Contract conditions

The bid documents (see page 9 of this Module) should contain the proposed contract conditions, so that the bidder is aware of, and agrees to, the conditions on which the project will be undertaken. 

These contract conditions should include the following provisions:

• Anti-corruption commitments:  A commitment by each party to the contract that it will not participate in any corrupt conduct in relation to the contract or project.
• Accuracy of information:  A commitment by each party to the contract that all information provided by them during the project will be accurate and true.  (This may include, for example, information in relation to claims for quality, quantities, payment, variations and extensions of time).
• Anti-corruption management system (for contracts over a reasonable value threshold):  A commitment by each contracting party that they have implemented, and will continue to implement for the duration of the project, an anti-corruption management system (as described in pages 3 to 5 of this Module), and that they will provide reasonable evidence of this implementation upon request.  
• Obligations:  Fair, clear and adequate provisions specifying the obligations relating to:
  • scope of work:  the extent of the work, services, equipment and materials to be provided
  • the quality and quantity of work, services, equipment and materials to be provided, and the method by which this is measured and approved
  • price and payment:  how the price for the work, services, equipment and materials is to be calculated and paid for
  • programme:  the date when the project, or parts of the project, are to be completed, and how completion is assessed
  • adjustments:  any adjustment to the above obligations, including:
    • the circumstances in which such adjustment can be allowed
    • who can apply for and approve such adjustment
    • the cost and time implications of such adjustment, and how these are calculated
  • any monitoring, auditing and reporting obligations.
• Termination and damages: The right of each party to terminate the contract and/or claim damages in the event of any corruption by the other party.