Fillable Printable Sample Services Contract
Fillable Printable Sample Services Contract
Sample Services Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
DRAFT
SAMPLE SERVICE CONTRACT FOR
COLLECTION OF MUNICIPAL SOLID WASTE AND STREET CLEANING
Sample Services Contract
Appendices – Performance Bonds
SOLID WASTE
STANDARD BIDDING DOCUMENTS FOR SERVICE CONTRACT FOR
SOLID WASTE COLLECTION AND STREET SWEEPING
i
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
SAMPLE SERVICE CONTRACT
FOR COLLECTION OF SOLID WASTE AND STREET CLEANING
Overview of the Sample Service Contract
2
The development of effective private sector partnerships in the waste management sector has
been identified as a first step to building a stable framework for the development of private
sector participation (PSP) in SWM in [COUNTRY]. [MINISTRY] has identified as one of the
priorities for PSP in [COUNTRY] improved service contracts for street sweeping, waste
collection, operation of waste transfer stations and operation of landfill sites. As one of the first
steps, the [MINISTRY] recognizes the need to develop bidding documents for these contracts,
following international good practice.
These Sample Bidding Documents address service contracts for waste collection, operation of
waste transfer stations, and operation of landfills in order to reflect the specific needs of
[COUNTRY]. To avoid overlapping with other contract types, and in particular the generic
bidding documents being prepared for the design, build, and operation of landfill and transfer
stations, the generic bidding documents for waste collection only cover services and not
investments in facilities which cannot be removed in the event of regular or early termination of
the contract.
The Sample Bidding Documents have been developed as a template for producing typical
bidding documents. It should be used as a baseline for case by case development of project
specific bidding documents.
Care should be taken to check the relevance of the provisions of the standard documents
against the requirements of the specific services to be procured. The Sample Bidding
Documents for Waste Services need to be adapted to the circumstances of each project.
This document contains the sample bidding documents for a service contract in solid waste
management and includes:
Sample Contract
Appendices to the Contract – Performance bonds
The sample service contract has been developed assuming that payment for services will be on
a Bills of Quantity unit price basis.
2
For the use of these sample bidding documents, it is very important to note the following:
1.
The documents should only be used as background reference – definitely do not “cut and paste”
without reviewing circumstances in detail.
2 The contracts should be reviewed to ensure that they are consistent with the laws of
[COUNTRY].
[COUNTRY]
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
A: SOLID WASTE COLLECTION AND STREET SWEEPING
ii
TABLE OF CONTENTS
Page
CONTRACT
Appendix 1 – Form if Bid Security……………………………………………………………..24
Appendix 2 – Form of Performance Bond……………………………………………………25
Definitions ....................................................................................................................3
Interpretation of the Contract .....................................................................................5
Effectiveness of the Contract .....................................................................................7
Commencement of Services .......................................................................................7
Scheduled Date of Termination ..................................................................................7
Liquidated Damages ........................................................ Error! Bookmark not defined.
Contract Variation........................................................................................................7
Authorised Officer .......................................................................................................8
Contractor Representative ..........................................................................................8
The Responsibility of the Contractor to Inform Itself ................................................9
Responsibility of the Contractor to Inform the Contracting Authority.....................9
Contractor’s Obligations ........................................................................................... 10
Subcontracts .............................................................................................................. 11
Personnel of the Contractor and Subcontractors ................................................... 12
Control and Supervision of Contractor’s Employees ............................................. 13
Staff and Operational Records ................................................................................. 14
Complaints in Respect of Service ............................................................................ 14
Schedule.……………………………………………………………………………..14
Gratuities. ................................................................................................................... 14
Equipment .................................................................................................................. 14
Force Majeure ............................................................................................................ 15
Responsibility for the Services ................................................................................. 15
Termination ................................................................................................................ 16
Recovery of Sums Due to the Contracting Authority .............................................. 17
Defaults in Performance of Service .......................................................................... 17
Financial Penalties .................................................................................................... 18
Contract Payment ...................................................................................................... 18
Price Adjustment ....................................................................................................... 18
Taxes........ .................................................................................................................. 19
Changes in Applicable Law ...................................................................................... 19
Terms of Payment...................................................................................................... 19
Audit Rights of the Contracting Authority ............................................................... 20
Liens.................... ....................................................................................................... 21
Ownership .................................................................................................................. 21
Limitation of Liability of the Contractor and the Contracting Authority ................ 21
Responsibilities and Indemnities ............................................................................. 21
Insurance …………………………………………………………………………..22
Permits, Laws and Regulations ................................................................................ 22
Customs Clearance/ Duties ...................................................................................... 23
Bank Guarantee ......................................................................................................... 23
Settlement of Disputes .............................................................................................. 23
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
3
SERVICE CONTRACT dated [date]
BETWEEN
[name of Authority] (the “Contracting Authority”) whose Principal Office is at [location]; AND
[name of Contractor] (the “Contractor”) a company incorporated under the laws of [country] whose
Principal Office is at [location].
WHEREAS:
A. The Contracting Authority is responsible for the provision of municipal solid waste services;
B. The Contracting Authority has received all requisite approvals necessary and has conformed with all
requisite laws in accordance with the Applicable Law to permit the Contracting Authority to enter into
the Contract;
C. The Contracting Authority has the jurisdiction to enter into the Contract pursuant to the Applicable
Law;
D. The Contracting Authority wishes to increase and improve the efficiency and quality of the Services;
E. The Contractor responded to the Prequalification Documents dated [date] and Bidding Documents
dated [date] organized by the Contracting Authority and was selected as the recommended
Contractor to enter into the Contract and to perform the Services set out in Schedule 1;
F. The Contractor has the corporate capacity and authority to enter into the Contract.
Now, therefore, in consideration of the promises and the mutual covenants of the Parties hereto, as set
forth hereinafter, it is mutually agreed as follows:
1 Definitions
The following expressions have the following meanings wherever used in this Contract, unless the
context otherwise requires:
i. “ADJUDICATOR” is the person appointed jointly by the Contracting Authority and the Contractor
to resolve disputes in the first instance, as provided for in clause 40 and shall be [specify
adjudicator]
1
.
ii. “APPLICABLE LAW’ means the laws and other instruments having the force of law in
[COUNTRY], as they may be issued and in force from time to time, including decrees of the
Government.
iii. "AUTHORISED OFFICER" means the person from time to time designated by the Contracting
Authority to have the duties, rights and obligations outlined in clause 7.
iv. “BANK GUARANTEE” means a guarantee from a bank for compensation to the Contracting
Authority in the event that it must assume the obligations and/or duties of the Contractor in order
to continue the services as defined by this Contract.
v. “COMMENCEMENT DATE” means the day when the Contractor starts providing the Services
under clause 4.
vi. "CONTRACT" means this Contract and the schedules, annexes and appendices hereto, as
described in clause 2(1).
1
Note to Government – complete as appropriate
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
4
vii. “CONTRACT DOCUMENTS means the documents forming the Contract, as specified in clause
2(1).
viii. “CONTRACTING AUTHORITY” means the Party who employs the Contractor.
ix. “CONTRACTING AUTHORITY EQUIPMENT” means such Equipment as is to be provided by the
Contracting Authority to the Contractor for performance of the Services, as described in Schedule
7.
x. “CONTRACTING AUTHORITY STAFF” means all personnel specifically designated by the
Contracting Authority’s Authorised Officer to be responsible for assuring proper delivery of
services under this Contract.
xi. “CONTRACTOR” means the Company that has signed the Contract and agreed to perform the
Services.
xii. "CONTRACT PRICE" means the sum or sums to be ascertained and paid in accordance with
sub-clause 30(2).
xiii. "CONTRACTOR REPRESENTATIVE" means the person designated from time to time by the
Contractor to have the duties, rights and obligations outlined in clause 7.
xiv. "CONTRACTOR STAFF" means all personnel specifically designated by the Contractor’s
Representative to be responsible for delivering services under this Contract including solid waste
collection workers, vehicle drivers, workshop mechanics, supervisors and administration staff.
xv. "EQUIPMENT" means any consumables, equipment, materials, implements and plant or other
things required or necessary for the Contractor to perform the Services.
xvi. “GOVERNMENT” means the [Government of [COUNTRY]]
2
.
xvii. "FINANCIAL PENALTIES" means penalties to be paid by the Contractor to the Contracting
Authority, through adjustments in payments by the Contracting Authority to the Contractor or
otherwise, upon issuance by the Contracting Authority of a default notice in accordance with
clause 23.
xviii. “FORCE MAJEURE EVENT” has the meaning set out in clause 20.
xix. “[COUNTRY]” means [COUNTRY].
xx. “LOCATION” means the place where the Services or any part thereof are to be performed by the
Contractor or to which goods, equipment or materials are to be delivered or stored or where work
is to be executed by the Contractor or where documents or records are held or stored by or on
behalf of the Contractor in connection with the provision of the Services together with, in respect
of property owned or occupied by the Contracting Authority, so much of the area surrounding
such place as the Contractor shall with the consent of the Contracting Authority use in connection
with the services or with such delivery, storage, or work otherwise than for the sole purpose of
access to such place.
xxi. "MONTH" means all the calendar days of the month.
xxii. “NOTICE” means either a rectification Notice, a default Notice, or a supplementary default Notice
in accordance with clause 22.
xxiii. “OPERATION PERIOD” means the period from the Commencement Date to and including the
date of termination of the Contract.
xxiv. “PARTY” means the Contracting Authority or the Contractor, as the case may be, and “PARTIES”
means both of them.
xxv. “PERFORMANCE SPECIFICATIONS” means the specifications that the Contractor is to follow as
2
Note to Government – provide appropriate definition for Government.
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
5
provided in Schedule 2 (Performance Specification and Penalties).
xxvi. “PREMISES” means any land, building, and or structure, or portion thereof.
xxvii. ”REGULATORY FRAMEWORK" means any laws, regulations, decrees and policies officially
developed and approved by the Government, for the purposes of regulating solid waste
generation, collection, transport, recycling, reuse, treatment, and disposal. A reference to any
laws, regulations, decrees or policies shall be deemed to include a reference to any amendment
or re-enactment of the same.
xxviii. “SCHEDULED DATE OF TERMINATION” means the scheduled date for expiry of the contract as
described in clause 5 which is the date falling [specify number of years for operation period]
3
years after the Commencement Date.
xxix. "SERVICES" means the services to be performed by the Contractor as contemplated by this
Contract and further described in Schedule 1, Description of Services.
xxx. "SUBCONTRACT" means any contract between the Contractor and any party (other than the
Contracting Authority or the Contractor's employees) for the performance of any part of the
Services.
xxxi. "SUBCONTRACTOR" means any party (other than the Contractor) to a Subcontract.
xxxii. "VARIATION" means any alteration to the Services in accordance with clause 6 “Contract
Variation.
xxxiii. "WEEK" means 7 consecutive days starting on Monday and ending on the following Sunday.
2 Interpretation of the Contract
(1) Contract Documents
All documents forming part of the Contract, and all parts thereof, are intended to be correlative,
complementary and mutually explanatory. The Contract shall be read as a whole. The following
documents and appendices which are incorporated by reference into this Contract shall be referred to
as follows:
a. Contract
b. Appendix “1” - Form of Bid Security
c. Appendix “2” - Form of Performance Guarantee
d. Schedule “1” - Description of Services
e. Schedule “2” - Performance Specifications and Penalties
f. Schedule “3” - Bill of Quantities
g. Schedule “4” - Reporting Requirements
h. Schedule “5” - Key Personnel and Subcontractors
i. Schedule “6” - Breakdown of Contract Price
j. Schedule “7” - Services, Premises, Equipment provided by Contracting Authority
(2) Index and Headings
The index and headings to the clauses are inserted for convenience of reference only and are not
part of the Contract and do not limit, alter or affect the meaning or operation of the Contract.
(3) Singular or Plural
The singular shall include the plural and the plural shall include the singular except where the context
otherwise requires.
3
Note to Government – to be completed (usual period for service contract 2 – 5 years, depending on how
much investment in Equipment is required by Contractor)
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
6
(4) Applicable Law
The Contract shall be interpreted in accordance with Applicable Law.
(5) Language
All correspondence, documentation and discussion with respect to the Contract and the Services
shall be in [English]
4
, which shall be the binding and controlling language for all matters relating to the
meaning or interpretation of this Contract.
(6) Authorised Representative
Any action required or permitted to be taken, and any document required or permitted to be executed,
under this Contract by the Contracting Authority or the Contractor may be taken or executed by the
following officials
For the Contracting Authority - [specify authorised representative]
For the Contractor - [specify authorised representative].
(7) Entire Agreement
This Contract constitutes the entire agreement between the Contracting Authority and the Contractor
with respect to the subject matter of the Contract and supersedes all communications, negotiations,
and agreements, whether written or oral, made by the Parties with respect thereto prior to the date of
the Contract.
(8) Notices
All notices, approvals, consents, instructions, certificates to be given under the Contract shall be in
writing and shall be sent by personal delivery, courier, facsimile or email to the addresses for notice of
the relevant Part as set out below:
Contracting Authority Contractor
Mailing Address: [specify address] Mailing Address: [specify address]
Facsimile: [specify fax number] Facsimile: [specify fax number]
Email: [email address] Email: [email address]
Any notice sent by facsimile or email shall be confirmed by the sender no later than two days after
dispatch by a notice sent by courier. Any notice sent by courier shall be deemed to have been
delivered 10 days after dispatch. In providing the fact of dispatch it shall be sufficient to show that the
envelope containing such notice was properly addressed, with proper payment for the courier, and
conveyed to the courier service for transmission. Any notice delivered personally or sent by facsimile
or email shall be deemed to have been delivered on the date of dispatch.
(9) Liability
No review, approval or acknowledgement by the Contracting Authority shall relieve the Contractor
from any liability or obligation under the Contract.
(10) Severability
If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such
prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other
provisions and conditions of the Contract.
(11) Survival of obligations
Upon termination or expiration of the Contract all rights and obligations of the Parties hereunder shall
cease, except clause 11(7) (Copyright), 11(8), 39 and 40 [specify other clauses that are to survive the
termination of this Contract].
4
Note to Government – modify as appropriate
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
7
3 Effectiveness of the Contract
This Contract shall come into force and effect on the date of signature of this Contract by both Parties or
such other date as the Parties may agree in writing.
4 Commencement of Services
(1) Within 30 days of the signature of the Contract, the Contractor shall submit to the Contracting
Authority for approval the final work plan showing the general methods, arrangements, order and
timing for the Services, compliant with the draft work plan submitted by the Contractor as part of its
bid for the Contract. The Contracting Authority shall review the final work plan and inform the
Contractor of its approval within [specify period] days of receipt of the final work plan. If the
Contracting Authority fails to provide its approval within this period then the final work plan will be
deemed to be approved. The Contractor shall deliver the Services in accordance with the approved
final work plan as updated.
(2) Subject to the fulfilment of any conditions precedent as set out in clause 4(3), the Commencement
Date shall be [specify period] days following approval by the Contracting Authority of the final work
plan.
(3) [The following are conditions precedent to commencement of Services:
(a) Delivery to the Contracting Authority by the Contractor of the Bank Guarantee;
(b) Receipt by the Contractor of such approvals as are required for the Contractor to perform the
Services;
(c) Delivery by the Contracting Authority to the Contractor of the Contracting Authority Equipment
and the Contracting Authority Premises;
(d) Other conditions preceden
5
t]
5 Scheduled Date of Termination
Unless terminated earlier pursuant to clause 22, the Contract shall expire and the Contractor shall
terminate provision of Services on the Scheduled Date of Termination.
6 Contract Variation
(1) The Authorised Officer shall be entitled to issue to the Contractor instructions in writing in relation to
all or any of the following:
a) to provide the Services or any part thereof in such manner as the Authorised Officer may
reasonably require providing that a requirement to provide the Services to the Performance
Specifications and Applicable Laws shall not be a Variation;
b) to provide such services additional to the Services including additional or substituted sites as
the Authorised Officer may reasonably require providing that such additional services shall be
the same as or similar to the Services;
c) to vary permanently the Services or any part thereof.
5)
Note to the Contracting Authority: Please insert such conditions precedent to commencement of
the Services as applicable
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
8
(2) The valuation of Variations shall be ascertained by the Authorised Officer in accordance with the
following provisions:
a) where the Variation is of a similar character to and is executed under similar conditions to the
Services, the prices for the work contained in Schedule 3 (Bills of Quantity) shall determine
the valuation; therefore the cost breakdown of unit prices shall be used in accordance with
Schedule 6 (Breakdown of Contract Price)
6
.
b) where the Variation is not of a similar character to, and is not executed under similar
conditions to the Services, the valuation shall be the fair price having due regard where
applicable to the prices contained in the in Schedule 3 (Bills of Quantity) and the cost
breakdown of unit prices provided in Schedule 6 (Breakdown of Contract Price).
(3) The Contractor shall not make any Variation without an instruction from the Authorised Officer.
(4) Variation of the terms and conditions of this Contract, including any Variation of the scope of the
Services or of the unit prices, may only be made by written agreement between the Parties.
7 Authorised Officer
(1) The Authorised Officer shall by notice provide the Contractor with all information, instructions and
decisions of the Contracting Authority made under the provisions of the Contract. All information,
instructions and decisions from the Authorised Officer shall be as if from the Contracting Authority
and shall commit the Contracting Authority.
(2) The Authorised Officer may from time to time delegate any of his responsibilities to any nominated
deputy and withdraw any such delegation. The terms of such delegation shall be the subject of
prior notification to the Contractor. Information, instructions and decisions from any nominated
deputy acting within the terms of his delegated authority shall be as if from the Authorised Officer.
(3) The Authorised Officer and any person authorised by the Authorised Officer shall have access at all
reasonable times to the Location (whether owned by the Contractor or any Subcontractor) and the
Contractor shall afford every facility for and every assistance in obtaining the right of access. The
Authorised Officer shall co-ordinate with the Contractor the access requirements to the Location.
(4) Only the Authorised Officer or his nominated deputy is authorised to receive on behalf of the
Contracting Authority, notifications, information and decisions of the Contractor under the provisions
of the Contract.
(5) The Contracting Authority shall have the right to change the Authorised Officer at any time at its
sole discretion and shall notify the Contractor in accordance with clause 2(8).
(6) Instructions, information and decisions from anyone other than the Authorised Officer or any
nominated deputy acting within the terms of his delegated authority shall have no contractual force
or validity even if they are written on the Contracting Authority notepaper.
8 Contractor Representative
(1) The Contractor Representative shall have the right to commit the Contractor to any course of action
within the rights of the Contractor under the provisions of the Contract and shall notify the
Contracting Authority of all information and decisions of the Contractor under the provisions of the
6
If Contract is for lump sum, then this will need to be amended accordingly
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
9
Contract. All information and decisions from the Contractor Representative shall be as if from the
Contractor and shall commit the Contractor.
(2) The Contractor Representative may from time to time delegate any of his responsibilities to any
nominated deputy and withdraw any such delegation. The terms of any such delegation shall be
the subject of prior agreement of the Contracting Authority. Information and decisions from any
such nominated deputy acting within the terms of his delegated authority shall be as if from the
Contractor Representative.
(3) Only the Contractor Representative or his nominated deputy is authorised to receive, on behalf of
the Contractor, notifications, information and decisions of the Contracting Authority made under the
provisions of the Contract and notification to the Contractor Representative shall be deemed to be
notification to the Contractor.
(4) While the Services are being performed the Contractor Representative or his nominated deputy
shall be readily available to discharge his responsibilities in accordance with the Contract.
(5) The Contractor Representative shall not be replaced except with the prior agreement of the
Contracting Authority to the choice of a successor.
9 The Responsibility of the Contractor to Inform Itself
The Contractor agrees that the Contractor has visited the Location before tendering and has satisfied
itself as to the nature of the Services, including but not limited to the supervision, Services and all labour,
materials and equipment required for the performance of Services and the correctness and sufficiency of
the rates and prices stated in the Contract Price. Any failure by the Contractor to take account of matters
which affect the Services shall not relieve the Contractor from its obligations under the Contract, nor
entitle it to claim against the Contracting Authority.
10 Responsibility of the Contractor to Inform the Contracting Authority
(1) The Contractor shall notify the Contracting Authority as soon as possible of all items which in the
opinion of the Contractor appear to be deficiencies, omissions, contradictions or ambiguities or
conflicts with applicable law in the Contract. The Authorised Officer will review these items and
issue the necessary instructions before the Contractor proceeds with any part of the Services
affected.
(2) The Contractor shall notify the Contracting Authority immediately whenever accidents or incidents
occur. The Contractor shall also notify the Contracting Authority of any other incidents arising out
of the performance of the Contract which might affect the interests or other operations of the
Contracting Authority, or others.
(3) The Contractor shall notify the Contracting Authority immediately of any impending or actual
stoppages of Services, industrial disputes or other matters affecting or likely to affect the
performance of the Contract or lead to a delay in the time schedule referred to in clause 18 hereof.
(4) In the event of the Contractor being unable to perform the Services or any part thereof, the
Contractor shall immediately inform the Authorised Officer giving details of the circumstances,
reasons and likely duration and action taken to rectify the situation. Nothing in this condition shall in
any way alter, modify, relieve or in any way vary the Contractor’s obligation to provide the Services.
(5) The Contractor shall keep the Contracting Authority fully informed of the progress of the Services.
[COUNTRY] – SOLID WASTE
SERVICE CONTRACT STANDARD BIDDING DOCUMENTS
Sample Contract
This document has been prepared for the purposes of the PPP IN INFRASTRUCTURE RESOURCE CENTER FOR
CONTRACTS, LAWS AND REGULATIONS (PPPIRC) website (www.worldbank.org/ppp). It is a sample document
FORREFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any legal materials on the
PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the World Bank Group or its
affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate for any given project,
and how the specific terms of the document should be adapted to fit the circumstances of that project.
10
11 Contractor’s Obligations
(1) During the Operating Period the Contractor shall perform the Services in accordance with the
Performance Specifications as set out in Schedule 1 and the Contract and with due care and
diligence.
(2) The Contractor shall comply with the Applicable Law and shall ensure that Contractor Staff and its
Subcontractors comply with the Applicable Law.
(3) Should the Contractor require any further instruction or information in connection with the
performance of the Services, the Contractor shall make a written request for the same to the
Authorised Officer.
(4) The Contractor shall at all times during the Contract period allow the Authorised Officer, and such
persons as may from time to time be nominated by the Authorised Officer, access to:
(a) All Locations for the purpose of inspecting work being performed pursuant to the provision of
the Services.
(b) All Locations for the purpose of inspecting records and documents in the possession of the
Contractor in connection with the provision of the Services.
(c) Materials, stores, and spare parts in order to ensure that such items comply with
manufacturers’ specifications and have been obtained from such suppliers as are specified in
the Specification.
(d) Any employee or agent or Subcontractor of the Contractor for the purpose of interviewing
him/her/them in connection with the carrying out of all or any part of the Services.
(e) Equipment used or proposed to be used in connection with the performance of the Services
for the purpose of ensuring that such Equipment meets the requirements of the Performance
Specification and relevant statutory requirements, including the Contractor Authority’s
Equipment.
(5) If the Contractor fails in the opinion of the Authorised Officer to provide the Services or any part
thereof with due care and diligence, or in accordance with the Performance Specifications, the
Contracting Authority may itself provide or may employ and pay other persons to provide the
Services or any part thereof and all costs incurred thereby may be deducted from any sums due or
to become due to the Contractor under the Contract, and shall be recoverable from the Contractor
by the Contracting Authority as a debt.
(6) The Contractor shall submit to the Contracting Authority the reports and documents specified in
Schedule 4 (Reporting Requirements) in the form, in the numbers and within the periods set forth in
Schedule 4.
(7) As between the Parties, the Contractor shall retain the copyright and other intellectual property
rights in all plans, drawings, specifications, designs, reports, and other documents and software
submitted by the Contractor in accordance with clause 11(6). The Contractor shall be deemed, by
signing this Contract, to give the Contracting Authority a non-terminable, transferable, non-
exclusive, royalty-free licence to copy, use and communicate such documents in connection with
the Services, including making and using modifications of them.
(8) The Contractor shall keep confidential and shall not, without the written consent of the Contracting
Authority, divulge to any third party any documents, data or other information arising directly or
indirectly from the performance of Services under the Contract, whether such information has been
