ECOWAS Tenders Code
prices shall specify the accounting obligations of the suppliers or the contractors as well as
the conditions governing the determination of the final price.
4. Contract prices can be fixed or adjustable in the following circumstances:
a) The Contract price is fixed when it cannot be modified during the execution of the
contract as a result of a change in economic circumstances. Fixed-price contracts are
only concluded when the foreseeable changes in the economy do not expose the
parties to unpredictable risks.
b) Price adjustment provisions shall be included in contracts which extend beyond
eighteen (18) months and are usually not necessary in simple contracts involving
delivery of goods or completion of works within eighteen months. Prices may be
adjusted by use of a prescribed formula which breaks down total price into
components that are adjusted by price indices specified for each component or
alternatively, on the basis of documentary evidence provided by the supplier or
contractor which shall be easily verifiable.
c) Conditions under which prices may be reviewed shall be determined for each type of
contract in the general administrative provisions applicable to contracts and detailed in
the special administrative provisions outlining conditions governing each contract, with
particular emphasis on the review formula, the start-off threshold, the neutralization
margin and all other special conditions.
d) Advances shall not be subject to review. Where advances are deducted from the sums
payable as progress payments or balances to the contractor, the price review clause shall
apply only to the amount outstanding from the initial cost after deduction of all advances.
Article 65: General and Special Conditions of Contract
1. Conditions of Contract govern the execution of the contract and include General and
Special Provisions.
a) General Conditions (GC) of Contract include administrative provisions applicable to a
category of contracts. Conditions of General Technical Provisions include technical
provisions applicable to the execution of works or supply of goods and services of the
same nature.
b) Special Conditions (SC) of Contract include administrative provisions specific to each
contract. Special Conditions of Technical Application include technical provisions
specific to the execution of works or supply of goods and services. The Special
Conditions of Contract identify the General Conditions of Contract that they
supplement or amend.
2. General Conditions of Contract shall include a provision requiring that the supplier,
contractor or service provider and their sub-contractors comply with legislative provisions
governing the environment and workers’ protection.
Article 66: Delivery and Acceptance
Prior to acceptance, procuring entities shall ensure that appropriate mechanisms and
procedures in the procurement manual are applied to ensure that goods, works and services
delivered are in accordance with the terms of the procurement contract.
Final
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