THE PUBLIC PROCUREMENT REGULATIONS, 2013

1. Bid-Securing Declaration Date: [insert date (as day, month and year)] Bid No.: [insert number of bidding process] Alternative No.: [insert identification No if this is a Bid for an alternative] To: [insert complete name of Procuring Entity] We, the undersigned, declare that: We understand that, according to your conditions, bids must be supported by a Bid- Securing Declaration. We accept that we will automatically be suspended from being eligible for bidding in any contract with the Purchaser for the period of time of [insert number of months or years] starting on [insert date], if we are in breach of our obligation(s) under the bid conditions, because we: (a) (b) have withdrawn our Bid during the period of bid validity specified in the Form of Bid; or having been notified of the acceptance of our Bid by the Purchaser during the period of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance with the ITB. We understand this Bid Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty-eight days after the expiration of our Bid. Signed: [insert signature of person whose name and capacity are shown] In the capacity of [insert legal capacity of person signing the Bid Securing Declaration] Name: [insert complete name of person signing the Bid Securing Declaration] Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] 294 GN. No. 446 (contd.) Public Procurement Dated on ____________ day of __________________, _______ [insert date of signing] Corporate Seal (where appropriate)

2.Bid Security (Bank Guarantee) [If required, the Bank/Bidder shall fill in this Bank Guarantee form in accordance with the instructions indicated in brackets .] ________________________________ [insert bank’s name, and address of issuing branch or office] Beneficiary: [insert name and address of Employer] Date:[insert date] BID GUARANTEE No.: [insert number] We have been informed that [insert name of the Bidder; if a joint venture, list complete legal names of partners] (hereinafter called "the Bidder") has submitted to you its bid dated [insert date] (hereinafter called "the Bid") for the execution of [insert name of Contract] under Invitation for Bids No. [insert IFB number] (“the IFB”). Furthermore, we understand that, according to your conditions, Bids must be supported by a Bid Guarantee. At the request of the Bidder, we [insert name of bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in figures expressed in the currency of the Purchaser’s Country or the equivalent amount in an international freely convertible currency] ([insert amount in words]) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder: (a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or (b) does not accept the correction of errors in accordance with the Instructions to Bidders (hereinafter “the ITB”) of the IFB; or (c) having been notified of the acceptance of its Bid by the Employer during the period of bid validity, (i) fails or refuses to execute the Contract Form, 295 GN. No. 446 (contd.) Public Procurement if required, or (ii) fails or refuses to furnish the Performance Security, in accordance with the ITB. This Guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of the Contract signed by the Bidder and of the Performance Security issued to you by the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder that the Bidder was unsuccessful, or (ii) twenty-eight days after the expiration of the Bidder’s Bid. Consequently, any demand for payment under this Guarantee must be received by us at the office on or before that date. _____________________________ [signature(s) of authorized representative(s) ]

3.Form of Bid Security (Bid Bond) [If required, the Surety/Bidder shall fill in this Bid Bond Form in accordance with the instructions indicated in brackets.] BOND NO. [insert Bond number] BY THIS BOND [insert name of Bidder; if joint venture, insert complete legal names of partners] as Principal (hereinafter called “the Principal”), and [insert name, legal title, and address of Surety], authorized to transact business in [insert name of country of Employer], as Surety (hereinafter called “the Surety”), are held and firmly bound unto [insert name of Employer] as Obligee (hereinafter called “the Employer”) in the sum of [insert amount in figures expressed in the currency of the Purchaser’s Country or the equivalent amount in an international freely convertible currency] [insert amount in words], for the payment of which sum, well and truly to be made, we, the said Principal and Surety, bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a written Bid to the Employer dated the [number] day of [month], [year], for the construction of [insert name of Contract] (hereinafter called the “Bid”). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal: 296 GN. No. 446 (contd.) Public Procurement (1) (2) (3) withdraws its Bid during the period of bid validity specified in the Form of Bid; or refuses to accept the correction of its Bid Price, pursuant to ITB Sub-Clause

27.2; or having been notified of the acceptance of its Bid by the Employer during the period of Bid validity; (a) (b) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders; then the Surety undertakes to immediately pay to the Employer up to the above amount upon receipt of the Employer’s first written demand, without the Employer having to substantiate its demand, provided that in its demand the Employer shall state that the demand arises from the occurrence of any of the above events, specifying which event(s) has occurred. The Surety hereby agrees that its obligation shall remain in full force and affect up to and including the date 28 days after the date of expiration of the Bid validity as stated in the Invitation to Bid or extended by the Employer at any time prior to this date, notice of which extension(s) to the Surety being hereby waived. IN TESTIMONY WHEREOF, the Principal and the Surety have caused these presents to be executed in their respective names this [insert number] day of [month], [year] Principal: _______________________Surety: __________________________ _______________________________ [insert signature(s) of authorized representative(s)] _____________________________ _ [insert printed name and title] Corporate Seal (where appropriate) ____________________________ [insert signature(s) of authorized representative(s)] ____________________________ [insert printed name and title]

4.Performance Bank Guarantee [Unconditional] [The bank/successful Bidder providing the Guarantee shall fill in this form in accordance with the instructions indicated in brackets, if the Employer requires this type of security.] [insert bank’s name, and address of issuing branch or office] 297 GN. No. 446 (contd.) Public Procurement Beneficiary:[insert name and address of Employer] Date:[insert date] PERFORMANCE GUARANTEE No.:[insert Performance Guarantee number] We have been informed that [insert name of Contractor] (hereinafter called "the Contractor") has entered into Contract No. [insert reference number of the Contract] dated with you, for the execution of [insert name of Contract and brief description of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, a performance guarantee is required. At the request of the Contractor, we [insert name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [insert amount in figures] ([insert amount in words]), such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein. This guarantee shall expire no later than twenty-eight days from the date of issuance of the Taking-Over Certificate, calculated based on a copy of such Certificate which shall be provided to us, or on the [insert number day of [insert month], [insert year], whichever occurs first. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. [signature(s) of an authorized representative(s) of the Bank]

5.Performance Bond [The Surety/successful Bidder providing the Bond shall fill in this form in accordance with the instructions indicated in brackets, if the Employer requires this type of security] By this Bond, [insert name and address of Contractor] as Principal (hereinafter called “the Contractor”) and [insert name, legal title, and address of surety, bonding company, or insurance company] as Surety (hereinafter called “the Surety”), are held and firmly bound unto [insert name and address of Employer] as Obligee (hereinafter called “the Employer”) in the amount of [insert amount of Bond] [insert amount of Bond in words], for the payment of which sum well and truly to be made in the types and proportions of currencies in which the Contract Price is payable, the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 298 GN. No. 446 (contd.) Public Procurement Whereas the Contractor has entered into a Contract with the Employer dated the [insert number] day of [insert month], [insert year] for [insert name of Contract] in accordance with the documents, plans, specifications, and amendments thereto, which to the extent herein provided for, are by reference made part hereof and are hereinafter referred to as the Contract. Now, therefore, the Condition of this Obligation is such that, if the Contractor shall promptly and faithfully perform the said Contract (including any amendments thereto), then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Contractor shall be, and declared by the Employer to be, in default under the Contract, the Employer having performed the Employer’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) complete the Contract in accordance with its terms and conditions; or (2) obtain a Bid or bids from qualified bidders for submission to the Employer for completing the Contract in accordance with its terms and conditions, and upon determination by the Employer and the Surety of the lowest responsive Bidder, arrange for a Contract between such Bidder and Employer and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “Balance of the Contract Price,” as used in this paragraph, shall mean the total amount payable by the Employer to the Contractor under the Contract, less the amount properly paid by the Employer to the Contractor; or (3) pay the Employer the amount required by the Employer to complete the Contract in accordance with its terms and conditions up to a total not exceeding the amount of this Bond. The Surety shall not be liable for a greater sum than the specified penalty of this Bond. Any suit under this Bond must be instituted before the expiration of one year from the date of issuance of the Certificate of Completion. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Employer named herein or the heirs, executors, administrators, successors, and assigns of the Employer. In testimony whereof, the Contractor has hereunto set its hand and affixed its seal, and the Surety has caused these presents to be sealed with its corporate seal duly attested by 299 GN. No. 446 (contd.) Public Procurement the signature of its legal representative, this [insert day] day of [insert month], [insert year]. Signed by [insert signature(s) of authorized representative(s) ] on behalf of [name of Contractor] in the capacity of [insert title(s)] In the presence of [insert name and signature of witness] Date [insert date] Signed by [insert signature(s) of authorized representative(s) of Surety] on behalf of [name of Surety ] in the capacity of [insert title(s)] In the presence of [insert name and signature of witness] Date [insert date]

6. Bank Guarantee for Advance Payment [Bank’s Name, and Address of Issuing Branch or Office] Beneficiary: ___________________ [Name and Address of Employer] Date: ________________ ADVANCE PAYMENT GUARANTEE No.: _________________ We have been informed that [name of Contractor] (hereinafter called "the Contractor") has entered into Contract No. [reference number of the contract] dated ______ with you, for the execution of [name of contract and brief description of Works] (hereinafter called "the Contract"). Furthermore, we understand that, according to the conditions of the Contract, an advance payment in the sum [amount in figures] ( ) [amount in words] is to be made against an advance payment guarantee. At the request of the Contractor, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ( ) [amount in words] upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation under the Contract because the Contractor used the advance payment for purposes other than the costs of mobilization in respect of the Works. It is a condition for any claim and payment under this guarantee to be made that the advance payment referred to above must have been received by the Contractor on its account number ___________ at _________________ [name and address of Bank]. 300 GN. No. 446 (contd.) Public Procurement The maximum amount of this guarantee shall be progressively reduced by the amount of the advance payment repaid by the Contractor as indicated in copies of interim statements or payment certificates which shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim payment certificate indicating that eighty (80) percent of the Contract Price has been certified for payment, or on the ___ day of _____, 2___, whichever is earlier. Consequently, any demand for payment under this guarantee must be received by us at this office on or before that date. Yours truly, Signature and seal: Name of Bank/Financial Institution: Address: Date: Dar es Salaam, SAADA MKUYA SALUM, December, 2013 Acting Minister for Finance 301