CPA Memorandum No. (4) procedures for awarding contracts and grants applicable to the Iraqi assets acquired and confiscated to the Development Fund for Iraq (NEW GAZETTE NEWS)

CPA Memorandum No. (4) procedures for awarding contracts and grants applicable to the Iraqi assets acquired and confiscated to the Development Fund for Iraq
in
• Federal
• Public Works

Type of Law:
Regulations

Date Issued:
20 Aug 2003

Date Published:
20 Aug 2003

Status:
In force

Summary:
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Pursuant to my authority as Administrator of the Coalition timely and consistent with relevant UN Security Cil including Resolution No. 1483/2003 and Aina on the laws and usages of war.
Taking stress on the necessity of the use of the Development Fund for Iraq in a transparent manner to meet the humanitarian needs of the Iraqi people and for economic reconstruction and repair the infrastructure of Iraq and the continued disarmament of Iraq and to cover the costs of the Iraqi administration of civil and for other purposes beneficial to the coalition to an interim regulation June 15, 2003/3 Responsible for the make recommendations about the spending of the resources of the Development Fund for Iraq.
And if I notice that the resolution 1483/2003 stipulates that the audit of the Development Fund for Iraq Accountants public officials lying let them persist International Council for advice and financial control and have them report that raising them to the Council to ensure that the use of the Development Fund for Iraq but for the purposes set out in resolution 1483/2003.
Taking reiterate the commitment of the Coalition Provisional Authority to ensure not to use any which state-owned or a system of cash or non-cash or securities may be converted into cash and which have been confiscated by coalition forces in Iraq in a manner consistent with the laws and customs of war, but to help the Iraqi people and support the reconstruction of Iraq.
Pursuant to Regulation No. 3 issued by the Coalition Provisional Authority Program Review Board of the moral authority of the Coalition Provisional Regulations June 15, 2003/3.
I hereby promulgate the following:
Section 1
The purpose
Determine this note procedures applicable to the implementation of contracts and grants involving the use of Iraqi funds, as defined here for the benefit of the Iraqi people and will power a coalition of Iraqi and spending them for the benefit of the Iraqi people and with the Iraqi funds that back the Iraqi people spending them for the benefit of the Iraqi people and with that Iraqi funds are not subject to the same laws and regulations applicable to the funds provided by the coalition governments, it must be ticking on power management of these funds in a transparent manner in full compliance with its obligations under international law, including resolution 1483.
Section 2
Application
This note applies to contracts and grants implemented by the Coalition Provisional Authority or those carried out on its behalf when allocating and spending Iraqi money P framework of the implementation of these contracts, grants, and the organization of this note contracts and grants implemented by:
1 - the two regions to the authority of managers splurge who carry out temporary program managers both regions in response to emergencies.
2 - Managers of the two regions the Coalition Provisional Authority who carry out initiatives for reconstruction programs in Iraq.
3 - ministries of temporary officials who work with senior advisers to the ministries when carrying out the requirements are not funded from the budget of the national ministries.
4 - Head of contracting activity Altba the Coalition Provisional Authority or his authorized representative on his behalf.
5 - the others who have delegated administrative director for the exercise of this power.
This note does not apply to:
1 - Government ministries and agencies Iraqi implement contracts or grants to meet the requirements approved in the national budget if he decides to Managing Director or his authorized representative that the contracting procedures adopted by the ministry or agency is sufficient to ensure the use of Iraqi funds and managed transparently However, as it was decided that contracting procedures followed by the Ministry-specific or agency-specific, it is not enough to be applied to this note.
2 - the leaders of the coalition forces who carry out the program leaders in response to emergencies and response program leaders will use the emergency procedures contained in Appendix E. Appendix Supplementary about it 89 89 FRAGO or any guidance issued later modifies the matter in question.
Section 3
Definition of Terms
1 - area offers contradictory group eligible for the award of a contract or grant certain as determined by the Contracting Officer on the basis of cost and other factors mentioned in the announcement of Request for Proposal or contract applications for grants.
2 - you get the contract a written agreement under which the CPA or Coalition Forces on the goods or services, or reconstruction of a person or entity in accordance with the terms and conditions specific purpose of assisting the Iraqi people or to provide assistance in the ages to Iraq.
3 - Committee of awarding contracts mean as used in this note a group of three officials, one or more selected by the authority which appointed the Contracting Officer This committee responsible for review of preliminary decisions to award contracts for the contract to buy large to make sure of compliance with the provisions of this note and the resolutions of the business of sound is not required that Committee meets awarding contracts as a group, but the award decision must be approved by the majority of members of the committee before the award process is, except as provided for in section 7 below.
4 - means the Contracting Officer as used in this note an individual delegated the authority of the managing director of the coalition under Section 4 below the authority to conclude contracts or grants that use the first Iraqi.
5 - grant a written instrument under which transfer of funds from the Iraqi Coalition Provisional Authority or coalition forces to the recipient received the grant in order to implement a program or project that benefits the Iraqi people directly, or help to the reconstruction of Iraq.
6 - Call for tenders invitation to contractors potential to make presentations satisfy the requirements of the CPA and describing the invitation to tender conditions that should be available in the contractor probably explains the nature of the opportunity to contract, including the goods or services that will provide the performance required and the time for performance of the conditions to be provided to prove that likely source for the provision of goods and services in a responsible and explain the call Almguetdhat unique contract and the last date for accepting bids and other information necessary for any party may submit a tender based entirely the decision awarding the contract to any tender received in response to a call for bids on the price offered in the tender or the factors of price.
7 - Company based in Iraq, any company, including the subsidiary companies have principal place of business located in Iraq.
8 - Iraqi funds are funds that are under the control of power and consisting of the proceeds from the property of the state of Iraq that have been gained or forfeited in accordance with the relevant law and made available to the Coalition Provisional Authority to assist the Iraqi people and to help in the reconstruction of Iraq and to fund the Development Fund for Iraq, which is referred to its establishment in the resolution 1483/2003 term does not include Iraqi funds used in the form of this note on the money given credits from the governments of coalition members, for example, money provided by the Governments of the United States and the United Kingdom directly to the Coalition Provisional Authority.
9 - a large procurement contract exceeding the value of five hundred thousand / 500.000 / U.S. $.
10 - a very small purchase contract, worth five thousand / 5000 / U.S. $ less.
11 - Request for those who may contract with them or to provide grants to them to make offers meet the requirements of the CPA and includes a request for offer is usually a condition must be collected by those who might sign him or make the grant, including what is offered goods or services and performance required and time specified for the performance and standards apply for the award of the contract and the requirements to prove that a likely source of responsibility and the unique requirements of the contract and the last date for accepting the offers and other information necessary for the party who may make a presentation.
12 - a small procurement contract worth more than five thousand / 5000 / U.S. $ and its value is equal to five hundred thousand / 500.000 / U.S. $ and below.
13 - the announcement of the invitation for bids or bidding announcement whereby bidding or tendering for the purpose of providing the required goods or services under the contract request for proposal and invitation to tender for two types of advertising contracting opportunities with government agencies.
Section 4
The appointment of contracting officers
1 - General Information may Officials identified in paragraph 2 shall appoint officials of the contract who may sign contracts or grants on behalf of the Coalition Provisional Authority in order to implement programs to help the Iraqi people to help in the reconstruction of Iraq using Iraqi funds continue to this authorization in force that is the Iraqi people, representative government and recognized by the international community does not have a Managing Director terminate it by any means.
2 - authorizes officials Almadrjohn The following is the power to appoint officials in the contracting districts or leaders or organizations that are Erasunha this appointment decisions of the written form of activity determined by the Chairman of the Coalition Provisional Authority in consultation with the General Counsel to the authority of the temporary borrowing.
A - Head of Contracting Activity Altba the Coalition Provisional Authority or the principal assistant responsible for contracting in the Coalition Provisional Authority.
B - Managers in the Coalition Provisional Authority in charge of oil policy. And civil affairs, economic development and the Agency for International Development AID, processes and infrastructure, internal affairs and the development of the private sector and security matters.
C - senior adviser to Iraqi ministries who provide advice to officials of both the contracting and Zarate in coordination with the Iraqi interim Prime Minister.
D - any others specifically delegated administrative director to take over this power.
3 - take into account the officials mentioned in paragraph 2 above in the exercise of the power to appoint officials of the contract is characterized by the candidates to act as officials of the contract of coalition governments and / or have experience in this area as officials contracted potential or officials of the supply of a field may be the President of activity contracting of the Coalition Provisional Authority administrative approval of the director to put additional conditions such as requiring specific training end must be met by these people before their appointment contract officials.
4 - should be on the officials responsible for contracting the implementation of programs Alqian coordinate funding initiatives proposed effective coordination with all other contract liability and those responsible for the provision of grants in their areas to ensure geographical avoid duplication and repetition of efforts.
Section 5
Technical supervision to contracting officials
The President of activity contracting of the Coalition Provisional Authority is responsible for providing technical supervision of officials of the contract designated pursuant to section 4 above that includes the technical supervision to identify training requirements and determine appropriate models to use P requests for proposals or bids and awarding contracts and grants and the President of the activity contracted under the authority of Coalition Provisional duties overseeing the administrative and technical contracting officials assigned to P-contracting activity of the Coalition Provisional Authority.
Section 6
Principles applicable to instruments
1 - Identification of the parties: You must include instruments, contracts and grants prominently on the following text to identify the parties.
Is the conclusion of this contract instrument grant under the authority managing director of the Coalition Provisional Authority as Chairman of the authority that exercises powers state q Iraq temporarily in accordance with the laws and usages of the free and the resolutions of the Security Council, the UN relevant resolutions, including resolution 1483/2003 between the coalition and ___________ the contractor.
3 - Competition
A - Contracts competition is mandatory for all contracts unless an exception a contract made under this Memorandum and will make reasonable efforts to obtain competitive bids published ads asking for proposals or bids and circulate these ads by plates attached to the press and by site CPA web and site development of commercial activity which Traiah UN UNDB and through databases providers of goods and services prepared by the head of Vsm contracting and other means, and if circumstances warrant awarding a contract without competition is to prepare a written justification specifying the requirements of the contract without competition and is included at the beginning of the contract and is contract with the bidder, which offer the greatest benefit to the CPA or Coalition Forces on the basis of price and all other evaluation factors set forth in the Declaration of the request for proposals or bids.
B - Grants will make reasonable effort to identify all organizations in a position to implement the requirements of grants and offer grants worth more than five hundred / 500.000 / USD Emery of the tender by the organizations that have the ability, but what shall be issued by written authorization for a good cause of the charge of the contracts in question.
- Give preference to providers of goods and services Iraqis get providers of goods and services who are based in Iraq are based in and capable of implementing the requirements of contracts and grants in a responsible contractor that limit competition, providers of goods and services who are based in Iraq are based in and if he decides that there are at least two providers goods and services who are based in Iraq are based in and if he decides to charge the contract to limit competition for providers of goods and services who are based in Iraq are based in is not appropriate may be used over the participation of Iraqis in the contract as contractors of subcontractors or other standard of evaluation for the purposes of determining who is entitled to obtaining the contract.
4 - price is fair and reasonable should the Contracting Officer to decide whether the price of the contract is fair and reasonable may not exceed the prices of goods and services valued at fair market prices as determined by the Contracting Officer after taking into account the time of supply or of the importance of urgent and vital for the provision of services and other related factors.
5 - conflicts of interest will not benefit directly or indirectly from contracts or grants that are managed under this note or official or employee of any ministry or in the Coalition Provisional Authority or with the Coalition forces has to do with the conclusion of contracts or grant-making will not benefit any individual from family members of those officials or employees to people who are involved in the contracting process from the development of terms of the contract to the end of its implementation to refrain from the following:
A must - have their financial interests conflict with the performance of duty.
B - to participate in financial transactions using government information undeclared or allow others to use this information in a non-project to strengthen the mandate of special interest.
C - a request or accept a gift or bad his last monetary value of any person or entity seeking official action from the Coalition Provisional Authority, or his relations with commercial activities or exercises organized the Coalition Provisional Authority, or has interests could be harmed to a great extent a result of the performance or non performance of the employee on his or her duties.
D - make pledges or promises deliberately and claim that it is binding on the Coalition Provisional Authority without obtaining permission to do so.
E - the use of public office or position for private gain.
Should any official or employee of the Coalition Provisional Authority or the coalition forces to do with the contracting process that:
A - acting with integrity and refrain from any preference over other private organization or any individual over other individuals.
B - reveals the competent authorities of any waste of resources, fraud or misconduct or corruption.
C - is seeking to avoid any actions suggest that it violates the law or ethical standards.
6 - contracts combined and divided as far as is practical shall compile the requirements of the project or projects related to each other in a single contract in order to alleviate the administrative burden of the contracting process may not be split in order to implement the requirements of these rules.
7 - responsible officials must decide the contracts that the contractor who was awarded the contract in a responsible and this means that the contractor must be:
A - adequate financial resources to perform the contract or has the ability to get those financial resources.
B - is able to comply with the schedule of supply or the required implementation or proposed taking into account all trade obligations or obligations of the Government business.
C - a satisfactory track record if he had done in the past decades.
D - to be a satisfactory record of integrity and as a moral business practices.
E - the organization has the necessary expertise and the necessary accounting controls, operational and technical skills, or has the ability to obtain them.
And - has the equipment and production facilities, construction and technical equipment and facilities necessary or has the ability to obtain them.
G - qualified and worthy of another way to contract under the laws and regulations relevant.
Section 7
Contracts
1 - very small purchase contracts
Awarding procurement contracts may be too small to compete without raised if the Contracting Officer has decided that the price offered was fair and reasonable and that the conditions offered a fair and reasonable, but we encourage contracting officers to put these contracts is very small for competition wherever possible.
May be announced orally on the request for offers or for calls for tenders and will be recorded and recording purchases of very small P files a brief document of competition and will be recorded and recording purchases of very small files in a brief document the competition, if any, and the foundation on which the contract was awarded based on him if other than being less prices and important conditions of the contract documentation and placed on the basis of the size and nature of the purchases.
2 - small purchase contracts
Works officials contracted if possible to get at least three competitive bids, at least for small purchases may be announced orally on the operations of small purchases that range from $ 500.01 to U.S. $ $ 25,000 U.S. are advertising on the progress of tendering their own writing and must include the file contract sufficient information to enable the officials of the audit on the deal, including the evidence that proves the existence of competition or the basis on which the contract was awarded based on him without competition and the prices offered and the basis on which the contract was awarded based on him, if not the price is the determining factor being the preparation of a written justification of detail qualifications unique to the contractor or other urgent circumstances that require a small purchase contract was awarded without competition and Annex A are P terms of justification.
A - General purchase agreements. Encourages contracting officials to use public procurement agreements for purchases to reduce repetitive administrative burdens and access to favorable prices.
B - all purchase contracts include a small payment terms, including the payment schedule agreed preferably includes parameters related to performance for service contracts and the requirements of the performance of clearly defined responsibilities and time of performance. Furthermore, the Contracting Officer uses appropriate provisions of the contracts listed in Annex B of the annex to this note for a particular request for tender or a contract.
C - exposure requirements in excess of $ 1000 in a public place and distributes a way that promotes competition, including advertising in the media when appropriate through the plates attached to the leaflets and the location of the Coalition Provisional Authority on the World Wide Web and database providers of goods and services produced by head of contracting activity and other means.
3 - large procurement contracts
A - put large procurement contracts to competition, except as authorized below. Offering opportunities for all procurement contracts large maximum extent practicable, in order to obtain three competitive bids, at least.
B - The Head of contracting activity of the Coalition Provisional Authority to ensure that contracts for the appointment of officials with expertise to conclude contracts under his supervision and technical assistance to all officials of the contracts or other designated contracting activities of the Iraqi Ministries with respect to all orders large.
C - are buying in general through negotiation. The contracting agency to prepare a request for proposals for submission to potential contractors, specifying the basic information necessary to describe the chance of contracting and a full description. May be to hold a meeting of officials of contracts before the presentations to answer questions from may make presentations to contract and to clarify the statement of the terms in the RFP, provided it is surrounded by all potential contractors note of the meeting. Assess and identify factors awarding contracts as procurement, but the price should be one of these factors. It may be that the expertise of a contractor from among the other evaluation factors as well as its financial stability review on the basis of its financial statements and his performance in previous decades. The Contracting Officer may ask the contractors final presentations in the competitive field. And take the initial decision awarding the contract based on a review of these offers.
D - if he decides that the official contracts 1 time does not permit the announcement of the request for bids or offers in the envelopes and then coated with 2 and evaluate the process of awarding the contract will be based on price or price related factors only 3 and hold talks with those who are likely to submit their bids or offers 4 and is not necessary that he reasonably expected to receive more than one tender closed the contracting authority may be used as a call for tenders instead of the RFP to achieve the condition of competition. And identifies the call for submission of tenders the basic information necessary to describe the chance of contracting and a full description. May be to hold a meeting of officials of the contracts before bidding to answer questions from bidders and to clarify the conditions set forth in the invitation to tender provided that surrounded all of their potential to provide a tender note of the meeting. Because the invitation to tender requires clearly specifying the requirements before issuing the invitation to tender does not use contracts officials call for tenders, but under the direct supervision of the head of contracting activity of the Coalition Provisional Authority.
E - is for all large purchases that are contracted out without competition to justify a written shows in detail the unique qualifications of the contractor or other exigent circumstances that necessitated the contract was awarded without competition. Requirements are contained in Annex A of justification. The authority that appointed the official contracts or the head of the contracting activity for the Coalition Provisional Authority or his designee to review all justifications for large purchases and approved in writing.
And - with the exception of contracts granted by the officials of the contract who are appointed by the President of activity contracted or assistant principal in charge of contracts in the Coalition Provisional Authority, shall review the preliminary decisions to award contracts for large purchases of the Commission awarding contracts, consisting of at least three people appointed by the official who appointed an official contract for the project This is done on the review before awarding the contract. To make sure of their compliance with the procedural requirements and the requirements of the competition, and that the contract is a sound business decision and that the process used was fair and impartial, and the contract which it is proposed Tsrith represents the best value based on the evaluation factors. Will coordinate the initial decision to award contracts for large purchases made by appointed officials of contracts by the head of contracting activities of the Coalition Provisional Authority with the President of the contracting activities of the Coalition Provisional Authority or with his representative before the award of these contracts.
G - regardless of paragraph 3 (e) above shall enter into contracts large purchases without the participation of the Commission awarding contracts in a resolution awarding the contract, provided that, the President of activity contracting of the Coalition Provisional Authority and that there are alternative means sufficient to ensure the safety management of the RFP or invitation to tender .
H - encourages contracting officials on the preparation of schedules of payment provides for the payment of the amount of money when the contractor completed the performance of specific milestones.
4 - amend and revise contracts. Subject to amendment and revision of contracts for the same documentation that the provisions governing the original contract. And contracting officers must ensure that the costs of modifying the contract or revised fair and reasonable. Should be addressed revisions or amendments that fall outside the scope of the contract or those that are new requirements through the new contracts.
Section 8
Follow-up and implementation of performance contracts
Bear officials contracted, in line with their responsibilities programmed and of ensuring the safety of discharging the duties by the contractors and grant recipients responsibility to follow up and monitor the implementation of all contracts that agree with them after Tsritha on a regular basis and include process monitoring and control of these to make sure the contractor to provide goods or services or acts of reconstruction, which to agreed upon in accordance with the provisions of the contract and that payments paid on time for payment. Officials and put contracts in the contract files written reports describing the performance of contractors after the completion of the contract implementation. Contracting officials and depends on the resources locally available military engineering in the evaluation of all projects of reform and reconstruction. And preserve all documents relating to the preparation and implementation of the contract in the contract file, which also includes the substances listed in Annex A attached to this note.
Section 9
Grants
Grants may be made available and provided to support the initiatives of a general and important in line with the requirements of the Program Review Board.
1 - must be contained in applications for grants and a description of the initiative and its expected cost and expected results. Should determine applications for grant also objective criteria to measure the success of the grant.
2 - taken into account in reviewing grant applications the number of people will be affected by the grant and its impact on the development of society and should officials review the grant during the implementation should also provide funds where appropriate, in accordance with a schedule linked to the performance of certain tasks set by the CPA or Coalition Forces, and be linked to standards success of substance.
3 - are functions of follow-up implementation of the grant agreement and according to a formula determined by the Chairman activity contracting of the Coalition Provisional Authority in coordination with the Office of General Counsel to the Coalition Provisional Authority, although misguided to deal in general after the submission of the grant between the CPA and Coalition Forces and the recipient of the grant and Officials should follow up and monitor the performance of recipient Grant to make sure that the grant money spent for legitimate purposes in line with the grant and to evaluate the appropriateness of the grant recipient to receive grants in the future. It turns out that the contract puts the officials in charge of grants in the grant file a written report describing the performance of the grant recipient after receiving them and also includes a final evaluation upon the completion of the grant implementation.
Section 10
Funds approved through the process of preparing the national budget
1 - available to the Iraqi Ministries of funds are supported through the preparation of the national budget and as provided for in the national budget will be allocated the Office of Management and Budget of the Coalition Provisional Authority funds to the Ministry of Finance of Iraq for distribution to Iraqi ministries in accordance with the national budget and in a manner to ensure appropriate transparency and may the Iraqi Ministries temporary withdraw from funds approved by submitting requests for money to the Iraqi Ministry of Finance.
2 - may not be the execution of contracts or grants entered into by the ministries, the Iraqi interim accordance with the laws of Iraq-related, according to contract procedures in place in the ministry, but if as much as the Managing Director or his authorized representative to act for him that the application of the ministry to these controls will ensure the conditions of appeal contained in Annex B. Annex to this note If not, decide the Managing Director or his authorized representative to act for him that the application of the ministry to these controls will ensure transparency, however, that if an appeal is filed in the case of awarding a proposed contract or grant shall apply the provisions of conditions of appeal contained in Appendix B attached to this note and if it does not decide the Managing Director or his authorized representative to act for him that the Iraqi laws and procedures related to the contract in force in the ministry can ensure transparency in the use of Iraqi funds, it must apply the provisions of this note.
3 - In the framework of the responsibility of the Coalition Provisional Authority to ensure the use Mawal Coalition Provisional Authority to achieve the intended purpose may be to the Controller in the Coalition Provisional Authority in coordination with the head of contracting activity of the coalition at its discretion to review the contract procedures applied by the interim Iraqi ministries.
Section 11
Accessories
Availability of accessories Help complementary concerning the preparation and conclusion of contracts and instruments of grants in accordance with this memorandum and authorize the Program Review Board under this Memorandum amend the Annexes are attached to this note and the issuance of supplements extra as may be necessary to ensure the implementation of funding for the benefit of the Iraqi people and is a modified

version is under that responsive to the requirements of Section 6/5 / of Regulation No. 3 issued by the Coalition Provisional Authority.
Section 12
Protect the confidentiality of information procurement
Specifically prohibits the officials of the contract or the other people involved in the contracting process to disclose information contained in the presentations to anyone who is not related to the contracting process and for the purposes of this section means the term display any offer, including art exhibits, or offers of Directors or cost offered by the one-seekers contract Rada on the requirements of the application display a competitive and apply protection of disclosure of any confidential information relating to procurement, including information relating to the presentation the winner of the practice in the contract by reference and apply this protection in a manner consistent with the provisions of Section 552 of the law of the United States No. 5 and sections 3 and 24 of the Regulations regulatory organization for U.S. purchases for the federal government.
Section 13
Force
This Order shall enter into force and take effect from the date of signature.
The. Paul Bremer, managing director
Coalition Provisional Authority
August 20, 2003
Procedures for awarding contracts and grants
Applicable to property acquired and confiscated Iraqi
And the Development Fund for Iraq
The requirements of the contract file
Appendix A
Very small purchases to U.S. $ 5,000 less.
Must include the contract file the following:
Comments or documents reflect the efforts to provide competitive opportunities for asylum contract if such efforts that include these observations, a written summary of the requests for oral presentations in the case awarded the tender at the request of an oral presentation.
Foundation that has been awarded the tender to build it if this is not the basis for less price.
Financial terms of the contract is to work and who will, when, and at any value?
Information that shows the result, such as receipts, delivery notices and observations about the performance of the services contracted notation official contracts.
Files should be kept very small purchases for a period of one year from the date of payment and the payment of another sum of money under the contract.
Small purchases 5.000.01 - $ 500,000 U.S.
Must include the contract file the following:
Documentation of requests for oral presentations for contracts worth less than U.S. $ 25,000 and for contracts ranging from $ 25.000.01 and $ 500,000 U.S. documentation of written requests for presentations.
Evidence of competition such as the availability of published notices and place mentioned in the file notice of appearance and the length of his appearance, and direct requests for proposals, declarations and the announcement of the competition in the pages of the electronic network of information.
For requests for proposals that are brought to the request for supply to the hand, and one is awarded the contract, for example, the only party that has made an offer must include the contract file a written estimate prepared in accordance with the requirements contained in this Annex.
Evaluation criteria if those criteria apply to the contract.
Important correspondence with mutual contractors.
Notification to the sender to the contractor was awarded the tender.
Written contract that contains terms of the agreement in the case of contracts in excess of $ 10,000 U.S. or a summary of the essential terms of the agreement in the case of contracts worth less than $ 10,000 U.S..
Bills in the amounts paid to provide what has been achieved in the implementation of the contract and notes on verification of performance, including notes on inspection procedures, or observation wherever it is appropriate save a file small purchases for a period of one year after the date of payment and the payment of another sum of money under the contract.
Large purchases worth more than U.S. $ 500,000.
Documentation must be sufficient to enable the Commission to review the awarding of contracts offers before Tsritha and enable auditors to review the accounts and documents of the contractor during the execution of the contract and beyond, and must include the following files:
Statement of the need to subject the product or service offer and this statement is a request from the requesting agency contracting with someone to obtain the services.
Evidence of the availability of competition, such as notices and mentions the declared place of the emergence of advertising and the length of his appearance and direct requests for presentations and advertising and advertising on the pages of the electronic network of information or using any other means, to announce the opportunity to bid.
All submissions received from qualified contractors in response to a request for the supply and in order to enable the Commission awarded the contract to review the options available to the contract in order to make sure the adoption of the decision-making methods in force in the business when making a decision to award the proposed contract.
For requests for proposals that are brought to the request for supply to the hand, and one must include the contract file a written justification has been prepared in accordance with this Annex.
Criteria for evaluating offers and awarding the contract price must be one of the criteria used in evaluating offers may include other criteria of experience and past performance of the bidder, expertise and delivery terms.
Note the log recording the actions taken by the Commission awarded contracts for selecting the contractor who wins the tender and should be contained in the memorandum of the record definition of the members of the Committee and information on the offers that they looked in and on the criteria used to evaluate the offers and choose the winning bid and the contractor, who landed the tender.
Important correspondence with contractors.
Notice issued to the contractor who signed the check.
Written contract contains the required conditions.
Revisions and amendments to the contract.
Information on the performance under the contract and the result of the contract, including bills that are paid for the progress made in the implementation of the contract and information on the performance of the investigation, including notes on the inspection or control measures as appropriate.
Backup your large purchases for a period of 3 years after the date of payment and the payment of another amount under the contract.
Data requirements to justify contracting with only one hand and approval.
Officials must document the reasons for the contracts of Cairo, which justifies the contract with one hand and one without the other in all contracts Abermunha with the contractor and one without the other The following are some compelling reasons which can be taken into account when justifying the contract with the source of one without the other.
The presence of a single source is responsible only to meet these requirements can not be any supplies or other services that meet them may include the justification for the contract with one hand and one without the other rental unacceptable in delivery or other circumstances unique, such as intellectual property rights or match and compatibility of systems of this source with existing systems.
There is an urgent need for extraordinary meeting these requirements does not use this justification only in situations in which a competitive threat to the goals of the agency is not considered a failure to predict accurately the needs of the Agency sufficient justification to contract with only one hand.
Justification should explain the circumstances under which abandoned the availability of sufficient and appropriate requirement if the circumstances present an urgent and compelling explanation of the specific time constraints and capabilities possessed by the unique and no other is the contractor.
Justification will include a description of the efforts made to provide the opportunity to compete.
Justification will include the facts supporting the benefit and appreciation of official contracts to obtain under the contract on the price of a fair and reasonable.
For the statement submitted by the official awarding of contracts to justify a contract worth more than U.S. $ 500,000 to the contractor and one without the other you must obtain the approval of this justification of the appointment of an official in charge of the contracts or contracts of chief of the Coalition Provisional Authority.
Grants
Files must contain a statement about the need for community purposes and objectives of the grant and beyond is on the whole of the grant request and a statement enough, but it must also file contains information specific to the outcome of the grant include an assessment of their impact and its impact on the local community.
Special requirements for construction projects
Engineering drawings are held and the resolutions to approve the plans until the end of the performance and implementation of all requirements of the contract and its requirements.
Must obtain an estimate of the cost of projects, large purchases shall be prepared by independent engineers to assist in the assessment of fair and reasonable value of the project.
Prefer conditions that provide for fixed prices in construction contracts.
Certificates of completion of the work done.
Change orders should be documented and the amendment to fully and adequately.
Procedures for awarding contracts and grants
Applicable to property acquired and confiscated Iraqi
And the Development Fund for Iraq
Conditions and standard procedures for subsidies tender
For contracts in excess of U.S. $ 5,000.
Appendix B
Conditions of tender advertisements
1 - Submission of tenders: The contractor shall tender signed and dated to the office specified in the announcement of the tender on the date specified therein or before this date may be bidding on the contract Alqirtasan own or as specified in the announcement of the tender and the tender must indicate the following as a minimum.
No announcement of the tender
The time period specified in the announcement of the auction to receive bids.
Name, address and telephone number of the bidder.
A description of the technical material presented in the holidays is enough detail to evaluate compliance with the requirements set forth in the announcement of the tender may include those details about the product literature or other documents if necessary.
Conditions of any explicit guarantee.
Price and any special conditions to reduce the price.
Site address to pay the amount of money owed that was different from mailing address.
Approval of any amendments to the tender announcement in the event of any amendment to it.
Information on past performance, including in the case mentioned as one mentioned as one of the evaluation factors recent decades and the relevant connected to the same materials or materials similar nature and non-symmetry and other information that may refer to it, including the numbers of contracts points of contact with telephone number and other relevant information.
Statement specifying the extent to which the tender of all the conditions and conditional clauses and the items contained in the announcement of the tender bids that may be removed contains no data or information requested or those that refuse to conditions contained in the announcement of the auction and may therefore not considered.
- The period of acceptance of bid the bidder agrees to be bound by prices mentioned in the tender received from it and not change for a period of 30 days after the day fixed for receipt of bids unless specified period of time in a special supplement other attached announcement competition.
3 - product samples: Submit samples of the product if required, submit the tender announcement on the date specified for receipt of tenders or before that date does not bear the receiving end of those samples the cost of submission unless the text of the announcement of the tender otherwise, and returned the samples to the sender at his request and at his expense unless the has been damaged as a result test was conducted prior to awarding the contract to the winning bid.
4 - is encouraged by decades of bids on the bidding offer multiple conditions in each of them based on evidence to meet the requirements contained in the announcement of the tender and each tender will be evaluated separately.
5 - amend and revise bids and withdrawn and submitted after the date specified for receipt.
Bear the bidders responsibility to provide bids and make any amendments thereto, or any revision thereto, or the withdrawal of her and then delivered to an official of the contracts specified in the announcement of the tender by the time specified in the request for tender and in case you do not specify the time in the announcement of the tender will be the time of receipt of tenders is at the fourth and a half after the cast / 16:30 / local time in a contracting office on the date specified for receipt of tenders or tenders revised.
Is any offer or modify or revision of the offer or request withdrawal submitted to the contracting office specified in the announcement of the tender after the deadline specified in the announcement of the tender offer late will not be considered unless it is delivered by the award and shall be responsible contracts had decided to accept the tender Late hinder the process purchase of materials or obtain the requested service in a manner inappropriate if:
1 - had been sent bid through one of the electronic media business permitted by the announcement of the auction, and he has responded to the first point for receipt of bids in the contracting office at the hour of not more than five o'clock pm / 17.00 / of the business day preceding the day fixed for receipt of tenders or.
2 - there was evidence acceptable proof of receipt of tender and receipt at the place specified for receipt of tenders and that he was under the control of the government before the deadline for receipt of tenders or.
3 - Late tender that was the only one who is tender received in response to the announcement of the tender.
However be considered in the amendment that is being conducted Late on the successful tender if this would improve the conditions of this amendment tender for the contracting authority that issued the announcement of the tender and may be the subject of this tender accepted.
Include evidence acceptable to make an appointment to receive the tender in the office of the contract concluded by the institution on an envelope giving the date and hour of receipt or other documents held by the institution to prove receipt of verbal or data from the staff of the Office contract.
If led an emergency or an unexpected event to disrupt operations and can not receive bids in the contracting office designated for that purpose at the time stipulated in the announcement of the tender and prevented the requirements attached without modifying the announcement of the tender or issuance of any notice to extend the period for receipt of bids automatically and is the last date for accepting bids and received The time is the same as specified in the announcement of the tender of the first working day in which to resume normal operations in the contracting office.
Bids may be withdrawn at any time before the expiry of the period of time specified for receipt of tenders by written notice delivered before the end of that period of time specified. And may be withdrawn bids oral progress in response to the bidding of oral and may be withdrawn bid by a statement drawn tender sent to your fax and delivered before the date specified for receipt of tenders if the tender announcement has allowed the use of the fax machine to submit tender provided that submission that the circumstances specified in the announcement of the tender and that apply specifically to Tenders submitted by fax machine may be the bidder or a person authorized by him and his representative to personally withdraw the tender if it did so before the deadline for receipt of tenders was to prove the identity of the person requesting withdrawal of the tender and verified and that person to sign a receipt to receive the tender if it did so before the deadline for receipt of tenders was to prove the identity of the person requesting withdrawal of the tender and verified and signed by the person to link the receipt of the tender which had been made by.
6 - the award of the contract: The official contracts evaluation of bids submitted and awarded the contract on one of the bidders without discussing any of them and it FINE tender first bidder should include the best conditions in terms of both price and descriptions of art, however necessary and permissible for an official contract to refuse any tender or all bids if it determines that the rejection of the non-observance of formalities and no more than secondary procedures in which bids were received.
7 - awarded the contract to bid multiple: It is permissible for an official contract to accept any item or group of items contained in the tender given only if linked to the bidder tender its severe concrete may not be bidding in quantities less than the quantities specified, unless allowed table giving this and keeps official contracts the right to contract with one tender for any amount from one of the items in the tender conditions currently prevent this.
8 - Evaluation officer will contract awarding the contract to submit a tender in charge in response to the declaration of the authorities and the result of it and the bid shall be given him appropriate for the activity contracted more than others and responsive to the conditions of hardship and other families related that are taken into account and the following list of factors that should be used in the provision of bids.
Administrator contracts establish a list of factors according to their importance here
9 - Options officer will contract evaluate tenders to award the contract to one of them by adding the total price for all options presented to the total price of the basic requirements may decide to official contracts that the tender is unacceptable if the prices of the options is offset significantly the assessment of options you do not have official contracts use of his right to choose to buy any of them.
10 - notice of awarding the contract: cause notice of acceptance of tender or Petrah contract tender successful, whether mailed or delivered to the front of any other way during the period of acceptance of bids to the emergence of a contractual relationship binding does not require either party to do any extra work may be to an official contract that accept the tender or part tender before the expiry date specified, whether there be negotiations after its receipt or not, unless notice has been received to withdraw the tender before the award of the contract.
11 - protest if someone wants to protest the conditions of the tender announcement, or to cancel the announcement of the tender or the award of the contract or to cancel the action awarded have it take the matter to an official of the contracts in order to take a preliminary decision on the protest and sorrow, and if not agreed protester with the initial decision of an official Contracts may appeal this initial decision of the Speaker of the contracting activity for the Coalition Provisional Authority is the final decision on the matter.
12 - evaluation of bids submitted by foreign currencies if you received the official contract offers prices mentioned not of the evaluation of the tender by converting foreign currency into U.S. currency using the conversion following which is valid on the day fixed for receipt of tenders if awarded the contract based on bids preliminary But if it was awarded the contract depends on the bidding revised conversion price in effect on the date specified for receipt of bids revised.
Terms of the contract.
13 - Inspection / Acceptance 0 does not provide a retired tender only those items that are in line with the requirements of this contract. Contracts and retains the right to an official inspection of the supplies or services offered in the tender or test any of them. May be responsible for the contract to ask for repair or replacement of supplies that do not match with the conditions as he may request a performance of the services did not comply with the conditions, without any consequent increase in the price of the contract. The contract administrator must be exercised rights guaranteed to him after the acceptance of the tender.
A - within a reasonable time after discovery of defect, or during the period that should have been the discovery of a bug where.
B - before any significant change occurs in the case of the item, unless the change is a result of the imbalance in the item originally.
14 - to dispose of the contract or waive him. The contractor shall not assign the contract or convert it to others or to dispose of it or any part thereof in any other way, without the prior written approval of the administrator of the contracts.
15 - change. May not change the terms of this contract except by written agreement between the parties.
16 - disputes. This contract is not subject to the law of contractual disputes of 1978, as amended U.S. law 41, sections 601-623. The failure of the parties to this contract to reach agreement on a claim either of them to cause change fair or on the suit or appeal or any judicial procedure another result of this contract or related to it, a dispute will be resolved and settled according to a rule of disputes contained in the regulations of the organization purchases the federal government of America, Rule No. 1-52.233, an item included here by reference, but may not appeal the final decisions issued by the official contract of the U.S. armed forces. The decision of this Commission shall be final. And the contractor is working actively to implement the contract and his main concern as assets pending final resolution of any dispute arising from this contract.
Excuse the delay. Bear the responsibility of the contractor, unless the delay was caused by non-performance is not due to error or negligence of it. Or if the event was the result of the contractor can not control it and control it, such as the events of Acts of God or acts carried out by the enemy general. Or actions carried out by the government as sovereign or contractual or fires or floods, epidemics or quarantine restrictions or strike or cases of very bad weather or late arrival of public means of transport. Initiates the contractor at the earliest opportunity after the commencement of the case justify the delay, notify the administrator that the delay of contracts in writing, explaining the full details. The Contractor undertakes to address the situation leading to the delay reasonably quickly, and are quick to provide written notice to the official end of the contract situation leading to the delay
18 - the bills. Contractor shall submit original invoice and three copies to the address specified in the contract to receive invoices. He or she may submit the invoice electronically if allowed to do so must be 0 and the bill include the following.
A - Name and address of the contractor.
B - the invoice date and number.
C - Contract number, and item number in the contract, and the application number, if the application number of the question.
D - a description of the items that have been delivered, quantity, unit of measure its own and the price of each unit and the price of which extended to them.
E - number and shipping date of shipment including the bill of lading number and weight of the shipment in the case of freight on the basis of the bill of lading.
And - terms of any reduction of the price for payment in a timely manner.
G - the name of the person who should be informed of the existence of the notice in the case of malfunction or defect, and office and telephone number.
19 - Insurance compensation of damage, patent infringement business. Compensate the contractor government agency party to this contract and secured is, our officers, working with them and acting on its behalf from any loss or damage arising from load judicial responsibility for what may happen actually or alleged occurrence of longer directly on any patent, trademark or rights of the printing and publishing and authorship resulting from implementation of this contract. And compensated for and secured as well as in the case of involvement or alleged involvement, direct or indirect in helping others to encroachment on patents, trademarks, copyrights, publication or incite them to do so, provided that the contractor had told reasonably for such claims and procedures. This includes the compensation cost of load bug the government agency that responsibility.
20 - Payment. Prices to be paid before the items that official contract was handed to the sites of delivery specified in the contract. And shall be recorded on the invoice date is the date used to calculate any discount available for payment of amounts due by the due date. The recorded history check on the payment date that payment for the purposes of calculating the discount payable, pay the amount in the case of electronic money transfer payment date is the date specified to convert the amount electronically.
21 - the risk of loss. Contractor bears the risk of loss or damage to the supplies provided under this contract, unless the contract stipulates that specific, and be the official compensation contracts it immediately.
A - delivery of supplies to the carrier, if the process of transport delivery at noon and means of transport FOB fob.
B - Delivery of supplies to the contract administrator or his representative at the place specified in the contract, if the transfer back of the delivery mode of transportation in the destination FOB - FOB destination.
22 - price includes taxes 0 nodes of all taxes and customs related.
23 - the end of a contract for reasons of interest. Official retains the right to end the decades of the contract or any part thereof, for the sake of government activity. And the contractor shall, in the event of termination of the contract, immediately cease to do all the work that was carried out under the contract and the arrest of the operations of all its suppliers and subcontractors. And receives the contractor under the terms of this contract a percentage of the contract price reflecting the percentage of work done it before receipt of notice of termination of the contract, and added to this amount, an amount one representing the reasonable costs other can the contractor prove the reality of his records in front of an official contract that it resulted from the end of the contract. May be responsible for the decades after the delivery of prior notice a reasonable time examine the financial records of the contractor for this contract, including amounts paid to subcontractors and sites in which the implementation of any part of the work contracted. May also be responsible for the audit of financial statements of contracts to the contractor when requested by the review.
- End of contract work for a reason. May be responsible for ending the decades of work in this contract, or any part thereof in the event of any default by the Contractor, or if the contractor fails to comply with any of the terms of the contract or if it failed to meet the demand of official contracts to provide sufficient guarantees of future performance. In the event of termination of contract work for some reason, the government agency does not assume responsibility to the contractor for any amount of supplies or services not accepted, and the contractor bears the responsibility for all rights and all measures to rectify the situation provided for in law or any of them. If it is decided that the official work contracts ended for some reason this contract is terminated is good to work to end this contract as a matter of interest to him.
25 - Instruments of the property. Unless the contract specifies otherwise in paragraphs other than the ownership of all material supplied under this contract to the government agency at the acceptance of such materials, regardless of place or time has the State Agency for those substances and physical possession of them.
26 - warranty. Ensure that the contractor explicitly and implicitly that the materials supplied under this contract are the materials may be trafficking and valid use for the purpose specified in this contract.
27 - immunities. Except as provided for in this contract does not give up the Government of Iraq or the entities that they represent, including the Coalition Provisional Authority or other government agencies, for any of the privileges or immunities.
28 - the legal situation. The contracting party independent contractor, his staff will not be considered government employees for any purpose. And the Contractor is the only party responsible for the agreements reached as a compensation to his employees.
29 - the responsibility of the contractor with the staff. Contractor shall bear the responsibility of providing professional and technical competence of its staff and is responsible for selection of trusted people who will work on the effective execution of the contract and respect the local traditions and are committed to a high standard of moral conduct and literary. May be responsible for the contracts that require the Contractor to separate from work or other staff offering property at risk, or is continuing to work in their jobs in an order under this contract is contrary to the interest of military security.
30 - Subcontracting. Except as permitted by this contract, the contractor may subcontract with others to accomplish any part of the contract without the prior written permission of official contracts. And subject to terms of any sub-contract to the terms and provisions of this contract and in line with it.
31 - compensation for the loss and insurance from them. The Contractor shall protect all government agencies, parties to this contract, and compensated for the loss and secured from the damage that may arise from all suits, claims or responsibilities whatsoever that may result from any work done by the contractor or his employees or subcontractors, or any default by the any of them. These include protection and indemnity insurance and the officials of these agencies and their delegates and their staff.
32 - Insurance. Ensure that the contractor and ensure that it maintains adequate insurance contract, including general commercial insurance against third-party guarantees and insurance coverage for employees provide them with adequate compensation to cover the claims of other parties arising out of this contract or related to it. The Contractor shall submit sufficient proof of the existence of insurance required under this Article of the contract, when requested to do so.
33 - the use of names and symbols. Except as required by this contract the Contractor does not publish a public announcement or statement publicly that he contracted with the government agency related to this contract the contractor will not use the name of the government agency or logo for commercial purposes.
34 - limited liability. Unless otherwise provided explicit guarantee the contractor will bear the legal responsibility to the government agency for any damage caused by a later any defects or deficiencies in accepted items.
35 - mismatch between the text of the contract, which read in English translation in the absence of consensus the text of any of the conditions of this contract stated in the text in English with the text corresponding to the language of the translator interprets the text and the other within the meaning of the text written in English.
36 - English-language editing correspondence the contractor undertakes to guarantee that all correspondence be addressed for the contract to the governmental entity that the awarding of this contract written in English or be accompanied by the text of the message to the foreign language.
37 - Conflict of interest ensures the contractor to obtain any government official to any benefit directly or indirectly related to winning this contract and undertakes not to offer or provide any benefit directly or indirectly to any government official result of receiving this contract and approve the contractor on any during this item is a fundamental breach of the condition of the terms of this contract.
38 - arrange priorities, with the exception of construction contracts settled agree the number of items contained in the announcement of this tender or not to approve the items contained in this contract based on the following items a priority ranking.
A - Table supplies supply services.
B - Terms of the contract relating to the transfer of ownership and disputes, payments, invoices and other matters requiring compliance with the contract.
C - Any additions to the announcement of this tender or contract, including any agreement to license drivers computers.
D - the terms and provisions of the tender announcement that this was a declaration of a tender.
E - other standard items in this contract.
And - other documents or instruments and documents to prove and documents attached.
G - Specifications detailed description of the work.
Compliance with other requirements of the Contractor shall comply with all relevant laws and comply with all rules and regulations related to performance under this contract.
40 - the source of the money that funds allocated under this contract is Iraqi money, according to the definition given in Note No. 4 of the Coalition Provisional Authority on

19 August 2003 did not and will not be allocated to this contract any amounts due to any country of the coalition.
41 - the option to extend the contract period.
A - Any entity of the government award of this contract since the period of notice in writing sent to the contractor before the date of expiry of the contract was the end of any period of additional chose sides added to the contract period in accordance with its provisions and its provisions Day The number of days and it provided that the governmental entity has submitted to the contractor a notice in writing of an initial intention added to extend the two parties to the contract by at least mention the number of days on written notice and mention you do not have the first government entity to extend the term of the contract, but if the government chose to exercise its right to extend the contract period is the decade, including for this condition.
B - if required the government entity to continue to perform the services specified in the contract prices specified therein at the end of the contract or upon completion of the additional chose sides added to the period of the contract to extend it may for a period of performance under this contract for a period be added not to exceed six months and that by sending notice in writing to the contractor so before the expiry of the contract or before the end of the additional period of the last parties that choose to add them to the extended contract period, whichever comes later and sends this to the notice before the expiration of any of the periods mentioned by at least one day.
42 - Payment of compensation for the damage.
A - If the contractor fails in the performance of the business during the period specified in this contract will be compensated by the government entity instead of compensation for the damage to the actual sum of U.S. dollars for each day of delay.
B - If the government entity to end the work of this contract or any part thereof under the item part of it under the item to end the labor contract because the contractor bears the responsibility of the liquidation of the damage and pay compensation for services and added value of such damage or compensation to the extra costs resulting from the repurchase or services under the item to end work because of the contract.
C - the contractor will bear the burden of the liquidation of the damage and pay compensation when it is not the delay in delivery of materials or to perform any services or the negligence of his part, or when the delay is due to factors can not control the Contractor in accordance with the definition contained in the delay after the excuse.
The terms and provisions of construction contracts
To construction contracts only
43 - implementation of works by the contractor
The Contractor using Bmassth own employees with the implementation of construction work at the site is estimated at no less than percent of the total volume to be done under the contract and may be reduced this percentage under the additional agreement attached to this contract if so requested by the contractor while on the implementation of construction work to reduce that percentage and the decision official contracts to be reduced in the interest of the government.
44 - different conditions at the site.
A - initiates the contractor to submit a communication in writing to the charge on the following contracts and provides this communication without delay and before any change in the circumstances.
1 - different class under the conditions of the earth's surface or the presence of latent physical conditions which differ in reality very different from what is stated in the contract or
2 - The presence of concrete and the conditions are not known at the site of an extraordinary nature and vary in reality very different from the situation that you see is usually known in general, offset it to work similar to those acts set forth in the contract.
B - and hastily official contract after receipt of that notification inspected the site and to identify the conditions if it becomes apparent that these conditions are different actually conditions mentioned or assumed in the contract and that the difference would raise the cost of the contractor or reduce or extend or shorten the time required to implement any part of the work under the This contract is an equitable adjustment to the contract under this paragraph is modified as well as the written contract and accordingly, whether the change in costs or in the time period required to implement because of these conditions or due another.
C - the contractor would not receive a request for an amendment to the contract approval, unless advance written notice of Almaakedh required and taken into account, however, that the time period mentioned in paragraph a of this section and for the submission of a written notice is a period of time may be responsible for the contract extension.
D - the contractor would not receive a request for equitable adjustment to the contract because of the different conditions at the construction site approval if received after this request paid the final payment under this contract.
45 - check the site and conditions affecting the work.
A - decides that the Contractor has taken reasonable steps necessary to verify the nature of the work, location, and acknowledges that he himself had examined the general conditions and the local that may affect the work or the cost and that verification of these conditions include, but not limited to:
1 - conditions that affect the transport and disposal, handling and storage.
2 - the availability of labor, water, electricity and roads.
3 - fluctuations in weather conditions and termination conditions and the vagaries of the tides, or any similar situations in the site.
4 - topography of the land and soil conditions.
5 - the nature of the equipment and facilities required to be provided before and during work to do.
And approves the contractor that conducted the case materials on the site on the surface of the earth and beneath the surface of the ground and he is aware of the quality and quantity, or whether he is aware of the obstacles that may face it and it has been made of that information to the extent possible through the examination of the site and through the exploration work carried out by the government agency owner relationship and drawings and specifications which have been prepared and included in this contract as part of it that are exempt the contractor from his responsibility for reaching a proper appreciation of the costs of the job successfully and the difficulty of play if he fails in doing business which admitted that he will in this paragraph, or if initiated to perform work and accomplish without downloading Agency governmental organizations concerned with any additional assignment.
B - does not assume the government agency assigned to this contract any responsibility relating to any conclusions and interpretations issued by the Contractor based on information made available to him by the government does not assume the government agency state is responsible for any understanding reached on the situation or any width was introduced may affect the work done by any officers or agents prior to the implementation of this contract unless the work done by any of its officials or its representatives prior to the implementation of this contract unless stated in this sucking, explicit this understanding.
46 - materials, craftsmanship and quality.
A - All equipment, materials and goods used in the work subject of this decade, a new and better grades of competition to achieve the purposes required of them as otherwise specified in this contract to the contrary is the reference to the specifications of the equipment or commodity operations registered with the Patent Office by their name business or the names of the manufacturer or numbers Alkatolujat specifically to the quality standard is not interpreted as a restriction of competition and determine the permissible and the contractor in accordance with the choice to use any equipment or materials, products or processes considered official contracts equal with those listed in the specifications unless the contract stipulates otherwise.
B - The Contractor shall obtain the approval of official contracts on vehicles and mechanical equipment and other equipment intended for use in the work by submitting a request that includes the name of the manufacturer and model number and other information related to the performance of machines or equipment and its capabilities, nature and includes the demand as well as assessment of the performance of machinery and mechanical equipment and other equipment and the Contractor shall also get the approval of official contracts on materials or goods that thinks the contractor to use in the work by submitting the application contains complete information on these materials or goods, the Contractor shall submit to the official contract samples for approval if it asked him to official contracts to do so and the contractor bears the costs of providing that samples and shipped pre-paid costs in the case of failure to obtain advance approval of proof required, equipment, materials and goods to be installed or used on-site exhibition of rejected later.
C - is the completion of all works carried out under this contract in a professional skill and may provide an official contract to the contractor a written request asking him to separate the user considers any official contracts lacked efficiency or neglected or undesirable for other reasons.
47 - supervision and guidance by the contractor
The Contractor important direct supervision of the work and guidance at all times throughout the duration of the implementation of this contract and until the completion of work and acceptance of, or the commissioned person incompetent he can make that task in the workplace and be acceptable to official contracts and authorized to act and work on behalf of the Contractor.
48 - Permits and Responsibilities
Borne by the contractor responsible for obtaining all licenses and permits necessary to complete the work without loading the government entity inhibitor of this contract any additional costs and bear the responsibility for compliance with any law or the rules of regulations applicable to the implementation of the business and the contractor bears the responsibility for all damages that may occur to persons or property resulting from his mistakes or for the negligence of his part, and bears as well as responsibility for all materials that are delivered and the business that is fully completed until the end of completion of works and the acceptance of the work fully with the exception of any work is done and accepted as a work under the contract.
49 - Protection of existing vegetation, buildings, equipment, facilities and improvements
Keep the contractor on all the buildings and equipment list that will still protect it from damage and keeps well on all plantings located at the work site or next to him, such as trees, shrubs and herbs that will not be uprooted and protected from harm as long as he was not hindered in a manner unacceptable and prevent his work required under this the contract will not contractor uprooted trees, but when he declares him specifically to do so and he has to avoid damage Palmzruat which will remain in place and if it displays none of the branches of trees to breakage during the execution of the contract or if broken these branches due to the negligence of workers or due to negligence in the use of the equipment shall be the contractor Trim those Avroa well and take any other measures may be required by an official from the contracts.
B - The Contractor shall protect all improvements and existing facilities 1 in the site or next to him and also 2 those in the real estate adjacent to the work site and owned goods and Contractor shall repair any damage will be attached to these facilities, including facilities owned by other parties, be the result of his failure to comply with the requirements of this contract or failure to observe due diligence, in the implementation of work and may be responsible for the costs of other contracts with the task of repairing the damage and load the contractor the cost of this work if the contractor refused to do, or if unable to repair the damage quickly.
50 - the area of operations and storage areas:
A - The Contractor shall implement all the operations, including storage of materials in the areas allowed him by or approved by the official contracts and provides the contractor of the entity state inhibitor of this contract and the responsibility of the delegates as well as protection from any responsible or damage may be suffered by any of them as a result of the performance of the contractor.
B - The contractor may construct buildings, temporary, such as barns or sheds, storage and shops, offices and facilities with the consent of official contracts and is used in the construction workers and materials shall be is provided without loading the government entity the donor of this contract the cost of that and keep the buildings from the usual removal of buildings and facilities to the finalization of the business and may left and abandoned in accordance with the written consent of official contracts.
C - taking into account the contractor rules established by the official contracts and does not use only existing roads and specific or temporary roads for which the is resurfaced when approved official contracts to set up and use, and authorized him to do so shall the Contractor at the transfer of materials required for execution of the work not to exceed the load transport vehicles load allocated to them by manufacturers or tonnage provided for in laws, regulations and in the case of transport vehicles are forced to walk on the sidewalk or crossing the edge of the pavement the contractor shall protect them from harm in the event that the edge of the pavement or crossing the edge of the pavement the contractor shall protect them from damage in the event that the edge of the sidewalk or the sidewalk or The way to repair this damage or the damage is to bear the costs of repair.
51 - Cleaning and removal of waste
Maintains the contractor clean the work site P all times, including the storage areas and take into account the non-accumulation of waste in and being alone with just them and remove the contractor from the work site all the waste, tools, scaffolding, equipment and materials that are not owned by the government before the completion of work and the completion of the work leaves the contracted work site and leave a clean and tidy and good order to the satisfaction of official contracts and be acceptable to him.
52 - Granting of accidents.
A - provides the contractor working conditions and operating procedures provide the following on an ongoing basis.
1 - protection for the public and users of the government entity and property and equipment, materials and equipment exposed to Contractor operations and activities. And
2 - Avoid disrupt the operations of the entity government and the delay in completing the project and to postpone the completion date of completion of the project and
3 - to control the costs of implementing this contract.
B - The Contractor shall for the purposes of the implementation of the contract for the construction or dismantling of a building or demolition or removal of improvements made to it.
1 - the provision of appropriate protective barriers and signs and traffic signals appropriate.
2 - Ensure the adoption and implementation of any additional measures the Contracting Officer considers necessary for the purposes of the desired ones.
C - will be surrounded by official contracts informed of any violations of those requirements or failure to comply with any of the conditions to be compliance with any of the conditions that would endanger the health of the banquet of the public or the health and safety and the users of the government entity at risk and the Contracting Officer then inform the contractor verbally and reinforced by the author's verbal notification in writing requesting the Contractor to act immediately to correct the situation and deemed delivered to this notification to the contractor or to his representative in the workplace dangers enough in violation required the contractor to take corrective action required and the Contractor shall take measures sufficient violation required the contractor to take corrective action required the Contractor shall take corrective action immediately after receipt of this danger and in If you reject the contractor to take action the patch immediately after receipt of this notification in the event of rejection of the contractor to take corrective action required immediately or in the event of his failure to do so may be the official contracts to issue an order to halt work on the project in full or in part until taking action correction sick and will not be entitled the contractor to obtain any amendments in the price of the contract Tansvh or get an extension for the implementation schedule is a result of the issuance of the arrest of the work under the provisions of this country.
D - The Contractor and the inclusion of this item is included in the contracts entered into by the subcontractors, including this paragraph d of it and the amendments relating to the designation of appropriate contractors.
53 - agendas for decades, the sons and construction.
A - within five days of the start of work related to the contract or within such further periods of time determined by the official contract The Contractor shall prepare a table of my work is to an official of the contracts three copies of it for approval and shows the contractor to prepare my work schedule and submit to the official contracts three copies of it for approval demonstrates the contractor In this table the sequence of work and shows it when plans to begin implementation of aspects of the various work and deliverables, including access to materials and equipment and take this table shape of the graph and the dimensions suitable for the purpose of clarifying the project's progress and percentages approximate the planned completion of work by certain dates during the contract period in If the contractor fails to provide the table in time for that may be responsible for the contracts to refrain from agreeing to pay the amounts due to the contractor of the work accomplished by the contractor to do while providing the desired table.
B - Contractor shall comply with the instructions issued in the official contract and shall be communicated to what has been made the course work under the table. If the official contracts slowdown in the workflow and provide it is not in line with the table that he agreed it initiates the contractor to take the necessary steps to improve performance and speed of work in progress including those required by his official contracts nor holds a government entity the donor of this contract any additional expenses arising out of, in this case may an official contracts that require the Contractor to increase the number of shifts or shift work or increased hours of work or increase the working days and may be asked to make any other efforts to correct the situation may also be responsible for the contracts that require the Contractor to provide an extra table or tables is complementary to approve it thinks are necessary to clarify how the contractor will prepare speed work in progress and according to the schedule that had official contracts have been approved.
C - is not the Contractor's compliance with the requirements of official contracts under this item mainly justify a decision by an official contract that the Contractor does not strive to work enough to ensure completion of the work in the time frame specified in the contract may be for official contracts ending the right of the contractor to continue work on the project or in any a separate part of it a number taken such a decision under the terms of deficiencies or the default set forth in the contract.
54 - construction specifications, construction and graphics design.
The Contractor shall keep at the work site a copy of the drawings and specifications written description of the work and allows for the official contract could be found at any time have any recipe mentioned in the specification has not been made clear in the drawings or any recipe shown in the drawings was not mentioned in the specifications the same Tick as if they were mentioned and shown in both in the case of a discrepancy between the data contained in the drawings and those contained in the specification is taken to data contained in the specification either in the case of the emergence of differences between the figures contained in the drawings and those mentioned in the specifications referred the matter promptly to the official contracts, which consider the matter without delay and resolved by written decision and bears the responsibility of the contractor and the cost of any amendments is conducted before the issuance of the written decision of the official contracts and administrator contracts from time to time to provide detailed drawings and other information from other Tattab necessary unless the contract specifies otherwise.
Procedures for awarding contracts and grants
Applicable to property acquired and confiscated Iraqi
And the Development Fund for Iraq
General guidance for submission of grant
Appendix C
Points are taken into account when drafting grant agreements or data seeking presentations for grants.
Define the objectives of the grant and the need to help: no problems accurately determine the physical, economic or social, financial, institutional, or any other relevant problems addressed by the grant.
Be considered in the results desired or expected benefits determine the costs and benefits achieved by the grant and shows for example how the problem will get better as a result of the grant and provides explanation of the benefit it will bring the project to the public.
Examination of the implementation approach. Shows a list of activities arranged elements according to the delivery time to show the table achievements and the dates of completion expected and specify the types of data will be collected and preserved and discuss the criteria that will be used to evaluate the results and the success of the project and is described a technique that will be used to determine how to meet the needs identified and discussed and the achievement of results and benefits that have been identified This is a list of the names of each organization and collaborator and advisor to a major or anyone else working on the project and attached to each name a short description of the nature of Mjhodan or contributions of each of them.
Develop procedures for evaluation and control is the development of standards to judge the effectiveness and value of the grant for the large grants should include those payments set out standards of progress or other measures to control the use of the grant in order to ensure an effective manner.
Implementation grants
May provide grants to government entities or other organizations to achieve the objectives of restricting the public good.
May be construction projects and public works, as well as small projects that impact positively on the education and health care appropriate for the grants.
Grant agreements are recorded on the continuation of prescribed and approved by the head of contracting activity in the Coalition Provisional Authority in consultation with the Office of General Counsel of the Coalition Provisional Authority.
In the implementation of grants should be aware of to make sure of winning the grant for the purpose for which the desired and the need for commitment to fiscal responsibility, including access to large amounts paid receipts and documentation of the use of funds.
Is to carry out periodic inspection of the activity of the grant to confirm the use of the grant properly.
Procedures for awarding contracts and grants
Applicable to property acquired and confiscated Iraqi
And the Development Fund for Iraq
Frequently Asked Questions
Appendix D
What are the projects appropriate for the disbursement of funds the Development Fund for Iraq?
Provides for UN Security Council resolution No. 1484/2003 on the following:
14 - stresses the need to use the Development Fund for Iraq in a transparent manner to meet the humanitarian needs of the Iraqi people and for economic reconstruction and repair the infrastructure of Iraq and the continued disarmament of Iraq and to cover the costs of the Iraqi administration of civil and for other purposes benefiting the people of Iraq.
This is standard on the use of funds and the Iraq Development Fund should be used with other sources of funding in the state does not match the requirements of the College contracted with the terms of these criteria may not use the Development Fund for Iraq funds to support the requirements of the coalition forces.
What are the special rules that apply to contracts with Iraqi funds owned?
Are met, the obligations arising from contracts funded with Iraqi funds and include only those nodes in a special clause to define all the parties to this important point and remind them of it.
Military units is not permissible for the signing of the military units and execution of contracts on its behalf or on behalf of their governments and may not use Iraqi funds to implement projects and should include these contracts the following text:
Is the signing of this contract under the powers of the Managing Director of the Coalition Provisional Authority as the chief culprit in the body that exercise temporarily the government authorities in Iraq under the laws and usages of war, in keeping with the resolutions of the UN Security Council relevant resolutions, including resolution No. 1483/2003 between the coalition and between the contractor .
Coalition Provisional Authority must include the text of each contract referred to above, as shown in this text clearly and unambiguously the authority that have been liberalized under the contract.
It is important that each contract contains a clause providing for a special end of the contract to suit the purposes of the parties because the Coalition Provisional Authority exercise its powers for a limited period and Monia and ending with the exercise of those authorities when forming a government in Iraq are the Iraqi people and recognized internationally.
Government ministries ethnic should be on the Iraqi government ministries follow the contract procedures on the Iraqi government when using the money the CPA and that the decision to the Managing Director that the contract procedures adequate, appropriate and use the contracting procedures contained in this mentioned if the contracting procedures for the Iraqi government is sufficient and appropriate.
When should a grant to use and when to use the contract?
Provides grants bodies and civil institutions for the development programs and community development programs or the availability of training and educational courses to the public when the main purpose of which is set to support or stimulate the efforts of the receiving end of the grant and not get a product or a service that allows grants greater flexibility in the implementation of the holders of them who are not subject, but for a certain amount of control and supervision should be provided, however the achievement of those purposes, and provides grants to entities in general, government institutions and non-profit organizations.
Contracts used to obtain goods or services.
What are the factors that should be used when assessing the validity of the contract or the candidates seeking to contract?
Should be set to suit the requirements of the contract with the product or service should be required, however, take the following factors into account when making all decisions on awarding of any contract.
Value price for a very important element should be taken into account when making a decision on awarding the contract, but make sure the contract in a responsible manner also took the important elements that should be taken into account.
Financial stability of the contractor should assess the financial stability of the contractor in the case of all contracts for large purchases or contracts that require Let a large percentage of the amount of the contract scoop and should include the audit of the status of financial contracting in order to assess this situation, an analysis of the budget and financial reporting procedures review audit the financial accounts whenever possible and credit reports and other data establish the validity of the company.
Past performance should take past performance into account to the contractor if the contracting entity has led services in the past.


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