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Ali Al Sabah Military Academy

SECTION 01109
SPECIAL NOTES, PRIORITY OF DOCUMENTS ETC.
1.

For any works not covered by this Particular Specifications, The General Specifications alongwith
Laws, Bye-Laws, Rules and Regulations issued by the various Ministries and Statutory Authorities
having jurisdictions (latest documents issued up to the submission of the Tender) shall apply to
this Contract.
It will be the Contractors responsibility to ascertain the names of all the Ministries and Authorities
having jurisdictions, the details of their applicable statutes, and the methods to ensure compliance
with them in consonance with other Tender/Contract Documents.

2.

Priority of the Documents:


The documents forming the Contract are to be taken as mutually explanatory of one another. For
the purpose of interpretation, the priority of the documents shall be in accordance with the
sequence provided in Document I and as supplemented by Document II.
If an ambiguity or discrepancy is found in the documents the Engineer shall issue any necessary
clarification or instruction. In this regard the Engineers decision shall be considered as final.
Also, if any ambiguity or discrepancy is found inside the above prioritized documents; For example
say in Document III-3 : Drawings : Ambiguities found between plans/sections/detail drawings and
Finishing Schedule; in this case, the Engineer has the right to insist on the costliest interpretation
to which a reading of the Contract Documents can lead. The same principle will be followed for all
documents having any confusing terms.

3.

Study of the Tender Documents:


The Tenderer shall carefully study, review and compare the documents with each other and with
information provided in the Tender. In case of any inconsistencies, ambiguities or discrepancies,
missing information, typing/spelling error etc. in the Tender drawings, Specifications, BOQ and
other Contract Documents, and if the Contractor has any doubt regarding the meaning and intent
of the contract in respect of the work in whatsoever nature, the Contractor shall inform the
Engineer during tendering period or in the Pre-tender meeting(s), the Engineer who shall then
take measure for correction, adjustment or explanation as may be necessary. If the Contractor
does not inform such inconsistencies during tendering period or at the latest before signing of the
Contract the contractor shall abide by the decision of the Engineer in this regard and shall bear
any attributed cost for correction and rectification of such inconsistencies as may be necessary. If
the contractor performs any construction activity after awarding the contract knowing it involves a
recognized error, inconsistency or omission in the contract documents the contractor shall
assume appropriate responsibility for such inconsistencies and performance and shall bear an
appropriate amount of the attributed cost for correction.

4.

The Tenderer shall be fully aware that the Tender submissions solicited from the Tenderer within
the Tender Documents are mandatory and are essential to be submitted for the Employer to
properly evaluate the capabilities, preparedness, means and methods, proposed temporary
facilities, understanding and comprehension of the Tender requirements. The Tenders shall be
evaluated by the Employer on technical merits in a detailed manner which shall be followed by the
commercial and financial evaluation of the submitted Tenders. Therefore, the lowest Tenderer
may not necessarily win the Tender should their submissions have relatively lower technical merit.
It shall be left to the sole discretion of the Employer to recommend accordingly to CTC for an
appropriate decision in this regard.

5.

The Contractor shall take approvals from all the Concerned Authorities having jurisdication prior to
commencing their construction/execution works. The Contractor must comply with the rules and
regulations of the Environmental Public Authority (EPA) State of Kuwait. Any special
requirements of Ministry of Defense (MOD) must be followed.

Gulf Consult/SOM
15th May, 2012

Special Notes, Priority of Documents Etc.

01109-1

Ali Al Sabah Military Academy

6.

7.

Other Imporatnt Issues to be taken into consideration:

Curing Material: Only water shall be used for curing

Hot Weather : A shade Temperature of 42 C and above is defined as Hot weather.

Readymix concrete shall be wet and not dry when it leaves the readymix plant.

Approved Equal product shall be accepted only if less than Three (3) Manufacturers names are
specified in the respective section of the specifications. Wherever three or more manufacturers
names are mentioned in the specifications, then Approved Equal Products shall not be
accepted. The Approved Equal Products shall be similar or better than the specified one and must
be compatible in quality, cost and performance and the origin/source of the product shall match
with the specified product. To substantiate this requirement, the Contractor shall submit sufficient
details like catlogues, specifications with special emphasis over performance criteria, code
requirements, data sheets etc. to appraise the Engineer that the proposed product is equal or
better than the specified. The Engineers decision as to the acceptability of any such approved
equal or alternative product shall be final.

END OF SECTION

Gulf Consult/SOM
15th May, 2012

Special Notes, Priority of Documents Etc.

01109-2