Republic of Botswana CONTRACT PART 1 CONTRACT DATA FOR NEC

AGREEMENTS & CONTRACT ENGINEERING &

DATA CONSTRUCTION CONTRACT
(ECC) 2ND EDITION

Contract Data
These Contract Data consist of two parts. Part One contains information provided by the Employer. Part Two
contains information provided by the Contractor.

Part one - Data provided by the Employer

The Employer and his agents preparing this Data and the Contractor tendering to it, should read both the NEC
Engineering and Construction Contract 2nd Edition 1995 (ECC2) and its Guidance Notes (ECC2-GN) in order to
understand the implications of this Data.

An example of the completed Data is provided on pages 121 to 129 of the ECC Guidance Notes.

When completing the Data, follow Part 1 Data provided by the Employer, on 55 to 65 of ECC2 (the
Black Book).

This form is designed to be completed electronically by filing in the fields where data is required.

1 General Drafting Instructions for the

Procuring Department:
The conditions of contract are the core clauses and the clauses for
Decide which options
the Options set out below of the second edition (1995) of the NEC
(indicated below in BOLD
Engineering and Construction Contract (ECC2).
TYPE) to select and then
delete the rows for options not
The main option is:
selected. USE THE ECC
GUIDANCE NOTES TO ASSIST
THE SELECTION
Complete empty fields
remaining in left hand column
Delete this whole right column
and drags this line to right
hand boundary before issuing
tender documents.

A: Priced contract with activity schedule

B: Priced contract with bill of quantities

Choose one main option
C: Target contract with activity schedule only and delete the others.
D: Target contract with bill of quantities See ECC Guidance Notes
pp 12-16 for assistance.
E: Cost reimbursable contract

F: Management contract

Ref No. ____________ Page 1 of 18 C1.2 Contract Data ECC2

These secondary options have been selected and apply to this contract: Select only those Options from G
to Z required by deleting the ones
not selected. Rather select a
minimum number. See Chart on p
16 of ECC Guidance Notes

G Performance Bond Public entities usually require a

bond. Not necessary if a Parent
Company Guarantee is available.

H Parent company guarantee Can be used in place of a

Performance Bond and cheaper

J: Advance payment to the Contractor Not usually selected. See ECC2-GN

page 82.

K: Multiple currencies Probably necessary for major

contracts involving foreign
resources. See page 83 of ECC2-
GN.

L: Sectional Completion Useful if essential to have some

parts of the works completed before
the whole of the works. Complicates
administration so only use if really
needed. See ECC Guidance notes
(Page 84) for more details

M: Limitation of Contractors liability for design to reasonable skill Only use with civil works when
and care Contractor subcontracts design to a
consulting engineer. No need to use
if there is no design work involved.

N: Price adjustment for inflation Only use if contract exceeds 18

months and Contractor cannot
manage the risk.

P: Retention Mainly used as security for

correction of Defects. See page 87
of ECC-GN

Q: Bonus for early Completion Use only if there is real benefit to the
Employer and ensure bonus is a
proportion of the benefit.

R: Delay damages Usually used. Will apply differently in

some jurisdictions. It should be
noted that excluding this option does
not prevent the Employer from
recovering damages at large.

S: Low performance damages May occasionally be appropriate in

process plant contracts, especially if
state of the art or exceptional
performance is required.

T: Changes in the law It is probably fair that Government

should accept this risk.

Ref No. ____________ Page 2 of 18 C1.2 Contract Data ECC2

 X12: The NEC Partnering Option (published by the ICE June 2001) Use (particularly under Option C or
D) and when a consultant or other
contractor is also contributing to the
work. It is advisable to first read
NEC and Partnering; The Guide to
Building Winning Teams by Prof
John Bennett and Andrew Baird
(available from Thomas Telford
London 50) before entering into
partnering arrangements for the first
time.

Z: Additional conditions of contract This option is most likely to be

selected as there are nearly always
a few additional clauses. For details
see item 10 of this Contract Data

The works are Describe the works clearly but

briefly. The description should
enable the works to be identified but
need not go into detail which will be
in the Works Information.

The Clients objective is . Only include and complete if the

NEC partnering Option X12 is used.
See X12.1 (1). This is to be a clear
statement of what the project is to
achieve in effect a basic statement
of the Clients business case.

The Employer is Insert name and address of

Procuring Department who will sign
the contract.

The Client is Only include and complete if the

NEC partnering Option X12 is
used.

Insert name and address of

appropriate office (usually same
as for the Employer)

Ref No. ____________ Page 3 of 18 C1.2 Contract Data ECC2

 The Project Manager is: Insert name and address etc of
Project Manager. Must be an
individual person. See page 9 of
ECC2-GN
Do not include delegates here.

Telephone: Fax: Email:

The Supervisor is Name and address etc of

Supervisor

See Page 10 of the ECC2-GN

Telephone: Fax: Email:

The Adjudicator is It is essential to appoint the

Adjudicator by award stage, either
as a Panel from which one may be
selected when needed, or as an
individual.
Names of suitable NEC adjudicators
Telephone: Fax: Email: can be obtained from the southern
Africa Administrator of the NEC
Users Group List of Adjudicators, Mr
B V Oliver on bvoliver@mweb.co.za

The Adjudicator is the person appointed as follows: THIS ALTERNATIVE

ARRANGEMENT MAY BE USED
In the event that a first dispute is referred to adjudication, the The arrangement allows a trusted
referring Party at the same time applies to the southern Africa third party to make the appointment
Administrator of the NEC Users Group List of Adjudicators, Mr B if the Parties cannot agree on a
V Oliver on bvoliver@mweb.co.za to appoint an Adjudicator. suitable person quickly.
The application to Mr Oliver includes a copy of this definition of HAVING SELECTED ONE OF
the Adjudicator. THESE ARRANGEMENTS PLEASE
The referring Party pays the administrative charge made by the DELETE THE ROW WHICH DOES
SA Division of the Users Group. NOT APPLY & delete the
The Parties accept the person appointed and this person is also highlighting if this alternative is used.
Adjudicator for later disputes.

The Works Information is in Say in what documents the Works

Information is located. If referring to
published standards give date,
reference, and revision number

The Site Information is in Say in what documents the Site

dated reference . Information is located. e. g.
Geotechnical reports,
hydrographical data

Ref No. ____________ Page 4 of 18 C1.2 Contract Data ECC2

 The Partnering Information is in Only include and complete if the
NEC partnering Option X12 is
dated reference . used.
State where the PI is to be found.
Partnering Information includes
any requirements for:
use of common information systems,
sharing of offices,
attendance at Partners and Core
Group meetings,
participation in partnering
workshops,
arrangements for joint design
development,
value engineering and value
management,
risk management, and
other matters that the Core Group
manages.
This information should not duplicate
requirements in the bi-party contracts

The boundaries of the site are Either refer to a drawing or give

narrative description

The law of the contract is the law of the Republic of Botswana, Some contractors may insist on the
subject to the jurisdiction of the Courts of Botswana. use of other legal systems

The language of this contract is English.

The period for reply to a communication is weeks. Normally this would be 2 weeks.

2. The Contractor's main responsibilities

The Contractor's liability for Defects due to his design that are not The limit here only applies after the
listed on the Defects Certificate is limited to . Defects Certificate has been issued.
See guidance for clause 21.5 in
ECC-GN p 34

3. Time
The starting date is . This is the date work on the contract
starts and is the anchor for the
programme. It may be well before
moving onto Site and has nothing to
do with the Contract Date which is
when the contract comes into effect

The possession dates are It may be necessary to state

possession date (and completion
Part of the Site Date date) as a period in weeks after the
1. starting date (described as within a
certain quarter of the year) at tender
2. stage. However this must be
replaced by actual calendar dates in
3. all cases before contract award.

Ref No. ____________ Page 5 of 18 C1.2 Contract Data ECC2

 The Contractor is to submit a first programme for acceptance within Insert only if the Contractor was
weeks of the Contract Date. NOT required to submit the first
programme with his tender. Two
weeks is suggested.

The Contractor submits revised programmes at intervals no longer Four weeks is commonly used. See
than weeks. Clause 32 for other things that can
trigger a revised programme

The completion date for the whole of the works is . If the Contractor is being allowed
to propose the completion date,
there is provision for this
statement in Contract Data part
two and this row would need to
be deleted.

The Employer is not willing to take over the works before the Decide if the Employer is able to
Completion Date. take over the works if the
Contractor finishes early (before
the Completion Date). If he is
then delete this row.

Option L Only complete and include if

sectional completion Option L is
The completion date for each section of the works is used
Section Description Completion
date

1.

2.

3.

4. Testing and Defects

The defects date is weeks after Completion of the whole of As a rule-of-thumb normally
the works. acceptable periods are:
construct only 52 weeks
design and build 104 weeks
process plant 156 weeks (or
longer should be considered).

The defect correction period is weeks. If the defect correction period is

needlessly short it will increase the
Contractors risk of high costs
(standby stock, mobilisation etc). For
some contracts different periods
may be applied to different
categories of defects.

5. Payment

The assessment interval is between 12:00 hours on the day The assessment interval is not the
of each successive month. same as the payment period. Set to
suit the procedures of the parties,
typically the 28th day of the month.

Ref No. ____________ Page 6 of 18 C1.2 Contract Data ECC2

 The currency of this contract is the Botswana Pula. Select Option K if certain activities
are to be paid for in other currencies

The interest rate is % per annum above Bank of Botswana The rate is intended to be sufficiently
Base Rate. high to deter late payment with a
minimum of 2%

The period within which payments are made is weeks. Only complete and include if the
default payment (Clause 51.2) of 3
weeks is not appropriate.
However best practice requires
payment be made promptly.
Never exceed 30 days

Option B or D Only include if Options B or D are

selected. The most likely choice
The method of measurement is published by . is Section 8 of the SABS 1200
Amendments to the method of measurement are included in the series of specifications.
Pricing Instructions at the front of the bill of quantities.

Option C or D Only complete and include if

Option C or D is selected.
The Contractor's share percentages and the share ranges are The range and percentage need to
be carefully considered having
Share range Contractor's share regard to the nature of the work
percentage and the opportunity to beat the
target and the risk of overspend.
The example figures included in
less than % % the worked example on page 125
of the ECC2 guidance notes have
been used on a number of
From % to % % successful normal risk
contracts. See How practitioners
set share fractions in target cost
From % to % % contracts by Jon Broome & John
Perry, International Journal of
Project Management 20 (2002) 59-
greater than % %
66

Option C, D, E or F Only complete and include if one

of the target or cost reimbursable
The Contractor prepares forecasts of Actual Cost for the works at Options C, D, E or F is selected.
intervals no longer than weeks. The period is usually 4 weeks.

Option C, D, E or F Only complete and include if one

of the target or cost reimbursable
The exchange rates are those published in on (date). Options C, D, E or F is selected.

Option G Only complete and include if the

Performance bond Option G is
The amount of the performance bond is P. selected. Always state an amount
not a percentage.

Ref No. ____________ Page 7 of 18 C1.2 Contract Data ECC2

Option J Only complete and include if the
Advanced payment to the
The amount of the advanced payment is P. Contractor Option J is selected.
The Contractor repays the instalments in assessments starting not The instalments are either an
less than weeks after the Contract Date. amount or a percentage of the
payment otherwise due
The instalments are P.
An advanced payment bond will
An advanced payment bond is required. usually be required. An example
is provided in document C1.3
Forms of Securities

Option K Only complete and include if the

Multiple currencies Option K is
The Employer will pay for the items or activities listed below in the selected.
currencies stated Do not use with main Options C,
D, E and F
Items and activities Currency Maximum payment

The exchange rates are those published in on . (date).

Option N Only complete and include if the

Price adjustment for inflation
The proportions used to calculate the Price Adjustment Factor are Option N is selected
Do not use with main Options E
Proportion linked to the index for prepared by and F

A typical source of indices for

0. southern Africa is Statistics South
Africa or SIEFSA
0.

0.

0.

0. non-adjustable

1.00

The base date for indices is .

Ref No. ____________ Page 8 of 18 C1.2 Contract Data ECC2

Option P Only complete and include if the
Retention Option P is selected.
The retention free amount is . Do not use with main Option F
The retention percentage is % Considerable savings to the
Employer are possible if the
retention free amount is set as
high as 50%.
The retention % can vary from 5%
if no retention free amount is
used to 10% if it is a high as 50%.

Options L and Q used together Only complete and include if

Sectional Completion Option L
The bonuses for the sections of the works are and Bonus for early Completion
Option Q are both selected
Section Description Amount per day

1.

2.

3.

Option Q Only complete and include if

Bonus for early Completion
The bonus for the whole of the works is per day option Q is selected

Options L and R used together Only complete and include if

Sectional Completion Option L
Delay damages for the sections of the works are and Delay damages Option R are
both selected.
Section Description Amount per day

1.

2.

3.

Option R Only complete and include if

Delay damages Option R is
Delay damages for the whole of the works are per day selected (whether or not Sectional
Completion Option L is also
selected)

Option S Only complete and include if Low

The amounts for low performance damages are
Amount
P for
performance damages Option S is
selected.
It may be necessary to refer to an
Performance level attached schedule as the
descriptions of performance level
are not likely to be brief.

P for

Ref No. ____________ Page 9 of 18 C1.2 Contract Data ECC2

6. Compensation events

These are additional compensation events Only complete and include if

there are additional compensation
60.1 (19) . events. See ECC2 Guidance
60.1 (20) . Notes page 57. Generally not
used.

The place where weather is to be recorded is . Weather should be measured either

on the Site (if large project) or at
The weather measurements to be recorded for each calendar nearby weather installation. For a
month are transmission line or major road
project the Site may need to be
the cumulative rainfall (mm)
divided up into weather zones each
the number of days with rainfall more than 10 mm with its own recording station
the number of days with minimum air temperature less than 0
degrees Celsius
the number of days with snow lying at hours GMT
and these measurements:
Other measurements may arise due
to special conditions such as sea
states, windspeed etc.
The weather data are the records of past weather measurements
The Project Manager needs to be in
for each calendar month which were recorded at and which
possession of the 1in10 year return
are available from .
data before work starts on Site.
See pages 59 and 60 of the ECC
Guidance Notes. Local weather
bureau should be able to provide 1
in 10 return figures for main centres.
Otherwise use assumed values as
an alternative

Assumed values for the ten year return weather data for each Use as an alternative to the above
weather measurement for each calendar month are: if no recorded weather data is
available

7. Title

There is no Contract Data required under this heading

8. Risks and insurance

These are additional Employer's risks The final bullet point of 80.1
allows the introduction of
additional Employer's risks.
Normally this will be deleted.

The amount of the minimum limit of indemnity for insurance in This is the minimum third party
respect of loss of or damage to property (except the works, Plant, insurance cover. Probably set in
Materials and Equipment) and liability for bodily injury to or death of accordance with Government
a person (not an employee of the Contractor) due to activity in practice.
connection with this contract for any one event is P.

Ref No. ____________ Page 10 of 18 C1.2 Contract Data ECC2

 The amount of the minimum limit of indemnity for insurance in This may be governed by law.
respect of death of or bodily injury to employees of the Contractor Check this and above with
arising out of and in the course of their employment in connection Botswana government.
with the contract is P.

The insurance against loss of or damage to the works, Plant and Use this clause only if the
Materials is to include cover for Plant and Materials provided by the Employer is to provide Plant and
Employer for an amount of. Materials

The Employer provides these insurances from the Insurance Table Use (see clause 84.1) if the
Employer is to provide any of the
Insurance against Cover/indemnity Deductibles insurances stated in the
(excess) Insurance Table
1

The Employer provides these additional insurances Use (see Clause 84.1) if any other
Employer provided insurances
Insurance against Cover/indemnity Deductibles are needed, state their nature and
(excess) the amount of cover.
1

The Contractor provides these additional insurances. Use (see Clause 84.1) if any other
Contractor provided insurances
Insurance against Cover/indemnity Deductibles are needed. State their nature and
(excess) the amount of cover
1

9. Disputes and termination

The person who will choose a new adjudicator if the Parties cannot The southern Africa Administrator of
agree a choice is the NEC Users Group, Mr B V Oliver
on bvoliver@mweb.co.za can be
nominated, as he administers the
List of accredited NEC adjudicators
for South Africa.
Otherwise the ICE in London has a
sound process for appointing NEC
qualified adjudicators, including for
building and process plant projects.
(drick.vernon@ice.org.uk)

This is a selection between

The tribunal is . arbitration or reference to the Court
having jurisdiction. If arbitration is
selected include the next
statement.

Ref No. ____________ Page 11 of 18 C1.2 Contract Data ECC2

 The arbitration procedure is that contained in the Arbitration Act of A default procedure has been
Botswana and that the arbitration will be conducted in Botswana. inserted for use when arbitration
is selected. Other procedures
could be The Rules of the
Association of Arbitrators by an
Arbitrator to be mutually agreed by
the Parties, and failing agreement,
to be appointed by the Association
of Arbitrators or use ICC rules.

10.The additional conditions of contract are WARNING: If Option Z Clauses are

required, the overall effect on the
Option Z1: contract must be carefully
considered. The very concise
drafting of the ECC can mislead
Option Z2:
even trained people to think it is
easy to amend. In fact the clauses
Option Z3: are very closely interlinked and
additional clauses can cause
unexpected results. Always consult
an NEC expert before introducing
non-standard amendments.

Ref No. ____________ Page 12 of 18 C1.2 Contract Data ECC2

Republic of Botswana CONTRACT PART 1 CONTRACT DATA
AGREEMENTS & CONTRACT NEC Engineering & Construction
DATA Contract (ECC) 2nd Edition
November 1995
Ref No

Contract Data
This Contract Data consist of two parts. Part One contains information provided by the Employer. Part Two contains
information provided by the Contractor.

Part two - Data provided by the Contractor

The tendering contractor is advised to read both the NEC Engineering and Construction Contract 2 nd Edition
1995 (ECC2) and the relevant parts of its Guidance Notes (ECC2-GN) in order to understand the implications of
this Data which the tenderer is required to complete.

An example of the completed Data is provided on pages 121 to 129 of the ECC Guidance Notes.

When completing the Data, first study Part 1 Data provided by the Employer, by following together
with pages 55 to 62 of ECC2 (the Black Book) and then follow pages 63 to 65 for this Part 2 Data
provided by the Contractor.

This form is designed to be completed electronically by filing in the fields where data is required.

Tenderers drafting Drafting Instructions

instructions: The Procuring Dept:
Complete data in Decides which
the left column options (indicated
If returned below in BOLD
electronically, TYPE) to select
delete the whole and then deletes
of this column, the rows for
and options not
selected.
drag this line to
right hand Deletes this whole
boundary right column and
drags this line to
before submitting the right hand
tender. boundary before
issuing as a
tender.

The Contractor is Name and address of

tenderer.

of
Telephone Fax Contact details of
responsible key person
Email within the tenderers
organisation

Ref No. ____________ Page 13 of 18 C1.2 Contract Data ECC2

 The fee percentage is % The fee percentage is
essentially contractors
cost NOT listed in the
Schedule of Cost
Components (pages 49
to 53) and profit. In
effect this is head office
overheads and profit.
See ECC GN p28 on
CL.11.2 (17) and
Clause 52.1 on p14 of
ECC2
The working areas are the Site and . State areas not
included within the
definition of Site that
are to be used solely
for construction of the
works. For example a
dedicated fabrication
yard, concrete batching
plant, or lay down
areas.
(The Contractors
base factory or head
office is NOT a
working area)
The Contractor's key people are: Name key people to be
working on the contract:
1 Name typically at least:
Director / Senior
Job Manager
Contract Manager
Responsibilities Site Manager
Qualifications Include a CV if
appropriate.
Experience See GN on CL.24
2 Name

Job

Responsibilities

Qualifications

Experience

3 Name

Job

Responsibilities

Qualifications

Experience

CV's (and further key peoples' data including CVs) are Delete statement in
appended to the Tender Schedule entitled brackets if no further
Management Plan. key people need be
identified.

Ref No. ____________ Page 14 of 18 C1.2 Contract Data ECC2

 The Works Information for the Contractor's design This will be required in Optional. To be
response to the included in contract
is in Tendering Procedures data only if the
dated and Tender Schedules. Contractor is to
Once accepted it provide Works
reference becomes a contractual Information for his
obligation. design
The programme identified in the Contract Data See Clause 31.2 for the Optional but this will
detail required to be normally be required
is shown on the main purpose is to
dated programme. Note that inform how the
it includes method Contractor intends to
reference statements. carry out the work and
revision . how it affects the
Employers other
activities
The completion date for the whole of the works is The Contractor is Optional. Normally
asked to tender the this is NOT required
completion date for the as the Procuring
whole of the works, Department will
rather than the decide the completion
Employer specify the date and state this in
date. This would be Part 1 of this Contract
inserted in place of the Data.
one in Part 1.

The activity schedule is in the Returnable Documents The activity schedule is Only include if main
developed and priced Option A or C has
by the tenderer. been selected
The bill of quantities is in the Returnable Documents The bill of quantities is Only include if main
prepared by the Option B or D has
Employer and priced by been selected.
the tenderer.
The tendered total of the Prices is Only include if main
Option A, B, C or D is
(in figures) selected. Revise if
(in words), requiring price to be
inclusive of VAT / Sales
excluding VAT / Sales Tax Tax

Ref No. ____________ Page 15 of 18 C1.2 Contract Data ECC2

Data for Schedule of Cost Components
Include sufficient Must be included even
The hourly rates for Actual Cost of manufacture or categories to enable
fabrication outside the Working Areas are if initially there appears
costs incurred outside to be no possibility of
the Working Areas to work occurring outside
Category of employee Hourly rate be identified. the Working Areas.
Do not include This may change when
overhead costs in the a compensation event
rate. arises through a
It may be necessary to change to the Works
identify different Information.
overhead rates for
specialist work or
different factory Not required for an
locations. Option F contract.

See page 59 of ECC-

The percentage for manufacture and fabrication overheads GN
is %

The hourly rates for Actual Cost of design outside the See ECC-GN page 100 Must be included even
Working Areas are if initially there appears
to be no possibility of
Do not include
Category of employee Hourly rate design occurring
overheads in hourly
outside the Working
rate. These rates must
Areas. This may
be estimates of
change when a
payments that an
compensation event
employee is likely to
arises through a
receive for his work.
change to the Works
Information.

Not required for an

Option F contract.

Ref No. ____________ Page 16 of 18 C1.2 Contract Data ECC2

 The percentage for design overheads is % OR state selling rate
for the employee, but
indicate a zero
The categories of design employees whose travelling
percentage for design
expenses to and from the Working Areas are included
overheads.
in Actual Cost are:
.

Not used with the Shorter Schedule of Cost This section must be
Components completed for all
contracts
Except for special items the percentage for Equipment Allows for maintenance See SCC 22.
depreciation and maintenance is % to be included in See ECC GN (page 97)
equipment costs for Percentage for
See SCC 22 Equipment depreciation
and maintenance.
The percentages for depreciation and maintenance for Include special
special items of Equipment are equipment for which
special depreciation
Equipment Size or Capacity % rates will apply, e.g.
dredgers, drilling
platforms etc.

The percentage for Working Areas overheads is This percentage is part

% of the build up of Actual
Cost and is applied to
the total of people items
11,12 and 13 in the
Schedule of Cost
Components.
See SCC 44.

Ref No. ____________ Page 17 of 18 C1.2 Contract Data ECC2

Only used with the Shorter Schedule of Cost This section must be
Components completed for all
contracts

The percentage for People overheads is % Short method people

overheads include extra
items to the main
schedule.
See GN on the Shorter
SCC (Page 101)
The published list of Equipment is the last edition of the Published lists are often
list published by unrepresentative of
competitive prices and
The percentage for adjustment for listed Equipment is if published rates
% exceed the Contractors
cost, the percentage for
adjustment should be
negative.
Include special To ensure consistency
The rates of other Equipment are equipment not covered in bidding it may be
by published lists. necessary for the
Equipment Size or Capacity Rate For example dredgers, Department to
special cranes, or complete details of any
batching plant Equipment that must
be priced here.

Ref No. ____________ Page 18 of 18 C1.2 Contract Data ECC2