......................................................................................................................................16

Article 28 Delayed payments ..............................................................................................................................................16

ACCEPTANCE AND MAINTENANCE ................................................................................................................ 17

Article 29 Delivery..............................................................................................................................................................17

Article 30 Verification operations .......................................................................................................................................17

Article 31 Provisional acceptance .......................................................................................................................................18

Article 32 Warranty obligations ..........................................................................................................................................19

Article 33 After-sales service ..............................................................................................................................................20

Article 34 Final acceptance .................................................................................................................................................20

BREACH OF CONTRACT AND TERMINATION............................................................................................... 20

Article 35 Breach of contract ..............................................................................................................................................20

Article 36 Termination by the Contracting Authority .........................................................................................................21

Article 37 Termination by the Contractor ...........................................................................................................................22

Article 38 Force majeure.....................................................................................................................................................22

Article 39 Decease ..............................................................................................................................................................23

DISPUTE SETTLEMENT ...................................................................................................................................... 24

Article 40 Dispute settlement ..............................................................................................................................................24

ETHICS CLAUSES ............................................................................................................................................... 244

Article 41 Ethics clauses .....................................................................................................................................................24

Article 42 Administrative and financial penalties ...............................................................................................................25

Article 43 Checks and audits by Community bodies...........................................................................................................26

2008 Page 1 of 27

c4_annexigc_en.doc

PRELIMINARY PROVISIONS

Article 1 - Definitions

1.1. The headings and titles in these General Conditions shall not be taken as part thereof or be

taken into consideration in the interpretation of the contract.

1.2. Where the context so permits, words in the singular shall be deemed to include the plural and

vice versa, and words in the masculine shall be deemed to include the feminine and vice

versa.

1.3. Words designating persons or parties shall include firms and companies and any organisation

having legal capacity.

1.4. The definitions of the terms used throughout this General Conditions are laid down in the

"Glossary of terms", annex A1 to the Practical Guide to contract procedures for EC external

actions, which forms an integral part of this contract.

Article 2 - Law and language of the contract

2.1. The Special Conditions shall specify the law governing all matters not covered by the

contract.

2.2. The contract and all written communications between the parties will be drafted in the

language of the procedure.

Article 3 - Order of precedence of contract documents

3.1. Save where otherwise provided in the special conditions, the contract is made up of the

following documents, in order of precedence:

a) the contract agreement;

b) the Special Conditions;

c) the General Conditions (Annex I);

d) the Technical Specifications (Annex II) including clarifications before the deadline for

submission of tenders and minutes from the information meeting/site visit;

e) the Technical Offer (Annex III), including clarifications from the Contractor provided

during tender evaluation;

f) the budget breakdown (Annex IV);

g) specified forms and other relevant documents (Annex V)

Addenda have the order of precedence of the document they are modifying.

3.2. The various documents making up the contract shall be deemed to be mutually explanatory;

in cases of ambiguity or divergence, they should be read in the order in which they appear

above.

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Article 4 - Communications

4.1. Communications between the Contracting Authority and/or the Project Manager on the one

hand, and the Contractor on the other, shall be exclusively in writing. Unless otherwise

specified in the Special Conditions, communications between the Contracting Authority

and/or the Project Manager on the one hand, and the Contractor on the other hand, shall be

sent by post, cable, telex, fax transmission, or delivered by hand, to the addresses designated

by the Parties for that purpose.

4.2. If the person sending a communication requires acknowledgement of receipt, he/she shall

indicate this in his communication. Whenever there is a deadline for the receipt of a written

communication, the sender should ask for an acknowledgement of receipt of his

communication. In any event, the sender shall take all necessary measures to ensure receipt

of his communication.

4.3. Wherever the contract provides for the giving or issue of any notice, consent, approval,

certificate or decision, unless otherwise specified such notice, consent, approval, certificate

or decision shall be in writing and the words "notify", "certify", "approve" or "decide" shall

be construed accordingly. Any such consent, approval, certificate or decision shall not

unreasonably be withheld or delayed.

Article 5 - Assignment

5.1. An assignment shall be valid only if it is a written agreement by which the Contractor

transfers his contract or part thereof to a third party.

5.2. The Contractor may not, without the prior written consent of the Contracting Authority,

assign the contract or any part thereof, or any benefit or interest thereunder, except in the

following cases:

a) a charge, in favour of the Contractor's bankers, of any monies due or to become due under

the contract; or

b) the assignment to the Contractor's insurers of the Contractor's right to obtain relief against

any other person liable in cases where the insurers have discharged the Contractor's loss

or liability.

5.3. For the purpose of Article 5.2, the approval of an assignment by the Contracting Authority

shall not relieve the Contractor of his obligations for the part of the contract already

performed or the part not assigned.

5.4. If the Contractor has assigned his contract without authorisation, the Contracting Authority

may, without giving formal notice thereof, apply as of right the sanctions for breach of

contract provided for in Article 35 and 36.

5.5. Assignees must satisfy the eligibility criteria applicable for the award of the contract and

they can not be in any of the situations excluding them from participating in contracts which

are listed in Section 2.3.3 of the Practical Guide to contract procedure for EC external

actions.

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Article 6 - Subcontracting

6.1. A subcontract shall be valid only if it is a written agreement by which the Contractor entrusts

implementation of a part of the tasks to a third party.

6.2. The Contractor shall not subcontract without the prior written authorisation of the

Contracting Authority. The elements of the contract to be subcontracted and the identity of

the subcontractors shall be notified to the Contracting Authority. The Contracting Authority

shall notify the Contractor of its decision within 30 days of receiving the notification, stating

its reasons if authorisation is withheld.

6.3. Subcontractors must satisfy the eligibility criteria applicable for the award of the contract

and they can not be in any of the situations excluding them from participating in contracts

which are listed in Section 2.3.3 of the Practical Guide to contract procedure for EC external

actions.

6.4. The Contracting Authority recognises no contractual link between itself and the

subcontractors.

6.5. The Contractor shall be responsible for the acts, defaults and negligence of his

subcontractors and their agents or employees, as if they were the acts, defaults or negligence

of the Contractor, his agents or employees. The approval by the Contracting Authority of the

subcontracting of any part of the contract or of the subcontractor shall not relieve the

Contractor of any of his obligations under the contract.

6.6. If a subcontractor has undertaken any continuing obligation extending for a period exceeding

that of the warranty period under the contract towards the Contractor in respect of the

supplies provided by the subcontractor, the Contractor must, at any time after the expiration

of the warranty period, transfer immediately to the Contracting Authority, at the Contracting

Authority's request and cost, the benefit of such obligation for the unexpired duration

thereof.

6.7. If the Contractor enters into a subcontract without approval, the Contracting Authority may,

without giving formal notice thereof, apply as of right the sanctions for breach of contract

provided for in Article 35.

OBLIGATIONS OF THE CONTRACTING AUTHORITY

Article 7 - Supply of documents

7.1. If necessary, within 30 days of the signing of the contract, the Project Manager shall, where

necessary, provide the Contractor, free of charge, with a copy of the drawings prepared for

the implementation of the tasks and a copy of the specifications and other contract

documents. The Contractor may purchase additional copies of these drawings, specifications

and other documents, in so far as they are available. Upon the issue of the warranty

certificate, or upon final acceptance, the Contractor shall return to the Project Manager all

drawings, specifications and other contract documents.

7.2. Unless it is necessary for the purposes of the contract, the drawings, specifications and other

documents provided by the Project Manager shall not be used or communicated to a third

party by the Contractor without the prior consent of the Project Manager.

7.3. The Project Manager shall have authority to issue to the Contractor administrative orders

incorporating such supplementary documents and instructions as are necessary for the proper

execution of the contract and the remedying of any defects therein.

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7.4. The special conditions must indicate the procedure used, if necessary, by the Contracting

Authority and the Project Manager to approve drawings and other documents provided by

the Contractor.

Article 8 - Assistance with local regulations

8.1. The Contractor may request the assistance of the Contracting Authority in obtaining copies

of laws, regulations and information on local customs, orders or bye-laws of the country

where the supplies are to be delivered which may affect the Contractor in the performance of

his obligations under the contract. The Contracting Authority may provide the assistance

requested to the Contractor at the Contractor's cost.

8.2. If necessary, the Contractor shall duly notify the Contracting Authority of details of the

supplies so that the Contracting Authority can obtain the requisite permits or import licences.

8.3. If necessary, the Contracting Authority will undertake to obtain, in accordance with the

Special Conditions, the requisite permits or import licences within a reasonable period,

taking account of the implementation dates for the tasks.

8.4. Subject to the provisions of the laws and regulations on foreign labour of the states in which

the supplies are to be delivered, the Contracting Authority shall make every effort to help the

Contractor obtain all the visas and permits required for the personnel whose services the

Contractor and the Contracting Authority consider necessary and residence permits for their

families.

OBLIGATIONS OF THE CONTRACTOR

Article 9 - General Obligations

9.1. The Contractor shall implement the contract with due care and diligence including, where

specified, the design, manufacture, delivery to site, erecting, testing and commissioning of

the supplies and carrying out of any other work including the remedying of any defects in the

supplies. The Contractor shall also provide all necessary equipment, supervision, labour and

facilities required for the implementation of the tasks.

9.2. Contractor considers that the requirement of an administrative order goes beyond the scope

of the contract, it shall, on pain of breach of contract, notify the Project Manager thereof,

giving his reasons, within 30 days of receipt of the order. Execution of the administrative

order shall not be suspended because of this notice.

9.3. For matters not governed by the contract, the Contractor shall respect and abide by all laws

and regulations in force according to article 2 of the Special Conditions and shall ensure that

his personnel, their dependants, and his local employees also respect and abide by all such

laws and regulations. The Contractor shall indemnify the Contracting Authority against any

claims and proceedings arising from any infringement by the Contractor, his employees and

their dependants of such laws and regulations. The Contractor shall respect internationally

agreed core labour standards, e.g. the ILO core labour standards, conventions on freedom of

association and collective bargaining, elimination of forced and compulsory labour,

elimination of discrimination in respect of employment and occupation, and the abolition of

child labour.

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9.4. The Contractor shall treat all documents and information received in connection with the

contract as private and confidential. He shall not, save in so far as may be necessary for the

purposes of the contract's execution, publish or disclose any particulars of the contract

without the prior consent in writing of the Contracting Authority or the Project Manager. If

any disagreement arises as to the necessity for any publication or disclosure for the purpose

of the contract, the decision of the Contracting Authority shall be final.

9.5. If the Contractor is a joint venture or consortium of two or more persons, all such persons

shall be jointly and severally bound to fulfil the terms of the contract according to the law of

the state of the Contracting Authority and shall, at the request of the Contracting Authority,

designate one of such persons to act as leader with authority to bind the joint venture or

consortium. The composition of the joint venture or consortium shall not be altered without

the prior consent in writing of the Contracting Authority.

9.6. Save where the European Commission requests or agrees otherwise, the Contractor shall take

the necessary measures to ensure the visibility of the European Union financing or co-

financing. These measures must comply with the rules in the Communication and Visibility

Manual for EU External Actions published by the European Commission.

Article 10 - Origin

10.1. Save where otherwise provided for in the Special Conditions, supplies must originate in a

Member State of the European Union or in an eligible country as stated in the invitation to

tender.

10.2. The Contractor must certify that the goods tendered comply with this requirement,

specifying their countries of origin. He may be required to provide more detailed information

in this respect.

10.3. The Contractor shall present an official certificate of origin on provisional acceptance.

Failure to comply with this obligation shall lead, after formal notice, to termination of the

contract.

Article 11 - Performance guarantee

11.1. The Contractor shall, together with the return of the countersigned contract, furnish the

Contracting Authority with a guarantee for the full and proper execution of the contract. The

amount of the guarantee shall be specified in the Special Conditions. It shall be in the range

of 5 and 10% of the amount of the contract price, including any amounts stipulated in

addenda to the contract.

11.2. The performance guarantee shall be held against payment to the Contracting Authority for

any loss resulting from the Contractor's failure to perform his contractual obligations fully

and properly.

11.3. The performance guarantee shall be in the format given in Annex V and may be provided in

the form of a bank guarantee, a banker's draft, a certified cheque, a bond provided by an

insurance and/or bonding company or an irrevocable letter of credit.

11.4. The performance guarantee shall be denominated in the currency in which the contract is

payable. No payments shall be made in favour of the Contractor prior to the provision of the

guarantee. The guarantee shall continue to remain valid until the contract has been fully and

properly performed.

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11.5. During the execution of the contract, if the natural or legal person providing the guarantee is

not able to abide by his commitments, the guarantee shall cease to be valid. The Contracting

Authority shall give formal notice to the Contractor to provide a new guarantee on the same

terms as the previous one. Should the Contractor fail to provide a new guarantee, the

Contracting Authority may terminate the contract. Before so doing, the Contracting

Authority shall send a registered letter with acknowledgement of receipt, which shall set a

new deadline of no less than 15 days from the day of delivery of the letter.

11.6. The Contracting Authority shall demand payment from the guarantee of all sums for which

the guarantor is liable under the guarantee due to the Contractor's default under the contract,

in accordance with the terms of the guarantee and up to the value thereof. The guarantor

shall, without delay, pay those sums upon demand from the Contracting Authority and may

not raise any objection for any reason whatsoever. Before making any claim under the

performance guarantee, the Contracting Authority shall notify the Contractor stating the

nature of the default in respect of which the claim is to be made.

11.7. Except for such part as may be specified in the Special Conditions in respect of after-sales

service, the performance guarantee shall be released within 45 days of the issue of the final

acceptance certificate.

Article 12 - Insurance

12.1. An insurance policy may be required to cover the carriage of supplies; the conditions of this

insurance policy may be specified in Article 12 of the Special Conditions, which may also

specify other types of insurance to be taken out by the Contractor.

12.2. Notwithstanding the Contractor's insurance obligations under Article 12.1, the Contractor

shall bear sole liability for, and indemnify the Contracting Authority and the Project

Manager against, any claims by third parties for damage to property or personal injuries

arising from the execution of the contract by the Contractor, his subcontractors and their

employees.

Article 13 - Programme of implementation of the tasks

13.1. If the Special Conditions so require, the Contractor shall submit a programme of

implementation of the tasks for the approval of the Project Manager. The programme shall

contain at least the following:

a) the order in which the Contractor proposes to perform the contract including design,

manufacture, delivery to place of receipt, installation, testing and commissioning;

b) the deadlines for submission and approval of the drawings;

c) a general description of the methods which the Contractor proposes to adopt for

executing the contract; and

d) such further details and information as the Project Manager may reasonably require.

13.2. The Special Conditions shall specify the time limit within which the programme of

implementation of the tasks must be submitted to the Project Manager for approval. They

may set time limits within which the Contractor must submit all or part of the detailed

drawings, documents and items. They shall also state the deadline for the Project Manager's

approval or acceptance of the programme of implementation, detailed drawings, documents

and items. The approval of the programme by the Project Manager shall not relieve the

Contractor of any of his obligations under the contract.µ

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13.3. No material alteration to the programme shall be made without the approval of the Project

Manager. If, however, the progress of the implementation of the tasks does not conform to

the programme, the Project Manager may instruct the Contractor to revise the programme

and submit the revised programme to him/her for approval.

Article 14 - Contractor's drawings

14.1. If the Special Conditions so provide, the Contractor shall submit to the Project Manager for

approval:

a) the drawings, documents, samples and/or models, according to the time limits and

procedures laid down in the Special Conditions;

b) such drawings as the Project Manager may reasonably require for the implementation of

the tasks.

14.2. If the Project Manager fails to notify his decision of approval referred to in Article 14.1

within the deadlines referred to in the contract or the approved programme of

implementation of the tasks, such drawings, documents, samples or models shall be deemed

to be approved on expiry of the deadlines. If no deadline is specified, they shall be deemed to

be approved 30 days after receipt.

14.3. Approved drawings, documents, samples and models shall be signed or otherwise identified

by the Project Manager and may only be departed from on the Project Manager's

instructions. Any of the Contractor's drawings, documents, samples or models which the

Project Manager refuses to approve shall immediately be modified to meet the requirements

of the Project Manager and resubmitted by the Contractor for approval.

14.4. The Contractor shall supply additional copies of approved drawings in the form and numbers

stated in the contract or in subsequent administrative orders.

14.5. The approval of the drawings, documents, samples or models by the Project Manager shall

not relieve the Contractor from any of his obligations under the contract.

14.6. The Project Manager shall have the right to inspect all drawings, documents, samples or

models relating to the contract at the Contractor's premises at all reasonable times.

14.7. Before provisional acceptance of the supplies, the Contractor shall supply operation and

maintenance manuals together with drawings, which shall be in such detail as will enable the

Project Manager to operate, maintain, adjust and repair all parts of the supplies. Unless

otherwise stated in the Special Conditions, the manuals and drawings shall be in the

language of the contract and in such forms and numbers as stated in the contract. The

supplies shall not be considered completed for the purpose of provisional acceptance until

such manuals and drawings have been supplied to the Contracting Authority.

Article 15 - Sufficiency of tender prices

15.1. Subject to any provisions which may be laid down in the Special Conditions, the Contractor

shall be deemed to have satisfied himself before submitting his tender as to the correctness

and sufficiency of the tender and to have taken account of all that is required for the full and

proper implementation of the tasks and to have included in his rates and prices all costs

related to the supplies, in particular:

a) the costs of transport;

b) the costs of handling, packing, loading, unloading, transit, delivery, unpacking, checking,

insurance and other administrative costs in connection with the supplies. The packaging

shall be the property of the Contracting Authority unless otherwise provided in the

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Special Conditions;

c) the cost of documents relating to the supplies where such documents are required by the

Contracting Authority;

d) execution and supervision of on-site assembly and/or commissioning of the delivered

supplies;

e) furnishing of tools required for assembly and/or maintenance of the delivered supplies;

f) furnishing of detailed operation and maintenance manuals for each unit of the delivered

supplies, as specified in the contract;

g) supervision or maintenance and/or repair of the supplies, for a period of time stated in the

contract, with the stipulation that this service shall not release the Contractor from any

warranty obligations under the contract;

h) training of the Contracting Authority's personnel, at the Contractor's factory and/or

elsewhere as specified in the contract.

15.2. Since the Contractor is deemed to have determined its prices on the basis of its own

calculations, operations and estimates, it shall, at no additional charge, carry out any work

that is the subject of any item in its tender for which its indicates neither a unit price nor a

lump sum.

Article 16 - Tax and customs arrangements

Provisions regarding tax and customs arrangements are laid down in the Special Conditions.

Article 17 - Patents and licences

Save where otherwise provided in the Special Conditions, the Contractor shall indemnify the Contracting

Authority and the Project Manager against any claim resulting from the use as specified in the contract of

patents, licences, drawings, models, or brand or trade marks, unless such infringement results from

compliance with the design or specification provided by the Contracting Authority and/or the Project

Manager.

COMMENCEMENT OF IMPLEMENTATION OF THE TASKS AND

DELAYS

Article 18 - Commencement order

18.1. The Contracting Authority shall fix the date on which implementation of the tasks is to

commence and advise the Contractor thereof either in the notice of award of the contract or

by administrative order issued by the Project Manager.

18.2. Save where the Parties agree otherwise, implementation of the tasks shall begin no later than

90 days after notification of award of contract. After that date the Contractor shall be entitled

not to implement the contract and to obtain its termination or compensation for the damage it

has suffered. The Contractor shall forfeit this right unless it exercises it within 30 days of the

expiry of the 90-day period.

Article 19 - Period of implementation of the tasks

19.1. The period of implementation of tasks shall commence on the date fixed in accordance with

Article 18 and shall be as stated in the contract, without prejudice to extensions of the period

which may be granted under Article 20.

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19.2. If provision is made for distinct periods of implementation of the tasks for separate lots, in

cases where one Contractor is awarded more than one lot per contract, the periods of

implementation of the tasks for the separate lots will not be accumulated.

Article 20 - Extension of period of implementation of the tasks

20.1. The Contractor may request an extension to the period of implementation of the tasks if his

implementation of the contract is delayed, or expected to be delayed, for any of the following

reasons:

a) extra or additional supplies ordered by the Contracting Authority;

b) exceptional weather conditions in the country of the Contracting Authority which may

affect installation or erection of the supplies;

c) physical obstructions or conditions which may affect delivery of the supplies, which

could not reasonably have been foreseen by a competent contractor;

d) administrative orders affecting the date of completion other than those arising from the

Contractor's default;

e) failure of the Contracting Authority to fulfil its obligations under the contract;

f) any suspension of the delivery and/or installation of the supplies which is not due to the

Contractor's default;

g) force majeure;

h) any other causes referred to in these General Conditions which are not due to the

Contractor's default.

20.2. Within 15 days of realising that a delay might occur, the Contractor shall notify the Project

Manager of his intention to make a request for extension of the period of implementation of

the tasks to which it considers himself entitled and, save where otherwise agreed between the

Contractor and the Project Manager, within 30 days provide the Project Manager with

comprehensive details so that the request can be examined.

20.3. Within 30 days the Project Manager shall, by written notice to the Contractor after due

consultation with the Contracting Authority and, where appropriate, the Contractor, grant

such extension of the period of implementation of the tasks as may be justified, either

prospectively or retrospectively, or inform the Contractor that it is not entitled to an

extension.

Article 21 - Delays in implementation of the tasks

21.1. If the Contractor fails under his own responsibility to deliver any or all of the goods or

perform the services within the time limit(s) specified in the contract, the Contracting

Authority shall, without formal notice and without prejudice to its other remedies under the

contract, be entitled, for every day which shall elapse between the expiry of the

implementation period of the tasks and the actual date of completion, to liquidated damages

equal to 5/1000 of the value of the undelivered supplies to a maximum of 15% of the total

value of the contract.

21.2. If the non-delivery of any of the goods prevents the normal use of the supplies as a whole,

the liquidated damages provided for in paragraph 21.1 shall be calculated on the basis of the

total contract value.

21.3. If the Contracting Authority has become entitled to claim at least 15% of the contract value it

may, after giving written notice to the Contractor:

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- seize the performance guarantee;

- terminate the contract, in which case the Contractor will have no right to compensation;

and

- enter into a contract with a third party for the provision of the balance of the supplies. The

Contractor shall not be paid for this part of the contract. The Contractor shall also be

liable for the additional costs and damages caused by his failure.

Article 22 - Variations

22.1. Subject to the limits set in the Practical Guide to contract procedures for EC external actions,

the Contracting Authority reserves the right, to vary the quantities as stated in the Special

Conditions. The total value of the supplies may not rise or fall as a result of the variation in

the quantities by more than 25% of the tender price. The unit prices used in the tender shall

be applicable to the quantities procured under the variation. Substantial modifications to the

contract, including modifications to the total contract amount, must be made by means of an

addendum.

22.2. The Project Manager shall have the power to order any variation to any part of the supplies

necessary for the proper completion and/or functioning of the supplies. Such variations may

include additions, omissions, substitutions, changes in quality, quantity, form, character,

kind, as well as drawings, designs or specifications where the supplies are to be specifically

manufactured for the Contracting Authority, method of shipment or packing, place of

delivery, and in the specified sequence, method or timing of implementation of the tasks. No

order for a variation may result in the invalidation of the contract, but the financial effect of

any such variation shall be valued in accordance with Article 22.6.

22.3. No variation shall be made except by administrative order, subject to the following

provisions:

a) if, for whatever reason, the Project Manager believes it necessary to give an order orally,

he/she shall confirm the order by an administrative order as soon as possible;

b) if the Contractor confirms in writing an oral order given for the purpose of Article 22.3.a

and the confirmation is not contradicted in writing forthwith by the Project Manager, an

administrative order shall be deemed to have been issued for the variation;

c) an administrative order for a variation shall not be required when increasing or decreasing

the quantity of any work because the estimates in the budget breakdown were too high or

too low.

22.4. Save where Article 22.2 provides otherwise, prior to issuing an administrative order for a

variation, the Project Manager shall notify the Contractor of the nature and form of that

variation. As soon as possible, after receiving such notice, the Contractor shall submit to the

Project Manager a proposal containing:

- a description of the tasks, if any, to be performed or the measures to be taken and a

programme of implementation of the tasks;

- any necessary modifications to the programme of implementation of the tasks or to any of

the Contractor's obligations under the contract;

- any adjustment to the contract price in accordance with the rules set out in Article 22.

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22.5. Following the receipt of the Contractor's submission referred to in Article 22.4, the Project

Manager shall, after due consultation with the Contracting Authority and, where appropriate,

the Contractor, decide as soon as possible whether or not the variation should be carried out.

If the Project Manager decides that the variation is to be carried out, he/she shall issue an

administrative order stating that the variation is to be made at the prices and under the

conditions given in the Contractor's submission referred to in Article 22.4 or as modified by

the Project Manager in accordance with Article 22.6.

22.6. The prices for all variations ordered by the Project Manager in accordance with Articles 22.3

and 22.5 shall be ascertained by the Project Manager in accordance with the following

principles:

- where the task is of similar character and implemented under similar conditions to an

item priced in the budget breakdown, it shall be valued at such rates and prices contained

therein;

- where the task is not of similar character or is not implemented under similar conditions,

the rates and prices in the contract shall be used as the basis for valuation in so far as is

reasonable, failing which a fair valuation shall be made by the Project Manager;

- if the nature or amount of any variation relative to the nature or amount of the whole of

the contract or to any part thereof is such that, in the opinion of the Project Manager, any

rate or price contained in the contract for any item of work is by reason of such variation

rendered unreasonable, then the Project Manager shall fix such rate or price as he/she

thinks reasonable and proper in the circumstances;

- where a variation is necessitated by a default or breach of contract by the Contractor, any

additional cost attributable to such variation shall be borne by the Contractor.

22.7. On receipt of the administrative order requesting the variation, the Contractor shall proceed

to carry out the variation and be bound by that order in so doing as if such variation were

stated in the contract. The supplies shall not be delayed pending the granting of any

extension of implementation period of tasks or adjustment to the contract price. Where the

order for a variation precedes the adjustment to the contract price, the Contractor shall keep

records of the costs of undertaking the variation and of the time expended thereon. Such

records shall be open to inspection by the Project Manager at all reasonable times.

22.8. Contractual variations not covered by an administrative order must be formalised through an

addendum to the contract signed by all parties. Changes of address or bank account may

simply be notified in writing by the Contractor to the Contracting Authority. Any contractual

variations must respect the general principles defined in the Practical Guide to contract

procedures for EC external actions.

Article 23 - Suspension

23.1. The Project Manager may, by administrative order, at any time, instruct the Contractor to

suspend:

a) the manufacture of the supplies; or

b) the delivery of supplies to the place of acceptance at the time specified for delivery in the

programme of implementation of the tasks or, if no time specified, at the time appropriate

for it to be delivered; or

c) the installation of the supplies which have been delivered to the place of acceptance.

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23.2. The Contractor shall, during suspension, protect and secure the supplies affected at the

Contractor's warehouse or elsewhere, against any deterioration, loss or damage to the extent

possible and as instructed by the Project Manager, even if supplies have been delivered to

the place of acceptance in accordance with the contract but their installation has been

suspended by the Project Manager.

23.3. Additional expenses incurred in connection with such protective measure shall be added to

the contract price. The Contractor shall not be paid any additional expenses if the suspension

is:

a) dealt with differently in the contract; or

b) necessary by reason of normal climatic conditions at the place of acceptance; or

c) necessary owing to some default of the Contractor; or

d) necessary for the safety or the proper execution of the contract or any part thereof insofar

as such necessity does not arise from any act or default by the Project Manager or the

Contracting Authority.

23.4. The Contractor shall not be entitled to such additions to the contract price unless it notifies

the Project Manager, within 30 days of receiving the order to suspend progress of delivery,

of his intention to make a claim for them.

23.5. The Project Manager, after consultation with the Contracting Authority and the Contractor,

shall determine such extra payment and/or extension of the period of implementation of the

tasks to be made to the Contractor in respect of such claim as shall, in the opinion of the

Project Manager, be fair and reasonable.

23.6. If the period of suspension exceeds 180 days, and the suspension is not due to the

Contractor's default, the Contractor may, by notice to the Project Manager, request to

proceed with the supplies within 30 days, or terminate the contract.

23.7. Where the award procedure or implementation of the contract is vitiated by substantial errors

or irregularities or by fraud, the Contracting Authority shall suspend execution of the

contract. Where such errors, irregularities or fraud are attributable to the Contractor, the

Contracting Authority may also refuse to make payments or may recover monies already

paid, in proportion to the seriousness of the errors, irregularities or fraud. The Contracting

Authority may also suspend payments in cases where there are suspected or established

errors, irregularities or fraud committed by the Contractor in the performance of another

contract funded by the general budget of the European Community or by budgets managed

by it or by EDF, which are likely to affect the performance of the present contract.

23.8. The purpose of suspending the contract shall be to verify whether presumed substantial

errors and irregularities or fraud have actually occurred. If they are not confirmed,

implementation of the contract shall resume as soon as possible. A substantial error or

irregularity shall be any infringement of a contract or regulatory provision resulting from an

act or an omission that causes or might cause a loss to the Community budget or EDF

MATERIALS AND WORKMANSHIP

Article 24 - Quality of supplies

24.1. The supplies must in all respects satisfy the technical specifications laid down in the contract

and conform in all respects to the drawings, surveys, models, samples, patterns and other

requirements in the contract, which must be held at the disposal of the Contracting Authority

or the Project Manager for the purposes of identification throughout the period of execution.

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24.2. Any preliminary technical acceptance stipulated in the Special Conditions should be the

subject of a request sent by the Contractor to the Project Manager. The request shall specify

the materials, items and samples submitted for such acceptance according to the contract and

indicate the lot number and the place where acceptance is to take place, as appropriate. The

materials, items and samples specified in the request must be certified by the Project

Manager as meeting the requirements for such acceptance prior to their incorporation in the

supplies.

24.3. Even if materials or items to be incorporated in the supplies or in the manufacture of

components to be supplied have been technically accepted in this way, they may still be

rejected if a further examination reveals defects or faults, in which case they must

immediately be replaced by the Contractor. The Contractor may be given the opportunity to

repair and make good materials and items which have been rejected, but such materials and

items will be accepted for incorporation in the supplies only if they have been repaired and

made good to the satisfaction of the Project Manager.

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Article 25 - Inspection and testing

25.1. The Contractor shall ensure that the supplies are delivered to the place of acceptance in time

to allow the Project Manager to proceed with acceptance of the supplies. The Contractor is

deemed to have fully appreciated the difficulties which it might encounter in this respect, and

it shall not be permitted to advance any grounds for delay.

25.2. The Project Manager shall be entitled, from time to time, to inspect, examine, measure and

test the components, materials and workmanship, and check the progress of preparation,

fabrication or manufacture of anything being prepared, fabricated or manufactured for

delivery under the contract, in order to establish whether the components, materials and

workmanship are of the requisite quality and quantity. This shall take place at the place of

manufacture, fabrication, preparation or at the place of acceptance or at such other places as

may be specified in the Special Conditions.

25.3. For the purposes of such tests and inspections, the Contractor shall:

a) provide the Project Manager, temporarily and free of charge, with such assistance, test

samples or parts, machines, equipment, tools, labour, materials, drawings and production

data as are normally required for inspection and testing;

b) agree, with the Project Manager, the time and place for tests;

c) give the Project Manager access at all reasonable times to the place where the tests are to

be carried out.

25.4. If the Project Manager is not present on the date agreed for tests, the Contractor may, unless

otherwise instructed by the Project Manager, proceed with the tests, which shall be deemed

to have been made in the Project Manager's presence. The Contractor shall immediately send

duly certified copies of the test results to the Project Manager, who shall, if he/she has not

attended the test, be bound by the test results.

25.5. When components and materials have passed the above-mentioned tests, the Project

Manager shall notify the Contractor or endorse the Contractor's certificate to that effect.

25.6. If the Project Manager and the Contractor disagree on the test results, each shall state his

views to the other within 15 days of such disagreement. The Project Manager or the

Contractor may require such tests to be repeated on the same terms and conditions or, if

either Party so requests, by an expert selected by common consent. All test reports shall be

submitted to the Project Manager, who shall communicate the results of these tests without

delay to the Contractor. The results of retesting shall be conclusive. The cost of retesting

shall be borne by the Party whose views are proved wrong by the retesting.

25.7. In the performance of their duties, the Project Manager and any person authorised by him/her

shall not disclose to unauthorised persons information concerning the undertaking's methods

of manufacture and operation obtained through inspection and testing.

PAYMENTS

Article 26 - General principles

26.1. Payments shall be made in euro or national currency. The Special Conditions shall lay down

the administrative or technical conditions governing payments of pre-financing, interim

and/or final payments made in accordance with the General Conditions. Where payment is in

the national currency, it shall be converted into euro at the rate published on the Infor-Euro

on the first working day of the month in which the payment is made.

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26.2. Payments due by the Contracting Authority shall be made to the bank account mentioned on

the financial identification form completed by the Contractor. The same form, annexed to the

payment request, must be used to report changes of bank account.

26.3. Sums due shall be paid within no more than 45 days from the date on which an admissible

payment request is registered by the competent department specified in the Special

Conditions. The date of payment shall be the date on which the institution's account is

debited. The payment request shall not be admissible if one or more essential requirements

are not met.

26.4. The 45-day period may be suspended by notifying the Contractor that the payment request

cannot be fulfilled because the sum is not due, because appropriate substantiating documents

have not been provided or because there is evidence that the expenditure might not be

eligible. In the latter case, an inspection may be carried out on the spot for the purpose of

further checks. The Contractor shall provide clarifications, modifications or further

information within 30 days of being asked to do so. The payment period shall continue to run

from the date on which a properly drawn-up payment request is registered.

26.5. The payments shall be made as follows:

a) 60% of the contract price after the signing of the contract, against provision of the

performance guarantee. If the pre-financing payment exceeds EUR 150.000, or if no

proof documents have been provided for the selection criteria, the Contractor must

provide a financial guarantee for the full amount of the pre-financing payment. This

financial guarantee must remain valid until it is released 45 days at the latest after the

provisional acceptance of the goods. Where the contractor is a public body the obligation

for a financial guarantee may be waived depending on a risk assessment made;

b) 40% of the contract price, as payment of the balance outstanding, following provisional

acceptance of the supplies;

26.6. Where only part of the supplies have been delivered, the 40% payment due following partial

provisional acceptance shall be calculated on the value of the supplies which have actually

been accepted and the security shall be released accordingly.

26.7. For supplies not covered by a warranty period, the payments listed above shall be

aggregated. The conditions to which the payments of pre-financing, interim and/or final

payments are subject, shall be as stated in the Special Conditions.

26.8. The payment obligations of the EC under this Contract shall cease at most 18 months after

the end of the period of implementation of the tasks, unless the Contract is terminated in

accordance with these General Conditions.

26.9. Unless otherwise stipulated in the Special Conditions, contracts shall be at fixed prices,

which shall not be revised.

26.10.The Contractor undertakes to repay any amounts paid in excess of the final amount due to

the Contracting Authority before the deadline indicated in the debit note which is 45 days

from the issuing of that note. Should the Contractor fail to make repayment within the

deadline set by the Contracting Authority, the Contracting Authority may (unless the

Contractor is a government department or public body of a Member State of the Community)

increase the amounts due by adding interest:

- at the rediscount rate applied by the central bank of the country of the Contracting

Authority if payments are in the currency of that country;

- at the rate applied by the European Central Bank to its main refinancing transactions in

euro, as published in the Official Journal of the European Union, C series, where

payments are in euro,

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on the first day of the month in which the time-limit expired, plus seven percentage points.

The default interest shall be incurred over the time which elapses between the date of the

payment deadline set by the Contracting Authority, and the date on which payment is

actually made. Any partial payments shall first cover the interest thus established.

Amounts to be repaid to the Contracting Authority may be offset against amounts of any

kind due to the Contractor. This shall not affect the Parties' right to agree on payment in

instalments. Bank charges incurred by the repayment of amounts due to the Contracting

Authority shall be borne entirely by the Contractor.

26.11.Where necessary the European Community may as a donor subrogate itself to the

Contracting Authority.

Article 27 - Payment to third parties

27.1. Orders for payments to third parties may be carried out only after an assignment made in

accordance with Article 5. The Contracting Authority shall be notified of the assignment.

27.2. Notification of beneficiaries of the assignment shall be the sole responsibility of the

Contractor.

27.3. In the event of a legally binding attachment of the property of the Contractor affecting

payments due to it under the contract, and without prejudice to the time limit laid down in

the Special Conditions, the Contracting Authority shall have 30 days, starting from the day

on which it receives notification of the definitive lifting of the obstacle to payment, to

resume payments to the Contractor.

Article 28 - Delayed payments

28.1. The Contracting Authority shall pay the Contractor sums due within 45 days of the date on

which an admissible payment is registered, in accordance with Article 26 of these General

Conditions. This period shall begin to run from the approval of these documents by the

competent department referred to in Article 26 of the Special Conditions. These documents

shall be approved either expressly or tacitly, in the absence of any written reaction in the 45

days following their receipt accompanied by the requisite documents.

28.2. Once the deadline laid down in Article 28.1 has expired, the Contractor may, within two

months of late payment, claim late-payment interest:

- at the rediscount rate applied by the issuing institution of the country of the Contracting

Authority where payments are in national currency;

- at the rate applied by the European Central Bank to its main refinancing transactions in

euro, as published in the Official Journal of the European Union, C series, where

payments are in euro,

on the first day of the month in which the deadline expired, plus seven percentage points.

The late-payment interest shall apply to the time which elapses between the date of the

payment deadline (exclusive) and the date on which the Contracting Authority's account is

debited (inclusive).

28.3. Any default in payment of more than 90 days from the expiry of the period laid down in

Article 28.1 shall entitle the Contractor either not to perform the contract or to terminate it,

with 30 days' prior notice to the Contracting Authority and the Project Manager.

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ACCEPTANCE AND MAINTENANCE

Article 29 - Delivery

29.1. The Contractor shall deliver the supplies in accordance with the conditions of the contract.

The supplies shall be at the risk of the Contractor until their provisional acceptance.

29.2. The Contractor shall provide such packaging of supplies as is required to prevent their

damage or deterioration in transit to their destination as indicated in the contract. The

packaging shall be sufficient to withstand, without limitation, rough handling, exposure to

extreme temperatures, salt and precipitation during transit and open storage. Package size

and weight shall take into consideration, where appropriate, the remoteness of the final

destination of the supplies, and the possible absence of heavy handling facilities at all points

in transit.

29.3. The packaging, marking and documentation inside and outside the packages shall comply

with such requirements as shall be expressly provided for in the Special Conditions, subject

to any variations subsequently ordered by the Project Manager.

29.4. No supplies shall be shipped or delivered to the place of acceptance until the Contractor has

received a delivery order from the Project Manager. The Contractor shall be responsible for

the delivery at the place of acceptance of all supplies and supplier's equipment required for

the purpose of the contract. If the Project Manager fails either to issue the certificate of

provisional acceptance or to reject the Contractor's application within the period of 30 days,

he/she shall be deemed to have issued the certificate on the last day of that period.

29.5. Each delivery must be accompanied by a statement drawn up by the Contractor. This

statement shall be as specified in the Special Conditions.

29.6. Each package shall be clearly marked in accordance with the Special Conditions.

29.7. Delivery shall be deemed to have been made when there is written evidence available to both

Parties that delivery of the supplies has taken place in accordance with the terms of the

contract, and the invoice(s) and all such other documentation specified in the Special

Conditions, have been submitted to the Contracting Authority. Where the supplies are

delivered to an establishment of the Contracting Authority, the latter shall bear the

responsibility of bailee, in accordance with the requirements of the law applicable to the

contract, during the time which elapses between delivery for storage and acceptance.

Article 30 - Verification operations

30.1. The supplies shall not be accepted until the prescribed verifications and tests have been

carried out at the expense of the Contractor. The inspections and tests may be conducted

before shipment, at the point of delivery and/or at the final destination of the goods.

30.2. The Project Manager shall, during the progress of the delivery of the supplies and before the

supplies are taken over, have the power to order or decide:

a) the removal from the place of acceptance, within such time or times as may be specified

in the order, of any supplies which, in the opinion of the Project Manager, are not in

accordance with the contract;

b) their replacement with proper and suitable supplies;

c) the removal and proper re-installation, notwithstanding any previous test thereof or

interim payment therefore, of any installation which in respect of materials, workmanship

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or design for which the Contractor is responsible, is not, in the opinion of the Project

Manager, in accordance with the contract;

d) that any work done or goods supplied or materials used by the Contractor is or are not in

accordance with the contract, or that the supplies or any portion thereof do not fulfil the

requirements of the contract.

30.3. The Contractor shall, with all speed and at his own expense, make good the defects so

specified. If the Contractor does not comply with such order, the Contracting Authority shall

be entitled to employ other persons to carry out the orders and all expenses consequent

thereon or incidental thereto shall be deducted by the Contracting Authority from any monies

due or which may become due to the Contractor.

30.4. Supplies which are not of the required quality shall be rejected. A special mark may be

applied to the rejected supplies. This shall not be such as to alter them or affect their

commercial value. Rejected supplies shall be removed by the Contractor from the place of

acceptance, if the Project Manager so requires, within a period which the Project Manager

shall specify, failing which they shall be removed as of right at the expense and risk of the

Contractor. Any works incorporating rejected materials shall be rejected.

30.5. The provisions of Article 30 shall not affect the right of the Contracting Authority to claim

under Article 21, nor shall it in any way release the Contractor from any warranty or other

obligations under the contract.

Article 31 - Provisional acceptance

31.1. The supplies shall be taken over by the Contracting Authority when they have been delivered

in accordance with the contract, have satisfactorily passed the required tests, or have been

commissioned as the case may be, and a certificate of provisional acceptance has been issued

or is deemed to have been issued.

31.2. The Contractor may apply, by notice to the Project Manager, for a certificate of provisional

acceptance when supplies are ready for provisional acceptance. The Project Manager shall

within 30 days of receipt of the Contractor's application either:

- issue the certificate of provisional acceptance to the Contractor with a copy to the

Contracting Authority stating, where appropriate, his reservations, and, inter alia, the date

on which, in his opinion, the supplies were completed in accordance with the contract and

ready for provisional acceptance; or

- reject the application, giving his reasons and specifying the action which, in his opinion,

is required of the Contractor for the certificate to be issued.

31.3. Should exceptional circumstances make it impossible to proceed with the acceptance of the

supplies during the period fixed for provisional or final acceptance, a statement certifying

such impossibility shall be drawn up by the Project Manager after consultation, where

possible, with the Contractor. The certificate of acceptance or rejection shall be drawn up

within 30 days following the date on which such impossibility ceases to exist. The

Contractor shall not invoke these circumstances in order to avoid the obligation of presenting

the supplies in a state suitable for acceptance.

31.4. If the Project Manager fails either to issue the certificate of provisional acceptance or to

reject the supplies within the period of 30 days, he/she shall be deemed to have issued the

certificate on the last day of that period, except where the certificate of provisional

acceptance is deemed to constitute a certificate of final acceptance. In this case, Article 34.2

below does not apply. If the supplies are divided by the contract into lots, the Contractor

shall be entitled to apply for a separate certificate for each lot.

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31.5. In case of partial delivery, the Contracting Authority reserves the right to give partial

provisional acceptance.

31.6. Upon provisional acceptance of the supplies, the Contractor shall dismantle and remove

temporary structures and materials no longer required for use in connection with the

implementation of the contract. He shall also remove any litter or obstruction and redress any

change in the condition of the place of acceptance as required by the contract.

Article 32 - Warranty obligations

32.1. The Contractor shall warrant that the supplies are new, unused, of the most recent models

and incorporate all recent improvements in design and materials, unless otherwise provided

in the contract. The Contractor shall further warrant that all supplies shall have no defect

arising from design, materials or workmanship, except insofar as the design or materials are

required by the specifications, or from any act or omission, that may develop under use of

the supplies in the conditions obtaining in the country of the Contracting Authority. This

warranty shall remain valid as specified in the Special Conditions.

32.2. The Contractor shall be responsible for making good any defect in, or damage to, any part of

the supplies which may appear or occur during the warranty period and which:

a) results from the use of defective materials, faulty workmanship or design of the

Contractor; or

b) results from any act or omission of the Contractor during the warranty period; or

c) appears in the course of an inspection made by, or on behalf of, the Contracting

Authority.

32.3. The Contractor shall at his own cost make good the defect or damage as soon as practicable.

The warranty period for all items replaced or repaired shall recommence from the date on

which the replacement or repair was made to the satisfaction of the Project Manager. If the

contract provides for partial acceptance, the warranty period shall be extended only for the

part of the supplies affected by the replacement or repair.

32.4. If any such defect appears or such damage occurs during the warranty period, the

Contracting Authority or the Project Manager shall notify the Contractor. If the Contractor

fails to remedy a defect or damage within the time limit stipulated in the notification, the

Contracting Authority may:

a) remedy the defect or the damage itself, or employ someone else to carry out the work at

the Contractor's risk and cost, in which case the costs incurred by the Contracting

Authority shall be deducted from monies due to or guarantees held against the Contractor

or from both; or

b) terminate the contract.

32.5. In emergencies, where the Contractor cannot be reached immediately or, having been

reached, is unable to take the measures required, the Contracting Authority or the Project

Manager may have the work carried out at the expense of the Contractor. The Contracting

Authority or the Project Manager shall as soon as practicable inform the Contractor of the

action taken.

32.6. The warranty obligations shall be stipulated in the Special Conditions and technical

specifications. If the duration of the warranty period is not specified, it shall be 365 days.

The warranty period shall commence on the date of provisional acceptance and may

recommence in accordance with Article 32.3.

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Article 33 - After-sales service

An after-sales service, if required by the contract, shall be provided in accordance with the details

stipulated in the Special Conditions. The Contractor shall undertake to carry out or have carried out the

maintenance and repair of supplies and to provide a rapid supply of spare parts. The Special Conditions

may specify that the Contractor must provide any or all of the following materials, notifications and

documents pertaining to spare parts manufactured or distributed by the Contractor:

a) such spare parts as the Contracting Authority may choose to purchase from the

Contractor, it being understood that this choice shall not release the Contractor from any

warranty obligations under the contract;

b) in the event of termination of production of the spare parts, advance notification to the

Contracting Authority to allow it to procure the parts required and, following such

termination, provision at no cost to the Contracting Authority of the blueprints, drawings

and specifications of the spare parts, if and when requested.

Article 34 - Final acceptance

34.1. Upon expiry of the warranty period or, where there is more than one such period, upon

expiry of the latest period, and when all defects or damage have been rectified, the Project

Manager shall issue the Contractor a final acceptance certificate, with a copy to the

Contracting Authority, stating the date on which the Contractor completed his obligations

under the contract to the Project Manager's satisfaction. The final acceptance certificate shall

be issued by the Project Manager within 30 days of the expiry of the warranty period or as

soon as any repairs ordered under Article 32 have been completed to the satisfaction of the

Project Manager.

34.2. The contract shall not be considered to have been performed in full until the final acceptance

certificate has been signed or is deemed to have been signed by the Project Manager.

34.3. Notwithstanding the issue of the final acceptance certificate, the Contractor and the

Contracting Authority shall remain liable for the fulfilment of any obligation incurred under

the contract prior to the issue of the final acceptance certificate which remains unperformed

at the time that final acceptance certificate is issued. The nature and extent of any such

obligation shall be determined by reference to the provisions of the contract.

BREACH OF CONTRACT AND TERMINATION

Article 35 - Breach of contract

35.1. A Party shall be in a breach of contract if it fails to discharge any of its obligations under the

contract.

35.2. Where a breach of contract occurs, the injured Party shall be entitled to the following

remedies:

a) damages; and/or

b) termination of the contract.

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35.3. In addition to the above-mentioned measures, damages may be awarded. They may be either:

a) general damages; or

b) liquidated damages.

35.4. Recovery of damages, disbursements or expenses resulting from the application of measures

provided for in this Article shall be effected by deduction from the sums due to the

Contractor, from the deposit, or by payment under the guarantee.

Article 36 - Termination by the Contracting Authority

36.1. The Contracting Authority may, after giving the Contractor seven days' notice, terminate the

contract in any of the following cases:

a) the Contractor substantially fails to perform his obligations under this contract;

b) the Contractor fails to comply within a reasonable time with a notice given by the Project

Manager requiring it to make good any neglect or failure to perform his obligations under

the contract which seriously affects the proper and timely implementation of the tasks;

c) the Contractor refuses or neglects to carry out administrative orders given by the Project

Manager;

d) the Contractor assigns the contract or subcontracts without the authorisation of the

Contracting Authority;

e) the Contractor is bankrupt or being wound up, is having its affairs administered by the

courts, has entered into an arrangement with creditors, has suspended business activities,

is the subject of proceedings concerning those matters, or is in any analogous situation

arising from a similar procedure provided for in national legislation or regulations;

f) the Contractor has been convicted of an offence concerning professional conduct by a

judgment which has the force of res judicata;

g) the Contractor has been guilty of grave professional misconduct proven by any means

which the Contracting Authority can justify;

h) the Contractor has been the subject of a judgment which has the force of res judicata for

fraud, corruption, involvement in a criminal organisation or any other illegal activity

detrimental to the Communities' financial interests;

i) the Contractor, following another procurement procedure or grant award procedure

financed by the Community budget or EDF has been declared to be in serious breach of

contract for failure to perform its contractual obligations;

j) any organisational modification occurs involving a change in the legal personality, nature

or control of the Contractor, unless such modification is recorded in an addendum to the

contract;

k) any other legal disability hindering implementation of the contract occurs;

l) the Contractor fails to provide the required guarantee or insurance, or if the person

providing the earlier guarantee or insurance required under the present contract is not able

to abide by his commitments;

m) where after the award of the contract, the award procedure or the performance of the

contract prove to have been subject to substantial errors, irregularities or fraud.

36.2. Termination shall be without prejudice to any other rights or powers of the Contracting

Authority and the Contractor under the contract. The Contracting Authority may, thereafter,

conclude any other contract with a third party on behalf of the Contractor. The Contractor's

liability for delay in completion shall immediately cease upon termination without prejudice

to any liability thereunder that may already have occurred.

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36.3. The Project Manager shall, upon the issue of the notice of termination of the contract,

instruct the Contractor to take immediate steps to bring the implementation of the tasks to a

close in a prompt and orderly manner and to reduce expenditure to a minimum.

36.4. In the event of termination, the Project Manager shall, as soon as possible and in the

presence of the Contractor or his representatives or having duly summoned them, draw up a

report on the supplies delivered and the work performed and take an inventory of the

materials supplied and unused. A statement shall also be drawn up of monies due to the

Contractor and of monies owed by the Contractor to the Contracting Authority as at the date

of termination of the contract.

36.5. The Contracting Authority shall not be obliged to make any further payments to the

Contractor until the supplies are completed, whereupon the Contracting Authority shall be

entitled to recover from the Contractor the extra costs, if any, of providing the supplies or

shall pay any balance due to the Contractor prior to the termination of the contract.

36.6. If the Contracting Authority terminates the contract it shall be entitled to recover from the

Contractor any loss it has suffered under the contractual conditions set out in Article 2 of the

Special Conditions.

36.7. This contract shall be automatically terminated if it has given risen to no payment in the

three years following its signing.

36.8. The Contracting Authority may, at any time and after giving the Contractor seven days'

notice, terminate the contract, in addition to what is already provided for in Article 36.1.

36.9. Where the termination is not due to an act or omission of the Contractor, force majeure or

other circumstances beyond the control of the Contracting Authority, the Contractor shall be

entitled to claim in addition to sums owing to it for work already performed, an indemnity

for loss suffered.

Article 37 - Termination by the Contractor

37.1. The Contractor may, after giving 14 days notice to the Contracting Authority, terminate the

contract if the Contracting Authority:

- fails to pay the Contractor the amounts due under any certificate issued by the Project

Manager after the expiry of the deadline stated in the Special Conditions;

- consistently fails to meet its obligations after repeated reminders; or

- suspends the delivery of the supplies, or any part thereof, for more than 180 days, for

reasons not specified in the contract or not attributable to the Contractor.

37.2. Termination shall be without prejudice to any other rights or powers under the contract of the

Contracting Authority and the Contractor.

37.3. In the event of such termination, the Contracting Authority shall pay the Contractor for any

loss or damage the Contractor may have suffered.

Article 38 - Force majeure

38.1. Neither Party shall be considered to be in default or in breach of its obligations under the

contract if the performance of such obligations is prevented by any event of force majeure

arising after the date of notification of award or the date when the contract becomes effective

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38.2. For the purposes of this Article, the term "force majeure" means acts of God, strikes, lock-

outs or other industrial disturbances, acts of the public enemy, wars whether declared or not,

blockades, insurrection, riots, epidemics, landslides, earthquakes, storms, lightning, floods,

washouts, civil disturbances, explosions and any other similar unforeseeable events which

are beyond the Parties' control and cannot be overcome by due diligence.

38.3. Notwithstanding the provisions of Articles 21 and 36, the Contractor shall not be liable to

forfeiture of his performance guarantee, liquidated damages or termination for default if, and

to the extent that, his delay in implementation of the tasks or other failure to perform his

obligations under the contract is the result of an event of force majeure. Nor, notwithstanding

the provisions of Articles 28 and 37, shall the Contracting Authority be liable for the

payment of interest on delayed payments, for non-implementation of tasks or for termination

by the Contractor for default if, and to the extent that, the Contracting Authority's delay or

other failure to perform its obligations is the result of force majeure.

38.4. If either Party considers that any circumstances of force majeure have occurred which may

affect performance of its obligations, it shall promptly notify the other Party and the Project

Manager, giving details of the nature, the probable duration and the likely effect of the

circumstances. Unless otherwise directed by the Project Manager in writing, the Contractor

shall continue to perform his obligations under the contract as far as is reasonably

practicable, and shall employ every reasonable alternative means to perform any obligations

that the event of force majeure does not prevent it from performing. The Contractor shall not

employ such alternative means unless directed to do so by the Project Manager.

38.5. If the Contractor incurs additional costs in complying with the Project Manager's directions

or using alternative means under Article 38.4, the amount thereof shall be certified by the

Project Manager.

38.6. If circumstances of force majeure have occurred and continue for a period of 180 days then,

notwithstanding any extension of time for completion of the contract that the Contractor may

by reason thereof have been granted, either Party shall be entitled to serve the other with 30

days' notice to terminate the contract. If, on the expiry of the period of 30 days, the situation

of force majeure still applies, the contract shall be terminated and, by virtue of the law

governing the contract, the Parties shall be released from further execution of the contract.

Article 39 - Decease

39.1. Where the Contractor is a natural person, the contract shall be automatically terminated if

that person dies. However, the Contracting Authority shall examine any proposal made by

the heirs or beneficiaries if they have notified their wish to continue the contract. The

decision of the Contracting Authority shall be notified to those concerned within 30 days of

receipt of such proposal.

39.2. Where the Contractor consists of a number of natural persons and one or more of them die, a

report shall be agreed between the Parties on the progress of the contract, and the

Contracting Authority shall decide whether to terminate or continue the contract in

accordance with the undertaking given by the survivors and by the heirs or beneficiaries, as

the case may be.

39.3. In the cases provided for in Articles 39.1 and 39.2, persons offering to continue to perform

the contract shall notify the Contracting Authority thereof within 15 days of the date of

decease.

39.4. Such persons shall be jointly and severally liable for the proper execution of the contract to

the same extent as the original Contractor. Continuation of the contract shall be subject to the

rules relating to establishment of the guarantee provided for in Article 11.

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DISPUTE SETTLEMENT

Article 40 - Dispute settlement

40.1. The Parties shall make every effort to settle amicably any dispute relating to the contract

which may arise between them.

40.2. Once a dispute has arisen, a Party shall notify the other Party in writing of the dispute,

stating its position on the dispute and any solution which it envisages, and requesting an

amicable settlement. The other Party shall respond to this request for amicable settlement

within 30 days, stating its position on the dispute. Unless the Parties agree otherwise, the

maximum time period laid down for reaching an amicable settlement shall be 120 days from

the date of the notification requesting such a procedure. Should a Party not agree to the other

Party's request for amicable settlement, should a Party not respond in time to that request or

should no amicable settlement be reached within the maximum time period, the amicable

settlement procedure is considered to have failed.

40.3. In the absence of an amicable settlement, a Party may notify the other Party in writing

requesting a settlement through conciliation by a third person. If the European Commission

is not a Party to the contract, the Commission can accept to intervene as such a conciliator.

The other Party shall respond to the request of conciliation within 30 days. Unless the Parties

agree otherwise, the maximum time period laid down for reaching a settlement through

conciliation shall be 120 days from the notification requesting such a procedure. Should a

Party not agree to the other Party's request for conciliation, should a Party not respond in

time to that request or should no settlement be reached within the maximum time period, the

conciliation procedure is considered to have failed.

40.4. If amicable settlement procedure and, if so requested, the conciliation procedure fails, each

party may refer the dispute to either the decision of a national jurisdiction or arbitration, as

specified in Article 40 of the Special Conditions.

ETHICS CLAUSES

Article 41 - Ethic clauses

41.1. Any attempt by a candidate or tenderer to obtain confidential information, enter into

unlawful agreements with competitors or influence the committee or the Contracting

Authority during the process of examining, clarifying, evaluating and comparing tenders

shall lead to the rejection of his candidacy or tender.

41.2. Without the Contracting Authority's prior written authorisation, a Contractor and his staff or

any other company with which the Contractor is associated or linked may not, even on an

ancillary or subcontracting basis, supply other services, carry out works or supply equipment

for the project.

41.3. This prohibition also applies to any other programmes or projects that could, owing to the

nature of the contract, give rise to a conflict of interest on the part of the Contractor.

41.4. When putting forward a candidacy or tender, the candidate or tenderer shall declare that it is

affected by no potential conflict of interest and has no particular link with other tenderers or

parties involved in the project. Should such a situation arise during execution of the contract,

the Contractor must immediately inform the Contracting Authority.

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41.5. The Contractor must at all times act impartially and as a faithful adviser in accordance with

the code of conduct of his profession. He shall refrain from making public statements about

the project or services without the Contracting Authority's prior approval. He may not

commit the Contracting Authority in any way without its prior written consent.

41.6. For the duration of the contract the Contractor and his staff shall respect human rights and

undertake not to offend the political, cultural and religious mores of the beneficiary state.

41.7. The Contractor may accept no payment connected with the contract other than that provided

for therein. The Contractor and his staff must not exercise any activity or receive any

advantage inconsistent with their obligations to the Contracting Authority.

41.8. The Contractor and his staff shall be obliged to maintain professional secrecy for the entire

duration of the contract and after its completion. All reports and documents drawn up or

received by the Contractor shall be confidential.

41.9. The contract shall govern the Parties' use of all reports and documents drawn up, received or

presented by them during the execution of the contract.

41.10.The Contractor shall refrain from any relationship likely to compromise his independence or

that of his staff. If the Contractor ceases to be independent, the Contracting Authority may,

regardless of injury, terminate the contract without further notice and without the Contractor

having any claim to compensation.The Commission reserves the right to suspend or cancel

project financing if corrupt practices of any kind are discovered at any stage of the award

process and if the Contracting Authority fails to take all appropriate measures to remedy the

situation. For the purposes of this provision, "corrupt practices" are the offer of a bribe, gift,

gratuity or commission to any person as an inducement or reward for performing or

refraining from any act relating to the award of a contract or implementation of a contract

already concluded with the Contracting Authority.

41.11.Such unusual commercial expenses are commissions not mentioned in the main contract or

not stemming from a properly concluded contract referring to the main contract,

commissions not paid in return for any actual and legitimate service, commissions remitted

to a tax haven, commissions paid to a recipient who is not clearly identified or commissions

paid to a company which has every appearance of being a front company.

41.12.The Contractor undertakes to supply the Commission on request with all supporting

documents relating to the conditions of the contract's execution. The Commission may carry

out whatever documentary or on-the-spot checks it deems necessary to find evidence in cases

of suspected unusual commercial expenses.

Article 42 - Administrative and financial penalties

42.1. Without prejudice to the application of penalties laid down in the contract, a Contractor who

has been guilty of making false declarations, has made substantial errors or committed

irregularities and fraud, or has been found in serious breach of its contractual obligations,

may be excluded from all contracts and grants financed by the Community budget or EDF

for a maximum of five years from the time when the infringement is established, as

confirmed after an adversarial procedure with the Contractor. The Contractor may present

his arguments against this penalty within 30 days of notification of the penalty by registered

letter with acknowledgement of receipt or any equivalent means. In the absence of any

reaction on the part of the Contractor, or of withdrawal of the penalty by the Commission

within 30 days of receipt of the Contractor's arguments against it, the decision imposing the

penalty shall become enforceable. That period may be increased to ten years in the event of a

repeat offence within five years of the first infringement.

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42.2. If the Contractor is found to have seriously failed to meet its contractual obligations, it shall

incur financial penalties representing 2-10% of the total value of the contract in question.

That rate may be increased to 4-20% in the event of a repeat offence within five years of the

first infringement.

42.3. Where, after the award of the contract, the award procedure or the performance of the

contract prove to have been subject to substantial errors, irregularities or fraud, and where

this is attributable to the Contractor, the Contracting Authority may refuse to make

payments, may recover amounts already paid or may terminate all the contracts concluded

with this Contractor, in proportion to the seriousness of the errors, irregularities or fraud.

Article 43 - Checks and audits by Community bodies

43.1. The Contractor will allow the European Commission, the European Anti-Fraud Office and

the European Court of Auditors to verify, by examining the documents or by means of on-

the-spot checks, the implementation of the project and conduct a full audit, if necessary, on

the basis of supporting documents for the accounts, accounting documents and any other

document relevant to the financing of the project. These inspections may take place up to 7

years after the final payment.

43.2. Furthermore, the Contractor will allow the European Anti-Fraud Office to carry out checks

and verification on the spot in accordance with the procedures set out in the European

Community legislation for the protection of the financial interests of the European

Communities against fraud and other irregularities.

43.3. To this end, the Contractor undertakes to give appropriate access to staff or agents of the

European Commission, of the European Anti-Fraud Office and of the European Court of

Auditors to the sites and locations at which the Contract is carried out, including its

information systems, as well as all documents and databases concerning the technical and

financial management of the project and to take all steps to facilitate their work. Access

given to agents of the European Commission, European Anti-Fraud Office and the European

Court of Auditors shall be on the basis of confidentiality with respect to third parties, without

prejudice to the obligations of public law to which they are subject. Documents must be

easily accessible and filed so as to facilitate their examination and the Consultant must

inform the Contracting Authority of their precise location.

43.4. The Contractor guarantees that the rights of the European Commission, of the European

Anti-Fraud Office and of the European Court of Auditors to carry out audits, checks and

verification will be equally applicable, under the same conditions and according to the same

rules as those set out in this Article, to any sub-contractor or any other party benefiting from

EC or EDF funds.


29

ANNEX II TECHNICAL SPECIFICATIONS AND TECHNICAL OFFER

TECHNICAL SPECIFICATIONS

INTRODUCTION AND GENERAL INNFORMATION

PART 1: GENERATION - PHOTOVOLTAIC FIELD

PART 2: DISTRIBUTION: INSTALLATION AND SMALL EQUIPMENT

PART 3: TRAINING, TEST, RECEPTION, GUARANTEE

DRAWINGS 1 TO 4

TECHNICAL OFFER


30

TECHNICAL SPECIFICATIONS

I. INTRODUCTION AND GENERAL INFORMATION

The government of Rwanda initiated a project aimed at the improvement of access to energy for rural

communities, through the electrification of approximately 300 schools by solar photovoltaic systems.

This project is co-financed by the Government of Rwanda under its "Rollout" plan and by the

European Commission (E.C.) through the Energy Facility under the funds of the 9th EDF.

In preparation of the project, the Ministry of Infrastructure (MININFRA) in collaboration with the

Ministry of Education (MINEDUC) has analyzed the possibility of equipping with solar photovoltaic systems, 320 schools having no access to electric energy resources.

The budget allocated to this project should make it possible to equip nation wide a minimum of 300 schools. The involved ministries are currently identifying the schools which will benefit of the

program. All of them will be located in rural areas and will not be connected to the National electricity

distribution network in the near future. In general, the schools are currently at more than 10 km from

this network. The selection will include primary and secondary schools.

All the schools will be equipped with a photovoltaic field of 1.6 KWp. An average of eight

classrooms or offices will be equipped in each school.

The Contracting Authority (Le Maître d’ouvrage) is the Ministry of Finance and Economic Planning

(MINECOFIN). The project coordinator and Implementing Ministry (Maître d'oeuvre ) is the Ministry

of Infrastructure (MININFRA).

The technical specifications concern the design, supply, transport, installation and commissioning of

the photovoltaic solar installations in these rural schools. Each solar installation will primarily comprise of:

• A photovoltaic field made up of module;

• Charge Regulators;

• Solar batteries;

• Inverter;

• Junction boxes and circuit breakers;

• Economic lighting lamps;

• A system of lighting of the photovoltaic field

• A fence for the PV array, battery, inverter and regulators cabinets.

• School building connection, classrooms or office equipments

• Other accessories (cables, plugs, switches, supports, etc).

I.1 Extent of the benefits.

The offer is not restrictive and has to include all the hardware necessary for the proper functioning of

the solar photovoltaic installations. In addition to the supply of equipment, the offer also comprises the

following:

• Packaging, transport, loading, unloading, insurance;

• The installation and system start up on the site at each school;

• Continuous supervision by the main contactor of all selected subcontractor;

• All testing required, including ‘in factory’ equipment testing;

• The provisional and final acceptances of the installations at sites;

• The drawings for the installations, documents and booklets necessary for the installation, use

and maintenance of the systems;

• The training of the beneficiaries;


31

• 1 year guarantee of all equipments;

• All necessary interventions and repairs required during the period of guarantee;

• All necessary preventive maintenance services during the period of guarantee.

The completion period for the project is two years from the signature of the contract.

In his tender, the tenderer must provide the technical description of hardware, all the supporting

documents requested and the proposed benefits as specified in this document.

I.2 Variation of the quantities.

Within the limits fixed by Special Conditions Article 22, attention is drawn to the fact that these

clauses give large flexibility to the contracting authority, which will be able to adjust the quantities to

be provided for in the contract.The number of systems to be provided and installed with a capacity of

1.6 KWp will be fixed at the time of the contract.

I.3 Implementation of the Contract and Service Order.

The implementation timetable for the project is provided below. Four deadlines are imposed and are

marked as mandatory. They will be considered as contractual obligation.

A coordination meeting will be held in Kigali at the beginning of the contract, no more than one

month after the signature. The list of the schools to be equipped will be provided by the Implementing

Ministry at this start-up meeting.

The activities necessary for the implementation of the contract start from the date of signature of the

contract. No service order has to be emitted to initiate the preparation of the supplies.

Within a time not exceeding two months from the date of signature of the contract, the contractor is

required to submit the following for approval by the project coordinator:

• The methodology of implementation of the project.

• List of all the local and international subcontractors (companies and individuals) including a

detailed schedule of the scope of supply for each subcontractor.

• The C.V of two site foremen (see technical section specifications II.1).

• A detailed timetable of project execution. The timetable will include the planning of awarding

contracts to local contractors (ex: support structure, civil work, installation, …).

• The financing plan of all local activities. Without prejudicing the methodology and the

organization of the tasks, the local companies will need appropriate financial flow allowing

them to implement their activities. The main contractor will therefore have to explain how, by

a judicious choice of its local subcontractors and the suitable use of its start up advance, he

will ensure the financial mechanism necessary to implement the activities undertaken locally.

Two fully operational units must be completely installed and approved by the implementing ministry

before work can be expanded to the remainder of the sites. The MININFRA will indicate on which

sites the first units will be installed. Two first installations will serve as a reference for the minimum

quality required for all the remaining facilities. In order to facilitate work organization, this approval can, if requested by the contractor, be given in three phases (a) connection of the buildings and

equipping of the rooms, (b) installation of the support, the fence, (c) solar field and start up. This could

be, for example the case if the contractor wants to start civil work well in advance.


32

Table 1 : Typical Planning

The following table presents a typical project planning. Four milestone dates are imposed and are

contractual commitments. These four milestones must therefore appear as is in the planning proposed

by the tenderer in his tender.

Activities Duration (Months) Elapsed (Months)

Tendering

a) Open international tender 3 3

b) Tender evaluation and contract award 2 5

c) Contract signature 1 6

Implementation

1. Contract signature.

2. List of schools provided during start-up

meeting in Rwanda. Preliminary planning,

subcontracting schedule and financing plan

submitted.

1 1 mandatory

3. Final planning, subcontracting schedule and

financing plan submitted to Mininfra. Meeting

in Rwanda.

1 2 mandatory

4. In factory checking.

5. Installation of supports, fences and classroom

equipments.

5 7

6. Two sample (reference) units installed, fully

operational, tested and approved.

5 12 mandatory

7. Partial provisional acceptance of the first batch

of 30 schools.

2 14

8. Partial provisional acceptance of one batch (2

to 9) of 30 schools every month

8 22

9. Partial provisional acceptance of last batch (10) of 30 schools.

2 23

10. Partial provisional acceptance signed. 1 24 mandatory

11. Final acceptance 12 months after provisional

acceptance.

12 36


33

PART 1: GENERATION - PHOTOVOLTAIQUE FIELD

A photovoltaic field is made up of modules inter-connected in series and parallel, batteries, charge

regulators, an inverter.

Modules will be installed on an elevated metal structure. Other equipments will be sheltered under the PV array according to specifications.

The solar PV fields will have a capacity of 1.6 kWp and will be dimensioned on the basis of the

minimum performances of the modules under the standard conditions (25 °C and irradiance of 1000 W/m²)

The PV array will be made up of panels providing a nominal voltage of 24 or 48 VDC. They will

be fully compatible with the other elements of the installation such as the regulators, the batteries

and the inverters.

Testing of the equipments

The tenderer must provide in his tender document, certificates of tests of the equipments. This applies to each of the components proposed (solar modules, regulators, batteries, inverters).

Certificates must be delivered by an inspection body or laboratory approved by EU/ACP.

I. 1. Photovoltaic modules

1. PV modules must be composed of silicon cells in mono-or poly-crystalline. Other

technologies such as Silicon amorphous, multi-junction in thin layers or polymers are not

accepted.

2. PV modules must be certified for conformity with the IEC61215 standard for the mono-crystal

and with similar IEC standard for the poly-crystal. The peak power of the PV modules has to be established on the standard test conditions (STC) as defined in IEC 61215 and IEC 60904-

3.

3. The peak power of the modules under standard conditions has to be included between a minimum of 80Wp and a maximum 250Wp (taking into account the internal losses and

couplings, including the thermal losses due to heat exposure).

4. All PV modules must be of the same type (same peak power, same technology and same

manufacturer).

5. The nominal voltages (Un) will be selected in order to minimize the current (In) between

panels and charge regulators in order to reduce the thermal losses due to Joule effect.

6. For 24V or 48V module system: the acceptable output voltage at the maximum power point

(MPP) can not be lower than 30V or 60V respectively, for a cell operating temperature of 60

degrees centigrade. 7. Each module must be clearly and permanently labelled with an indication of the following: the

manufacturer's name or model number, the serial number, the maximum system voltage, peak

power (Wp, tolerance +/-), current and voltage at the maximum power point (MPP), open-circuit voltage and short-circuit current.

8. The guaranteed minimum peak power cannot be lower than the nominal peak power minus

5%. All the performances of the PV modules must be certified by a measurement sheet established by the manufacturer. Such a sheet has to be provided for each module.

9. The PV module must be equipped with waterproof connection box IP54 (or higher standard).

10. The interconnection boxes must be sufficiently large to allow possible electric cable

interconnections of minimum 10 mm ², they must be perfectly damp-proof (IP 54) and

impenetrable by insects and dust.

11. The connections in the PV module junction box must clearly indicate the positive and negative

poles preferably by using the red and black conventional colours.

12. Each PV module must be protected from the overloads, over-voltage, and reverse polarity by

protection systems whose effectiveness has been demonstrated and certified by an approved

inspection agency.


34

13. PV modules must be mounted in or on an aluminium or stainless steel frame in order to

guarantee the physical resistance of the structure; it will include anti-theft fixing on the

mounting structure. Sealing between the module and its frame has to be ensured.

14. Warranty on the PV modules: Minimum of 20 years on the performance and components. Minimum of 90% of the nominal output guaranteed within 10 years and minimum of 80%

guaranteed within 20 years. Modules frame must be in a position to resist at least 10 years of

outdoor exposure without appreciable sign of corrosion or of fatigue.

I. 2. Batteries

1. The total capacity of the batteries will equal or higher than 1600Ah (C/20). 2. Batteries will be of the Pb-Sb, Pb-Ca, Pb-Ag type, and cathode tubular, deep cycle,

maintenance free, sealed or vented.

3. Batteries must have the following characteristics:

• Nominal cell voltage: 2V

• Parallel connection of cells is prohibited.

• Temperature range: 0 -50°C

• Self discharge: maximum 5% per month

• Cycles: Guaranteed minimum 4000 cycles with a discharge cycle up to 20%

(C20)

• Discharge depth (DOD) maximum acceptable in operation will be at least 70%

• Minimum lifetime: 6 years

• Acid electrolyte sulphuric density compatible for tropical conditions. (Technical

documentation to be provided).

4. Norms and standards:

• Manufacturing standards: EN/ IEC/ISO 9001/9002

• Charge Compliant with standards IEC 896-1

5. Guaranteed performances: 6 years

6. Assembly and installation:

• Batteries can not be connected in parallel.

• Batteries will be inter-connected with a flexible multi-strand wire type HO7R N-

F, tanned copper of at least 50 mm². Antioxidant grease will be added on the

terminals of the battery and the connectors. Cables will be equipped with thimbles

crimped or welded.

• The terminals of connection of the batteries will be bolted with thread pins

providing protection against external manipulations

• Each battery will be engraved with the manufacturing date.

• All the batteries will be transported and will be delivered pre-loaded to 100%.

I. 3. Charge regulator

The function of the (CR) charge regulator is the protection of all the batteries, the prevention of

overload while providing protection against excessive discharge.

1. The regulators necessary for the charge of the batteries are of the same model and same

supplier they are correctly dimensioned with a power reserve of at least 25% and of MPPT

technology (Maximum Power Point Tracker).

2. Regulators have to be compatible with the type of battery chosen in order to provide for an optimum life cycle. The main features are:

• The regulation is done using a micro processor.

• Regulation algorithm has to comprise at least: accelerated phase, charge

correction according to the temperature, steady and offset phases.

• The regulation must be of shunt type, serial type or a combination of both. The

regulators of the shunt type have to be able to accept 125% of the short-circuit

current of the PV modules, while a charge regulator of the serial type has to be

able to accept 125% of the Maximum current at the Maximum Power Point


35

(MPP) of the system (functioning at Normal Operating Cell Temperature -

NOCT).

• The acceptable Voltage range of the charge regulator will be the same as the one

of the solar PV systems and its range of output voltage will be compatible with

the assembly of the number of batteries in series.

• At the operating temperature of 0-50°C, the release of heat should not damage the

regulator. The system of heat dissipation must be a "passive" type with radiators

correctly dimensioned without ventilators ("active" cooling type).

• The charge regulators must have a threshold voltage (set point) pre established in

the factory and applicable to the characteristics of the batteries and to the requirements of their cyclic operation. The setpoints will be determined at 25°C

with an accuracy of 1%, and will have to be stable in the range of operating

temperature (less than 1% of variation after a year).

• The maximum loss should be less than 2%

• The self-consumption of the charge regulator must be less than 2%

• The final charging voltage must be higher than the max cell voltage of 2,2V.

• The low threshold cell voltage must be higher than 1,8V.

3. Minimum life time 2 years

4. Regulators will be located at less than 3 meters from the batteries and the loss between

regulators and batteries will be less than 2% with nominal output. Cables will therefore have a

minimum section of 50mm².

5. The minimum following protections are required in order to prevent deterioration of the

regulators, inverters and charging batteries:

• Operation without battery.

• Appliances have to be protected from over-voltage from the charge regulator.

• Reverse polarity at the level of the battery: the output voltage of the regulator has

to be zero

• Reverse polarity at the module level

• Electric, magnetic and transient phenomena: no disturbance of the operation of the

regulators, inverter and the charging batteries.

• The electronic charge regulator is protected from the currents on the PV entry

(max. 1.25 x Isc) and on the output (max. 1.25 x Iload) for at least an hour. Such

situations should not destroy the system of protection of the charge regulator.

• Manual or automatic reset of protection is provided.

6. Indication and marking:

• LED indicators: indicating at least the state of charge of the battery, overload and

short-circuit

• Marking of the automatic circuit breakers inside cases: number, site, roles and

amperage.

• Clear indication of operating voltage, the maximum current, the manufacturer's

name, model, serial number, the connection, and polarity points.

7. The case of the charge regulator will be made of galvanized steel or aluminum. The case must be of the type IP 54 waterproof to prevent the entry of insects, dust and be corrosion resistant

according to IEC 529 or 60 529.

8. The encapsulation of the charge regulator is recommended but its effectiveness to avoid over-

heating of the charge regulator has to be shown. A coating of the electronic circuits adapted to

the tropical weather is required. Terminals must easily hold cables of a section at least equal to

the section of connection of the batteries.

9. The circuit breaker protection must be mechanically stable.

I. 4. Inverter 1. All the inverter must be of the same model and same supplier, they are well dimensioned with

a reserve of power of at least 25% in relation to the powers of 1.6 kWp system.


36

2. The inverter has to be able to provide the power necessary for the loads and it must have the

following main features:

• The inverter must be of the type Ph/N.

• Power AC 3000 W, with capacity to accept an overload of 25% for a minute

without having to activate an automatic protection.

• Nominal voltage at the entry corresponding to the ranges of the nominal voltages

of the battery and regulator with min tolerance of +/- 25% of the operating

voltage.

• Passive cooling system (no ventilators, only well dimensioned radiators

• Purely sinusoidal output AC voltage

• Output nominal voltage 220 - 240 V

• Rated frequency of 50Hz with maximum variations of 1%

• AC voltage variation less than 5%

• Performance over 90% above 20% of the output load.

• Operating temperature 0-50°C

• Self consumption less than 2%.

3. Minimum life time 2 years

4. Total protection will be provided against: Reverse polarity, over-voltage, overload, and short-circuit and over temperature. Protection will be electronic; an output fuse is not a sufficient

solution. The inverter has to be provided with an internal input circuit breaker. An electronic

input protection system is preferred. 5. Norms and standards: in conformity with the standards EC CIS ISO index electric protection

minimum IP 54.

6. Indication and marking

• at least LED indication for state of charge of the battery, overload and short-

circuit

• inverters must clearly be labelled with at least the following information: the

manufacturer's name and the model, serial number, voltage and current, battery

charge condition, connection and polarity points.

I. 5. Instrument tool case for acceptance measurement

The contractor will provide 3 set of equipments to be used by the MININFRA during acceptance

test.

The tool case will include a digital illuminance meter, a pyranometer, a AC clamp power tester, a

AC-DC clamp meter, a Clamp power meter with data logger, a thermo couple, a circuit tester, a

hydrometer, a compass, a GPS.

The Attention is drawn on the fact that cost of these equipments is not itemized in price sheet but

appears under a budget line (section B.5 table 2 line4.3) which is specific to 1 unit.

I. 6. PV Array support structure

1. PV modules must be mounted on independent steel structures, corrosion resistant (roof mounting is not permitted). The structure must withstand the max wind speeds of 25 m/s. It

must be sufficiently rigid to prevent wind torsion. The elevation of the field at its central axis

(longitudinal) is 3.5 meters. Modules will be oriented towards the north with an inclination of

10°.

2. The fixation devices (nuts, bolts, washers, supports) are in stainless materials of industrial

quality standard A21 or higher. Particular attention will be paid to avoid electrolytic effect

between any part of the system. Anti-theft screws and bolts will be set up with systematic

protection in resin (adhesive with two components).

3. The tender document provides a standard plan of the complete solar installation which constitutes the minimum standard to be respected.

4. The support structure must be designed in order to allow the cleaning of the solar modules

without difficulty, using an aluminium telescopic ladder provided by the contractor. The proposed ladder system must allow a simple operation, not presenting any risk of accident to


37

persons or damage to equipment. The ladder must not be supported against any of the panels,

only the metal structure can be utilized. The system should be removable and will be fixed on

the support structure and secure with a minimum of two locks (included in the supply).

5. The photovoltaic field will be completely out of reach of any shade for the period of 8h to 16h during the day.

6. At the level of the preparation of this offer the bidder will submit their own design. A standard

acceptable plan is annexed, subject to mechanical resistance calculations.

I. 7. Batteries enclosure, charge regulators and inverter enclosures.

1. The battery, regulator and inverter must be installed under the PV array in ventilated cabinets

and padlocked. The cabinets will be fixed on the structure supporting the modules or on an

independent structures on the ground (standard Concrete: BA C25/30 EE1 following S2 F3

DM20 according to EN 206-1 with EN 197-1 or following EN Cement Steel Ac 37 or Ac 52) under the PV array. When they are located on the ground, cabinets will be elevated from the

ground to at least 50 cm.

2. Batteries will be in an independent cabinet. Regulators and inverters can be in a common cabinet.

3. Cabinets will be of industrial standard ISO 9001 /9002. They will have a lifetime of at least 10

years without any maintenance. 4. Cabinets will be in conformity with the Standard IEC 60439-4.

5. The battery cabinet compartments must be acid proof.

6. Equipments must be easily accessible for the control and maintenance technicians.

7. The cabinets must be ventilated. The design will prevent entry of water, small animals, insects

and dust. They must protect equipment against any unauthorized intervention and have a

secure locking system. They must avoid the risk of short-circuit and of electrocution.

8. A clearly readable warning label will warn the user of the dangers associated with the improper use of the acid-lead batteries and of the risks from electric shocks. This label will be

in English and in Kinyarwanda.

9. Cable penetrations must be through the bottom of the enclosures, through press packs out of

chrome-plated steel (pass cable) correctly fixed and tightened.

I. 8. Protection and cabling

I.8. 1. Protections and ground loop:

12. The general protection system will be of Earth separate neutral type (TN-Ph).

13. Equipotential lines with a section of 16mm² will connect the divisional circuit breaker box of the various buildings if the ground values are not reported (The same like the ground rod).

14. The ground wire lines have to be connected to a ground well which incorporates all the loop

lines and the equipotential lines. 15. At the exit side of the ground well and at a minimum height of one meter, the line of earthling

will be provided with cuts ground of a cross section of 35mm².

16. The minimum cross section of the equipotential lines that connect all the metallic parts of the installation must be 16mm2.

17. The power supply box of the buildings will equally be connected to the equipotentential line if

the earth measured value in the power supply box is different from that measured at the earth

breaking level.

18. A ground loop placed at a minimum of 3m from the photovoltaic installation and buried at a

minimum depth of 1,50 m. It will be made up of a galvanized wire mono strand (or led) of with only one fastening (without welding or connection) and of one minimum section of 50

mm². The Ø of the loop will be adjusted according to the necessary ground values.

19. The ground wire has to be rigid and resistant to UV and to bad weather. 20. The equivalent electric section of the ground wire loop is a geometrical section equivalent to

at least 50mm² of Copper (Cu).

21. The ground loop is placed on the open areas of excavation and is covered with good ground so as to be, under any circumstances, in contact with the materials constituting the foundations


38

(mortar, concrete, reinforcements metal beams, etc.).

22. If it is required to fix the ground wire to the base of the excavation only is authorized to use

objects (hooks, pins, cramps, riders…) in copper or in a synthetic material whom not have any

corrosive action on the driver's metal constituting the ground loop can be used. 23. The ends of the ground wire loop remain worth visiting at the level of the ground well. If the

ground loop is made up of several wire placed in series, the ends of each wire and their

connections remain worth visiting in the ground well. 24. An alternative to the ground loop - only if the layout of the premises does not allow its

implementation - is burying the earth bar. This alternative can also be used in rocky ground.

This option will have to be the subject of a prior authorization of the administration. 25. The earth bar will be of cylindrical profile full (type Copper weld) of a min Ø of ¾ (19mm)

the steel of which has mechanical resistance RT = 600 N/mm² covered of min 250µm of Cu.

26. They will be laid out according to the technique of the ”Foot of the goose”?? with a minimum

of 2 superimposed 2m earth bar (provided with their connection sleeve) the earth bar will be

placed with a 6m distance between centres until obtaining the necessary ground values lower

than 10Ω. 27. All the earth bar will be connected among themselves and to a ground tie point bar of 50 mm²

in Cu at the level of the ground well by a ground wire of the same type as the ground loop.

28. The ground value (ohmic) has to be checked in the presence of a delegate at the time of the receipt of the installation and has to be in all cases lower than 10Ω

29. Its value will be checked and will be adjusted at the time of routine maintenances (At least

once a year).

I.8. 2. Type of wiring:

The cables going from the photovoltaic panels to the connection boxes, the connection boxes

towards the regulator then to the batteries and finally to the inverter must be distinguished,

including:

• Sections will be calculated so as to minimize the voltage losses (acceptable voltage losses less

than 3%).

• Cables are flexible and resistant to UV and atmospheric conditions.

• The size and the length of the cables have thus carefully to be chosen to reduce as much as

possible the voltage losses, in particular for the DC part of the systems. The bill of quantities

forms give the minimum indicative values required for the cables.

All wiring has to be dimensioned to minimize voltage losses a. Less than 3% between the Solar PV modules and the charge regulator,

b. To less than 1% between the charge regulator, batteries and inverter.

These percentages are calculated on the conditions of use or peak load. All wiring will be made of

flexible drivers of copper (for DC.) with colour codes or will be labelled on the thermoplastic insulator. The conventional colours for DC; wiring to two drivers are red and black or blue. For

the 3-drivers AC (individuals or cables), the colour convention will be red or brown (for the Live),

blue or black (for the Neutral) and yellow/green (for ground wire). In a practical way the types of cable to be used will be as follows:

(Identification international of CENELEC provided with the logo< HAR >)

• Electric feeding cables and lighting cables: XVB 3G2,5mm²

• Cable of distribution of the boxes (inverters - divisional circuit breaker boxes): XFVB

3G10mm²

• Earth wires: VOB or HO7V-R min 16 mm²

• Module PV to regulator to batteries cables: HO7V-K or HO7 RN-F with min 25 mm² up to 50

mm² according to the type of coupling of the panels.

• Battery to inverter cables: HO7V-K or HO7 RN-F with min 100 mm² according to the of

cabling of batteries.


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I.8. 3. Night lighting system

Tenderers are required to propose a basic and economic solution for the night lighting system

(LED or lamp). Luminosity should be higher than 4000 lumens and provide appropriate lighting

of the solar field at night. Preferably (but not required) 2 or 3 lights will be provided to avoid complete failure of the system if one fails. The main purpose of the system is to enhance security

of the installation. Therefore system should be rigid, resistant to shock, protected by a metallic

screen and located in area difficult to reach but allowing maintenance. The system should be light sensitive and include a twilit switch in order to provide automatic turn on/off. A manual switch

on/off should be also provided, this switch but will be located in the inverter/controller cabinet and

will provide an enable/disable function.

I.8. 4. Fences

All the fences will be formed from galvanized steel netting, with a link of 60 mm with a minimum

wire of 3 mm diameter. The height of the fence will be 2 meters above the ground level. The form

of the enclosure will be able to be either rectangular or square. The dimensions of the perimeter

will be adapted to each type of equipment to be installed. Stakes will be out of steel. They will be anchored on a stud out of reinforced concrete of 40 cm of height and of length and 20cm breadth.

The distance between two adjoining stakes will not be higher than 2 m. The enclosure will

comprise a fitted latticework with a door , closing with a key and will be at least one meter wide.

The distances between the modules and the fence will be at least 3m on all sides. On the side

where the cleaning scale will be placed, the technician will have a minimum space of 80 cm

between the foot of the scale and the fence.

A identification placard of 1m by 0.60 m will be fixed at the entry of the fence with the following

indications: Name of the school, Name of the donor, of the building Owner and of the Project

superintendent, and their emblems (respective flags), the principal, solar technical features of the

site, installation and reception date etc.


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II. PART 2: DISTRIBUTION: INSTALLATION AND SMALL

EQUIPMENTS II. 1. Installation

1. The contractor will assign in Rwanda two factory technicians who have collaborated closely

with this company on similar contracts. These technicians will be present in Rwanda during

the whole installation phase; they will ensure the follow-up, the internal supervision and the coordination of the activities. Associated expenses are included in the price sheet of the

individual PV systems.

2. All system installation will be as per the standard EN 50110.1 applicable to the electric

exploitations facilities and good practice specified by the standard IEC 60364 or IEC 60364.1

3. Electrical layouts and class layout are provide in these specifications and must be respected.

4. The contractor will install, test and put in operation all systems. He will be responsible of all

equipment including security up to provisional acceptance.

5. The tenderer is expected to have perfect knowledge of on the sites conditions, for all the areas

of implementation, in particular the fact that most schools are remotely located and that access may be difficult during some part of the year. The Implementing Ministry will organize a site

visit as announced in the procurement notice and the instruction to tenderers.

6. The civil work required under this tender includes the realization of: a. the foundation of the support structure the photovoltaic field,

b. the fence surrounding the generator and all the components of the photovoltaic solar

system,

c. all trenches necessary for ground loop and underground cable between the PV field

and the buildings

7. Although the implementation of all installation work is of the responsibility of the contractor,

it is permitted to contract the local population to perform some of the civil work such like foundation and trenches digging. In such a case, the contractor is committed to pay an

equitable wage to the workers.

8. For each district, the contractor will organize with the authorities of the district and of the

school a site visit in order to: to identify the positioning of the solar field, to specify the

possible work to be done by the community, modalities and responsibilities, to identify the

buildings to equip, to locate the breakers boxes, plugs, switches and all other equipment, to

express the needs of the company concerning access to the buildings, to establish the planning

of work. Minutes of this meeting will have to be written for each school. It will be signed by

the stakeholders mentioned so above and a copy will be sent to the Implementing Ministry. 9. Implementation of work on a school site should minimize the perturbation of school activities.

Perturbation of classroom activities will in no case exceed 1 month.

II.2. Distribution cables

1. The underground cables from the inverter to the divisional circuits breaker box will be of type

XFVB 3G10mm² capped or sheathed and placed at a minimum depth of 60cm in the ground.

Underground cable will be covered by an appropriate protection.

2. Cables inside building will have a section of 2,5mm², they will be of type XVB 3G2.5 mm².

They will be apparent and inserted in PVC tube on the whole length, firmly fixed and

provided with protected ends according to regulations and practice specified before.

3. The mixed lines (lights/plugs) are not admitted in the internal installation.

4. The lines running from the divisional boxes to the final appliances (plugs, lamps, switches…)

will be protected individually. A circuit will not be allowed to have more connections than those indicated in the unfilled scheme (additional…).

5. Wiring will be exposed and must be physically protected by PVC rigid tube or piping. All

external wiring (exposed to the sun) has to be resistant to UV according to IEC 60811.


41

6. All the cables used for the installation will have with the logo < HAR >certifying that they are

in conformity with the harmonized rules CENELEC, type of cable used are in conformity with

(Harmonized Rules)DH 516-S2 of 1997.

II.3. Installation for the Classrooms and offices (8 classrooms or offices per school)

On average basis, 8 classes or offices will be equipped per school. However this number may vary

from 6 to 10. The tender price is provided on the basis of 8 schools per school, however pricing sheet includes unit prices allowing invoicing on number of class effectively equipped.

Classes will be located in 1 to 3 different buildings. The tender price is provided on the basis on

connecting 2 buildings. In a similar manner invoicing will be based on number of buildings connected.

Mostly classrooms will be equipped. However administrative offices may also been equipped.

1. The 8 classrooms or offices will have the following equipment:

• 2 separate switches

• 4 power outlet plugs located in 4 different areas of the room

• 4 lights with reflectors. For classroom, 2 for the board and 2 in student area.

• all the wiring necessary for this installation

2. They simplified drawing shows will be positioned according to the positions on the plan

attached…

3. Only one circuit (called lighting circuit) will protect all the lines of lighting for 4 classrooms. 4. Two separate circuits (called feeding circuit) will supply each of the lines of 8 plugs on either

side of the classrooms..

5. The lighting circuit will be protected by a line circuit breaker In = 6A with Icc=6kA.

6. The 2 feeding circuits will be separately protected by a line circuit breaker In = 10A with

7. Icc=6kA.

II. 4. Divisional Circuits Breaker box:

1. In principal, each box will be provided with a general circuit breaker which will have a

minimum breaking Icc=10 capacity kA and separate circuit breakers which will have a minimum breaking Icc=6kA capacity. All the supplying overload switches of the divisional

tables circuits will be of type to Icc=6kA in accordance with the standard IN 60047,2 or IEC

974,2. The general circuit breakers will have for their part an Icc=10kA in accordance with the same standards.

2. The dimensioning of these circuit breakers will be done in accordance with the indications

presented in the single wire scheme (additional...... 3. The index of protection of the divisional box will be of type IP 65.

4. It will comprise a circuit breaker general In=16A with an Icc=10kA.

5. It will be fixed firmly (screws + doweling plug) on a wall, sheltered from the sun and rain.

6. It will be fixed out of reach at a minimum height of 2m height and maximum height of 2,60m.

7. The divisional boxes will be of industrial standard ISO 9001 /9002 for the type of

corresponding module with one reserve of at least 2 modules.

8. The box will be also in conformity with the technical standards and specification of the DAO

present.

9. Boxes will be in conformity with the Standard IEC 60439,4 10. The cables crossing will be made through the bottom base of the box and will be in a bead

shape, through stuffing packing boxes (pass cable) correctly fixed and tightened.

11. On the boxes ‘Attention, Danger’ has to appear as well as a clear identification of the operating voltage 220V.

12. In most cases, these classrooms will be located in a maximum of two buildings It is not

however excluded that for certain schools a third building has to be equipped to make a total

of 8 classrooms per school. Divisional boxes will consequently be added according to the list

of unit prices, a provision for such a situation is included in the bill of quantities included in

this tender.


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II. 5. Small equipment

II.5. 1. Socket-Outlets Plugs

1. AC-220V plugs will conform with the European standards and switchboards of type ISO 35 mm with a rated current (In) min of 20 A. The feeding plug must conform with the CIS 23-5

and CIS standards 23-16 or directive EEC 7/17 Type E or F under IN 50536

2. They will be installed and connected according to the provided plans. 3. Plugs AC will obligatorily be connected to the ground.

4. Plugs must include an international CENELEC'S identifying code.

5. All the plugs will be applied and fastened with a safety lid. Their installation must guarantee appropriate sealing and the correct placement of all joints.

6. Plugs are located at a depth of between 25 and 40 centimeters above the floor, they must be

aligned correctly.

II.5. 2. Switches

1. Switches will have a minimum rated current (In min) of 16 A;

2. The supplier is required to provide the mark, the matter, a reliable and long lasting fixture ,

system without the risk of a short-circuit, and must include the stop-functioning position

indication.

3. The supplier will issue an approval certificate on the electric durability of the cycles NO.-NF (open-close) equals or higher than 10,000 cycles in conformity with the IEC standards.

4. The voltage drop has to be negligible on the outlet side of the switch.

5. Impermeable switches, semi-tight IP 54 are required for installation outside.

6. Switches must have an international CENELEC'S identifying code.

7. All the switches must be installed and tightly fixed. Their installation must guarantee

appropriate sealing and the correct positioning of all the joints.

8. The company can choose to separate the switches (table and classrooms) or to keep them

together. If the switches are grouped, the double cases (twin case) must be used.

II.5.3. Lamps:

1. CFL lamps will be planned for 220 VAC and will have a power of 20 W, dephasing has to be

compensated and the power factor has to avoid the power induction reactivates in the installation.

2. The luminous output for the lamp should be a minimum of 45 lm per Watt.

3. The compact fluorescent lamp will make use of a coupling standardized (bayonet bulbs not accepted).

4. The fluorescent lamp will not cause radio interferences on the frequencies AM/FM;

5. Brackets are permitted for the lamps located near the tables, but will be chosen to allow

maximum light transmission.

6. The light reflectors assembled on the CFL bulb are strongly recommended.

7. The number of brackets will comply with the quantity form. 8. The external lights must conform with the IP54 standard, resistant to UV and any opening has

to be sealed so that no insect can damage them.

9. The lifetime (of operation) of the fluorescent lamp will exceed the 6.000 minimum operating hours.

10. The fluorescent lamp will have guarantee period guarantee of at least a year. The tube and the

ballast must conform with the IEC standards or equivalent.

II.5.4. Tie point boxes

1. The company will include in its supply all them tie point of junction necessary for the carrying

out of work. All tie point of junctions will be applied them and tight IP 65 or IP 67 in

accordance with the standard EN60529ou CI 60529 with marking EC or CENELEC. Their

installation should guarantee appropriate seals and the correct placement of all joints.

2. Inside the cable boxes, connections will be made by means of a tie point block with cage and screws.


43

3. The ends of all the cables have to be equipped with cable shoes.

4. The quick action couplings to be plugged in or related with twists are not permitted.

5. This same principle must be applied with any connection that will be made in the cases of

plugs or switches

II 5.5 Fixing on the walls and frames:

1. Cables are fixed on the walls and frame beams by fixtures what conform with the regulations of the code of practice of the RGIE (General Rules of Electricity Facilities).

2. Fixing (plugs, switches, cables, boxes, limped of junction) in the walls must be done by means

of steel screws of type 8.8 (60x70) and of synthetic doweling plug of Φ 8mm. 3. Fixtures in the walls and frames and beams by means of nails is prohibited.

4. Cables must skirt the walls and beams and no air passage between the beams is permitted. for

the attention of each owner in official national language.


44

III. PART 3: TRAINING, TEST, RECEPTION AND GUARANTEE

III 1 . Staff training

The staff training is an important element providing durability to the system. It allows the

beneficiary to operate efficiently and safely the system. It allows them to identify existence

abnormal situations, correct simple malfunctions or call for maintenance intervention and

prevent further damage.

The company will provide the training of at least two people per school and one person from the administrative body (sector) on which this school is located. The training will cover all the

operations which have to be carried out as part of normal use and routine maintenance by the

recipient, including the concepts which are necessary to detect the existence of a problem which should be pointed out to the maintenance company. Training will be done before the

provisional acceptance; it will include hands on training.

Content of the training (including hands on) package will be agreed with MININFRA at least

1 month before the test of the first sample units. The company will develop in the local

language, a procedure handbook illustrated with pictures or drawings.

III 2. Tests of equipments and factory controls

III. 2. 1. Test of equipments

The tenderer is required to provide, for each type of the PV equipments (modules, batteries,

converters, regulators) a test certificate issued by an approved EU/ACP inspection body or

laboratory. The certificate must be specific to the model proposed in the tender.

III. 2. 2. Factory controls

MINIFRA may elect to proceed with factory test before shipment. The factory test may

include: - Visual inspections,

- Packing list,

- Conformity of the supplies with those for which one test certificate has been provided

in tender,

- Verifying that supplier quality assurance procedure has been applied and that

technical documentation concerning quality control is available,

- Quality of packing,

- Technical documentation concerning the quality controls carried out.

Before dispatching the equipment, the contractor informs MININFRA that equipment will be shipped and indicates where the equipments can be checked. Within 2 weeks, MININFRA

communicates his intention to proceed or not with the verification. MININFRA would then

proceed with the verification within two weeks of his notification. Inspections would be carried out in less then 5 working days.

If MININFRA does not provided initial answer in due time, contractor may proceed with

shipment and informs MININFRA by certified mail of his intention.

If MININFRA does not proceed with inspection in due time, contractor may proceed with

shipment and informs MININFRA by certified mail of his intention.

As long as periods of time mentioned here above are respected, no extension of the contractual

period will be granted. Contractor should therefore issue his initial notification in due time.

III. 3. Provisional and Final Acceptances of the facilities

III. 3.1. Sample Units

Two sample units fully operational will be realized in the beginning of the in situ activities.

The may be done


45

The purpose are:

1. to allow improvement of all aspects of the implementation

2. to avoid repetitive mistakes

3. to establish a reference unit for all other installation. The contractor will not proceed with implementation on other site until clearance is given by

MINIFRA. MINIFRA may impose to solve all issues or may eventually request to implement

a third sample unit before giving such a clearance. Training package, acceptance procedure documentation packages will also be validated during

this process and may be adjusted from lessons learn.

The preference of MININFRA is to proceed with the acceptance of the sample units when they are fully operational. However, it would be acceptable to separate it in 2 or 3 phases

(classroom equipments, support structure, PV and operation). This would the case if the

contactor planning foreseen to start classroom equipment or civil works well before

installation of PV system.

III. 3. 2. Provisional Acceptance of the facilities

A provisional acceptance is planned for each solar system at the completion of installation

once it is fully operational. It will be pronounced by a commission formed by representatives

of MININFRA, MINECOFIN, MINEDUC and the Delegation of the European Union in

presence of representatives of the contractor. A reception report will be drawn up, referring by name participants and site concerned. It will

provide all observations, contractor answers and agreed corrective actions with

implementation deadline. If corrective actions can not be agreed the administration would

specify them unilaterally. Training and all required documents have do be provided before

the reception meeting. If applicable they will be verified as part of the reception.

The provisional acceptance will be pronounced and certificate issued when components are

installed, have satisfied all tests and verifications, are put into operation and all corrective

actions have been implemented.

Provisional receptions can be carried out for a minimum of 30 complete solar systems geographically regrouped (no more then 3 districts to visit). Within these constrains,

contractor may decide which schools are grouped. However when a batch of 30 schools is

defined it will not be modified and the provisional acceptance certificate will be issued when all the schools of this batch will be in full conformity.

The contractor will notify by fax or by any other correspondence to the MININFRA, at least

fifteen (15) days before, the date of the provisional acceptance of each batch of 30 facilities. The MININFRA will organize the meeting which will be held in the fifteen (15) days

following the request of the contractor. Verification will consist of checking at the

quantitative and qualitative levels, conformity with contracts of all supplies and installations,

performances and correct functioning of equipments, effectiveness of training, completeness

and accuracy of documents.

There is no implicit acceptance of the equipments in case of omission by MININFRA to organize the reception in due time. If MININFRA omits to issue the certificate of provisional

acceptance, within thirty (30) days after all the schools of a batch are in full conformity (as

certified by the 30 signed acceptance reports), MININFRA is considered to have issued this certificate at the end of this period.

A detailed acceptance procedure will be agreed between the contractor and MININFRA at

least one month before the reception of the 2 sample units. As part of the provisional acceptance of each unit, it will be signed a memorandum of

understanding (MINIFRA, school, local authority, contractor) specifying which interventions

are allowed or prohibited for the school and district/sector staff in respect with application of

warranty. The memorandum will not include any obligation for the school or district/sector

staff other than normal routine. The memorandum will be standard and agreed with

MININFRA.


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III. 3. 4. Final Acceptance of the facilities

The final acceptance will be pronounced a year after the provisional acceptance. Verifications

and procedures similar to the provisional acceptance will be implemented. Acceptance will be

done by batch of 30 (or more) schools geographically regrouped (in one district, two if

necessary to have a full batch). Verification will also include effectiveness of the maintenance

services, respect of warranty obligations and availability of spare parts.

III .4. Conditions of Guarantee of the systems and various

III .4.1. Guarantee

The guarantee starts at the date of issue of the provisional acceptance certificate by

MININFRA. The period of guarantee is one year for all the components part of the supply. The guarantee covers the defects of materials, manufacturing or assembly and defects relating

to the performance of the components. Performance of equipment will remain within criteria

applicable for the provisional acceptance.

The guarantee means replacement of the failed components by a new equipment which will be

installed free of charge. If failed equipment can not be replace by equipment identical to the

original one, authorization to use alternate supply has to be granted by the MININFRA.

It will be guaranteed that the performances of components will not undergo an important

deterioration as per article 32 of Special condition, Technical Specifications I.1.14, I.2.3, I.3.3,

I.4.3. The guarantee applies fully in the event of design, dimensioning or installation defect, whether

it was detected or not at the time of the provisional acceptance.

The damage resulting from acts of war, riots, vandalisms and natural disasters will not be covered by the guarantees.

Contractor is responsible for damage which may occur as a result of poor quality of

workmanship or low resistance to wearing out. This rule is applicable applies to classroom and office equipments including CFL lights.

To circumscribe its responsibilities, the tenderer will indicate in his bid clearly the limits to the

application of the guarantees relating to the interventions by third parties. Any restriction other

than those relating to the intervention by third parties or those specified in this section is

unacceptable and would make the offer not appropriate.

The limitations to the interventions by the third parties can in no case prevent the use and the

normal enjoyment of the systems by the recipients.

III .4.2. Maintenance services

The contractor will be in charge of the routine and preventive maintenance during the

guarantee period.

At least two maintenance visits will be made. However number and frequency of visits (if

more then twice), will be fixed by the contractor in order to ensure that all maintenance

preventive maintenance requirements are satisfied.

Planning of the visits and maintenance procedure will be submitted to approval of MININFRA

before the provisional acceptance.

During these periodic visits on site, as a minimum, the following control and maintenance

operations must be carried and recorded in a maintenance log book.

• Visual inspection of the all PV equipments (modules, batteries, controller, inverter, all

connections, civil work, support structure, connection to building, breakers boxes)

• Test on the electric parameters at output of generator and inverter

• Test of all batteries

• Check of the proper functioning of the facilities

• Repair faulted equipments in classrooms and officed including CFL lamp

All interventions carried out must be recorded in the log book and certified by the person responsible for the school:

• The date and the hour of the intervention,

• The tasks carried out,


47

• The measures carried out and their interpretation regarding the performances in the

time of equipment.

For the period of the guarantee, the costs of all the preventive and routine maintenance are incorporated into price as a separate budget line in the estimate.

III. 4.3. Interventions of breakdown service

In the event of breakdown, the local representative will be alerted directly either by the school

representative or by the administration.

The contractor or his local representative should travel to the site, proceed or replacement (as per terms of guarantee). In all cases, normal operation should be restore within 72 hours from

receiving the initial breakdown report from the recipient.

These interventions must be recorded in the maintenance log book and certified by the scholl

representative.

the date, hour of breakdown notification, notified by who

the date, hour of intervention, technician the date, hour return to normal operation

reason of intervention, description of the breakdown

caused of the breakdown measures taken to remedy this breakdown.

if repair has been done instead of replacement, provide justification

These interventions of breakdown service are not invoiced for the period of guarantee except for the interventions related to the circumstances not covered by the guarantee, as specified

earlier.

III .4.4. Minimum part stock and replacement components

The contractor or his local representative must during the all period of guarantee maintain a

minimum stock of parts in order to proceed with repair in due time.

This minimum stock is:

a) 0.5 % of the total number of modules

b) 5% of batteries, regulator and inverter

c) 2% of all other components excluding cables and fixation device

The contractor will indicate where this stock is located and can be verified by the

administration. This minimum stock is in no case a limitation to the extend of the guarantee.

This stock is the property of the contractor or of his local representative and is not paid for in

the contract. The minimum stock is maintain in permanence, meaning that when equipment are used for

repair, replenishment is required.

III .4.5. Maintenance log book and reporting

A maintenance log book will be kept for each unit and appropriate reporting to MININFRA

will be done for maintenance and repair intervention. Details of these log book and reports will

be agreed between MININFRA and the contractor before the first provisional acceptance.


48

Drawing 1: Standard Classroom arrangement.


49

Drawing 2: Standard electrical distribution.


50

Drawing 3: Standard site arrangement.


51

Drawing 4: Standard plan for systems and of the enclosure.


52

ANNEX III TECHNICAL OFFER

The technical offer will include all information listed in Instructions to tenderers, section 11.

Summary Data sheets (main component)

NOTE: The following summary data sheets have to be filled. They will be incorporated into

the technical offer. They do not substitute detail technical data, certificate, results of test,

performance curves, tenderer catalogue, ect which must also be provided as supporting

documents.

Summary Data sheet are provided for the main component only, for all equipments the

tenderer may use his own data sheet and catalogue, he will ensure that all information needed

to verify conformity of the equipment is provided.

This list of information is not exhaustive and does not have any restrictive character, the other

useful technical data can be provided by the tenderer. Information to be provided is indicated

in column technical data when non self explicit.


53

1. Data sheet of the photovoltaic solar module

Data Technical data

Nature of the cell

Type of module Nature and number of cell

Country of manufacturing

origin

Type of encapsulation

Nature of the framework

Number and position of the

limped of connection

Peak power The peak power of each module with 0°C, 25 °C, 45°C, 60°C

Guaranteed minimum peak

power of the module

Guaranteed minimum peak power of the module under the standard

conditions: 25°C, 1000W/m2

Voltage drop at the boundaries

of the diodes

No-load voltage

Nominal voltage nT

Voltage at maximum power 0°C, 25 °C, 45°C, 60°C

Running at maximum power 0°C, 25 °C, 45°C, 60°C

Characteristic curves ( I/V) Pour les températures 0°C, 25 °C, 45°C, 60°C

Short-circuit current

Maximum system voltage

Module output

Power tolerance

Sealing

Framework

International quality

standards

Maximum and minimum

temperatures of operation

NOCT temperature

(800W/m2, 20°C, 1 m/s)

Behaviour under the

environmental extreme

conditions (humidity, wind,


54

heat)

Resistance to hail (standards)

Weight

Dimensions L x W x H

Quality of manufacturing

Guarantee Include at least guarantee provided of the module, after 10 years and

20 years of operation


55

2. Data sheet of the Battery

Data Technical data

Quantity quantity of batteries for each 1.6 kWp system

Country of manufacturing

origin

Type

Mark

Nominal voltage (V)

Running nominal (A)

Capacity

- In 10h to 25°C

- In 20h to 25°C

- In 100h to 25°C

Positive plate

- Type

- Thickness

- Number of tubes per plate

- Number of plates per element

Negative plate

- Type

- Thickness

- Number of plates per element

Endurance in cycles

- Number of cycles 80% from discharge



Cycling curve according to the

discharge depth

Nature of the battery

Nature of electrolyte

Density of electrolyte

Ideal operation temperature

Operating temperature

Major discharge

Maintenance interval

Self-discharge

Nature of the Vat

Type of purity separator of

lead

Purity of lead


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Antimony rate (%)

Quantity of electrolyte

Weight of the battery with

vacuum

Weight of the battery with

electrolyte

Dimensions L x Wx H

Quality of manufacturing Specify the management of the quality (ISO9001 and ISO9002

standards (certification of quality of manufacturing)

Protection of the thimbles

(isolated and protected from

the external manipulations.

Guarantee


57

3. Data sheet of the charge regulator

Data Technical data

Mark

Country of manufacturing origin

Type of shunt regulator or series or other

Suitable for connection power to the regulator

(Wp)

Running photovoltaic acceptable (A)

Running from acceptable use (A)

Threshold voltage (charge judgment) (V)

Remission tension in charge of the battery (V)

Low threshold (V) tension

Tension of remission in operation of uses

Own consumption under normal operation

Charge output (%)

Discharge output (%)

Min temperatures and operation Max

Protection index

Protection against the operation without battery

Protection against the inversion of polarity at the

level of the battery

Protection against the inversion of polarity at the

level of the module

Protection against the electric and magnetic

transient phenomena

Lightning protection

Protection fuses (number, A, site and role of each

fuse (electric Protection without fuse is desirable)

Marking on the regulator (in English and/or in

French)

Luminous indications (Number of LEDS and

role of each LED)

Heat release: the regulator has provided with a

temperature compensating network


Guarantee


58

4. Data sheet of the inverter

Data Technical data

Mark


Type

Nominal voltage (V)

Running from max entry (A)

Running from max exit (A)

Output at the nominal point

Output 30% from the nominal point

IP55 protection index

Protection fuses (number, A, site and role of

each fuse (electric protection without fuse is

desirable)

Protection against the high currents

Protection against the inversion of polarity at

the level of the battery

Overload surcharge

Over potential protection (lightning)

Protection against the short-circuit

Protection against the electric and magnetic

transient phenomena

Protection against any other defect which can

influence the operation of the systems

Own consumption under normal operation

Type of connection to the other components


Marking on the converter (in English and/or in

French)

Luminous indications (Number of LEDS and

role of each LED)

The regulator has provided with a temperature

compensating network

Dimensions


59

Weight (Kg)


Details and frequencies of maintenance

Guarantee


60

5. Data sheet of Lamps with low electricity consumption (LBC)

Data Technical data

Mark

Type


Nominal output of operation will have to be

20 Watt + or – 2 W

Nominal voltage of the power supply of the

lamp

The operation tension interval has to be 200 to

240 V


Endurance in cycle

Protection index

Lifetime

Manufacturing standards


Guarantee


61

ANNEX IV FINANCIAL OFFER and UNIT PRICE LIST

8 pages numbered separately


NAME or COMPANY: ........................................................... SIGNATURE and SEAL: .................................................................. DATE and PLACE: ................................................Page 1 of 8

ANNEX V. FINANCIAL OFFER PRICE SCHEDULE

Table 1: Total price (all inclusive) Table 2: Solar system of 1.6 kWp minimum (unit price): supply, transport, installation, training and maintenance (all inclusive) Table 3: Price breakdown (equipment, parts …) (Hardware CIF Kigali) (non exhaustive List) Table 4: List of the unit prices (in letter): solar system 1.6 kWp Note 1 : all pages (including this one) of the financial offer must be signed, stamped and dated Note 2 : all prices listed in table 2 are used to calculate price of table 1 all prices listed in table 3 are used to calculate price of table 2 these prices are used to calculate quantities variation price are not subjected to price variation until provisional acceptance Note 3: prices provided in letter in table 4 are used for price verification and supersede any price provided in table 1 to 3 Note 4: Tax and customs arrangements provided in section B.9. are applicable. Custom clearance fees are included in price.



Table 1: TOTAL PRICE (all inclusive)

N° Description Unit Quantity Unit price Euro

Total price Euro

1 Cost of the solar systems: Supply (table 2 items: 1.1 + 2.1)

1.1. Cost of 300 solar systems of 1.6 kWp minimum: Supply (CIF Kigali)

Pce 300

2 Cost of the installation of equipments (tables 2 items: 1.2 + 2.2)

2.1 Cost of the installation of the solar systems 1.6 kWp

Pce 300

3 Cost of the transport (Kigali – Schools) of equipment (tables 2 item 3.1)

3.1 Cost of the transport of the solar systems 1.6 kWp

Pce 300

4 Cost of the staff training (tables 2 item 4.1)

4.1 Cost of the staff training of the solar systems 1.6 kWp

Pce 300

5 Cost of maintenance (tables 2 item 5.1)

5.1 Cost of the maintenance of the solar systems 1.6 kWp during the guarantee period

Pce 300

TOTAL PRICE



Table2: Unit price of one (1) solar system of 1.6 kWp min: Supply, transport, installation, training, maintenance (all inclusive)

N° Description Unit Qty P.U. (Euro)

Country of Origin

1 GENERATION - PHOTOVOLTAIQUE FIELD (Equipment and installation) - -

1.1 Equipment price (CIF Kigali ) - -

1.1.1 Solar panels (a set of solar panels of a total power of 1.6 kWp min ) Full set 1

1.1.2 Solar batteries (a set of batteries of a total capacity of 1600 Ampere-hour min) Full set 1

1.1.3 Inverter of 3000 GO, 24, 48V Full set 1

1.1.4 Charge regulators 40A min, 48V (a set of 3 regulators) Full set 1

1.1.5 Battery Box (cabinet) Full set 1

1.1.6 Inverter and Regulator Box(s) Full set 1

1.1.7 Support Structure of the solar modules including removable ladder Full set 1

1.1.8 Support Structure of the inverter, the batteries and all others. Full set 1 (note 5) (note 5)

1.1.9 Protection and ground loop Full set 1

1.1.10 Wiring and accessories for the photovoltaic field (panels-regulators cables, regulators-battery cables, batteries-inverter cables, divisional inverter-box cables, protection cables, any other cables and accessories as needed)

Full set 1

1.1.11 System of lighting of the photovoltaic field Full set 1

1.1.12 Fence of the field Full set 1

Sub Total 1.1 : Equipment price (CIF Kigali) - -

1.2 Installation (labour and civil work) and security - -

1.2.1 Installation of PV equipments (modules, battery, regulators, inverter, lighting) includes labour, civil work, materials and security up to provisional acceptance

Full set 1 N.A

1.2.2 Installation of structure and fence Full set 1 N.A

Sub Total 1.2: Installation (labour and civil work) and security - -

SUB Total 1.: GENERATION - PHOTOVOLTAIQUE FIELD (Equipment and installation)

- -

N.A : non applicable

(Note 5) : may be marked N.A or Zero if included in item 1.1.8



Table2: Unit price of a solar system of 1.6 kWp: Supply, transport, installation, training, maintenance (all inclusive) (continuation)

N° Description Unit Qty P.U. (Euro) Country of Origin 2 ELECTRICAL DISTRIBUTION: (Equipment and installation) - -

2.1 Equipment price (CIF Kigali) - -

2.1.1 Classrooms and offices supply for the 8 rooms (note6) Full set 1

2.1.2 Equipment for the connection of 2 buildings (note 6) Full set 1

Sub Total 2.1: Equipment price (CIF Kigali) - -

2..2 Installation (labour + civil work) and security - -

2.2.1 Installation of 8 classes or offices (note 6) includes labour, civil work, materials and security up to provisional acceptance

Full set 1 N.A

2.2.2 Connection of the photovoltaic field towards 2 buildings (note 6) includes labour, civil work, materials and security up to provisional acceptance

Full set 1 N.A

Sub total ELECTRICAL DISTRIBUTION: (Equipment and installation) - -

3 TRANSPORT (local) of EQUIPMENTS - -

3.1 Transport of hardware (Kigali – School) Fixed amount

1 N.A

4 TRAINING, Engineering, Internal supervision, Documents and Tests - -

4.1 Training 3 people (1 person of the sector + 2 persons of the school) Fixed amount

1 N.A

4.2 Engineering and internal supervision ( note7) Fixed amount

1 N.A

4.3 User manuals, drawings, reports, data base, test (all as required and including factory test , supply of the 3 measurement tool sets)

Full set 1 N.A

5 MAINTENANCE - -

5.1 Preventive maintenance during the period of guarantee Fixed amount

1 N.A

Sub total 3.1 + 4.1 + 5.1: TRANSPORT (local), TRAINING, MAINTENANCE

UNIT PRICE of one Solar system 1.6 kWp Minimum - -

(note 6) numbers of classes to be equipped may vary between 6 to 10 per school, number of buildings to connect may vary between 1 to 3 per school. Payment will be done on the basis of classes equipped and buildings connected (note7) Internal supervision includes costs associated to presence in Rwanda of 2 factory technicians during installation and commissioning.



TABLE 3: DETAILS OF THE PRICES (Hardware CIF) (all inclusive) (non exhaustive List)

DESCRIPTION PARTIAL BREAK DOWN OF TABLE 2 ITEM …

P.U (EURO)

PHOTOVOLTAIC FIELD : 1.6 SYSTEM kWp 1 1 Solar panel with a nominal power of ...... Wc 1.1.1

2 1 Solar Battery with a capacity of …….. Amp/hour 1.1.2

3 1 Inverter 1.1.3

4 1 Charge regulator 1.1.4

ELECTRIC DISTRIBUTION 5 All supplies needed to equipped 1 classroom or office (2 switches, 4 plugs, 4 CFL lamps

20W, cables, wiring, PVC tubing, fixation device as needed, any others needed for operation)

2.1.1

6 All supplies needed to connect 1 building 1 divisional box + 1 general circuit breaker(16A) + 2 circuit breakers (10A) + 1 circuit breakers (6A) + cable ( 50 m) + underground cable protection (50 m), others

2.1.2

7 1 switch 2.1.1 and table 3 item 5

8 1 plug 2.1.1 and table 3 item 56

9 1 class room lamp and reflector without the CFL 2.1.1 and table 3 item 5

10 1 board lamp and reflector without the CFL 2.1.1 and table 3 item 5

11 1 CFL lamp (20W) 2.1.1 and table 3 item 5

12 1 divisional box 2.1.2 and table 3 item 6

13 1 general circuit breaker (16A) 2.1.2 and table 3 item 6



16 50m of external cable 2.1.2 and table 3 item 6

17 50 m of underground cable protection 2.1.2 and table 3 item 6

18 Installation (labor) of equipment in one classroom or office 2.2.1

19 Connection (labor) from solar field to one building 2.2.2



TABLE 4: LIST OF THE UNITAIRES PRICES: in LETTER

UNIT PRICE used in table 2 referring to a FULL SOLAIRE SYSTEM 1.6 kWp in LETTER (all inclusive)

Description PRICE IN EURO (in Letters) 1 GENERATION - PHOTOVOLTAIQUE FIELD (Equipment and installation)

1.1 Equipment price (CIF Kigali )

1.1.1 Solar panels (a set of solar panels of a total power of 1.6 kWp min )

1.1.2 Solar batteries (a set of batteries of a total capacity of 1600 Ampere-hour min)

1.1.3 Inverter of 3000 GO, 24, 48V

1.1.4 Charge regulators 40A min, 48V (a set of 3 regulators)

1.1.5 Battery Box (cabinet)

1.1.6 Inverter and Regulator Box(s)

1.1.7 Support Structure of the solar modules including removable ladder

1.1.8 Support Structure of the inverter, the batteries and all others.

1.1.9 Protection and ground loop

1.1.10 Wiring and accessories for the photovoltaic field (panels-regulators cables, regulators-battery cables, batteries-inverter cables, divisional inverter-box cables, protection cables, any other cables and accessories as needed)

1.1.11 System of lighting of the photovoltaic field

1.1.12 Fence of the field

1.2 Installation (labour and civil work) and security

1.2.1 Installation of PV equipments (modules, battery, regulators, inverter, lighting) includes labour, civil work, materials and security up to provisional acceptance



1.2.2 Installation of structure and fence

Description PRICE IN EURO (in Letters) 2 ELECTRICAL DISTRIBUTION: (Equipment and installation)

2.1 Equipment price (CIF Kigali)

2.1.1 Classrooms and offices supply for the 8 rooms

2.1.2 Equipment for the connection of 2 buildings

2.2 Installation (labour + civil work) and security

2.2.1 Installation of 8 classes or offices (note 6) includes labour, civil work, materials and security up to provisional acceptance

2.2.2 Connection of the photovoltaic field towards 2 buildings (note 6) includes labour, civil work, materials and security up to provisional acceptance

3 TRANSPORT (local) of EQUIPMENTS

3.1 Transport of hardware (Kigali – School)

4 TRAINING

4.1 Training 3 people (1 person of the sector + 2 persons of the school)

4.2 Engineering and internal supervision ( note7)

4.3 User manuals, drawings, reports, data base, test (all as required and including factory test), supply of the 3 measurement tool sets

5 MAINTENANCE

5.1 Preventive maintenance during the period of guarantee



UNIT PRICE used in table 4 referring to a FULL SOLAIRE SYSTEM 1.6 kWp in LETTER (all inclusive)

Description PRICE IN EURO (in Letters) PHOTOVOLTAIC FIELD : 1.6 SYSTEM kWp 1 1 Solar panel with a nominal power of ...... Wc

2 1 Solar Battery with a capacity of …….. Amp/hour

3 1 Inverter

4 1 Charge regulator

ELECTRIC DISTRIBUTION 5 All supplies needed to equipped 1 classroom or office (2 switches, 4 plugs, 4 CFL lamps

20W, cables, wiring, PVC tubing, fixation device as needed, any others needed for operation)

6 All supplies needed to connect 1 building 1 divisional box + 1 general circuit breaker(16A) + 2 circuit breakers (10A) + 1 circuit breakers (6A) + cable ( 50 m) + underground cable protection (50 m), others

7 1 switch

8 1 plug

9 1 class room lamp and reflector without the CFL

10 1 board lamp and reflector without the CFL

11 1 CFL lamp (20W)

12 1 divisional box

13 1 general circuit breaker (16A)



16 50m of external cable

17 50 m of underground cable protection

18 Installation (labor) of equipment in one classroom or office

19 Connection (labor) from solar field to one building

Supply and installation of photovoltaic solar equipments in 300 rural schools in Rwanda.

62

ANNEX V FORMS

MODEL PERFORMANCE GUARANTEE

PRE-FINANCING GUARANTEE FORM

PROVISIONAL / FINAL ACCEPTANCE CERTIFICATE

TAX AND CUSTOMS ARRANGEMENTS


63

MODEL PERFORMANCE GUARANTEE

<To be completed on paper bearing the letterhead of the financial institution >

For the attention of

Ministry of Finance and Economic Planning EDF NAO Support Unit Avenue de la Révolution Po. Box 4068 Kigali

Rwanda

referred to below as the “Contracting Authority”

Subject: Guarantee No…

Performance Guarantee for the full and proper execution of contract <Contract number and title>

(please quote number and title in all correspondence)

We the undersigned, <name and address of financial institution>, hereby irrevocably declare that

we guarantee as primary obligor, and not merely as a surety on behalf of <Contractor's name and address>, hereinafter referred to as “the Contractor”, payment to the Contracting Authority of

<amount of the performance guarantee>, representing the performance guarantee mentioned in

Article 11 of the Special Conditions of the contract <contract number and title> concluded between the Contractor and the Contracting Authority, hereinafter referred to as “the Contract”.

Payment shall be made without objection or legal proceedings of any kind, upon receipt of your

first written claim (sent by registered letter with confirmation of receipt) stating that the Contractor

has failed to perform its contractual obligations fully and properly and that the Contract has been

terminated. We shall not delay the payment, nor shall we oppose it for any reason whatsoever. We

shall inform you in writing as soon as payment has been made.

We accept notably that no amendment to the terms of the Contract can release us from our

obligation under this guarantee. We waive the right to be informed of any change, addition or

amendment to the Contract.

We note that the guarantee will be released within 45 days of the issue of the final acceptance

certificate (except for such part as may be specified in the Special Conditions in respect of after

sales service). [and in any case at the latest on (at the expiry of 18 months after the implementation period of the Contract)]1.

The law applicable to this guarantee shall be that of <enter Belgium, or the country of the

Contracting Authority if this is not the European Commission /country in which the financial institution issuing the guarantee is established>. Any dispute arising out of or in connection with

this guarantee shall be referred to the courts of <enter Belgium, or the name of the country of the

Contracting Authority if this is not the European Commission >

This guarantee shall enter into force and take effect upon its signature.

Name: ……………………………Position: ………………… Seal of the Financial Institution 2 Signature: …………….. Date: ………………… …………………………..

1 This mention has to be inserted only where required, for example where the law applicable to the guarantee imposes a precise expiry date 2 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed

characters.


64

PRE-FINANCING GUARANTEE FORM

<To be completed on paper bearing the letterhead of the financial institution >

For the attention of

Ministry of Finance and Economic Planning EDF NAO Support Unit Avenue de la Révolution Po. Box 4068 Kigali

Rwanda referred to below as the “Contracting Authority”

Subject: Guarantee No…

Financing Guarantee for the repayment of pre-financing payable under contract <Contract

number and title> (please quote number and title in all correspondence).

We, the undersigned, <name, and address of financial institution>, hereby irrevocably

declare that we guarantee as primary obligor, and not merely as surety on behalf of

<Contractor's name and address>, hereinafter referred to as “the Contractor”, the payment

to the Contracting Authority of <indicate the amount of the pre-financing>, corresponding

to the pre-financing as mentioned in Article 26.1 of the Special Conditions of the contract

<Contract number and title>concluded between the Contractor and the Contracting

Authority, hereinafter referred to as “the Contract”.

Payment shall be made without objection or legal proceedings of any kind, upon receipt of

your first written claim (sent by registered letter with confirmation or receipt) stating that

the Contractor has not repaid the pre-financing on request or that the Contract has been

terminated. We shall not delay the payment, nor shall we oppose it for any reason

whatsoever. We shall inform you in writing as soon as payment has been made.

We accept notably that no amendment to the terms of the Contract can release us from our

obligation under this guarantee. We waive the right to be informed of any change, addition

or amendment of the Contract.

We note that the guarantee will be released 45 days at the latest after the provisional

acceptance of the goods [and in any case at the latest on (at the expiry of 18 months after

the implementation period of the Contract)]3.

The law applicable to this guarantee shall be that of <enter Belgium, or the country of the

Contracting Authority if this is not the European Commission /country in which the

financial institution issuing the guarantee is established>. Any dispute arising out of or in

connection with this guarantee shall be referred to the courts of < enter Belgium, or the

country of the Contracting Authority if this is not the European Commission >.

3 This mention has to be inserted only where required, for example where the law applicable to the guarantee

imposes a precise expiry date


65

The guarantee will enter into force and take effect on receipt of the pre-financing payment

in the account designated by the Contractor to receive payments.

Name: …………………… Position: ………………… Seal of the Financial Institution

4Signature: …………… Date: …………… ……………

4 The name(s) and position(s) of the persons signing on behalf of the guarantor must be shown in printed

characters.


66

PROVISIONAL / FINAL ACCEPTANCE CERTIFICATE 5 Contract No °………………Title………………………………………………………………..…………………….. Contractor: ………………………… Beneficiary: ……………………………… …………………….. …………………… …………………….. …………………….

Item qty Description

Delivery

Installation

Spare Parts

Consumables

(Manuals

Training

Remarks

1

2

3

4

[…]

[…]

[…]

[…]

[……………………]

[……………………]

[……………………]

[……………………]

Provisional: All of the above mentioned items have been delivered, installed, tested and found compliant with the Technical Specifications of the supply contract. Final: The Supplier has remedied any defect or damage occurred during the warranty period, as specified in the contract. Date of acceptance:………………….

The Contractor The Beneficiary

Name Name Signature………………………….. Signature………………………….. The Project Manager (Contracting Authority) Name Signature…………………………..

5 Sample form, final model will be developed during contract implementation.


67

Tax and customs arrangements

Article 31 from Annex IV to the Cotonou Agreement

1. The ACP States shall apply to contracts financed by the Community tax and customs arrangements no less favourable than those applied by them to the most favoured States or international development organisations with which they have relations. For the purpose of determining the most-favoured-nation (MFN) treatment, account shall not be taken of arrangements applied by the ACP State concerned to other ACP States, or to other developing countries.

2. Subject to the above provisions the following shall apply to contracts financed by the Community:

(a) the contract shall not be subject in the beneficiary ACP State to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the ACP State and a fee corresponding to the service rendered may be charged for it;

(b) profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the ACP State concerned, provided that the natural or legal persons who realise such profit and/or income have a permanent place of business in that State, or that the performance of the contract takes longer than six months;

(c) enterprises which must import professional equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the national legislation of the beneficiary ACP State in respect of the said equipment;

(d) professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary ACP State or States in accordance with its national legislation free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;

(e) imports under supply contracts shall be admitted into the beneficiary ACP State without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the ACP State concerned shall be concluded on the basis of the ex-works price of the supplies to which may be added such internal fiscal charges as may be applicable to those supplies in the ACP State;

(f) fuels, lubricants and hydrocarbon binders and, in general, all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the national legislation in force in the beneficiary ACP State; and


68

(g) personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limit of the national legislation in force in the beneficiary ACP State.

3. Any matter not covered by the above provisions on tax and customs arrangements shall remain subject to the national legislation of the ACP State concerned.


69

PART C. FURTHER INFORMATION

ADMINISTRATIVE COMPLIANCE FORM

CRITERIA OF TECHINCAL CONFORMITY ASSESSMENT



70

ADMINISTRATIVE COMPLIANCE FORM.

NAME OF TENDERER (or Consortium): …………………………………………

Name of Consortium Leader: …………………………….

Names of Consortium Members: …………………………………..

All administrative criteria indicated in the tender document have to be satisfied.

The following table will be used to verify the administrative conformity of the bid.

Criteria Conformity (YES/NO)

Tender form and tender guarantee

1. Tender form provided, initial on each page and signature at end of the form

2. Tenderer origin is eligible (ACP/EU)

3. Price is in Euro (Form B 5)

4. Tender declaration (item 7 of tender form) filled by tenderer

5. Tender guarantee for 50.000 Euro provided and acceptable

Selection criteria (Instruction to tender article 16)

6. Economic and financial capacity (total turnover as per criteria). Supporting documents are provided.

7. Experience in PV system supply (PV supply Turn over as per criteria). Supporting documents are provided.

8. Experience in PV system supply (PV system installation as per criteria). Supporting documents are provided.

9. Supporting documents provided and allow verification of capacity and experience (ref tender form article 6).

Draft contract

10. Initial on each page (Section B1)

11. Special conditions (Section B2)

12. General conditions (Section B3)

13. Technical specifications provided with initial on each page

Other Documents

14. Legal entity form provided

15. Bank account information form provided


71

ADMINISTRATIVE COMPLIANCE FORM CONTINUED.


Name of Consortium Leader: …………………………….

Names of Consortium Members: …………………………………..

16. The tenderers established in Rwanda have to provide: a) tax clearance certificate b) social security fund clearance certificate. (Both valid and/or dated from less than 90 days)

Financial Offer

17. a) Financial offer provided initial on each page and signature at end of the form b) Unit price form filled in letter, initial on each page c) Origin of equipment indicated where required and eligible

Technical Offer

18. Technical offer is provided and includes: a) description of supply, b) data sheets, c) catalogues as needed, d) description of methodology, e) planning in agreement with requirements, f) description of maintenance services, g) description of training. (technical conformity evaluated per specific form)

19. Warranty conditions described and in accordance with the conditions laid down in Article 32 of the General Conditions, in Special condition and technical specifications.

20. Conformity certificates issued by supplier provided (see list in instruction to tenderers section11)

21. Test certificates issued by ACP/ EU inspection body or laboratory provided (see list in instruction to tenderers section11)

22. a) Supplies origin statement of the tenderer attesting that all equipment will be from EU/ACP origin is provided. b) Origin is indicated in data sheets and financial offer. (refer also to 17c)

23. a) Duly authorized signature: an official document (statutes, power of attorney, notary statement, etc.). b) Applicable to tender and members of consortium.

24. For consortium: a) Consortium agreement (if applicable) provided signed by each member and leader is identified b) All consortium members nationality is indicated and eligible c) Tender declaration (item 7) filled by each member

25. Copy of trade license or company registration provided (for consortium: to be provided for each member)

ADMINISTRATIVE COMPLIANCE : All Sub criteria satisfied


72

CRITERIA OF TECHINCAL CONFORMITY ASSESSMENT

The technical assessment will be done on the basis of the following grid. Technical specifications not included in the conformity assessment criteria, remain contractual obligations when Tech Specification has preseance.

Using this list the tenderer can easily check the conformity of his system.

Even if this is not a requirement, the tenderer is advised to provide in the right-hand column the references as precise as possible of the documents and pages where the confirmation of the conformity can be found, several references can be provided. If the tenderer him self cannot provide such reference that may mean that his offer is incomplete or does not provide all the information necessary for its evaluation.


73


Criterion number

Technical conformity criteria Appropriate

Yes/No

Tender document reference

Test of equipments

1. 1. Test certificate provided PV modules

2. 2. Test certificate provided battery

3. 3. Test certificate provided charge regulator

4. 4. Test certificate provided inverter

Conformity to the standards

5. 1. PV modules: - certified in conformity with the standard IEC 61215

6. 2. Batteries: - Manufacturing standards: DIN 40736, CIS-ISO 9001/ 9002

7. 3. Regulator: -Waterproof resistant: IP 54, according to IEC 529 or DIN 40050).

8. 4. Inverter: -standards EC TUV, electric protection minimum IP 20 index

Conformity of the guarantees

9. 1. No restriction PV modules on the non regressive guarantee of a year

10. 2. PV modules: Guaranteed on the performances of the photovoltaic modules: - Minimum 90% of the rated output guaranteed within 10 years

11. - Minimum 80% guaranteed within 20 years. .

12. 3. Batteries: - no restriction on the non regressive guarantee of a year,

13. -technological guarantee provided for 6 years

14. 4. Regulators: -no restriction on the non regressive guarantee of a year,


74



16. 5. Inverter: -no restriction on the non regressive guarantee of a year


18. 6. Lamps and/or LED: no restriction on the non regressive guarantee of a year

19. 7. Any other electrical equipment: no restriction on the non regressive guarantee of a year

Photovoltaic modules

20. 1. PV modules made up of cells out of silicon mono-or poly-crystalline.

21. 2. The nominal peak power of the PV modules under the standard conditions has to range from a minimum of 80 Wp to a maximum of 250 Wp

22. 3. Acceptable minimum voltage at the maximum power point (MPP) in conformity with the fixed threshold

23. 4. The minimum guaranteed peak power should not be less than the nominal peak power minus 5%.

Batteries

24. 1. The total capacity of the batteries is 1600Ah

25. 2. The batteries will be - of Pb-Sb,Pb-Ca,Pb-Ag

26. - type deep cycle

27. - tubular plate,

28. - sealed (maintenance free) or vented.

29. 3. Batteries will have the following characteristics: - Nominal voltage of 24 V


75


30. - Nominal cell voltage: 2V,

31. - Cells assembled in series

32. - Operation temperature: 0 to 50°C

33. - Self discharge: lower 5% per month

34. - Cycles: guaranteed minimum 4000 cycles in C20

35. 4. Guaranteed performances: - Cycles: guaranteed minimum 4000 cycles with a discharge cycle until 20% (C20)

36. - Performance guarantee: 6 years

37. 5. Batteries arrangement and connection: - Parallel arrangement of batteries is not recommended

38. - Each battery will be engraved with the manufacturing date

Charge regulator

39. 1. The regulation system will be made up of three (3) regulators each of 40 A.

40. 2. The main features: - the regulation is done using a micro processor

41. - regulation algorithm comprises at least: Boost phase (working setting) and floating Phase.

42. - if regulating of shunt type:

43. - if regulating of series type classifies: able to treat 125% of the MPP current of the system

44. - the nominal voltage of the identical charge regulator that of the PVsystems

45. - the rated input current will be 40 A for1.6 KWp systems


76


46. - the maximum acceptable output current shall be equal to or higher than a minimum of 40A for (1.6 KWp) systems

47. - The operating temperature of 0 to 50°C.

48. - The maximum voltage drop shall be less than 2%

49. - The charge regulator self consumption has to be lower than 40 mA.

50. 3. Provided minimum protections - operation without battery

51. - appliances have to be protected from over charge by the charge regulator.

52. - reverse polarity at the battery level : the output voltage of the chaege regulator has to be zero

53. - reverse polarity at the module level

54. - electronic protection against the currents at the PV entry and at the output current for at least an hour.

55. 4. the charge regulator enclosure will be in galvanized steel or aluminium and must be of IP54 type

Inverter

56. 1. The inverter is unique and dimensioned with a reserve power of at least 25% with respect to the powers of 1.6 KWp.

57. 2. Main features: - AC Power 3000W, with capacity to accept an overload of 25% for a minute without having to activate the automatic protection operations.

58. - The inverter will therefore be of the type Ph/N. pure sine wave AC output-output ,Performance over 90% above 20% of the load output nominal voltage:220 - 240 V, rated frequency 50/60hrz with maximum variations of 1% , AC voltage variation less than 5%, operating temperature 0-50°C, self consumption less than 2% , ventilation checked by the temperature

59. 3. Electronic protection includes at least: a) reverse polarity, b) over voltage, overload, c) short-circuit, d) high temperature.

60. 4. The inverter must internally be provided with a circuit breaker. an electronic protection system at the entry point is preferred.


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PV array mounting structure

61. 1. The PV modules shall be mounted on an independent, corrosion resistant steel structure

62. 2. The height of the field its central axis (longitudinal) is higher than 3m.

Battery enclosure, charge regulator and inverter enclosure

63. 1. Batteries, charge regulators and inverters are installed under the PV array in ventilated and condensed enclosures.

64. 2; Batteries will be in an independent enclosure.

65. 4. Enclosures will be of industrial standard for the type of sheltered equipment.

66. 5. The compartments of the battery enclosure is acid proof.

67. 6. Equipment is easily accessible for the monitoring and maintenance technician.

Protection and cabling

68. 1. The general protection system will be of the neutral ground separate type (TN-S).

69. 2. The ground cable has to be rigid and resistant to UV and to bad weather.

Type of wiring:

70. 1. Cables are flexible and resistant to UV and to bad weather.

71. 2. Types of cable used are as follows: - Identification international of CENELEC provided with the logo< HAR >

72. - Electric and lighting cable: XVB 3G2,5mm²

73. - Cable of distribution of the boxes (inverters - divisional boxes): XFVB 3G10mm²

74. - Earth wire: VOB or HO7V-R 16 mm²


78


75. - Output cables of PV modules (PV module-charge regulator: HO7V-K or HO7 RN-F with min 25 mm² up to 50 mm² according to the type of coupling of the panels.

76. - Battery/inverter cables: HO7V-K or HO7 RN-F with 100 mm².

Night lighting system

77. 1. The night lighting with luminosity higher then 4000 lumens provided. System is robust.

Fences

78. 1. Material is galvanized steel.

79. 2. Layout in conformity with specification.

Distribution: Installation and small equipment

Installation

80. 1. Installation :the code of practice of the RGIE derived from the standard IEC 60364 or IEC 60364,1 harmonized European Document (DH) is applied

81. 2. The civil work is described and in conformity. (the foundation of the PV array support structures and of the fitted latticework on fence surrounding the generator and all the components of the photovoltaic solar system)

Distribution cables:

82. 1. Technical specification of all cables should conform to the present tender.

Installation for the 8 Classes or office of one the type.

83. 1. The classes will have following equipment: 2 separate switches, 4 simple plugs , 2 lamps with reflector for the table , 2 lighting lamps central, all the wiring necessary for this installation

Socket-outlets

84. 1. AC-220V plugs will be in conformity with the standards and switchboards European,

Switches


79


85. 1. Switches will have a minimum rated current (In min) of 16 A;

86. 2. The supplier will issue an approval certificate on the electric durability of the cycles NO.-NC (open-close) equals or

higher than 10,000 cycles in conformity with the IEC standards.

Lamps:

87. 1. CFL lamps will be planned for 220 V AC and will be of a power of 20 W,

88. 2. The lifetime (of operation) of the fluorescent lamp will exceed 6, 000 minimum operating hours.

Cables :Fixing in on the walls and frames:

89. 1. Cables are fixed on the walls and frame beams by means of fixing in conformity with the regulations of the code of

practice of the RGIE.

90. 2. Fixing on the walls and frame beams by means of nails is prohibited.

Staff training

91. 1. The company will ensure the training of at least two people per school and one person of the administrative entity (sector) on which this school depends.

92. 2. The training will cover for all the operations which have to be carried out in manner routine by the recipient including the concepts which are necessary to it to detect the existing of a problem which should be pointed out to the company.

93. 3. Training will be before the provisional acceptance. The company will have developed in local language a small illustrated procedure handbook. .

Checking in factory

94. 1. The checks in factory will be able to cover: Visual inspections, Entirety of the supplies, Conformity of the supplies with those submitted for testing of the equipments , Checking of ' checks of quality '' carried out by the supplier, Quality of packing, Technical documentation concerning the quality controls carried out.

Guarantee

95. 1. The guarantee is one year for all the components forming part of the supply.


80


96. 2. The guarantee covers the defects of matter, of manufacturing or of setting and the defects of the performances of the components.

97. 3. The guarantee means replacement by a new equipping and free installation of the failing components during the first year.

Minimum part stock and replacement components

98. 1. During the period of guarantee minimum stock of parts will be:

- 0.5% for the modules

- 5% for the converters, the regulators, the batteries

- 2% for other equipments excluding cables and fixation device


81


The following is a provisional and partial list of 207 pre-selected primary and secondary schools.

This list is not a commitment of the MININFRA. It is provided here as a reasonable example of what would be the final list.

Some useful information appears as GPS coordinates, distance from Electrogaz network and distance from Kigali. Statistics are provided in bottom of tables.

Name of school Sector District Province Distance from Kigali

Distance from Grid

Latitude Longitude Altitude

sum 26,486 3945

max 320 53

average 114 17

Nyarubuye Nyarubuye. Kirehe East 192 61 -2.18308 30.76016 1,759

Gacuba Musaza Kirehe East 188 53 -2.32324 30.60349 1,583

Kankobwa Mpanga Kirehe East 185 50 -2.17186 30.80098 1,723

Musaza Musaza Kirehe East 184 49 -2.32998 30.62690 1,795

Gahara Gahara Kirehe East 155 48 -2.33377 30.50476 1,542

Bitare Gashanda Ngoma East 156 46 -2.20715 30.44038 1,495

Cyondo Kiyombe Nyagatare East 215 45 -2.43826 30.11985 1,592

Mugogo Gahara Kirehe East 152 45 -2.36186 30.52075 1,545

Gashanda Gashanda Ngoma East 140 40 -2.17721 30.46482 1,537

PaysanatD Mahama Kirehe East 159 40 -2.25305 30.80587 1,357

Paysanat L Mahama Kirehe East 159 40 -2.30308 30.82627 1,357

Muhura Muhura Gatsibo East 124 40 -1.74684 30.27621 1,850

Tunda Kamabuye Bugesera East 68 36 -2.37374 30.11245 1,464

Nyakayaga Kamabuye Bugesera East 64 32 -2.42036 30.13936 1,439

Mamfu Muhura Gatsibo East 118 32 -1.73441 30.31340 1,740


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Murambo Kamabuye Bugesera East 63 31 -2.41114 30.10389 1,415

kazaza Rwempasha Nyagatare East 190 30 -1.16070 30.32311 1,425

Gasinga Rwempasha Nyagatare East 180 30 -1.19478 30.36473 1,428

Rwempasha Rwempasha Nyagatare East 188 28 -1.84226 30.19053 1,435

Biharagu Kamabuye Bugesera East 60 28 -2.37253 30.13169 1,418

Ndego Ndego Kayonza East 144 25 -2.01568 30.71329 1,368

Cyabayaga Mimuli Nyagatare East 190 25 -1.44540 30.26127 1,455

Bugarura Remera Gatsibo East 109 25 -1.73656 30.33733 1,722

Rushenyi Kabare Kayonza East 92 24 -2.06076 30.67829 1,377

Gasange Gasange Gatsibo East 108 20 -1.80427 30.29373 1,687

Matunguru Gasange Gatsibo East 108 20 -1.69122 30.44608 1,439

Buhabwa Murundi Kayonza East 102 18 -1.70491 30.54792 1,500

Nyagasambu Fumbwe Rwamagana East 35 17 -1.96400 30.52000 1,640

Gishuro Tabagwe Nyagatare East 157 17 -1.28532 30.20909 1,493

Rukomo1 Rukomo Nyagatare East 157 17 -1.37940 30.25225 1,401

Gicwamba Rwempasha Nyagatare East 156 16 -1.25380 30.24409 1,520

Bweya Rwempasha Nyagatare East 156 16 -1.24754 30.32001 1,506

Kansana Gashanda Ngoma East 115 15 -2.15563 30.49591 1,523

Janjagiro Fumbwe Rwamagana East 50 14 -1.86265 30.28803 1,735

Jarama Jarama Ngoma East 104 14 -2.27983 30.37951 1,431

Ruramira Ruramira Kayonza East 93 13 -1.98078 30.49873 1,553

Kagasa Mwogo Bugesera East 44 12 -2.07924 30.14746 1,429

Muvandimwe Murama Kayonza East 98 12 -1.99584 30.60960 1,635

Musheri Musheri Nyagatare East 164 11 -1.13376 30.39001 1,462

Shyanda Murama Kayonza East 101 10 -2.02976 30.59586 1,739

Rwimitereri Murambi Gatsibo East 94 10 -1.81713 30.34958 1,568

Rutunga Rutunga Gasabo Kigali City 43 33 -1.82139 30.16942 1,759

Gicaca1 Gikomero Gasabo Kigali City 47 17 -1.88967 30.25808 1,772

Kibara Gikomero Gasabo Kigali City 46 16 -1.86258 30.23771 1,637

Gikomero Gikomero Gasabo Kigali City 30 10 -1.88125 30.22165 1,858

Jurwe Ndera Gasabo Kigali City 30 10 -1.90548 30.20038 1,740

Bukure Bukure Gicumbi North 55 45 -1.79303 30.21728 1,848


83

Rwasa avec ESI Gatebe Burera North 85 45 -1.52250 29.92392 2,221

Karushya Bukure Gicumbi North 45 37 -1.81673 30.23070 1,808

Mutete Mutete Gicumbi North 40 32 -1.71405 30.09845 2,004

Karagari Bukure Gicumbi North 40 30 -1.81642 30.21095 1,774

Bwisige Bwisige Gicumbi North 100 30 -1.58013 30.15466 2,069

Kirwa Rutare Gicumbi North 36 26 -1.74377 30.14987 1,911

Bushenya Bungwe Burera North 100 25 -1.47672 29.96795 2,340

Gihuke Bwisige Gicumbi North 95 25 -1.54663 30.14537 2,064

Murehe Rutare Gicumbi North 33 23 -1.76343 30.14952 1,854

Nyanza Gicumbi Gicumbi North 45 23 -1.77747 30.17600 1,785

Rwamiko Rwamiko Gicumbi North 50 22 -1.75787 30.18590 1,957

Nyabyondo Bungwe Burera North 96 22 -1.48882 29.97223 2,340

Gaseke Mutete Gicumbi North 30 20 -1.76292 30.12412 1,455

Nyagatoma Rutare Gicumbi North 30 20 -1.77723 30.13445 1,457

Bushinga Manyagiro Gicumbi North 95 20 -1.53072 29.96747 2,322

Rwesero Rwamiko Gicumbi North 40 20 -1.79715 30.17653 1,456

Kinjojo Rutare Gicumbi North 55 18 -1.70270 30.17122 2,033

Kabira Rutare Gicumbi North 50 18 -1.73228 30.17036 2,047

Tumba Bungwe Burera North 90 15 -1.51275 29.96948 2,397

Gasiho Minazi Gakenke North 110 15 -1.73685 29.80730 2,123

Bungwe Bungwe Burera North 105 15 -1.50185 29.97333 2,368

Rebero Ruvune Gicumbi North 85 15 -1.62272 30.16705 1,669

Manyagiro Manyagiro Gicumbi North 80 15 -1.52355 30.01255 2,248

Gatebe Gatebe Burera North 80 15 -1.51587 29.94237 2,334

Rutake Janja Gakenke North 77 14 -1.67152 29.72205 2,108

Miyove Miyove Gicumbi North 99 13 -1.60936 29.97085 2,248

Kiryamo Muzo Gakenke North 76 13 -1.68570 29.73833 2,154

Munyana Minazi Gakenke North 67 12 -1.73863 29.78910 2,111

Karebero Minazi Gakenke North 67 12 -1.71038 29.81140 1,929

Cyinzuzi Cyinzuzi Rulindo North 70 10 -1.75086 30.01808 1,728

Kagorogoro Manyagiro Gicumbi North 85 10 -1.52406 29.98740 2,259

Karama Janja Gakenke North 73 10 -1.66740 29.74917 2,140


84

Cyambwe Nasho Kirehe South 181 45 -2.11973 30.72966 1,368

Gitare Nyarubaka Kamonyi South 62 45 -2.10523 29.82330 1,687

Mpinga Rugendabari Muhanga South 94 44 -1.93116 29.69012 1,864

Gacurabwenge (Branch) Gacurabwenge Kamonyi South 30 40 -2.56044 29.94912 1,864

Kirwa Adventiste Rugendabari Muhanga South 90 40 -1.92262 29.68017 1,653

Bunge Rusenge Nyaruguru South 185 35 -2.70568 29.64047 1,817

Gacurabwenge(protestant) Gacurabwenge Kamonyi South 40 30 -2.56042 29.94800 1,867

Nyagahuru(II) Gishubi Gisagara South 130 30 -2.58532 29.90465 1,453

Nyabitare Gishubi Gisagara South 130 30 -2.61865 29.92048 1,514

Cyuna Rusenge Nyaruguru South 180 30 -2.69986 29.62342 1,850

Bwenda Bwenda Nyamagabe South 189 29 -2.39672 29.55759 1,771

Rusenge Rusenge Nyaruguru South 180 29 -2.67678 29.63002 1,867

Rutete Kibirizi Nyanza South 125 28 -2.38988 29.90905 1,472

Rasaniro Rusenge Nyaruguru South 178 28 -2.70681 29.61898 1,840

Gakanka Kibumbwe Nyamagabe South 189 26 -2.41817 29.51374 2,024

Mbuye Kibirizi Nyanza South 130 25 -2.38430 29.93108 1,442

Muduha Gishubi Gisagara South 120 25 -2.54378 29.88160 1,583

Raranzige Rusenge Nyaruguru South 175 25 -2.69702 29.62990 1,860

Kibumbwe Kibumbwe Nyamagabe South 185 22 -2.40217 29.52578 2,058

Kibirizi Kibirizi Nyanza South 100 22 -2.38743 29.88456 1,547

Kigusa Nyarubaka Kamonyi South 50 20 -2.09792 29.84372 1,661

Ruyanza (Primaire et ESI) Nyarubaka Kamonyi South 50 20 -2.07943 29.81393 1,740

Gishubi Gishubi Gisagara South 130 20 -2.58912 29.86993 1,519

Kagoma Gishubi Gisagara South 115 20 -2.56687 29.87602 1,545

Gikunzi Rusenge Nyaruguru South 175 20 -2.65897 29.64630 1,718

Kinyana Kibumbwe Nyamagabe South 181 19 -2.37632 29.53669 1,811

Matara Kibirizi Nyanza South 120 19 -2.35338 29.91043 1,499

Mutara Mwendo Ruhango South 80 18 -2.12765 29.68936 1,794

Shyembe Maraba Huye South 160 15 -2.54240 29.65620 1,777

Maraba Maraba Huye South 170 15 -2.52655 29.61863 1,658

Kambyeyi Nyarubaka Kamonyi South 50 15 -2.08190 29.85542 1,579

Mututu Kibirizi Nyanza South 120 15 -2.33778 29.93395 1,493


85

Ruteme Kibirizi Nyanza South 110 15 -2.39863 29.84708 1,512

MwendoR Mwendo Ruhango South 75 13 -2.16613 29.68803 1,828

Giseke Mwendo Ruhango South 83 12 -1.22075 30.30318 1,469

Gasovu Rugendabari Muhanga South 90 12 -1.90860 29.67733 1,544

Kirwa Catholique Rugendabari Muhanga South 90 10 -1.92203 29.67246 1,599

Rugendabari Rugendabari Muhanga South 90 10 -1.94215 29.67855 1,668

Nzuki Kabagari Ruhango South 92 10 -2.22370 29.61650 1,707

Ndaro Ndaro Ngororero West 96 46 -2.00423 29.59246 1,866

Kibanda Ndaro Ngororero West 95 45 -2.01126 29.57513 1,827

Kabyiniro Muhororo Ngororero West 111 29 -1.89095 29.63935 1,887

Rongi Muhororo Ngororero West 108 26 -1.89330 29.65670 1,787

Kanogo Muhororo Ngororero West 108 24 -1.89943 29.62243 1,733

Biguhu A Ruganda Karongi West 130 23 -2.24526 29.47458 1,898

Ruboko Muhororo Ngororero West 105 23 -1.91053 29.65572 1,661

Nyagahinika Kigeyo Rutsiro West 147 20 -1.79360 29.33020 2,017

Vumbi Mushonyi Rutsiro West 200 20 -1.86768 29.30182 1,782

Nyagisagara Muhororo Ngororero West 105 20 -1.90630 29.59933 2,066

Giko Mahembe Nyamasheke West 180 20 -2.23793 29.30365 1,867

Kirimbi (avec secondaire) Kirimbi Nyamasheke West 185 20 -2.27337 29.19446 1,477

Biguhu B Ruganda Karongi West 129 19 -2.23051 29.48073 1,862

Kigeyo Kigeyo Rutsiro West 155 18 -1.81393 29.31255 1,958

Gacumbi Kirimbi Nyamasheke West 183 18 -2.26698 29.19945 1,544

Kamugarura Nyundo Rubavu West 157 16 -1.72933 29.32897 2,040

Shyira Shyira Nyabihu West 122 16 -1.68588 29.62893 1,734

Nyabikeri Ruganda Karongi West 125 15 -2.20803 29.47538 1,834

Kivumu Kivumu Rutsiro West 152 15 -1.77928 29.31693 2,019

Runyanzovu Nyakarenzo Rusizi West 300 15 -2.52223 28.96418 2,091

Cyanika Rurembo Nyabihu West 155 15 -1.66317 29.61183 2,178

Vunga Shyira Nyabihu West 121 15 -1.70336 29.63347 1,434

Bihembe Shyira Nyabihu West 121 15 -1.68612 29.62565 1,670

Nyabinaga Kirimbi Nyamasheke West 180 15 -2.25663 29.22175 1,667

Jarama Gihombo Nyamasheke West 180 14 -2.23418 29.22645 1,706


86

Mukondo Nyundo Rubavu West 153 13 -1.72378 29.72478 2,072

Ruganda Ruganda Karongi West 132 12 -2.21707 29.51632 1,714

Kageshi Busasamana Rubavu West 155 11 -1.59910 29.33006 2,072

Remera Boneza Rutsiro West 210 11 -1.91490 29.29950 1,673

Gahondo Rurembo Nyabihu West 150 11 -1.64055 29.56342 2,518

Nyagatare (avec secondaire) Mahembe Nyamasheke West 172 11 -2.23480 29.28208 2,069

Karambo Kanama Rubavu West 160 10 -1.71143 29.39133 2,287

Karama Boneza Rutsiro West 220 10 -1.89942 29.30900 1,815

Bushaka Boneza Rutsiro West 200 10 -1.89880 29.29507 1,685

Ngabo Kigeyo Rutsiro West 190 10 -1.83638 29.30305 1,827


87

Provisional List of Secondary schools

Name of school Sector District Province D. from Kigali

D. from Grid

Lat. Long. Altitude

TOTAL 8,432 1,571

max 310 80

moyenne 112 21 E.S Nyarubare Mpanga Kirehe East 285 80 -2.13758 30.85167 1337

.E.S Migongo Nyarubuye Kirehe East 192 61 -2.18134 30.75844 1759

G.S Nyarubuye Nyarubuye Kirehe East 189 58 -2.16589 30.85167 1723

.E.S Juru Juru Bugesera East 80 50 -2.10154 30.18907 1479

E.S Kankobwa Mpanga Kirehe East 185 50 -2.17186 30.80098 1723

Musaza Musaza Kirehe East 184 49 -1.32998 30.62690 1795

E.S.I. Cyondo Kiyombe Nyagatare East 215 45 -1.43826 30.11985 1592

E.S Cyambwe Nasho Kirehe East 215 45 -2.11973 30.72966 1368

Mugogo Gahara Kirehe East 152 45 -2.36186 30.52075 1545

Taba Muhura Gatsibo East 124 40 -1.74684 30.27621 1850

E.S Karama Karama Kamonyi East 47 37 -2.40964 29.13265 1681

E.S Paysannat D Mahama Kirehe East 152 35 -2.25305 30.80587 1354

G.S. Remera Rukoma Rukoma Kamonyi East 33 33 -1.93992 29.90738 1846

Mamfu Muhura Gatsibo East 118 32 -1.73441 30.31340 1740

Kirwa E.S.I Rutare Gicumbi East 40 30 -1.74420 30.15363 1934

E.S.I Cyabayaga Mimuli Nyagatare East 190 25 -1.44540 30.26127 1455

E.S Ndego Ndego Kayonza East 150 25 -2.01568 30.71329 1368

Bugarura Remera Remera East 109 25 -1.73662 30.33838 1723

E.S Rushenyi Kabare Kayonza East 92 24 -2.06076 30.67829 1377

Rwempasha (E.S.I) Rwempasha Nyagatare East 180 23 -2.13077 30.00306 1430

Kibumbwe Kibumbwe Nyamagabe East 185 22 -2.40217 29.52578 2058

E.S.I Gakoma Mimuli Nyagatare East 186 21 -1.42510 30.21584 1452

Kamonyi Gacurabwenge Kamonyi East 25 20 -2.01136 29.90700 1845

Gasange Gasange Gatsibo East 108 20 -1.80413 30.29361 1681


88

Rukomo Rukomo Nyagatare East 157 17 -1.37940 30.25225 1401

ESI Tabagwe Tabagwe Nyagatare East 157 17 -1.28512 30.20821 1496

G.S SOPEM Rukomo Nyagatare East 157 17 -1.37945 30.24444 1528

E.S Kansana Gashanda Ngoma East 115 15 -2.15563 30.49591 1523

E.S. Cyarubare Murama Kayonza East 111 15 -1.99974 30.62338 1726

E.S. Musenyi Musenyi Bugesera East 44 14 -2.18438 30.02420 1481

E.S Jarama Jarama Ngoma East 104 14 -2.27985 30.37951 1431

E.S. Ruramira Ruramira Kayonza East 93 13 -1.98078 30.49873 1553

E.S.I. Kagasaga Mwogo Bugesera East 44 12 -2.07924 30.14746 1429

Matunguru Rugarama Gatsibo East 118 12 -1.69123 30.44722 1436

E.S.I Musheri Musheri Nyagatare East 171 11 -1.13430 30.39011 1467

Rwimitereri Murambi Gatsibo East 94 10 -1.81713 30.34958 1568

Gikomero (E.S.I) Gikomero Gasabo Kigali City 28 10 -1.88125 30.22165 1858

Jurwe Ndera Gasabo Kigali City 30 10 -1.90548 30.20038 1740

Bukure Bukure Gicumbi North 45 35 -1.78753 30.22255 1870

C.F.J Rwesero Rwamiko Gicumbi North 40 30 -1.79812 30.17625 1461

Mutete E.S.I Mutete Gicumbi North 45 25 -1.70448 30.09820 1935

Rutake E.S.I Janja Gakenke North 77 14 -1.67108 29.72106 2110

Munyana E.S.I Minazi Gakenke North 67 12 -1.73816 29.78940 2115

Kagorogoro Manyagiro Gicumbi North 85 10 -1.52427 29.98715 2263

Ruyanza E.S.I Nyarubaka Kamonyi South 20 50 -2.07943 29.81383 1740

Rasaniro Rasaniro Nyaruguru South 180 26 -2.67098 29.61960 1838

Karambo Kibumbwe Nyamagabe South 183 22 -2.39316 29.52685 1959

E.S Nyarubaka Nyarubaka Kamonyi South 25 20 -2.04914 29.51325 1845

Mushubati (E.S) Mwendo Ruhango South 85 15 -2.13077 29.65650 1819

Musambira E.S. Musambira Kamonyi South 35 15 -2.49004 29.23155 1683

Ndaro E.S.I Ndaro Ngororero West 93 43 -2.01282 29.58100 1698

Nyabikeri Ruganda Karongi West 125 15 -2.20803 29.47538 1834

Kivumu E.S.I Kivumu Rutsiro West 152 15 -1.77897 29.31702 2026

Rugabano Rugabano Karongi West 102 10 -2.09710 29.48786 2028

Indashyikirwa Boneza Rutsiro West 200 10 -1.91163 29.29685 1654


89

PART D : TENDER FORMS


90

TENDER FORM

Publication reference: EuropAid / 127659 / D / SUP / RW 145 / F / 2009 – I / MININFRA – EC / RPPA

Title of contract: Supply and installation of photovoltaic equipments

in 300 rural schools in Rwanda.

<Place and date: To be filled by tenderer>

A: Ministry of Finance and Economic Planning EDF NAO Support Unit Avenue de la Revolution Po. Box 4068 Kigali Rwanda

One signed form must be supplied (for each lot, if the tender procedure is divided into lots),

together with the number of copies specified in the Instruction to Tenderers. The form must include

a signed declaration using the annexed format from each legal entity making the application. Any

additional documentation (brochure, letter, etc) sent with the form will not be taken into

consideration. Applications being submitted by a consortium (ie, either a permanent, legally-established grouping or a grouping which has been constituted informally for a specific tender

procedure) must follow the instructions applicable to the consortium leader and its members. The

attachments to this submission form (i.e. declarations, statements, proofs) may be in original or copy. If copies are submitted, the originals must be dispatched to the Contracting Authority upon

request. For economical and ecological reasons, we strongly recommend that you submit your files

on paper-based materials (no plastic folder or divider). We also suggest you use double-sided print-

outs as much as possible.

An economic operator may, where appropriate and for a particular contract, rely on the capacities

of other entities, regardless of the legal nature of the links which it has with them. It must in that

case prove to the contracting authority that it will have at its disposal the resources necessary for

performance of the contract, for example by producing an undertaking on the part of those entities

to place those resources at its disposal. Such entities, for instance the parent company of the

economic operator, must respect the same rules of eligibility and notably that of nationality, as the economic operator.

1 SUBMITTED BY

Name(s) of tenderer(s) Nationalityi

Leaderii

Member

Etc …


91

2 CONTACT PERSON (for this tender)

Name

Address

Telephone

Fax

E-mail

3 ECONOMIC AND FINANCIAL CAPACITYiii

Please complete the following table of financial dataiv based on your annual accounts and your

latest projections. If annual accounts are not yet available for this year or last year, please provide

your latest estimates, clearly identifying estimated figures in italics. Figures in all columns must be

on the same basis to allow a direct, year-on-year comparison to be made (or, if the basis has changed, an explanation of the change must be provided as a footnote to the table). Any

clarification or explanation which is judged necessary may also be provided.

Note : In the following, the year of publication of this tender (2009) is referenced as being

"this year".

Financial data 2 years

before

last

yearv

2006

€

Year

before last

year

2007

€

Last

year

2008

€

Averagevi

2006/7/8

€

This

year

2009

€

Annual turnovervii , excluding this contract

Cash and cash equivalentsviii at beginning

of year

Net cash from / (used in) operating,

investing & financing activitiesix excluding

future contracts

Net forecast cash from/ (used in) future

contracts, excluding this contract

Cash and cash equivalents8 at end of year

[ie, the sum of the above three rows]


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4 STAFF RESOURCES

Please provide the following personnel statistics for the current year and the two previous yearsx.

Average

manpower

Year before last

2007

Last year

2008

This year

2009

Overall Total for

fields

related to

this

contract xi

Overall Total for

fields

related to

this contract

11

Overall Total for

fields

related to

this contract

11

Permanent staff xii

Other staff xiii

Total

Permanent staff as a

proportion of total

staff (%)

% % % % % %

5 FIELDS OF SPECIALISATION

Please use the table below whose objective is to indicate the relevant specialisms related to this

contract of each legal entity making this tender, by using the names of these specialisms as the row

headings and the name of the legal entity as the column headings. Show the relevant specialism(s) of each legal entity by placing a tick () in the box corresponding to those specialisms in which the

legal entity has significant experience. [Maximum 10 specialisms]

Leader Member 2 Member 3 Etc …

Relevant specialism 1

Relevant specialism 2

Etc …xiv

6 EXPERIENCE

Please complete a table using the format below to summarise the photovoltaic systems supply

contracts carried since 2006 years by the legal entity or entities making this tender. The number of

references to be provided must not exceed 15 for the entire tender unless necessary to demonstrate that eligibility criteria are met as per stated in Procurement Notice item 16.

For each contract, the tenderer must provide,


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a) contract document or client attestation showing the project or contract title, client name and address, object of the contract, contract amount, kWp supplied and/or installed, date of signature

and implementation period

b) copy of provisional acceptance if project completed, c) copy of final acceptance if already pronounced.

d) if project is not completed, the tenderer will provide a customer statement about advancement of

activities and/or supporting evidence of the advancement of the project. Documents provided should allow verifying at least item 1 to 9 of the table below.

Data to be provided in order to demonstrate appropriate turnover and experience in PV

systems,

1. Project or contract title:

2. Name of legal entity, country,

adress xv:

3. Name of Client, country, contact

and adress:

4. Overall contract value (EUR) for

PV systems supply and/or

installation xvi:

5. Proportion supplied by legal entity

(%)xvii:

6. Contractual starting date:

7. Contractual implementation

period:

8. kWp provided under the contract:

9. kWp installed under the contract:

10. Detailed description of supply:

11. Related services provided:

12. Origin of funding:

13. Name of consortium members if

any:

Important Note:

The contracting authority may ask for additional evidence or contact a client referenced in these

tables.


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7 TENDERER'S DECLARATION(S)

As part of their tender, each legal entity identified under point 1 of this form,

including every consortium member, must submit a signed declaration using this

format. The declaration may be in original or in copy. If copies are submitted the

originals must be dispatched to the Contracting Authority upon request.

In response to your letter of invitation to tender for the above contract,

we, the undersigned, hereby declare that:

1 We have examined and accept in full the content of the dossier for invitation to tender No

<……………………………….> of <date>. We hereby accept its provisions in their

entirety, without reservation or restriction.

2 We offer to deliver, in accordance with the terms of the tender dossier and the conditions

and time limits laid down, without reserve or restriction:

Lot No 1: Supply and installation of photovoltaic equipments in 300 rural schools in

Rwanda.

3 The price of our tender, excluding the discounts described under point 4 is:

Lot No 1: ……………………………………………..

(amount in letter with indication of currency)

4 We will grant a discount of [% or currency], ………….. in the event of being awarded

the contract . (amount in letter, indicate "percent" or currency)

5 This tender is valid for a period of 90 days from the final date for submission of tenders.

6 If our tender is accepted, we undertake to provide a performance guarantee as required by

Article 11 of the Special Conditions.

7 Our firm/company [and our subcontractors] has/have the following nationality:

<……………………………………………………………………>

8 We are making this tender in our own right [as member in the consortium led by < name of the leader / ourselves > ]*. We confirm that we are not tendering for the same contract in

any other form. [We confirm, as a member in the consortium, that all members are jointly

and severally liable by law for the execution of the contract, that the lead member is authorised to bind, and receive instructions for and on behalf of, each member, that the

execution of the contract, including payments, is the responsibility of the lead member, and

that all members in the joint venture/consortium are bound to remain in the joint venture/consortium for the entire period of the contract's execution].

9 We are not in any of the situations excluding us from participating in contracts which are

listed section 2.3.3 of the Practical Guide to contract procedure for EC external actions. In

the event that our tender is successful, we undertake, if required, to provide the proof usual

under the law of the country in which we are established that we do not fall into these

exclusion situations. The date on the evidence or documents provided will be no earlier

than 1 year before the date of submission of the tender and, in addition, we will provide a


95

statement that our situation has not altered in the period which has elapsed since the

evidence in question was drawn up.

We also undertake, if required, to provide evidence of the financial and economic standing and the technical and professional capacity according to the selection criteria for this call

for tender specified in the procurement notice, point 16. The documentary proofs required

are listed in section 2.4.12.1.3 and 2.4.12.1.4 of the Practical Guide.

We also understand that if we fail to provide the proof/evidence required, within 15

calendar days after receiving the notification of award, or if the information provided is

proved false, the award may be considered null and void.

10 We agree to abide by the ethics clauses in Clause 23 of the instructions to tenderers and, in

particular, have no conflict of interests or any equivalent relation in that respect with other

tenderers or other parties in the tender procedure at the time of the submission of this

application.

11 We will inform the Contracting Authority immediately if there is any change in the above

circumstances at any stage during the implementation of the tasks. We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this

application may result in our exclusion from this and other contracts funded by the

EC/EDF.

12 We note that the Contracting Authority is not bound to proceed with this invitation to

tender and that it reserves the right to award only part of the contract. It will incur no

liability towards us should it do so.

13 We fully recognise and accept that we may be excluded from tender procedures and

contract, in accordance with the Section 2.3.5 of the Practical Guide to contract procedures

for EC external actions, for a maximum period of 5 years from the date on which the

infringement is established and up to 10 years in the event of a repeated offence within the

5 years of the above-mentioned date. Furthermore, we acknowledge that, should we made

false declarations, committed substantial errors, irregularities or fraud, we shall also be

subject to financial penalties representing 2 % to 10 % of the total estimated value of the contract being awarded. This rate may be increased to 4% to 20% in the event of a repeat

offence within 5 years of the first infringement.

14 We are aware that, for the purposes of safeguarding the financial interests of the Communities, our personal data may be transferred to internal audit services, to the

European Court of Auditors, to the Financial Irregularities Panel or to the European Anti-

Fraud Office.

[* Delete as applicable]

If this declaration is being completed by a consortium member:

The following table contains our financial data as included in the consortium’s tender form. These data are based on our annual audited accounts and our latest projections. Estimated

figures (ie, those not included in annual audited accounts) are given in italics. Figures in all

columns have been provided on the same basis to allow a direct, year-on-year comparison to be made <except as explained in the footnote to the table>.


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Financial data 2 years

before last

year5

2006

€

Year

before last

year

2007

€

Last year

2008

€

Average6

2006/7/8

€

This year

2009

€

Annual turnover 7, excluding this

contract

Cash and cash equivalents8 at

beginning of year

Net cash from / (used in) operating,

investing & financing activities9

excluding future contracts

Net forecast cash from/ (used in) future

contracts, excluding this contract

Cash and cash equivalents8 at end of

year (ie, the sum of the above three rows)

The following table contains our personnel statistics as included in the consortium’s tender form:

Average

manpower

Year before last

2007

Last year

2008

This year

2009

Overall Total for

fields

related to

this

contract 11

Overall Total for

fields

related to

this

contract 11

Overall Total for

fields

related to

this

contract 11

Permanent staff 12

Other staff 13

Yours faithfully

Name and first name: <[…………………………………………………………………>

Duly authorised to sign this tender on behalf of:

<…………………………………………………………………………………… …>

Place and date: <…………………………………………………………….………….>]

Stamp of the firm/company:


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This tender includes the following annexes:

[Numbered list of annexes with titles.In particular all supporting documents required to demonstrate eligibility should be included here]

i Country in which the legal entity is registered

ii add/delete additional lines for members as appropriate. Note that a subcontractor is not considered to be a

member for the purposes of this tender procedure. Subsequently, the data of the subcontractor must not

appear in the data related to the economic, financial and professional capacity. If this tender is being

submitted by an individual tenderer, the name of the tenderer should be entered as 'leader' (and all other lines

should be deleted)

iii Natural persons have to prove their capacity in accordance with the selection criteria and by the appropriate

means.

iv if this application is being submitted by a consortium, the data in the table above must be the sum of the

data in the corresponding tables in the declarations provided by the consortium members – see point 7 of this

tender form for a supply contract.

v Last year=last accounting year for entity.

vi Amounts entered in the 'Average' column must be the mathematical average of the amounts entered in the

three preceding columns of the same row.

vii The gross inflow of economic benefits (cash, receivables, other assets) arising from the ordinary operating

activities of the enterprise (such as sales of goods, sales of services, interest, royalties, and dividends) during

the year.

viii Cash and cash equivalents comprise cash on hand and demand deposits, together with short-term, highly

liquid investments that are readily convertible to a known amount of cash, and that are subject to an

insignificant risk of changes in value. An investment normally meets the definition of a cash equivalent when

it has a maturity of three months or less from the date of acquisition. Equity investments are normally

excluded, unless they are in substance a cash equivalent (e.g. preferred shares acquired within three months

of their specified redemption date). Bank overdrafts which are repayable on demand and which form an

integral part of an enterprise's cash management are also included as a component of cash and cash

equivalents.

ix Operating activities are the main revenue-producing activities of the enterprise that are not investing or

financing activities, so operating cash flows include cash received from customers and cash paid to suppliers

and employees. Investing activities are the acquisition and disposal of long-term assets and other investments

that are not considered to be cash equivalents. Financing activities are activities that alter the equity capital

and borrowing structure of the enterprise. Interest and dividends received and paid may be classified as

operating, investing, or financing cash flows, provided that they are classified consistently from period to

period. Cash flows arising from taxes on income are normally classified as operating, unless they can be

specifically identified with financing or investing activities.

x If this tender is being submitted by a consortium, the data in the table above must be the sum of the data in

the corresponding tables in the declarations provided by the consortium members – see point 7 of this tender

form for a supply contract.

xi Corresponding to the relevant specialisms identified in point 5 below.


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xii Staff directly

employed by the Tenderer on a permanent basis (ie, under indefinite contracts)

xiii other staff not directly employed by the Tenderer on a permanent basis (ie, under fixed-term contracts)

xiv add / delete additional lines and/or rows as appropriate. If this tender is being submitted by an individual

legal entity, the name of the legal entity should be entered as 'Leader' (and all other columns should be

deleted)

xvname of tenderer or of the member of the consortium submitting this tender.

xvi amounts actually paid, without the effect of inflation.

xvii portion of the referenced contract actually paid to the tenderer or the legal entity.


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TENDER GURANTEE FORM

Specimen tender guarantee

< To be completed on paper bearing the letterhead of the financial institution >



Avenue de la Révolution

Po. Box 4068 Kigali

Rwanda

referred to below as the “Contracting Authority”

<Date>

Title of contract: < Title of contract>

Identification number: <Publication reference>

We, the undersigned, <name and address of financial institution>, hereby irrevocably declare

that we will guarantee as primary obligor, and not merely as a surety on behalf of <Tenderer's

name and address> the payment to the Contracting Authority of <amount of the tender

guarantee>, this amount representing the guarantee referred to in article 11 of the

Procurement Notice.

Payment shall be made without objection or legal proceedings of any kind, upon receipt of

your first written claim (sent by registered letter with confirmation of receipt) if the Tenderer

does not fulfil all obligations stated in its tender. We shall not delay the payment, nor shall we

oppose it for any reason whatsoever. We shall inform you in writing as soon as payment has

been made.

We note that the guarantee will be released at the latest within 45 days of the expiry of the

tender validity period, including any extensions, in accordance with Article 8 of the

Instructions to Tenderers [and in any case at the latest on (1 year after the deadline for

submission of tenders)].

The law applicable to this guarantee shall be that of <enter Belgium, or the name of the

country of the Contracting Authority if this is not the European Commission / country in

which the financial institution issuing the guarantee is established>. Any dispute arising out of

or in connection with this guarantee shall be referred to the courts of <enter Belgium, or the

name of the country of the Contracting Authority if this is not the European Commission >.

The guarantee will enter into force and take effect from the submission deadline of the tender.

Name: …………………………… Seal of the Financial Institution

Position: …………………

Signature: ……………..

Date: …………………………

This mention has to be inserted only where required, for example where the law applicable to the guarantee

imposes a precise expiry date

The seal of the Financial Institution is Mandatory.


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BANK ACCOUNT NOTIFICATION FORM


101

LEGAL ENTITY FILE