ITB Construction Contract for Small Works - Construction Works in Tuvalu of Package 1: PMH Diagnostics & Day Surgery Centre and Transit Store Building in Funafuti; and Package 2: Niulakita Clinic building in Niulakita

New amendment added #1: This amendment is to extend the tender deadline by 2 weeks to 9 July 2026

New clarification added: We have reviewed the tender documentation and the UNOPS Construction Contract for Small Works and seek clarification regarding the extent to which commercial and contractual terms are negotiable as part of the tender process?Given the remote location, logistics complexity, and associated delivery risks, we request consideration of the following key provisions which materially impact pricing and risk allocation:QUESTION #1 Payment TermsThe contract indicates a payment period of up to 42 days from submission of Contractor’s Statements.We request confirmation whether:Shorter payment terms (e.g. 21 days) can be considered; orAlternative mechanisms (e.g. milestone payments, advance payment increase, or reduced certification period) may be negotiated.ANSWER:The payment period stated in the Contract Conditions shall remain unchanged. UNOPS is not able to amend the contractual payment period to 21 days or introduce bidder-specific payment terms during the tender process. Bidders shall price their bids on the basis of the payment provisions included in the solicitation documents and Contract Conditions.During contract implementation, UNOPS will make reasonable efforts to process complete and properly certified payment applications as efficiently as possible. However, this does not amend the contractual payment period or create a separate payment obligation. Payment will be subject to submission of complete documentation, certification by the Employer’s Representative, and compliance with the contract. The solicitation documents allow for progress payments through monthly Contractor’s Statements, certified by the Employer’s Representative. The Contract Details also allow payment for eligible Plant and/or Materials delivered to site or shipped to the country, subject to the conditions stated in the contract schedules. An advance payment may be considered only up to the amount stated in the Contract Details, subject to UNOPS internal approval, required due diligence, and any applicable security/guarantee requirements. Any alternative payment structure that changes the commercial basis of the tender will not be negotiated with individual bidders.QUESTION #2 Latent Conditions / Site Risk AllocationThe contract places primary reliance on the Contractor to satisfy itself regarding site conditions, with limited relief for unforeseeable conditions only.We request consideration of:A more balanced latent conditions clause,Including entitlement to cost and time where actual conditions materially differ from those indicated or reasonably anticipated, not limited to strictly “unforeseeable” circumstances.ANSWER:Clause 4.12 (Site Conditions) shall apply as stated in Contract Conditions. Bidders are required to satisfy themselves as to Site conditions prior to submission of their Tender and are expected to have taken such conditions into account in their pricing. No amendment to the latent conditions risk allocation provisions is proposed.Bidders are expected to review the tender documents, available site information, drawings, specifications, logistics constraints, local conditions, and any clarification/addendum issued by UNOPS, and to reflect their assessment in their methodology, programme, pricing, and risk allowances. During implementation, any condition or event that gives rise to an entitlement under the Contract will be assessed strictly in accordance with the Contract Conditions, including the requirements for notice, supporting evidence, contemporaneous records, causation, and demonstrated impact on time and/or cost. Where UNOPS considers that additional site information is necessary for tendering, such information will be issued equally to all bidders through the formal clarification/addendum process.QUESTION #3 Inclement Weather as a Qualifying Cause of DelayWe note that weather is generally excluded unless considered exceptional under Force Majeure.Given the Pacific island environment, we request confirmation whether:Adverse or abnormal weather conditions (including extended rainfall, storms, and marine logistics disruption) can be included as a qualifying cause of delay (EOT), consistent with typical international contracting practices.ANSWER:Bidders shall allow in their programme, logistics plan, and pricing for normal and reasonably foreseeable weather, marine transport, shipping, and remote-island delivery constraints associated with working in Tuvalu and the Pacific island context. UNOPS is not able to amend the Contract Conditions to treat all adverse weather or marine logistics disruption as an automatic qualifying cause of delay. Exceptional or abnormal events, including severe weather events that meet the relevant contractual threshold, may be considered during contract implementation in accordance with the Contract Conditions, subject to timely notice, evidence, records, mitigation measures, and demonstrated impact on the critical path. Bidders are required to submit a realistic programme that includes logistics planning, shipping schedules, weather allowances, procurement lead times, and contingency arrangements appropriate for Funafuti and Niulakita.QEUSTION #4 Extension of Time (EOT) FrameworkWe note that the Employer retains significant discretion regarding EOT approval.We request clarification whether:The EOT provisions can be aligned to a more objective entitlement-based assessment,Particularly for Employer-caused delays, variations, and third-party interfaces.ANSWER:UNOPS does not accept this request. Sub-Clause 6.4 [Extension of Time] and Sub-Clause 16.1 [Notice of Claim] shall apply as stated in the Contract Conditions. UNOPS will administer EOT requests objectively and in accordance with the Contract, based on the accepted baseline programme, critical path analysis, actual progress records, notices, causation, mitigation, and supporting evidence. Employer-caused delays, approved variations, access constraints, interface issues, or other events giving rise to entitlement under the Contract will be assessed under the applicable contractual procedures. The Employer’s Representative’s assessment will be based on the Contract and project records, not on discretion alone. Bidders shall ensure that their bid programme is realistic and that their proposed methodology includes adequate project controls, reporting, and mitigation measures.QUESTION #5 General Commercial FlexibilityPlease confirm whether:Tenderers may propose departures or qualifications to the General and/or Particular Conditions; andIf so, the format and process for submitting these qualifications for evaluation.ANSWER:Acceptance of the UNOPS Contract Conditions is mandatory. Bidders shall not submit departures, qualifications, or amendments to the General Conditions of Contract, Particular Conditions of Contract, or other mandatory contractual requirements. Any qualification that changes the contractual risk allocation, payment terms, liabilities, delay provisions, insurance, securities, or other material contract requirements may render the bid non-compliant and may result in rejection/disqualification in accordance with the evaluation criteria. Bidders may request clarifications before the clarification deadline. Where UNOPS determines that a change to the solicitation documents is required, it will be issued formally to all bidders through an addendum.Best Regards, 

New clarification added: QUESTION:Can we plese request a tender extension as usually for a project of this size and scope we would have a 4-6 week tender period, given the returbale schedules being requested as well as the pricing.ANSWER:After internal discussion, we agreed to extend the tender deadline by 2 weeks. We will update the tender deadline to 9 July 2026