Volume I
Section 5. Part II ---- Special Conditions of Contract
STANDARD SPECIAL CONDITIONS OF CONTRACT
The following Standard Special Conditions of Contract shall supplement the General Conditions of Contract. Whenever there is a conflict, provisions herein shall prevail over those in the General Conditions of Contract.
Definitions and Interpretation
Replace 1.1 (a) (i) in its entirety with:
Definitions 1.1 (a) The “Bank”includes the International Bank for
Reconstruction and Development (IBRD) and the
International Development Association (IDA).
(i) The Employer is the party stipulated in the Appendix to
Bid. The Employer may nominate a Procurement Agent to
act on its behalf under the Contract. If so, the name of such
procurement Agent and the extent of the authorization, such
as handling Arbitration and commercial affairs, offered by
the Employer will be listed in the Appendix to Bid.
(iv) The Engineer is the Party stipulated in the Appendix to
Bid.
Amend subpara. (a) (iv) also by adding the following words
after the word “Conditions”:
“or any other competent person appointed by the Employer,
and notified to the Contractor, to act in replacement of the
Engineer.”
Add the following new definition to (a):
(vi) “Contractor‟s Authorized Representative”means the
person designated by the Contractor to act for the
Contractor in all actions under this Contract.
(vii) “Skilled Labor”means persons having knowledge to
lay out and supervise work of a complete character and
includes equipment operators.
(viii) “Unskilled Labor” means persons performing manual
work with common hand tools.
Amend subpara. (b) (v) of Sub-Clause 1.1 by adding the
following words at the end:
(b) (v) “The word …tender‟is synonymous with …bid‟and
the words …Appendix to Tender‟with …Appendix to Bid‟,
and the words …tender documents‟with …bidding
documents‟.”
(vii) Delete the words “(if any)”.
Add new definitions at the end of Sub-Clause 1.1 as
follows:
(h) (i) “RMBY”or “Yuan”is the denomination of
Renminbi Yuan, the currency of PRC.
(ii) CHINA is the People‟s Republic of China (abbreviated as PRC or PR China).
Engineer and Engineer‟s Representative
Engineer‟s Duties and
Authorities 2.1 With reference to Sub-Clause 2.1 (b), the following
provision shall also apply:
The Engineer shall obtain the specific approval of the
Employer before taking any of the following actions
specified in Part I:
(a)consenting to the subletting of any part of the Works
under Clause 4;
(b)certifying additional cost under Clause 12;
(c)determining an extension of time under Clause 44;
(d)issuing a variation order under Clause 51, except:
(i)in cases of emergency which, in the Engineer‟s
opinion, involve safety to life, limb, or the
Works, or of adjoining property or otherwise
requires immediate action to protect the
Employer‟s interests, the Engineer is authorized
to issue such orders as deemed necessary for
the period of the emergency and the Contractor
shall execute all such work or to do all such
things as may, in the opinion of the Engineer,
be necessary to abate or reduce the risk. The
Contractor shall forthwith comply, despite the
absence of the approval of the Employer, with
any such instruction of the Engineer. The
Engineer shall determine an addition to the
Contract Price, in respect of such instruction, in
accordance with Clause 52 and shall notify the
Contractor accordingly, with a copy to the
Employer.
(ii)if such variation would increase the Contract
Price by less than the amount stated in the
Appendix to Bid; or
(e)fixing rates or prices under Clause 52; or
(f)authorizing significant design changes, those which
would affect the basic function or capacity of the design
feature.