PRESTEA SANKOFA GOLD LIMITED
TENDER DOCUMENT FOR THE
COMPLETE STRUCTURAL REBUILD, FABRICATION, INSTALLATION, AND FRONTAGE CIVIL WORKS ON CV1 TIPPING BIN, WALKWAY PLATFORMS, AND ACCESS SYSTEMS
FEBRUARY, 2026
Table of Contents
Introduction………………………………………………………………………………………………………………..
Invitation for Tenders………………………………………………………………………………………………….
Section I. Instructions to Tenderers 4
Table of Clauses 5
Instructions to Tenderers …………………………………………………………………………………………….
Section II. Forms of Tender, Qualification Information, Letter of Acceptance, and Agreement………………………………………………………………………………………………………..
Contractor’s Tender ……………………………………………………………………………………………
ATTACHMENTS TO THE TENDER ………………………………………………………………….
Attach. 1 Power of Attorney…………………………………………………………………………
Attach. 2 Tender Security…………………………………………………………………………….
Attach. 3 Price Schedules …………………………………………………………………………….
Attach. 4 Documentary Evidence of Tenderer’s Qualifications………………………… Attach. 5 Others:…………………………………………………………………………………………
- Work Programme and Schedule ………………………………………………………………..
- List of Subcontractors ………………………………………………………………………………
- Design Drawings, Calculations and Technical Alternatives………………………….. Qualification Information ……………………………………………………………………………………
Section III. Conditions of Contract ……………………………………………………………………………..
Table of Clauses…………………………………………………………………………………………………
Section IV. Contract Data …………………………………………………………………………………………..
Section V. Specifications……………………………………………………………………………………………..
Section VI. Drawings ………………………………………………………………………………………………….
Section VII. Bill of Quantities ……………………………………………………………………………………..
Section VIII. Security Forms ………………………………………………………………………………………
Annex A Form: Tender Security (Bank Guarantee) ……………………………………………….
Annex B Form (Alternative 2): Performance Bond………………………………………………..
Annex C Form: Bank Guarantee for Advance Payment………………………………………….
INVITATION FOR BIDS
Project Name: complete structural rebuild, fabrication, installation, and frontage civil works on CV 01 tipping bin, walkway platforms, and access systems
.
- Prestea Sankofa Gold Limited (PSGL) is seeking general Contractors for the construction and completion of works involved in the Construction of a complete structural, fabrication, installation, and frontage civil works on CV 01 tipping bin, walkway platforms and access systems at the mines site at Prestea in the Western region of Ghana.
- Prestea Sankofa Gold Limited hereby invites sealed Bids from Selected Contractors registered with its offices to bid for the intended works.
- A copy of the Bid documents may be obtained at PSGL or on the website; Interested Bidders may obtain further information at the same address.
- Completed Bids shall be deposited in a Tender Box at Prestea Sankofa Gold limited on or before 1:00 pm on Friday 13th February 2026. Bids shall be valid for a period of Sixty (60) days after the submission of the completed Bid Documents.
- Bids submitted after the expiry of the submission time will be rejected.
- The Bids received at the close of the Bid period will be immediately opened in the Presence of Bidders or their representatives who choose to attend.
Section 1 INSTRUCTION TO BIDDERS
Table of Clauses
- General ………………………………………………………………………………………………………………….
- Scope of Tender ………………………………………………………………………………………
- Source of Funds ………………………………………………………………………………………
- Eligible Tenderers ……………………………………………………………………………………
- Qualification of the Tenderer…………………………………………………………………….
- One Tender per Tenderer ………………………………………………………………………….
- Cost of Tender…………………………………………………………………………………………
- Site Visit…………………………………………………………………………………………………
- Tender Documents …………………………………………………………………………………………………
- Content of Tender Documents …………………………………………………………………..
- Clarification of Tender Documents ……………………………………………………………
- Amendment of Tender Documents …………………………………………………………….
- Preparation of Tenders…………………………………………………………………………………………..
- Language of Tender …………………………………………………………………………………
- Documents Comprising the Tender ……………………………………………………………
- Tender Prices ………………………………………………………………………………………….
- Currencies of Tender and Payment…………………………………………………………….
- Tender Validity ……………………………………………………………………………………….
- Tender Security……………………………………………………………………………………….
- Alternative Proposals by Tenderers ……………………………………………………………
- Format and Signing of Tender …………………………………………………………………..
- Submission of Tenders 13
- Sealing and Marking of Tenders 13
- Deadline for Sub-mission of Tenders 13
- Late Tenders 13
- Modification and Withdrawal of Tenders 13
- Tender Opening and Evaluation 14
- Tender Opening 14
- Process to Be Confidential 14
- Clarification of Tenders 14
- Examination of Tenders and Determination of Responsiveness 15
- Correction of Errors 15
- Currency for Tender Evaluation 16
- Evaluation and Comparison of Tenders 16
- Preference for Domestic Tenderers Error! Bookmark not defined.
- Award of Contract 17
- Award Criteria 17
- Employer’s Right to Accept any Tender and to Reject any or all Tenders 17
- Notification of Award and Signing of Agreement 17
- Performance Security 17
- Advance Payment and Security 18
- Adjudicator 18
- Tender Data…………………………………………………………………………………………………………..
Section I. Instruction to Bidders
- GENERAL
| 1 | Scope of Bid | 1.1 | The Employer, as named in the Agreement form, invites Bids for the construction and completion of Works involved in the construction of complete structural rebuild, fabrication, installation, and frontage civil works on CV 01 tipping bin, walkway platforms, and access systems at Prestea Sankofa Gold Mine and as summarized in the Tender Data Sheet (TDS). |
| 1.2 | The successful Bidder will be expected to complete the Works within Six (6) calendar weeks as stated in the Appendix section of the Agreement, hereinafter referred to as the Appendix. The Time for Completion of the works shall be Calculated from the Commencement Date. | ||
| 1.3 | Throughout the Bid Document, the term “writing” means any hand-written, type-written, or printed communication, including telex, cable and facsimile transmission. “Day” means calendar day and “Week” calendar week. Singular also means plural. The word “Bid” is synonymous to “Tender” and “Bid documents” synonymous to “Tender documents”. Employer is synonymous to Client | ||
| 2 | Source of Funds | 2.1 | The Employer intends to apply part of its own internally generated funds in making payments under the Contract for which these Bid Documents are issued. |
| 2.2 | Payment for work done will be subject to a recommendation of valued work from PSGL’s Technical Team | ||
| 3 | Fraud and Corruption | 3.1 | The attention of the Bidder is drawn to the regulations of the Republic of Ghana on the prevention of fraud and corruption, and to Sub-Clause 12.2 of the General Conditions of Contract (Section IV) which shall apply also to any Bidder. |
| 4. | Eligibility | 4.1 | Only Bidders registered with PSGL shall participate in this Bid.Rates inserted against any work item shall be the all-in rate and shall be quoted only in Ghana Cedis . |
| 5 | Qualification of the Bidder | 5.1 | Bidders shall include the following information and documents with their Bids unless otherwise stated in the Tender Data Sheet (TDS): | |
| (a) | General Information: copies of documents defining the constitution or legal status, place of registration, and principal place of business; written power of attorney of the signatory of the Bid to commit the Bidding company; | |||
| (b) | Particular Construction Experience Record: experience on works of a similar nature and complexity over the last three (3) years, and details of work under way or contractually committed and addresses of clients who may be contacted for further information on those contracts; | |||
| (c) | Equipment Capabilities: major items of construction equipment proposed to carry out the Contract; | |||
| (d) | Personnel Capabilities: Key site management and technical personnel proposed for the Contract. | |||
| (e) | Financial Capabilities: reports on the financial standing of the Bidder, such as profit and loss statements. | |||
| (f) | Evidence of adequacy of cash flow: for this Contract access to line(s) of credit and/or availability of other financial resources; | |||
| (g) | Authority to seek references: the Bidder shall include an authorization note enabling the Client to check on financial information submitted from the Bidder’s bankers; | |||
| 5.2 | After evaluation of all responsive Bids, and prior to award of the Contract, the successful Bidder shall meet the following qualifying criteria: | |||
| (a) | Average annual turnover of construction work in the last three years greater than the amount specified in the Tender DataSheet (TDS); | |||
| (b) | Experience in the construction of works of a nature and complexity similar to the Works of not less than the number of projects specified in the TDS, in the last three years; | |||
| (c) | Availability of the essential equipment listed in the TDS or alternative equipment proposed by the Bidder and proposals for its timely acquisition (own, lease, hire, rental, loan, etc.); | |||
| (d) | Suitable key site management and technical personnel to fill the positions, qualifications and experience requirements specified in the TDS; | |||
| (e) | A sound financial position for the past three years as confirmed by audited balance sheets or other financial statements acceptable to the Employer; | |||
| (f) | Liquid assets and/or credit facilities (net of other contractual commitments and exclusive of any advance payments which may be made under the Contract), for not less than the amount specified in the TDS. | |||
| 6. | One Bid Per Bidder | 6.1 | A firm shall submit only one (1) Bid either individually or as a partner of a joint venture. A firm which submits or participates as a Bidder in more than one (1) Bid will be automatically disqualified. | |
| 7. | Cost of Bid | 7.1 | The Bidder shall bear all costs associated with the preparation and submission of its Bid and the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bid process. | |
| 8 | Site Visit by Bidders | 8.1 | The Bidders, at their own responsibility and risk, are encouraged to visit and examine the Site and its surroundings, where the Works are to be executed, to obtain all information that may be necessary for preparing the Bid and entering into a contract for the construction of the Works. | |
- BID DOCUMENTS
| 9. | Content of the Bid Document | 9.1 | The Bid Documents are those stated below and should be read in conjunction with any Addenda issued in accordance with Clause 11: | |
| (a) | Invitation for Bids | |||
| (b) | Instruction to Bidders (Section I) | |||
| (c) | Tender Data Sheet (Section II) | |||
| (d) | All the documents listed in the Appendix to this Document (Section III) | |||
| (e) | Any other documents listed in the TDS as forming part of the Bid Documents. | |||
| 9.2 | The “Invitation for Bids” is included as a reference only. In case of discrepancies between the Invitation for Bids and the Bid Documents listed in the preceding sub-clause, the said documents will take precedence. | |||
| 10. | Clarification of Bid Documents | 10.1 | A prospective Bidder requiring any clarification of the Tender Documents shall contact the Employer in writing at the Employer’s address indicated in the TDS. The Employer will respond in writing to any request for clarification received no later than two (2) calendar days prior to the deadline for submission of Bids. Copies of the Employer’s response shall be forwarded to all participants of Bidding, including a description of the inquiry, but without identifying its source. | |
| 11. | Amendment of Bid Documents | 11.1 | At any time prior to the deadline for submission of Bids, theEmployer may amend the Bid Documents by issuing an Addendum. | |
| 11.2 | Any Addendum thus issued shall be part of the Bid Documents and shall be communicated in writing to all participants of the Bidding | |||
| 11.3 | To give prospective Bidders reasonable time in which to take the amendment into account, in preparing their Tenders, the Employer may extend the deadline for submission of Bids. | |||
- PREPARATION OF BIDS
| 12. | Language of The Bid | 12.1 | The Bids as well as all correspondence and documents relating to the Bid, exchanged by the Bidder and the Employer, shall be written inthe English language. |
| 13. | Documents Comprisingthe Bid | 13.1 | The Bid submitted by the Bidder shall comprise the original and one copy of the following: | |
| (a) | Duly filled-in Bid pages; | |||
| (b) | Priced Bill of Quantities or Prices of Schedule of Activities; | |||
| (c) | Alternative offers, at the Bidder’s option where invited; | |||
| (d) | Written power of attorney authorizing the signatory of the Bid to commit the Bidder; | |||
| (e) | Information on qualification of the Bidder; | |||
| (f) | Any additional information required to be completed and submitted by Bidders as specified in the TDS. | |||
| 14. | Bid Prices | 14.1 | The Contract shall be for the whole Works, summarized in the TDS, and based on the priced Bill of Quantities or priced Schedule of Activities submitted by the Bidder. | |
| 14.2 | The attention of the Bidder is drawn to Sub-Clauses 11.1.1 and 11.7 of the Particular Conditions (Section IV) on taxation and currency respectively. | |||
| 14.3 | The Contract does not include a price adjustment clause and, rates and amounts quoted by the Bidder shall be firm for the duration of the Contract. | |||
| 15. | Currency of Bids and Payments | 15.1 | Prices shall be quoted by the Bidder entirely in Ghana Cedis. Payments shall be made wholly in Ghana Cedis a week after submission of invoices/statements. | |
| 16. | Period of Validity of Bids | 16.1 | Bids shall remain valid for the period stipulated in the TDS after the date of Bid submission specified in Sub-Clause 20.1. A Bid, valid for a shorter period shall be rejected outright by the Employer as non- responsive. | |
| 16.2 | In exceptional circumstances, prior to expiry of the period of validity of Bids, the Employer may request that the Bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing. A Bidder may refuse the request. A Bidder, agreeing to the request, will not be required orpermitted to modify its Bid. |
| 17. | Alternative Proposals by Bidders | 17.1 | Bidders shall submit Bids that comply with the requirements of the Bid Documents, including the basic technical design as indicated in the Drawings and Specification. Alternatives will not be considered, unless specifically allowed in the TDS. |
| 18. | Format and Signing of Bids | 18.1 | The Bidder shall prepare one (1) original of the documents comprising the Bid as described in Clause 13 and clearly marked “ORIGINAL”. In addition, the Bidder shall submit one (1) copy of the priced pages, clearly marked as “COPY”. In the event of discrepancy between them, the original shall prevail. |
| 18.2 | The original and the copy of the Bid shall be typed or written in indelible ink and shall be signed by the person or persons duly authorized to sign on behalf of the Bidder. All pages of the Bid shall be numbered sequentially and initialed by the person or persons signing the Bid. | ||
| 18.3 | Bids shall be submitted strictly in accordance with the Bid Documents. Any amendments or qualifications made by the Bidder, except those to comply with instructions issued by the Employer; may result in rejection of the Bid. | ||
| 19 | Bid security | 19.1 | A Bidder may provide a Bid Securing Declaration, a cheque certified by a bank, a banker’s draft or a Bid guarantee in local currency in the amount and currency specified in the Bid Data Sheet.Any Bid not accompanied by an acceptable Bid Security will be out rightly rejected by the Employer and the Bid documents returned to the affected Bidder. |
| 19.2 | The Bid Security of the Bidders will be discharged and returned to the Bidders within five (5) days after the Contract has been signed. The Bid Security of the successful Bidder will be discharged upon thesigning of the contracts |
D. Submission of Bids
| 20. Sealing andMarking of Bids | 20.1 The Bidder shall seal all original Bid documents in one envelope and mark it “ORIGINAL”, The copy of the completed Bid document and required qualification information shall be enclosed in another envelope and marked “COPY”. Each of these envelopesshall bear the address of the Bidder to enable the Bid to be returned |
| unopened in case it is declared late, pursuant to Clause 22. The two sealed envelopes shall be enclosed in a third or outer envelope.20.2 The outer envelope shallbe addressed to the Employer at the address provided in the Bid Data;bear the name and identification number of the Bid as defined in the Bid and Contract Data; andprovide a warning not to open before the specified time and date for Tender opening as defined in the Bid Data. 20.3 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the Bid. | |
| 21. Deadline for Sub-mission of Bids | Bids shall be delivered to the Employer at the address specified above no later than the time and date specified in the Bid Data.The Employer may extend the deadline for submission of Bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will then be subject to the new deadline. |
| 22. Late Bids | 22.1 Any Bid received by the Employer after the deadline prescribed in Clause 21 will be returned unopened to the Bidder. |
| 23. Modification and Withdrawal of Bids | Bidders may modify or withdraw their Bids by giving notice in writing before the deadline prescribed in Clause 21.Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 18 and 20, with the outer and inner envelopes additionally marked “MODIFICATION” or “WITHDRAWAL,” asappropriate. No Bid may be modified after the deadline for submission of Tenders.Withdrawal of a Bid between the deadline for submission of Bids and the expiration of the period of Bid validity specified in the Bid Data or as extended pursuant to Sub-Clause 15.2 may result in the forfeiture of the Bid Security. |
23.5 Bidders may only offer discounts to, or otherwise modify the prices of their Bids by submitting Bid modifications in accordance with this clause, or included in the original Bid submission.
E. Bid Opening and Evaluation
| 24. Bid Opening | The Employer will open the Bids, including modifications made pursuant to Clause 23, in the presence of the Bidders’ representatives who choose to attend at the time and in the place specified in the Bid Data.Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenders for which an acceptable notice of withdrawal has been submitted pursuant to Clause 23 shall not be opened. 23.3 The Bidders’ names, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, the presence or absence of Bid Security, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. 23.4 The Employer will prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub- Clause 24.3. |
| 25. Process to Be Confidential | 25.1 Information relating to the examination, clarification, evaluation, and comparison of Tenders and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer’s processing of Bids or award decisions may result in the rejection of his Bid. |
| 26. Clarification of Bids | 26.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the Employer’s discretion, ask any Bidder for clarification of the Bidder’s Bid, including breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, telex, facsimile, or email but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to confirm the correction of arithmetic errorsdiscovered by the Employer in the evaluation of the Bids in accordance with Clause 28. |
| 27. Examination of Bids and Determination of Responsiveness | Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the Bid documents.A substantially responsive Bid is one, which conforms to all the terms, conditions, and specifications of the Bid documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the Works; (b) which limits in any substantial way, inconsistent with the Bid documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. If a Bid is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. |
| 28. Correction of Errors | Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the Bidder. If the Bidder does not accept the corrected amount, the Bid will be rejected, and the Bid Security may be forfeited. |
| 29. Currency for Bid Evaluation | 29.1 Bids will be evaluated as quoted in the currency of the Ghana Cedis |
F. Award of Contract
| 31. Award Criteria | 31.1 Subject to Clause 31, the Employer will award the Contract to the Bidder whose Bid has been determined to be substantially responsive to the Bid documents and who has offered the lowest evaluated Bid price, provided that such Bidder’s has been determined to be (a) eligible in accordance with the provisions of |
| Clause 3, and (b) qualified in accordance with the provisions of Clause 4. | |
| 32. Employer’s Right to Accept any Bid and to Reject any or all Bids | 32.1 Notwithstanding Clause 30, the Employer reserves the right to accept or reject any Bid, and to cancel the Bid process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer’s action. |
| 33. Notification of Award andSigning of Agreement | The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to expiration of the Bid validity period by cable, telex, email or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of the execution, completion, and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”). The notification of award will constitute the formation of the Contract, subject to the Bidder furnishing the Performance Bond in accordance with Clause 33 and signing the Agreement in accordance with Sub-Clause 32.3. The Agreement will incorporate all agreements between the Employer and the successful Bidder. It will be signed by the Employer and sent to the successful Bidder, within five (5) days following the notification of award along with the Letter of Acceptance. Within five (5) days of receipt, the successful Bidder will sign the Agreement and deliver it to the Employer. Upon the furnishing by the successful Bidder of the Performance Bond, the Employer will promptly notify the other Bidders that their Bids have been unsuccessful. |
| 34. Performance Security | Within five (5) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to the Employer a Performance Bond in the amount stipulated in the Contract Data and in the form (Bond) stipulated in the Bid Data.The Performance Bond shall be provided by a bonding house acceptable to the Employer. |
| 34.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 33.1 shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid Security. | |
| 35. Advance Payment and Security | 35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in the Conditions of Contract, subject to a maximum amount, as stated in the Bid Data. |
| 36. Adjudicator | 36.1 The Employer proposes the person named in the Bid Data to be appointed as Adjudicator under the Contract, at an hourly fee specified in the Bid Data, plus reimbursable expenses. If the bidder disagrees with this proposal, the Bidder should so state in the Bid. If, in the Letter of Acceptance, the Employer has not agreed on the appointment of the Adjudicator, the Adjudicator shall be appointed by the Appointing Authority designated in theContract Data at the request of either party. |
| 1. 37. Corrupt or Fraudulent Practices | Bidders, shall adhere to highest ethical standards, both during the Bidding process and throughout the execution of the contract. The list of definitions set forth below involves the most common types of corrupt practices, but is not exhaustive. For this reason, the Employer will also consider claims of similar nature involving alleged acts of corruption, in accordance with the established procedure.“Bribery” means the act of unduly offering, giving, receiving or soliciting anything of value to influence the process of procuring goods or services, selecting consultants, or executing contracts.“Extortion” or “Coercion” means the act attempting to influence the process of procuring goods or services, selecting consultants, or executing contracts by means of threats of injury to person, property or reputation.“Fraud” means the misrepresentation of information or facts for the purpose of influencing the process of procuring goods or services, selecting consultants, or executing contracts, to the detriment of the Employer/Bidder or other parties.“Collusion” is an agreement between Bidders designed to result in Bids at artificial prices that are not competitive. If, in accordance with the administrative procedures of the Employer, Public Procurement Board, it is demonstrated that anyone acting on his or her behalf, and/or a Bidder in the Bid |
process or during the execution of the contract has committed corrupt practices, the Employer will:
- reject a proposal to award a contract and/or
- declare a firm and/or its personnel directly involved in corrupt practices, temporarily or permanently ineligible to be awarded future contracts financed from the funds of the Employer.
37.3 The Bidder shall disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents with respect to the Bidding process or execution of the contract. The information disclosed must include at the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee. The information must be included in the Tender Submission Sheet.
37.4 Any communications between the Bidder and the Employer related to matters of alleged fraud or corruption must be made in writing
Section II. BID DATA SHEET
BID DATA SHEET
- GENERAL
| 1.1, 14.1 | Summary of Works | Complete structural rebuild, fabrication, installation, and civil works on CV 01 tipping bin, walkway platforms, an systems. |
| Name of Contract | Complete structural rebuild, fabrication, installation, and frontage civil works on CV 01 tipping bin, walkway platforms, and access systems | |
| Identification number of the | ||
| Contract | ……………………… | |
| 5.1 | Qualification of the Bidder; | As per Instructions to Bidders Clause 5.1 |
| 5.2 | Qualifying criteria for | |
| Bidders: | ||
| (a) number of projects of | ||
| nature and complexity | ||
| similar to the Works, | One (1) | |
| executed within the last | ||
| Two years | ||
| (b) positions and experience Key Site manager | BSc. or HND in Building Technology/Civil Engineering | |
| (c) Bid Security | Bid Securing Declaration or Bond for 2% of Contract Pr |
ice
- BIDDING DOCUMENTS
| 9.1(d) | Additional documents forming Part of the Bid Documents | Valid Certificates from SSNIT, Works and Housing higher), mining Support Services Operating Licens Minerals Commission, Labour, ISO certification |
| 10.1 | Employer’s address for the | Prestea Sankofa Gold Limited |
| purpose of clarification of BID | ||
| Documents | Managing Director’s Office |
- PREPARATION OF BIDS
| 16.1 | Period of validity of Bids | Seven (7) days after submission of Bids |
| 17.1 | Consideration of alternative | Not Applicable |
| Proposals |
- SUBMISSION OF BIDS
| 19.2 | Employer’s address for the | Prestea Sankofa Limited |
| Purpose of Bid submission | Main office | |
| 20.1 | Deadline for submission of | Time: 1:00 pm |
| Tenders | ||
| Date: Friday 13th February 2026 |
- BID OPENING AND EVALUATION
| 23.1 | Venue, time, and date of Bid | Prestea Sankofa Gold Limited Main office |
| Opening | Immediately after close of submission |
- AWARD OF CONTRACT
| 34.1 | Performance Bond Amount | 1% of Contract sum |
Section III
GENERAL CONDITIONS OF CONTRACT
| CONTENTS | Page | |||
| Agreement … | … | … | … | 21 |
| Offer … | … | … | … | 21 |
| Acceptance … | … | … | … | 21 |
| Appendix … | … | … | … | 22 |
| 1.0 GENERAL PROVISIONS | … | … | … | 24 |
Definitions:
| 1.1.1 | The Contract | … | … | … | 24 | |
| 1.1.2 | Specifications | … | … | … | 24 | |
| 1.1.3 | Drawings | … | … | … | 24 | |
| 1.1.4 | Employer | … | … | … | 24 | |
| 1.1.5 | Contractor | … | … | … | 24 | |
| 1.1.6 | Party | … | … | … | 24 | |
| 1.1.7 | Commencement Date | … | … | … | 24 | |
| 1.1.8 | Day | … | … | … | 24 | |
| 1.1.9 | Time for completion | … | … | … | 24 | |
| 1.1.10 | Cost … | … | … | … | 24 | |
| 1.1.11 Contractor’s Equipment | … | … | 24 | |||
| 1.1.12 Country… … | … | … | 25 | |||
| 1.1.13 Employers’ Liabilities… | … | … | 25 | |||
| 1.1.14 Force Majure … | … | … | 25 | |||
| 1.1.15 Materials … | … | … | 25 | |||
| 1.1.16 Plant … … | … | … | 25 | |||
| 1.1.17 Site … … | … | … | 25 | |||
| 1.1.18 Variations … | … | … | 25 | |||
| 1.1.19 Works … | … | … | 25 | |||
| 1.1.20 Contract Price … | … | … | 25 | |||
| 1.2 Interpretation … | … | … | 25 | |||
| 1.3 Priority of Documents … | … | … | 25 | |||
| 1.4 Law … … | … | … | 25 | |||
| 1.5 Communications … | … | … | 26 | |||
| 1.6 Statutory Obligations … | … | … | 26 | |||
| 1.7 Provision of Site … | … | … | 26 | |||
| 1.8 Permits and Licenses … | … | … | 26 | |||
| 1.9 Employer’s Instructions … | … | … | 26 | |||
| 1.9.1 Approvals … | … | … | 26 | |||
| 2.0 | EMPLOYER’S REPRESENTATIVE | … | … | 26 | ||
| 2.1 Employer’s Representative | … | … | 26 | |||
| 3.0 | THE CONTRACTOR … | … | … | 26 | |||
| 3.1 General Obligations … | … | … | 26 | ||||
| Contractor’s Representative … | … | … | 26 | ||||
| 3.3 Sub-contracting … | … | … | 26 | ||||
| 3.4 Performance Bond … | … | … | 26 | ||||
| 4.0 | EMPLOYER’S LIABILITIES … | … | … | Page27 | |||
| 4.1 Employer’s Liabilities … | … | … | 27 | ||||
| 5.0 | TIME FOR COMPLETION … | … | … | 28 | |||
| 5.1 Execution of the Works … | … | … | 28 | ||||
| 5.2 Programme … | … | … | 28 | ||||
| 5.3 Extension of Time … | … | … | 28 | ||||
| 5.4 Late Completion … | … | … | 28 | ||||
| 6.0 | TAKING OVER … | … | … | 28 | |||
| 6.1 | Completion … | … | … | … | 28 | ||
| 6.2 Taking over Notice … | … | … | 28 | ||||
| 7.0 | REMEDYING DEFECTS … | … | … | 29 | |||
| 7.1 Remedying Defects … | … | … | 29 | ||||
| 7.2 Uncovering and Testing … | … | … | 29 | ||||
| 8.0 | VARIATIONS AND CLAIMS … | … | … | 30 | |||
| 8.1 Right to vary … | … | … | 30 | ||||
| 8.2 Valuation of variations … | … | … | 30 | ||||
| 8.3 Early Warning … | … | … | 30 | ||||
| 8.4 Right to Claim … | … | … | 30 | ||||
| 8.5 Variation and Claim Procedure | … | … | 30 | ||||
| 9.0 | CONTRACT PRICE AND PAYMENT | … | … | 31 | |||
| 9.1 Contract Price … | … | … | 31 | ||||
| 9.2 Contract Price Adjustment | … | … | 31 | ||||
| 9.3 Valuation of the Works … | … | … | 31 | ||||
| 9.4 Monthly Payment … | … | … | 31 | ||||
| 9.5 Interim Payment … | … | … | 31 | ||||
| 9.6 Payment of first Half Retention | … | … | 31 | ||||
| 9.7 Payment of Second Half Retention | … | … | 31 | ||||
| 9.8 Final Payment … | … | … | 32 | ||||
| 9.9 Currency … … | … | … | 32 | ||||
| 9.10 Delayed … … | … | … | 32 | ||||
| 10.0 | DEFAULT … … | … | … | 32 | |||
| 10.1 Default by Contractor … | … | … | 32 | ||||
| 10.2 Corrupt or Fraudulent Practices | … | … | 32 | ||||
| 10.3 Default by Employer | … | … | … | 33 | |||
| 10.4 Insolvency… | … | … | … | 33 | |||
| Payment upon Termination | … | … | … | 33 | |||
| 11.0 | RISK AND RESPONSIBILITY… | … | … | 34 | |||
| 11.1 Contractor’s care of the Works | … | … | 34 | ||||
| 11.2 Force Majure … | … | … | 34 | ||||
| 12.0 | INSURANCE | … | … | … | … | 35 | |
| 12.1 Extent of Cover | … | … | … | 35 | |||
| 12.2 Arrangements | … | … | … | 35 | |||
| 12.3 Failure to Insure | … | … | … | 35 | |||
| 13.0 | RESOLUTION OF DISPUTES… | … | … | 36 | |||
| 13.1 Adjudication | … | … | … | 36 | |||
| 13.2 Notice of Dissatisfaction | … | … | … | 36 | |||
| 13.3 Arbitration | … | … | … | 36 | |||
| INDEX | … | … | … | … | … | 37-38 | |
| Rules of Adjudication … | … | … | … | 39 | |||
| General Conditions of Contract and Preliminaries | … | … | 108-126 | ||||
AGREEMENT
The Employer is Prestea Sankofa Gold Limited
The Contract is the COMPLETE STRUCTURAL REBUILD, FABRICATION, INSTALLATION, AND FRONTAGE CIVIL WORKS ON CV 01 TIPPING BIN, WALKWAY PLATFORMS, AND ACCESS SYSTEMS
The Employer desires the complete structural rebuild, fabrication, installation, and frontage civil works on CV 01 tipping bin, walkway platforms, and access systems at the Mine site at Prestea in the Western Region of Ghana.
OFFER
The Contractor has examined the documents listed in the Appendix which forms part of this Agreement and offers to execute the Works in conformity with the Contract for the sum of (in words)
(in figures) or such other sum as may be ascertained under the Contract.
This offer, of which the Contractor has submitted two signed originals, may be accepted by the Employer by signing and returning one original of this document to the Contractor before
(date)
The Contractor understands that the Employer is not bound to accept the lowest or any offer received for the Works.
Signature Date
Name Capacity (Authorized to sign on behalf of Contractor)
ACCEPTANCE
The Employer, has by signing below, accepted the Contractor’s Bid and agrees that in consideration for the execution of the Works by the Contractor, the Employer shall pay the Contractor in accordance with the Contract. This Agreement comes into effect on the date when the Contractor receives one original of this document signed by the Employer.
Signature Date
Name: Capacity (Authorized to sign on behalf of Employer)
Appendix
This Appendix forms part of the Agreement
[Note: with the exception of the items for which the Employer’s requirements have been inserted, the Contractor shall complete the following information before submitting his offer]
Item Sub-Clause Date
| Documents forming the Contract Listed in the order of priority | 1.1.1. | ||
| Document (delete if not Applicable) | Document Identification | ||
| (a) | The Agreement ………….. | ||
| (b) | Particular Conditions ……. | ||
| (c) | General Conditions ……. | ||
| (d) | The Specification …….. | ||
| (e) | The Drawings …….. | ||
| (f) | The bill of quantities ….. | ||
| Time for Completion | 1.1.9 | Six (6) weeks | |
| Law of the Contract | 1.4 | Law of Ghana | |
| Language ………. ………… | 1.5 | English | |
| Provision of Site | 2.1 | ||
| Name and address of Employer’s | |||
| representative (if known) | 3.2 | ||
| Performance security | 1% of Contract Price | ||
| Percentage of retention ………. | 11.3 | 5% | |
| Insurances ……… | 14.1 | 0.25% of Contract Price | |
| Arbitration Rules | ……..………. | GoG Arbitration Rules | |
| Appointing authority ….. | ……..……… | President of the Ghana | |
General Provisions
| 1.1Definitions | In the Contract as defined below the words and expressions defined shall have the following meanings assigned to them except where the context requires otherwise: | |
| The Contract | 1.1.1 | “Contract” means the Agreement and the other documents listed in the Appendix. |
| 1.1.2 | “Specification” means the document as listed in the Appendix, including Employer’s requirement in respect of the works to be carried out by the Contractor and any Variation to such document. | |
| 1.1.3 | “Drawings” means the Employer’s drawings of the Works as supplied by the Employer and any Variation to such drawings. | |
| Persons | 1.1.4 | “Employer” means the person named in the Agreement and the legal successors in the title to this person, but not (except with the consent of the Contractor) any assignee. |
| 1.1.5 | “Contractor” means the person named in the Agreement and the legal successors in title to this person, but not (except with the consent of the Employer) any assignee. | |
| 1.1.6 | “Party” means either the Employer or the Contractor. | |
| Dates, Times And Periods | 1.1.7 | “Commencement Date” means the date 14 days after the date of Agreement comes into effect or any other date agreed between the Parties. |
| 1.1.8 | “day” means a calendar day. | |
| 1.1.9 | “Time for Completion” means the time for completing the Works as stated in the Appendix (or as extended under Sub-Clause 7.3), calculated from the Commencement Date. | |
| Money and Payments | 1.1.10 | “Cost” means all expenditure properly incurred (or to be incurred) by the Contractor, whether on or off the Site, including overheads and similar charges, but does not include profit. |
| Other Definitions | 1.1.11 | “Contractor’s Equipment” means all apparatus, machinery, vehicles, facilities and other things required for the execution of the Works but doesnot include Materials or Plant. |
| 1.1.12 | “Country” means the country in which the Site is located. | |
| 1.1.13 | “Employer’s Liabilities” means those matters listed in Sub-Clause 6.1 | |
| 1.1.14 | “Force Majuere” means an exceptional event or circumstance; which is beyond a Party’s control; which such Party could not reasonably have provided against before entering into the Contract; which, having arisen, such Party could not reasonably have avoided or overcome; and, which is not substantially attributable to the other Party. | |
| 1.1.15 | “Materials” means things of all kinds (other than Plant) intended to form or forming part of the permanent work. | |
| 1.1.16 | “Plant” means the machinery and apparatus intended to form or forming part of the permanent work | |
| 1.1.17 | “Site” means the places provided by the Employer where the Works are to be executed, and any other places specified in the Contract as forming part of the Site. | |
| 1.1.18 | “Variation” means a change to the Specification and/or Drawings (if any) which is instructed by the Employer under Sub-Clause 10.1. | |
| 1.1.19 | “Works” means all the work and design (if any) to be performed by the Contractor including temporary work and any Variation. | |
| 1.1.20 | “Contract Price” means the price stated in the Acceptance Column of the Agreement Form pursuant to Clause 10.3 of the General Conditions of Contract. | |
| 1.2Interpretation | Words importing persons or parties shall include firms and organizations. Words importing singular or one gender shall include plural or the other gender where the context requires. | |
| 1.3Priority of Documents | The documents forming the Contract are to be taken as mutually explanatory of one another. If an ambiguity or discrepancy is found in the documents, the Employer shall issue any necessary instructions to the Contractor, and the priority of the documents shall be in accordance with the order as listed in the Appendix. | |
| 1.4Law | The law of the Contract is that of the Government of Ghana. | |
| 1.5Communications | Whenever provision is made for the giving or issue of any notice, instruction, or other communication by any person, unless otherwise specified such communication shall be written in the language stated in the Appendix and shall not be unreasonably withheld or delayed. |
| 1.6Statutory Obligations | The Contractor shall comply with the laws of the countries where activities are performed. The Contractor shall give all notices and pay all fees and other charges in respect of the Works. |
| 1.7Provision of Site | The Employer shall provide the Site and right of access thereto at times stated in the Appendix. |
| 1.8Permits and Licenses | The Employer shall, if requested by the Contractor, assist him in applying for permits, licenses or approvals which are required for the Works. |
| 1.9Employer’s Instructions | The Contractor shall comply with all instructions given by the Employer in respect of the Works including the suspension of all or part of the Works. |
| 1.9.1Approvals | No approval or consent or absence of comment by the Employer or the Employer’s representative shall affect the Contractor’s obligations. |
| 2.0 Employer’s Representatives | |
| 2.1Employer’s Representative | The Employer’s representative shall have authority to act for him. This authorized person shall be as stated in the Appendix, or as otherwise notified by the Employer to the Contractor |
| 3.0 The Contractor | |
| 3.1General Obligations | The Contractor shall carry out the Works properly and in accordance with the Contract. The Contractor shall provide all supervision, labour, Materials, Plant and Contractor’s Equipment which may be required. All Materials and Plant on Site shall be deemed to be the property of the Employer. |
| 3.2Contractor’s Representative | The Contractor shall submit to the Employer for consent the name and particulars of the person authorized to receive instructions and act on behalf of the Contractor. |
| 3.3Subcontracting | The Contractor shall not subcontract the whole of the Works or any part of the Works without the consent of the Employer. |
| 3.4Performance Bond | The Contractor shall deliver to the Employer within 14 days of the Commencement Date a performance bond and form in the amount indicated in the Appendix from a bonding agency approved by the Employer. | |
| 4.0 Employer’s Liabilities | ||
| 4.1Employer’s Liabilities | ||
| In this Contract, Employer’s Liabilities mean: | ||
| a) | war, hostilities (whether war be declared or not), invasion, act of foreign enemies, within the Country. | |
| b) | rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war, within the Country. | |
| c) | riot, commotion or disorder by persons other than the Contractor’s personnel and other employees, affecting the Site and/or the Works, |
| d) | ionizing radiations, or contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such an assembly, except to the extent to which the Contractor may be responsible for the use of any radio-active material, |
| e) | pressure waves caused by aircraft or other aerial devices traveling at sonic speeds, |
| f) | use or occupation by the Employer of any part of Works, except as may be specified in the Contract, |
| g) | design of any part of the Works by the Employer’s personnel or by others for whom the Employer is responsible, and |
| h) | any operation of the forces of nature affecting the Site and/or the Works, which was unforeseeable or against which an experienced contractor could not reasonably have been expected to take precautions. |
| i) | Force Majeure, |
| j) | a suspension under Sub-Clause 2.3 unless it is attributable to the Contractor’s failure, |
| k) | any failure of the Employer, |
| l) | physical obstructions or physical conditions other than climatic conditions, encountered on the Site during the performance of the Works, which obstructions or conditions were not reasonably foreseeable by an experienced contractor and which the Contractor immediately notified to the Employer |
| m) | any delay or disruption caused by any Variation, |
| n) | any change to the law of the Contract after the date of the Contractor’s offer as stated in the Agreement, |
| o) | losses arising out of the Employer’s right to have the permanent work executed on, over, under, in or through any land, and to occupy this land for the permanent work, and |
| p) | Damage which is an unavoidable result of the Contractor’s obligations to execute the Works and to remedy any defects | |
| 5.0 Time for Completion | ||
| 5.1Execution of the Works` | The Contractor shall commence the Works on the Commencement Date and shall proceed expeditiously and without delay and shall complete the Works within the Time for Completion. | |
| 5.2Programme | Within the time stated in the Appendix, the Contractor shall submit to the Employer a programme for the Works in the form stated in the Appendix. | |
| 5.3Extension of Time | Subject to Sub-Clause 10.3, the Contractor shall be entitled to an extension to the Time for Completion if he is or will be delayed by any of the Employer’s Liabilities. | |
| On receipt of an application from the Contractor, the Employer shall consider all supporting details provided by the Contractor and shall extend the Time for Completion as appropriate. | ||
| 5.4Late Completion | If the Contractor fails to complete the Works within the Time for Completion, the Contractor’s only liability to the Employer for such failure shall be to pay the amount stated in the Appendix for each day for which he fails to complete the Works. | |
| 6.0 Taking-Over | ||
| 6.1Completion | The Contractor may notify the Employer when he considers that the Works are complete. |
| 6.2Taking-Over Notice | The Employer shall notify the Contractor when he considers that the Contractor has completed the Works stating the date accordingly. Alternatively, the Employer may notify the Contractor that the Works, although not fully complete, are ready for taking over, stating the date accordingly. |
| The Employer shall take over the Works upon the issue of this notice. The Contractor shall promptly complete any outstanding work and, subject to Clause 9, clear the Site. |
| 7.0 Remedying Defects | |
| 7.1Remedying Defects | The Employer may at any time prior to the expiry of the period stated in the Appendix, notify the Contractor of any defects or outstanding work. The Contractor shall remedy at no cost to the Employer any defects due to the Contractor’s design, Materials, Plant or workmanship not being in accordance with the Contract. |
| The cost of remedying defects attributable to any other cause shall be valued as a Variation. Failure to remedy any defects or complete outstanding work within a reasonable time of the Employer’s notice shall entitle the Employer to carry out all necessary work at the Contractor’s cost. | |
| 7.2Uncovering and Testing | The Employer may give instruction as to the uncovering and/or testing of any work. Unless as a result of any uncovering and/or testing it is established that the Contractor’s design, Materials, Plant or workmanship are not in accordance withthe Contract, the Contractor shall be paid for such uncovering and/or testing as a Variation in accordance with Sub-Clause 10.2 |
- Variations and Claims
| 8.1Right to Vary | The Employer may instruct Variations | |
| 8.2Valuation of Variations | Variations shall be valued as follows: | |
| a) | at a lump sum price agreed between the Parties, or | |
| b) | where appropriate, at rates in the Contract, or | |
| c) | in the absence of appropriate rates, the rates in the Contract shall be used as the basis for valuation, or failing which | |
| d) | at appropriate new rates, as may be agreed or which the Employer considers | |
| e) | if the Employer so instructs, at Daywork rates set out in the Appendix for which the Contractor’s Equipment, and of Materials used. | |
| 8.3Early Warning | A Party shall notify the other as soon as he is aware of any circumstance which may delay or disrupt the Works, or which may give rise to a claim for additional payment. The Contractor shall take all reasonable steps to minimize these effects. | |
| The Contractor’s entitlement to extension to the Time for Completion or additional payment shall be limited to the time and payment which would have been due if he had given prompt notice and had taken all reasonable steps. | ||
| 8.4Right to Claim | If the Contractor incurs Cost as a result of any of the Employer’s Liabilities, the Contractor shall be entitled to the amount of such Cost. If as a result of any of the Employer’s Liabilities, it is necessary to change the Works, this shall be dealt with as a Variation. | |
| 8.5Variation and Claim Procedure | The Contractor shall submit to the Employer an itemized make-up of the value of Variations and claims within seven (7) days of the instruction or of the event giving rise to the claim. The Employer shall check and if possible, agree on the value. In the absence of agreement, the Employer shall determine the value. | |
- Contract Price and Payments
| 9.1Contract Price | The Contract Price shall not be subject to fluctuation |
| 9.2Contract Price Adjustment | Not Applicable |
| 9.3Valuation of the Works | The Works shall be valued on fortnightly basis, subject to Clause 10. |
| 9.4Payments | The Contractor shall be entitled to be paid not later than Five (5) days upon the issuance of the demand for payment: |
| The Contractor shall submit each week, to the Employer, a statement showing the amounts which he considers himself entitled and the programme for the remaining works. | |
| 9.5Interim Payments | Within Five (5) days of delivery of each statement, the Employer shall pay to the Contractor the amount shown in the Contractor’s statement less retention at the rate |
| stated in the Appendix, and less any amount for which the Employer has specified his reasons for disagreement. The Employer shall not be bound by any sum previously considered by him to be due to the Contractor. | |
| The Employer may withhold interim payments until he receives the Performance Bond under Sub-Clause 4.4 | |
| 9.6Payment of First Half Retention | One half of the retention shall be paid by the Employer to the Contractor within seven (7) days after issuing the notice under Sub-Clause 8.2 |
| 9.7Payment ofSecond Half of Retention | The remainder of the retention shall be paid by the Employer to the Contractor within 14 days after either the expiry of the period stated in the Appendix, or the remedying of notified defects or the completion of outstanding work, all as referredto in Sub-Clause 9.1, whichever is the later. |
| 9.8Final Payment | Within 30 days of the latest of the events listed in Sub-Clause 11.5 above, the Contractor shall submit a final account to the Employer together with any documentation reasonably required to enable the Employer to ascertain the final contract value. |
| Within fourteen (14) days after the submission of this final account, the Employer shall pay to the Contractor all amount due. If the Employer disagrees with any part of the Contractor’s final account, he shall specify his reasons for disagreement when making payment. | |
| 9.9Currency | Payment shall be in Ghana Cedis. |
| 9.10Delayed Payment | The Contractor shall be entitled to interest on delayed payment at the rate of 0.5% in excess of on-going Bank Lending rates for each day the Employer fails to pay beyond the prescribed payment period. |
| 10.0 Default | |
| 10.1Default by Contractor | If the Contractor abandons the Works, refuses or fails to comply with a valid instruction of the Employer or fails to proceed expeditiously and without delay, or is, despite a written complaint, in breach of the Contract, the Employer may give notice referring to this sub-Clause and stating the default. |
| If the Contractor has not taken all practicable steps to remedy the default within 7 days after the Contractor’s receipt of the employer’s notice, the Employer may by a second notice given within a further 7 days, terminate the Contract. The Contractor shall then demobilize from the Site leaving behind Plant and any Contractor’s Equipment which the Employer instructs in the second notice is to be used until the completion of the Works. |
| 10.2 Corrupt or Fraudulent Practices | If the Contractor engages in corrupt or fraudulent practices in the execution of the contract, the Employer may, after giving 7 days notice to the Contractor, terminate the Contract. | |
| For the purpose of this Sub-Clause, | ||
| “Corrupt Practice” means the offering, giving, receiving or soliciting of anything or value to influence the action of a public official in the procurement process or in Contract execution. | ||
| “Fraudulent Practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among Bidders (prior to or after the submission of Bids) designed to establish tender prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition”. | ||
| 10.3Default by Employer | If the Employer fails to pay in accordance with the Contract, or is, despite a written complaint, in breach of the Contract, the Contractor may give notice referring to this Sub-Clause and stating the default. If the default is not remedied within 7 days after the Employer’s receipt of this notice, the contractor may suspend the execution of all or parts of the Works. | |
| If the default is not remedied within 7 days after the Employer’s receipt of the Contractor’s notice, the Contractor may by a second notice given within a further 7 days, terminate the Contract. The Contractor shall then demobilize from the Site. | ||
| 10.4Insolvency | If a Party is declared insolvent under any applicable law, the other Party may by notice terminate the Contract immediately. The Contractor shall then demobilize from the Site leaving behind, in the case of the Contractor’s insolvency, any Contractor’s Equipment which the Employer instructs in the notice is to be used until the completion of the Works. | |
| 10.5Payment upon Termination | After termination, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following: | |
| a) | any sums to which the Contractor is entitled under Sub-Clause 10.4, | |
| b) | any sums to which the Employer is entitled, | |
| c) | if the Employer has terminated under Sub-Clause 12.1, 12.2 or 12.4, the Employer shall be entitled to a sum equivalent to 20% of the value of thoseparts of the Works not executed at the date of the termination, | |
| d) | if the Contractor has terminated under Sub-Clause 12.3 or 12.4, the Contractor shall be entitled to the Cost of his suspension and demobilization together with a sum equivalent to 10% of the value of those parts of the Worksnot executed at the date of termination. | |
The net balance due shall be paid or refunded within 28 days of the notice of termination.
- Risk and Responsibility
| 11.1Contractor’s Care Of the Works` | The Contractor shall take full responsibility for the care of the Works from the Commencement Date until the date of the Employer’s notice under Sub-Clause 8.2. Responsibility shall then pass to the Employer. If any loss or damage happens to the Works during the above period, the Contractor shall rectify such loss or damage so that the Works conform with the Contract. | |
| Unless the loss or damage happens as a result of an Employer’s Liability, the Contractor shall indemnify the Employer, the Employer’s contractors, agents and employees against all loss or damage happening to the Works and against all claims or expense arising out of the Works caused by a breach of the Contract, by negligence or by other default of the Contractor, his agents or employees. | ||
| 11.2Force Majeure | If a Party is or will be prevented from performing any of its obligations by Force Majeure, the Party affected shall notify the other Party immediately. If necessary, the Contractor shall suspend the execution of the Works and, to the extent agreed with the Employer, demobilize the Contractor’s Equipment. | |
| If the event continues for a period of 84 days, either Party may then give notice of termination which shall take effect 28 days after the giving of the notice. | ||
| After termination, the Contractor shall be entitled to payment of the unpaid balance of the value of the Works executed and of the Materials and Plant reasonably delivered to the Site, adjusted by the following: | ||
| a) | any sums to which the Contractor is entitled under Sub-Clause 10.4, | |
| b) | the Cost of his suspension and demobilization, | |
| c) | any sums to which the Employer is entitled. | |
| The net balance due shall be paid or refunded within 28 days of the notice of termination. | ||
- Insurance
| 12.1Extent of Cover | The Contractor shall, prior to commencing the Works, effect and thereaftermaintain | |
| Insurance in the joint names of the Parties | ||
| a) | for loss and damage to the Works, Materials, Plant and the Contractor’s Equipment, | |
| b) | for liability of both Parties for loss, damage, death or injury to third parties or their property arising out of the Contractor’s performance of the Contract,including the Contractor’s liability for damage to the Employer’s property other than the Works, and | |
| c) | for liability of both Parties and of any Employer’s representative for death or injury to the Contractor’s personnel except to the extent that liability arises from the negligence of the Employer, any Employer’s representative or their employees. | |
| 12.2Arrangements | All insurances shall conform to all requirements detailed in the Appendix. The policies shall be issued by Insurers and in terms approved by the Employer. The Contractor shall provide the Employer with evidence that any required policy is in force and that the premiums have been paid. | |
| All payments received from Insurers relating to loss or damage to the Works shall be held jointly by the Parties and used for the repair of the loss or damage or as compensation for loss or damage that is not to be repaired. | ||
| 12.3 Failure to Insure | If the Contractor fails to effect or keep in force any of the insurances referred to in the previous Sub-Clauses, or fails to provide satisfactory evidence, policies or receipts, the Employer may, without prejudice to any other right or remedy, effect Insurance for the cover relevant to such default and pay the premiums due and recover the same as a deduction from any other monies due to the Contractor | |
| 13.0 Resolution of Disputes | ||
| 13.1Adjudication | Unless settled amicably, any dispute or difference which arises between the Contractor and the Employer out of or in connection with the Contract, including any valuation or other decision of the Employer, shall be referred by either Party to adjudication in accordance with the attached Rules for Adjudication (“the Rules”). The adjudicator shall be any person agreed by the Parties. In the event of disagreement, the adjudicator shall be appointed in accordance with the Rules. | |
| 13.2Notice of Dissatisfaction | If a Party is dissatisfied with the decision of the adjudicator or if no decision is given within the time set out in the Rules, the Party may give notice of dissatisfaction referring to this Sub-Clause within 14 days of receipt of the decision or the expiry of the time for the decision. If no notice of dissatisfaction is given within the specified time, the decision shall be final and binding on the Parties. If notice of dissatisfaction is given within the specified time, the decision shall be binding on the Parties who shall give effect to it without delay unless and until the decision of the Adjudicator is revised by an Arbitrator. | |
| 13.3Arbitration | A dispute which has been the subject of a notice of dissatisfaction shall be finally settled by a single arbitrator under the rules specified in the Appendix. In the absence of agreement, the arbitrator shall be designated by the appointing authority specified in the Appendix. Any hearing shall | |
be held at the place specified in the Appendix and in the language referred to in Sub-Clause 1.5.
INDEX OF SUB-CLAUSES
| Subject | Sub-Clause | Page |
| Adjudication | 13.1 | |
| Approvals | 9.1.1 | |
| Arbitration | 13.3 | |
| Arrangements, Insurance | 12.2 | |
| Communications | 1.5 | |
| Completion | 6.1 | |
| Contractor’s Care of the Works | 11.1 | |
| Contractor’s Representative | 3.2 | |
| Currency | 9.9 | |
| Default by Contractor | 10.1 | |
| Default by Employer | 10.3 | |
| Definitions | 1.1 | |
| Delayed Payment | 9.10 | |
| Early Warning, Claims | 8.3 | |
| Employer’s Instructions | 1.9 | |
| Employer’s Representative | 2.1 | |
| Employer’s Liabilities | 4.1 | |
| Execution of the Works | 5.1 | |
| Extension of Time | 5.3 | |
| Extent of Cover, Insurance | 12.1 | |
| Failure to Insure | 12.3 | |
| Final Payment | 9.8 | |
| Force Majure | 11.2 | |
| General Obligations, Contractor | 3.1 | |
| Insolvency | 10.4 | |
| Interim Payments | 9.5 |
| Interpretation | 1.2 |
| Late Completion | 5.4 |
| Law | 1.4 |
| Monthly Payment | 9.4 |
| Notice of Dissatisfaction | 13.2 |
| Payment upon Termination | 10.5 |
| Performance Bond | 3.4 |
| Permits and Licenses | 1.8 |
| Priority Documents | 1.3 |
| Programme | 5.2 |
| Provision of Site | 1.7 |
| Remedying Defects | 7.1 |
| Retention, First Half | 9.6 |
| Retention, Second Half | 9.7 |
| Right to Claim | 8.4 |
| Right to Vary | 8.1 |
| Statutory Obligations | 1.6 |
| Subcontracting | 3.3 |
| Taking-Over Notice | 6.2 |
| Uncovering and Testing | 7.2 |
| Valuation of the Works | 9.3 |
| Valuation of Variations | 8.2 |
| Variation and Claim Procedure | 8.5 |
les of Adjudication
Referred to in Sub-Clause 13.1
| General | 1 | Any reference in the Conditions of Contract to the Rules for Adjudication shall be deemed to be a reference to these Rules. |
| 2 | Definitions in the Contract shall apply in these Rules | |
| 3 | The Parties shall jointly ensure the appointment of the Adjudicator. The Adjudicator shall be a suitably qualified person. | |
| Appointment of Adjudicator | 4 | If for any reason the appointment of the Adjudicator is not agreed at the latest within 14 days of the reference of a dispute in accordance with these Rules, then either Party may apply, with a copy of the application to the other Party, to the appointing authority named in the Contract to appoint an Adjudicator, and such appointment shall be final and conclusive. |
| 5 | The adjudicator’s appointment may be terminated by mutual agreement of the Parties. The Adjudicator’s appointment shall expire when the Works have been completed or when any disputes referred to the Adjudicator shall have been withdrawn or decided, whichever is the later. | |
| Terms of Appointment | 6 | The Adjudicator is to be, and is to remain throughout his appointment, impartial and independent of the Parties and shall immediately disclose in writing to the Parties anything of which he becomes aware which could affect his impartiality or independence. |
| 7 | The Adjudicator shall not give advice to the Parties or their representatives concerning the conduct of the project of which the Works form part other than in accordance with these Rules. | |
| 8 | The Adjudicator shall not be called as a witness by the Parties to give evidence concerning any dispute in connection with, or arising out of, the Contract. | |
| 9. | The Adjudicator shall treat the details of the Contract and all activities and hearings of the Adjudicator as confidential and shall not disclose |
the same without the prior written consent of the Parties assign or delegate any of his work under these Rules or engage legal or technical assistance.
| 10 | The Adjudicator may resign by giving 28 days’ notice to the Parties. In the event of resignation, death or incapacity, termination or a failure or refusal to perform the duties of Adjudicator under these Rules, the Parties shall agree upon a replacement Adjudicator within 14 days or Rule 4 shall apply. | ||
| 11 | The Adjudicator shall in no circumstances be liable for any claims for anything done or omitted in the discharge of the Adjudicator’s duties unless the act or omission is shown to have been in had faith. | ||
| 12 | If the Adjudicator shall knowingly breach any of the provisions of Rule 6 or act in bad faith, he shall not be entitled to any fees or expenses hereunder and shall reimburse each of the Parties for any fees and expenses properly paid to him, if as a consequence of such breach any proceedings or decisions of the Adjudicator are rendered void or ineffective. | ||
| Payment | 13 | The Adjudicator shall be paid the fees and expenses set out in the Adjudicator’s Agreement. | |
| 14 | The retainer fee, if applicable, shall be payable in full for: | ||
| (a) | being available, on 7 days’ notice, for all hearings and Site visits; | ||
| (b) | all office overhead expenses such as secretarial services,photocopying and office supplies incurred in connection with his duties; | ||
| c) | all services performed hereunder except those performed during the days referred to in Rule 15. | ||
| 15 | The daily fee shall be payable for each working day preparing for or attending Site visits or hearings or preparing decisions including any associated traveling time. | ||
| 16 | The retainer and daily fees shall remain fixed for the period of tenure of the Adjudicator. | ||
| 17 | All payments to the Adjudicator shall be made by the Contractor who will be entitled to be reimbursed half by the Employer. The Contractor shall pay invoices addressed to him within 28 days of | ||
receipt. The Adjudicator’s invoices for any monthly retainer shall be submitted quarterly in advance and invoices for daily fees and expenses shall be submitted following the conclusion of a Site visit or hearing. All invoices shall contain a brief description of the activities performed during the relevant period. The Adjudicator may suspend work if any invoice remains unpaid at the expiry of the period for payment, provided that 7 days prior notice has been given to both Parties.
| 18 | If the Contractor fails to pay an invoice addressed to it, the Employer shall be entitled to pay the sum due to the Adjudicator and recover the sum paid from the Contractor. | ||
| Procedure for ObtainingAdjudicator’s Decision | 19 | A dispute between the Parties may be referred in writing by either Party to the Adjudicator for his decision, with a copy to the other Party. If the Adjudicator has not been agreed or appointed, the dispute shall be referred in writing to the other Party, together with a proposal for the appointment of an Adjudicator. A reference shall identify the dispute and refer to these Rules. | |
| 20 | The Adjudicator may decide to visit the Site. The Adjudicator may decide to conduct a hearing in which event he shall decide on the date, place and duration for the hearing. The Adjudicator may request that written statements from the Parties be presented to him prior to, at or after the hearing. The Parties shall promptly provide the Adjudicator with sufficient copies of any documentation and information relevant to the Contract that he may request. | ||
| 21 | The Adjudicator shall act as an impartial expert, not as an arbitrator, and shall have full authority to conduct any hearing as he thinks fit, not being bound by any rules or procedures other than those set out herein. Without limiting the foregoing, the Adjudicator shall have power to: | ||
| (a) | decide upon the Adjudicator’s own jurisdiction, and as to the scope of any dispute referred to him, | ||
| (b) | make use of his own specialist knowledge, if any, | ||
| (c) | adopt an inquisitorial procedure | ||
| (d) | decide upon the payment of interest in accordance with theContract, | ||
| (e) | open up, revise and revise any opinion, instruction,determination, certificate or valuation, related to the dispute, | ||
| (f) | refuse admission to hearings to any persons other than the Employer, the Contractor and their respective representatives, and to proceed in the absence of any Party who the Adjudicatoris satisfied received notice of the hearing. | ||
| 22 | All communications between either of the Parties and the Adjudicator and all hearings shall be in the language of the Adjudicator’s Agreement. All such communications shall be copied to the other Party. |
| 23 | No later than the fifty-sixth day after the day on which the Adjudicator received a reference or, if later, the day on which the Adjudicator’s Agreement came into effect, the Adjudicator shall give written notice of his decision to the Parties. Such decision shall include reasons and state that it is given under these Rules. |
Adjudicator’s Agreement
Identification of Project:
| (the “Project”) Name and address of the Employer: | |
| (the “Employer”) Name and address of Contractor | |
| (the “Contractor”) Name and address of Adjudicator: | |
| (the “Adjudicator”) Whereas the Employer and the Contractor have entered into a contract (“the Contract”) for the execution of the Project and wish to appoint the Adjudicator to act as adjudicator in accordance with the Rules for Adjudication [“the Rules”]. | |
| The Employer, Contractor and Adjudicator agree as follows: | |
| 1 | The Rules and the dispute provisions of the Contract shall form part of this Agreement. |
| 2 | The Adjudicator shall be paid: |
| A retainer fee of per calendar month (where applicable) |
| A daily fee of |
| Expenses (including the cost of telephone calls, courier charges, faxes and telexes incurred in connection with his duties all reasonable and necessary travel expenses, hotel accommodation and subsistence and other direct travel expenses). |
| Receipts will be required for all expenses. |
| 3 | The Adjudicator agrees to act as adjudicator in accordance with the Rules and has disclosed to the Parties any previous or existing relationship with the Parties or others concerned with the Project. | |
| 4 | This Agreement shall be governed by the law of | |
| 5 | The language of this Agreement shall be | |
| SIGNED BY | ||
| For and on behalf of the Employer in the presence of | ||
| Witness | ||
| Name | ||
| Address | ||
| Date | ||
| SIGNED BY | ||
| For and on behalf of the Contractor in the presence of | ||
| Witness | ||
| Name | ||
| Address | ||
| Date | ||
| SIGNED BY | ||
| For and on behalf of the Adjudicator in the presence of | ||
SECTION IV
SCOPE OF WORK FOR COMPLETE STRUCTURAL REBUILD, FABRICATION, INSTALLATION, AND FRONTAGE CIVIL WORKS ON CV1 TIPPING BIN, WALKWAY
PLATFORMS, AND ACCESS SYSTEMS
- INTRODUCTION
This Scope of Work (SoW) defines the technical, quality, safety, and execution requirements for the complete rebuilding and replacement of the CV1 Tipping Bin installation at Prestea Sankofa Gold Limited (PSGL). The works include fabrication, erection, civil interface construction, and installation of entirely new supporting steel structures, walkway platforms, handrails, access staircases, and associated civil works.
The purpose of these works is to deliver a brand-new tipping bin system with full structural integrity, operational safety, and long-term reliability, ensuring compliance with PSGL engineering standards, statutory safety requirements, and international best practices.
The Contractor shall take full responsibility for site verification, detailed engineering, fabrication, erection, civil interface works, testing, surface protection, and final handover. All drawings, procedures, and execution methodologies shall be submitted to PSGL for written approval prior to implementation.
- SCOPE OF WORK
The Contractor shall execute the following activities to replace the existing installation with a new structure:
- Site Assessment, Verification, and Access PreparationCarry out a comprehensive site inspection to confirm that all dimensions, elevations, alignments, and existing structural conditions fully correspond with the issued construction drawings. Any discrepancies identified between site conditions and the drawings shall be documented and submitted to PSGL for review and approval prior to commencement of fabrication or installation.Prepare the site for new construction, including foundations, load transfer zones, and civil interfaces.Establish safe access to all work areas with scaffolding, platforms, barricading, and signage in strict compliance with PSGL HSE requirements.
- Demolition, Removal, and Frontage Civil WorksFully dismantle and remove all existing tipping bin structures, walkway gratings, handrails, toe plates, platforms, and staircases.Demolish obsolete or damaged attachments and prepare the site for new foundations and steel interfaces.Execute frontage civil works including concrete breakout, foundation reinstatement, leveling, and preparation for new installations.Transport all dismantled materials and debris to PSGL-designated disposal or scrap areas.
- Engineering, Fabrication and Structural Steel Works
- Fabricate and install entirely new steelwork, including:
- New tipping bin structural attachments
- Walkway platforms (primary and secondary framing)
- New access staircases
- Handrails, guardrails, mid-rails, and toe plates
- Walkway supports, bracing members, and stiffeners
- Replacement walkway gratings
- All fabrication shall be done as per the given drawing whiles all structural steel shall be S355JR or equivalent, suitable for heavy-duty mining operations.
- Fabricate and install entirely new steelwork, including:
- Installation, Lifting, and Repositioning Works
- Execute lifting operations using certified equipment and competent personnel.
- Install and align the new CV1 Tipping Bin and associated structures to design specifications.
- Ensure accurate plumb, level, bolt torquing, and structural continuity.
- Welding and Fabrication Procedures
- Perform cutting, fit-up, welding, and finishing in accordance with approved Welding Procedure Specifications (WPS).
- All welders shall be qualified per AWS D1.1 / ASME Section IX.
- Maintain full weld traceability and inspection records.
- Engineering, Fabrication and Structural Steel Works
- Quality Control and Non-Destructive Testing (NDT)Implement a comprehensive QA/QC system covering fabrication, installation, and civil works.Conduct VT, MT/PT, and UT on all critical welds and joints.Submit a complete QA/QC dossier including inspection reports, NDT results, welder qualifications, and material traceability.
- Surface Preparation and Protective Coating
- Blast-clean all steel surfaces to ISO 8501-1 SA 2.5 standard.
- Apply a new heavy-duty coating system suitable for mining environments, including epoxy primer, intermediate coat, and polyurethane topcoat.
- Submit coating inspection reports and certificates.
- Labor, Logistics, and HSE
- Provide all skilled and unskilled labor required for the new build.
- Comply fully with PSGL HSE policies, including PPE, working-at-height controls, lifting safety, and fire prevention.
- Conduct daily toolbox talks and maintain active safety supervision.
- Erection Methodology, Inspection, and Project Close-Out
- Submit detailed erection and civil execution methodologies for PSGL approval.
- Conduct interim inspections during installation.
- Carry out final joint inspection with PSGL representatives.
- Submit all as-built drawings, inspection reports, NDT results, coating documentation, and completion certificates.
- Surface Preparation and Protective Coating
- STANDARDS AND COMPLIANCE
All works shall be executed in accordance with AWS, ASME, ISO, and OSHA standards, or PSGL- approved equivalents.
- DELIVERABLES
Upon completion, the Contractor shall submit:
- Approved fabrication and erection drawings
- Welding Procedure Specifications (WPS), PQRs, and welder qualifications
- NDT reports (VT, MT/PT, UT)
- Material certificates and traceability documentation
- Coating data sheets and inspection records
- Final as-built drawings and project completion dossier
- PROJECT DURATION
The entire scope of works shall be completed within three (3) weeks from site handover and mobilization.
- EXCLUSIONS
Unless expressly stated otherwise, the following are excluded:
- Electrical and instrumentation work
- Supply or installation of permanent lifting equipment
SECTION V DESIGN DRAWINGS
SECTION V1 BILL OF QUANTITIES
