General Conditions for Information Technology Contracts

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 13 of 52Contractor shall not, without the prior consent of the Superintendent, revoke the appointmentof the Contractor’s Representative or appoint a replacement.16.2 The Contractor, unless specified otherwise in the Contract Specification, shall employ a fulltime English-speaking engineer or supervisor on the Services who shall be qualified, skilledand experienced in work of similar character to the Services, but who shall not be engaged onthe Services without the Superintendent’s prior approval and shall not be removed from theServices without the Superintendent’s prior agreement. Subject to the specific agreement ofthe Superintendent, such engineer or supervisor may also carry out the duties of theContractor’s Representative specified in clause 16.1.17. CONTRACTOR’S PERSONNEL17.1 The Contractor, within the period specified in the Contract Specification, shall submit CVs ofall Contractor’s personnel it proposes to employ on the Services, for approval by theCompany. The Company may reject any CV without providing any reason. The Contractorshall not remove any personnel approved by the Company from the Services without thewritten consent of the Superintendent.17.2 The Contractor shall ensure the continuous service of its personnel according to themanpower histogram issued with the Programme. In case it becomes necessary to replace anyof the Contractor’s personnel, such replacement shall be coordinated with the Superintendentnot to cause disturbance to the Services.17.3 The Contractor shall provide and employ in connection with the execution and completion ofthe Services all required personnel including engineers, supervisors, foremen, skilled andunskilled labour and any other necessary personnel. The Contractor shall ensure that theskilled personnel to be employed for the Services are fully qualified with proven experienceand are employed only after passing the trade tests conducted by the Company. TheContractor shall be responsible for the professional and technical competence of its personneland shall employ personnel who will perform effectively, respect local customs and conformto a high standard of moral and ethical conduct.17.4 The Contractor, four (4) weeks prior to the Date for Commencement unless otherwisespecified in the Contract Specification shall provide details of the key and skilled personnel itproposes employing on the Services for evaluation and approval by the Company. TheCompany shall inform the Contractor of those personnel that are approved by the Company.The Company may interview and trade test any of the Contractor’s personnel in the Companypremises in Kuwait prior to their employment on the Services or at any time thereafter. TheContractor shall arrange such interview in consultation with the Company. The Companyshall not be held responsible for any delay due to its non acceptance of the proposedcandidates. The approved Contractor’s personnel shall not be removed from the Serviceswithout the prior approval of the Superintendent.17.5 The Contractor. if so directed, shall promptly remove any of the Contractor’s andSubcontractor’s personnel where the Superintendent reasonably considers such person hasmisconducted himself or is incompetent or negligent in the performance of its duties, or is notconforming with any provision of the Contract or persists in any conduct which is prejudicialto safety, health, or protection of environment, or whose employment is otherwise consideredby the Superintendent to be undesirable, without having to state any particular reasontherefor. Such a person shall not be again employed on the Services without the permissionMarch 2011
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (Rev March 2011)Page 14 of 52of the Superintendent. Any person so removed from the Services shall be promptly replacedby the Contractor with one acceptable and at no cost to the Company.17.6 The Contractor shall ensure that its manpower is under its direct sponsorship or under thesponsorship of Company approved Subcontractor, and that such manpower is adequate for theperformance of the Services and shall remain available under its or its Subcontractor'ssponsorship throughout the Contract Period.17.7 The Superintendent, in the event that adequate supervision is not provided by the Contractor,may suspend the Services, in which event the Contractor shall not be entitled to make anyclaim for any consequent additional cost or lost time including delay cost.17.8 The Contractor shall keep updated complete and detailed records of the names and categoriesor trade of all personnel employed by it from time to time, including time sheets stating thehours worked and wages paid to them in connection with the execution of the Contract andsuch records shall be made available to the Superintendent for inspection on his direction.17.9 The Contractor shall not employ any person who has resigned or been discharged from theCompany, or from other contractors hired by the Company, or their subcontractors, without awritten release from such employers or until a period of not less than twenty-six (26) weekshas elapsed since the person’s last working day on the staff of such employer.17.10 The Contractor, for all key personnel employed for the Contract, shall provide mobile phonesfor communication with the Company personnel.17.11 The Contractor shall transport its personnel to and from the Site, in and about the Services andshall ensure their punctual arrival at the Site. Such transportation shall be in the cabs of trucks,passenger cars or buses that are safe, reliable, roadworthy and suitable for the Site conditions.17.12 Where the Services, or part of the Services, are to be performed within the restricted area atMina-al-Ahmadi, Mina Abdulla, Shuaiba Oil Piers or Field Areas in South East, West andNorth Kuwait the Contractor shall be deemed to have made allowance in the Contract Pricefor the cost of messing arrangements for its employees as provided by the Kuwait NationalPetroleum Company or the Company or their catering contractors as the case may be.17.13 The Company, where any of the Contractor’s personnel detailed in the Contract are absentwithout the Company’s approval, shall deduct the appropriate amount in accordance with theunit rates for such personnel stated in the attachments to the Form of Tender or as stipulatedelsewhere in the Contract.17.14 The Company may before the Date for Commencement or at any time thereafter require anyof the Contractor’s personnel to undergo a medical fitness examination at no extra cost to theCompany. In the event the Contractor’s personnel fails such examination the personnel shallnot be engaged on the Services or be removed from the Services (as the case may be) andshall be replaced by the Contractor by a personnel who is medically fit, the cost of whichshall be deemed to have been built in the Contract price.17.15 The Contractor shall provide for its personnel, and maintain in good standard of repair andcleanliness, uniforms, overall, boiler suits, gloves, footwear and other necessary protectiveclothing as required by the nature of Services to be performed and as specified in theCompany’s HSEMS Guidelines for Contractors and as directed by the Superintendent or theMarch 2011
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General Conditions for Information Technology Contracts

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