ECOWAS Tenders Code Article 77: Final Payment Final payment occurs when the contractor, supplier, service provider or the Consultant is paid the amounts due in respect of the execution of the contract including, the additional payment due to the sums retained as guarantee, where applicable, and in accordance with the provisions of Articles 68 and 70 of this Code, and after deduction of all advances or amounts due which have not been recovered by the procuring entity. This also takes into consideration final accounts at the end of the defects liability period and delivery of all goods, works and services under the contract. Article 78: Direct Payments to sub-contractors 1. The provisions set forth above are applicable to sub-contractors, agreed upon in writing prior to or after the signature of the contract whose conditions of payments have also been approved, provided the sub-contractors are entitled to direct payments. 2. Advances shall be payable, at their demand, directly to sub-contractors on a pro rata basis in accordance with their share of the contracted work and subject to the contractor having put up the guarantee in cases where the contract makes provisions for payment of a surety to guarantee such advance. 3. Payments to the sub-contractor are made upon submission of documentation certified by the contractor, supplier or service provider. As soon as these documents are received, the procuring entity gives notice to the sub-contractor of the payments which have been approved by the contractor, supplier or service provider. 4. If the contractor, supplier or service provider does not approve the sub-contractor’s payment request, the latter may appeal to the Contracting Authority, who notifies the contractor, supplier or service provider accordingly. The latter must promptly justify why it did not certify the sub-contractor’s performance, failing which the Contracting Authority will arrange for direct payment to the sub-contractor of the amount due. Chapter V: Pledging of the Contract Article 79: Modalities for Pledging of the Contract 1. Where a supplier, contractor or service provider wishes to pledge its contract, the Contracting Authority delivers to the latter a certified true copy of the original of the contract provided with reference to “single copy delivered in view of pledging the contract” bearing a signature of the concerned authority in due form as on the original. 2. A sub-contractor whose direct payment has been approved may cede or pledge all or part of his credits up to an amount which shall not exceed the monies directly payable to him. For this purpose, the sub-contractor shall receive a certified true copy of the original contract and where applicable, the additional agreement engaging him as directly paid sub-contractor. 3. The contract shall indicate the nature and amount of the services to be sub-contracted. This amount shall be deducted from the contract price in order to ascertain the maximum amount which may be pledged by the contractor. Final Page 36