Professional Documents
Culture Documents
TENDER DOCUMENT
AUGUST 2016
LEI3268PLAZAADVANCEWORKSEARTHWORKSandFOUNDATIONS
TableofContents
Section
SECTIONA
SECTIONB
INSTRUCTIONSTOTENDERERS
FORMOFTENDER
AppendixAFormofAgreement
Pages
8pages
17pages
AppendixBFormofPerformanceBond
AppendixCAdvancePaymentGuarantee
AppendixDContractorSiteEngineerDetails
AppendixETechnicalTenderDeliverables
AppendixFHSEStatementofCompliance
AppendixGConfidentiality&NonuseAgreement
AppendixHFormofTenderBond
SECTIONC
SCOPEOFWORK
1pageinCDenclosed
SECTIOND
PARTICULARPROJECTSPECIFICATION
RefertoCDenclosed
SECTIONE
AKTII3789TheWaveMuscatPlaza,StageD/Schematic
November2015report
DRAWINGS
Drawing3834/4594/S100R2FoundationandColumLayout
1page
1page
PlazaColumnProximitytoQuayWallSketch
1page
ACMEReDesignExercise17June2016
1to28
Description
1to32
RefertoCDenclosed
Page1of2
LEI3268PLAZAADVANCEWORKSEARTHWORKSandFOUNDATIONS
TableofContents
Section
Description
Pages
SECTIONF
BILLOFQUANTITIES
RefertoCDenclosed
Bill1Preliminaries
1/1to1/38
Bill2ScopeofWorks
2/1to2/2
Bill3ProjectSpecification
3/1to3/2
Bill4Preambles
4/1to4/13
Bill5Unused
Nil&N/A
Bill6ExternalWorks
6/1to6/7
Bill7PrimeCostsandProvisionalSums
7/1to7/4
Bill8Dayworks
8/1to8/7
ProjectSummarybyBill
AttachmentConditionsofParticularApplication(Part2)
AppendixIProjectInsurance
AttachmentConditionsofParticularApplication(Part1)
1page
34pages
32pages
2pages
SECTIONG
TECHNICALINFORMATION
RefertoCDenclosed
G1Programme
1page
G2PlazaHoardingPlan
1page
SECTIONH
G3LogisticsPlanSiteLocation&AccessRoute
2pages
51pagesRefertoCD
enclosed
GENERALREQUIREMENT
Page2of2
SECTIONA
INSTRUCTIONSTOTENDERERS(ITT)
SECTION A
INSTRUCTIONS TO TENDERERS
1.
DEFINITIONS .................................................................................................................. 2
2.
3.
4.
5.
6.
NO ALTERATIONS ........................................................................................................... 3
7.
8.
9.
PRICING ......................................................................................................................... 4
10.
11.
12.
13.
14.
15.
16.
CANVASSING .................................................................................................................. 6
17.
18.
19.
VALIDITY OF TENDER...................................................................................................... 7
20.
21.
22.
INSURANCES .................................................................................................................. 8
23.
WITHHOLDING TAX......................................................................................................... 8
Page 1 of 8
1.
DEFINITIONS
The Tenderer shall note that all capitalized terms e.g. Employer, Engineer, Contractor, are defined
terms as established in the Preliminaries and General Conditions of Contract.
2.
SITE INSPECTION
2.1.
The Tenderer is to visit the site entirely at the tenderers own risk and expense and obtain all
requisite information regarding the nature of the site, local conditions, means of access and
any other matters affecting his tender. Employer will hold a joint site inspection on a date to
be advised to tenderers in due course. Assembly will be at Al Mouj Muscats Project office.
Each contractor is limited to two visitors equipped with their own PPE.
3.
TENDER DOCUMENTS
3.1.
Section A
Instructions to Tenderers
Section B
Section C
Scope of Works
Section D
Section E
Drawings
Section F
Bill of Quantities
Bill No. 1 -
Preliminaries
Bill No. 2 -
Scope of Work
Bill No. 3 -
Bill No. 4 -
Pricing Preambles
Bill No. 5 -
Not Used
Bill No. 6 -
External Works
Bill No. 7 -
Bill No. 8 -
Dayworks
Section G
Section H
General Requirements
4.
TENDER INFORMATION
4.1.
It is the Tenderer's responsibility to obtain all the information required to arrive at his tender
price and no claim for the alteration of the tender amount shall be entertained on the grounds
of failure to obtain accurate information or of any alleged misrepresentation, misinformation
or of any verbal or written instructions or promise given by any person other than that allowed
in the Tender Documents and any official revision notices forwarded from the Engineers.
4.2
Should there be any doubt, inconsistency or obscurity as to the meaning of any of the Tender
Documents, or as to anything to be done or not to be done by the Contractor, or as to these
instructions, or as to any other matter or thing pertaining to the Contract, the Tenderer must
request such required clarification, explanation or interpretation to the Employer in
accordance with the details provided in the Invitation to Tender Letter so as to be received
by the Employer not less than ten (10) days prior to the latest time stated in paragraph 13.5
below for the delivery of Tenders.
4.3
Tenders shall be deemed to include for (i) all items indicated in the Tender Documents in
order to carry out the works to the Engineer's requirements, and (ii) all increases in the cost
of Labour Materials and Construction Plant / tools which may occur after submission of the
tender and during the construction period.
Page 2 of 8
4.4
The Tenderer shall be fully responsible for pricing out of the items contained in the Tender
Documents. The total of the Final Summary shall equal the amount inserted in the Form of
Tender.
4.5
The tender price shall include for all work, both direct and indirect, contained in the Tender
Documents, all work shown on the drawings and included in the specifications.
4.6
Any clarification, interpretation or change of the Tender Documents prior to the specified date
for the delivery of the tender shall be made only by Addenda, and issued to each Tenderer.
Such addenda shall become part of the Tender Documents.
4.7
Neither the Engineer nor the Employer nor any of their respective employees has any authority
to make any representation or to give any explanation to persons tendering as to meaning of
the Contract, the Specification, the Schedule of Prices, the Drawings or other documents, or
as to anything to be done or not to be done by the accepted Contractors, or as to these
Instructions, or as to any other matter or thing so as to bind the Employer or bind or impede
the judgement of the Engineer or the Engineers Representative in the exercise of their power
and duties under the Contract, unless such representation or explanation has been made in
writing and is incorporated in the Formal Agreement when the Contract is signed.
4.8
No claim for increase of the rates shown in the Schedule of Rates or other rates to be determined
as in the Contract defined shall be entertained, nor shall the accepted Contractors be entitled
to make any claim on the ground of any representation or on the ground that they were
supplied with information or given any promise or guarantee by the Employer or the Engineer
or their employees or by other person.
5.
5.1
Possession Date:
Possession of the site shall be given immediately from the date of the Letter of Acceptance and
shall be subject to agreement with the Engineer.
5.2
Completion Date:
The time for completion stated in the Form of Tender shall be calculated from the Date for
Possession.
6.
NO ALTERATIONS
6.1
No alterations must be made to any of the Tender Documents other than as set out in these
Instructions to Tenderers. If any such alterations are made to any of the Tender Documents
or are improperly or not completed, or these "Instructions to Tenderers" are not fully complied
with, then the Tender may be invalidated.
7.
BASE TENDER
7.1
The Tenderers shall in all cases submit a Tender strictly in accordance with the Tender
Documents, without any exceptions, qualifications or Alternatives (referred to as the 'Base
Tender'). The Tenderer is advised to raise Clarification Requests before Clarification Request
Closing Date on all matters that may result in exceptions, qualifications and Alternatives.
Where no Base Tender is submitted the Employer reserves the right to disqualify the Tender
submitted as being invalid.
8.
ALTERNATIVE TENDERS
8.1
The Employer welcomes Alternative Tenders that offer the Employer a benefit in overall costs,
quality and safety etc. or propose incentive schemes that focus on increased operational
efficiency and reduced costs.
8.2
Alternative Tender: - is a Tender for the Work / Services that does not exactly comply with
the Base Tender. This includes all Tenders that include exceptions or qualifications to the
Page 3 of 8
Tender Documentation. The Tenderer shall comply with the following in respect of submission
of Alternative tenders.
8.3
Except for those Alternatives requested by the Employer and provided for in the Schedules of
Prices, Alternative Tenders proposed by the Tenderer shall be submitted in a separate
identifiable attachment to the Base Tender. The Alternative Tenders shall fully detail all
deviations from the Base Tender and list all effects on the Contract Price, rates and prices in
the Schedules, Contract Period, performance of the Work, the Commencement or Termination
Date or any other requirement of the Tender Documents and Addenda thereto. Only those
deviations from the Base Tender as detailed by the Tenderer shall be deemed part of an
Alternative. All other contract requirements shall remain unaltered.
8.4
The Employer shall have the sole right to accept or reject any offered Alternative Tender. The
Employer will not issue information on offered Alternatives to other Tenderers during the
Tender and evaluation period.
9.
PRICING
Note: Issued Tender Documents are to be used for pricing. Pricing on Computer Estimating
Systems shall not be accepted under any circumstances.
9.1
All items in the Tender Documents requested to be completed or priced by the Tenderer are
to be completed or priced and monied out in INK and any alteration must be initialled by the
person signing the Form of Tender. Rates and amounts shall be in numerals in the BOQ (If
applicable), Final amount in the Form of Tender (If applicable) shall be in words and numerals.
The addition of a number of items into one price is expressly forbidden. Each sheet of the
Tender Documents, including all drawings, shall be initialled and stamped on the Tenderer's
company stamp by an authorised principal of the company.
9.2
The Tenderer must have its formal Tender accompanied by a "Power of Attorney" and any
other documents duly authenticated as may be necessary to show evidence that the person
or persons signing and initialling the Tender are duly authorised to bid fully and completely.
9.3
The rates set down by the Tenderer against the items in the Tender Documents are to be the
full inclusive value of the unit amount of the finished work described thereunder and are to
include for all labour (including overtime and incentive overtime), materials, plant, equipment,
/ tools, overheads/ profit and all obligations and liabilities of every kind which under the
Contract are to be borne by the Contractor. The Tenderer's attention is particularly drawn to
Preliminaries in which provision is made for the pricing of the Contractor's general obligations.
Any item not priced either in the Preliminaries section, or elsewhere in the Tender Documents,
shall be deemed to have been allowed for in the prices inserted against other items in the
Tender Documents.
9.4
9.5
Any items contained in the tender documents that are not priced by the tenderer shall be
deemed to be priced elsewhere in the Tender documents.
9.6
The values indicated in the Bills of Quantities against the various items of work shall be
regarded as fixed and the Employer reserves the right to modify said quantities while
maintaining similar values.
9.7
The Tenderer shall allow in his pricing for Preliminaries to incorporate all costs relative to the
Contractual and General Requirement, Establishment, General Management, Operation and
Maintenance and Temporary Works items as described in that Section and required for the
works.
9.8
The Tenderer shall produce a breakdown of rates and / or prices whenever requested during
the post tender and /or construction period.
9.9
Tender Documents shall be priced ensuring that all rates inserted include for all the
requirements of the Tender Documents. The Tenderer should also indicate all other costs not
Page 4 of 8
mentioned in Preliminaries, which the Tenderer requires for completion of the works.
Dayworks and Contingency Sums, where included, shall be priced as indicated in that Section.
9.10
The quoted Tender Price and Rates shall be valid during the whole period of the execution of
the Works. No compensation shall be made due to currency fluctuations, increases in labour
costs, materials costs, consumables or similar items on grounds of escalations of direct and
indirect costs.
10.
10.1
Prior to accepting any Tender, the pricing shall be arithmetically checked and any errors found
shall be corrected and adjusted in the following manner: a) Where the total of arithmetical errors is such that the Amount of Tender would have been
increased, then the individual rates and prices shall proportionally be reduced such that the
Contract price of the awarded contract shall be the same as the Amount in the Form of Tender.
Such Proportional correction shall not apply to any Prime Cost, Provisional Sums included in
the Tender Documents.
b) Where the total of arithmetical errors is such that the Amount of Tender would have been
reduced, then the individual rates and prices shall each be corrected such that the Contract
Price of the awarded contract shall be for the corrected and reduced amount.
10.2
The arithmetical errors defined in 10.1 a) & b) shall be corrected in the manner prescribed for
the purpose of preparing the Contract Documents. The rates and prices, so adjusted, shall
become the Contract Rates and Prices.
10.3
In the event of further negotiations between the Employer and the Tenderer, if any, resulting
in a change to the original tender, the value of the change shall be treated as a discount for
the purposes of this clause. All other terms and conditions remain as stated.
11.
11.1
The Tenderer's attention is drawn to the clauses in the Conditions of the Contract which
prohibit the assignment without the prior consent in writing of the Employer or sub-letting
without the prior consent in writing of the Engineer of the whole or any of the Works. This
requirement shall be strictly applied and disregard of it by the Contractor shall be treated as
grounds for termination of the Contract.
12.
FORM OF TENDER
12.1
The Tender Sum shall be submitted on the separate Form of Tender provided.
12.2
The Forms of Tender must be signed by the principal of the firm or by a person properly
authorised for the purpose and the registered name and address of the Contractor shall be
printed or typed in BLOCK LETTERS in the space provided. Form of Tender that is incompletely
or incorrectly filled in may not be considered. Fully priced Tender Documents shall be returned
at the same time as the Form of Tender (including Appendices).
13.
DELIVERY OF TENDERS
13.1
Tender Documents shall be returned in the same form as issued and not be re-arranged. All
requested data and Addenda shall be submitted with the Tender suitably bound as a separate
document.
13.2
Page 5 of 8
13.3
Tenderer shall submit 1 (one) ORIGINAL and 1 (one) COPY of the tender and 1 CD each.
13.4
Tenders submitted shall be securely wrapped and sealed in plain opaque paper marked with;
Tender ref. number, Tender title, Employer address and marked F.A.O. 'Secretary of the
Tender Committee. No other reference, trademark or means of identification shall appear on
the packaging.
13.5
Tenders shall be delivered no later than 12.00 noon on the Tender Closing Date. Hand
delivered Tenders shall be deposited in the Tender Box located at the Employers Project Office
at Al Hail North.
13.6
Tenders not received by the time stated for receipt of tenders shall not be considered.
14.
TENDER BOND
14.1
The Tenderer shall provide an unconditional Tender Bond obtained from a locally registered
bank, valid for 90 days, with a provision for extension upon mutual agreement, in favour of
the Employer in an amount equal to two (2) percent of the Tender Sum stated in the Form of
Tender. Such bond shall provide a surety or sureties satisfactory to the employer to be jointly
and severally bound with the Tenderer in a form approved by the Employer. The Tender Bond
is to be submitted along with the Tender Document.
14.2
14.3
The Tender Bond submitted by unsuccessful Tenderers will be discharged 90 days after the
fixed date for delivery of Tenders to the Employer, or such earlier date as a Tender shall have
been accepted by the Employer and a Performance Bond shall have been duly provided by
the Tenderer whose Tender is accepted.
14.4
Notwithstanding the above period of 90 days, the Tender bond provided by the Tenderer
whos Tender is accepted shall be discharged only upon receipt by the Employer of the
performance Bond referred to and defined elsewhere in these Tender Documents.
14.5
If the Tenderer whose Tender is accepted fails to provide the above mentioned Performance
Bond within the time required under the Conditions of Contract, the full amount of the Tender
Bond shall become payable to the Employer as compensation for such default.
15.
OPENING OF TENDERS
15.1
The Tenders will be opened, in private, at the offices of the Employer. The Employer does not
bind himself to accept the lowest or any Tender and shall not assign any reason for the
rejection of any Tender.
15.2
The Tenderer must be prepared to visit the Employers offices in the period of the Tender
evaluation to clarify and/or amplify any part of his Tender submission in order to satisfy the
Employer that he has carefully considered all matters affecting the execution of the work. All
costs in connection with preparing and delivering the Tender and in connection with the above
visits shall be borne by the Tenderer.
16.
CANVASSING
16.1
Any form of canvassing is strictly prohibited. If a Tenderer makes any representation intended
to influence the consideration of the tenders either directly or indirectly, the Employer reserves
the right to disqualify his Tender.
17.
LABOUR REGULATIONS
17.1
All arrangements which affect the engagement, transport, payment, subsistence and housing
of labour and other matters in connection therewith shall be subject to the regulations and
codes of the Sultanate of Oman now in force or which may be made from time to time during
the period of the contract.
Page 6 of 8
17.2
The Tenderers attention is particularly drawn to the following regulations, briefly summarised
below in respect of accommodation and importation of labour, and the Tenderer is advised to
examine these regulations in detail before submitting his Tender.
a) Royal Decree 13/77 which states that no foreign Consultancy Company working in the
Sultanate of Oman, with the exception of those granted special licence by the Ministry of
Commerce and Industry may build or establish any housing scheme for the benefits of their
employees and workmen. Housing and accommodation should be rented.
b) Royal Decree 86/84 which states that all goods imported to the Sultanate of Oman shall comply
with Omani Standards where such standards exist.
c)
Ministry of Health Ministerial Decision 1/75 which imposes precise rules for labour imported
to the Sultanate of Oman.
17.3
The Tenderer shall make every effort to employ Omanis of the requisite skills for the execution
of the Contract. In the event of insufficient skilled labour being available and the Tenderer
wishing to employ nationalities other than Omanis, he must ascertain whether the necessary
entry permits may be obtained. No foreign labour shall be employed without the necessary
approvals.
18.
FORM OF CONTRACT
18.1
The Form of Contract will be the FIDIC Conditions of Contract for Works of Civil Engineering
Construction Fourth Edition 1987 Reprinted 1992 with amendments. The Conditions of
Particular Application are enclosed as an Attachment to Section F Section 1 Preliminaries.
18.2
The Tenderer shall be deemed to have full knowledge of both the FIDIC Conditions of Contract
and those of Particular Application and to have made due allowance in his price in respect of
all obligations specified or implied in relation therein.
18.3
The Contractor whos Tender is accepted shall be required to enter into a formal Agreement
with the Employer and provide a Performance Bond in the form shown in this Tender
Document. If the Contractor fails to sign the formal Contract Documents within 28 (twenty
eight) days of notification of receipt that the Contract Documents are ready for signature then
the acceptance of his Tender may at the option of the Employer be considered cancelled
without prejudice to any rights or remedies the Employer may have in respect of such failure
unless the Employer otherwise directs, and the Contractor shall have no claim whatsoever.
18.4
At least one copy of the Contract, furnished to the Contractor by the Engineer, shall be kept
by the Contractor on site. The same shall at all reasonable times be available for inspection
and use by the Employer and Engineer.
19.
VALIDITY OF TENDER
19.1
The Tender shall remain valid and binding upon the Tenderer for a period of 90 days from the
date of submission with a provision for extension upon mutual agreement. The Tender may
be accepted at any time before the expiration of this period.
20.
20.1
The Tenderer shall indicate its acceptance of the contract period in the formal submission of
the Form of Tender. Tenderers not fully completing the Form of Tender including Appendices
may find their Tenders rendered invalid.
21.
21.1
The following categories are not allowed to supply goods or to render services to, or to
contract work with, or submit quotations, or to complete tenders in response to an invitation
by the Employer: a) A Government employee, (except when asked to carry out non-commercial activities such as
the purchase of books written by him, or art, photography and musical work composed by him,
the payment or his rights of royalties for literacy and artistic works).
Page 7 of 8
b) An individual or a corporation who is convicted of criminal offenses before or during the time
tenders are being invited or contract formalities completed.
c)
d) A Bankrupt Corporation, LLC, supplier, individual, or any other entity until debts have been
discharged due to a courts decision.
e) A Contractor who has had a contract revoked by a supervising Government agency who
decided that the reasons for revocation disqualify the contractor from any future contracting
or if there is a similar judgment from a judicial body.
f)
Whoever is proved to have committed fraud or engaged in dishonest activities when dealing
with any legal entity or if a similar decision was passed by a competent judicial authority.
g) The Tenderer's attention is drawn to the requirement in the Conditions of Contract to comply
with all regulations, rules or instructions concerning conditions and terms of employment of
any class of employee. Before submitting his Tender, the Tenderer is to ascertain from the
Ministry of Labour and Social Affairs their requirements affecting the employment of labour in
respect of this Contract.
22.
INSURANCES
22.1
23.
WITHHOLDING TAX
23.1
Foreign Contractors not having a permanent establishment in the Sultanate of Oman shall be
responsible for any tax lawfully levied on any fees due from the Employer to The Contractor
for the carrying out of Services/Works under the Contract. Tax is required by law to be
withheld by the Employer. Accordingly, the Employer shall pay the fees due to The Contractor
after deducting such tax, provide that the Employer shall without delay, and send to the
Contractor the official certificate of such tax payment.
23.2
In accordance with Oman Tax Law, tax at the rate of 10% (on a gross basis, without claiming
deduction for expenses) shall be deductible at source, by the Employer, on the following
payments made to foreign Contractors whose operations do not constitute a permanent
establishment in Sultanate of Oman.
a) Royalties (includes technical know-how and rentals)
b) Management Fees
c)
Page 8 of 8
SECTIONB
FORMOFTENDER
FORM OF TENDER
To:
Al Mouj Muscat S.A.O.C.
P.O. Box 1
P.C. 138
Sultanate of Oman
Al Mouj Muscat Tender for LEI-3268 PLAZA ADVANCE WORKS
EARTHWORKS and FOUNDATIONS
Dear Sirs,
1.
Having read and examined the complete set of Tender Documents, addenda thereto and visited
the site of the above mentioned works and satisfied ourselves that we fully understand the
requirements of the Engineer and the scope of work, we offer to carry out the whole of the said
works as described in the said documents (or any amendments thereof) for the Tender Sum of
..... ..... ..... ..... (Rials Omani ..... ..... ..... ..... ..... ..... ..... .....
..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .....
.....) REMEASURABLE in accordance with the Conditions of Contract and undertake, if our
Tender is accepted, to complete the Works within a total of from the Date for
Possession. The completion period includes all Fridays, Public Holidays and other non-working
days.
2.
If our Tender is accepted, we will obtain the guarantee of a Bank in Oman to be jointly and
severally bound with us in a sum equivalent to ten per cent of the sum stated under 1 above for
the due performance of the Contract under the terms of the Performance Bond with such
modifications as you may deem appropriate.
3.
We agree that any Bank Guarantees required to be furnished by us including the Performance
Bond, shall be issued by one of the approved local National Banks.
4.
We undertake if this Tender is accepted to immediately make all necessary preparation for
commencing the Works including erecting all Site offices and other facilities required.
5.
In the event of our Tender being accepted, our Omani Representative will be
.............................................................................................................................................
................................................of..........................................................................................
......................................... who has signified his willingness to act in this capacity for the
duration of the Contract.
6.
We agree to abide by this Tender for a period of 90 calendar days from the return date of tenders
as indicated in Clause 9 of this Form of Tender or as subsequently amended by any addendum
letters which form part of this Contract, and shall remain binding upon us and may be accepted
at any time before the expiration of this period. We further undertake to renew its validity as
may be directed by the Employer.
7.
Unless and until a formal agreement is prepared and executed, this Tender together with the
Employer's written acceptance thereof shall constitute a binding Contract between us and shall
be deemed for all purposes as the Contract Agreement.
8.
We understand that you are not bound to accept the lowest or any tender you may receive and
that you shall not be liable for any expenses incurred by us in tendering.
Page 1 of 17
9.
We understand that this Tender is to be returned BY HAND to the Project Offices of Al Mouj
Muscat S.A.O.C. opposite Al Mouj Muscat Sales Centre, 18th November Street, by no later than
12:00 Noon on the date stated in the invitation to tender.
10.
We acknowledge receipt of the following Tender Circulars to the Documents and agree that they
shall form part of the Contract Documents.
.
.
.
11.
12.
We enclose herewith a Tender Bond in the sum of two % (2%) of the Tender Sum.
...................................................................................................................
Page 2 of 17
APPENDIX A'
FORM OF AGREEMENT
In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2.
The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz.:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
In the determination of the mutual rights and obligation of the parties, the Contract Documents
are to be taken as mutually explanatory of one another. In case of ambiguity or discrepancy in
any of the Contract Documents, then the priority of the Documents shall commence with the
most important 2(a) descending to the least important 2(m), as listed above.
3.
4.
The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the works and the remedying of defects therein the Contract price or such other
sum as may become payable under the provisions of the Contract at the time and in the manner
prescribed by the Contract (refer annexure iii)
Page 3 of 17
APPENDIX A (Cont'd)
FORM OF AGREEMENT (Cont'd)
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year
first before written in accordance with their respective laws.
For:
Authorised signatory
Witnessed by
Signature
Name
Position:
Date:
For:
Authorised signatory
Witnessed by
Signature
Name
Position:
Date:
Page 4 of 17
1.1(a)
Engineer
1.1(a) (iv)
10.1
10 % (Ten percent) of
Contract Price
23.2
41.1
Immediate
43.1
Amount of Penalty
47.1
Limit of Penalty
47.1
49.1
365 Days
59.4 (c)
60.1 (c)
80%
Percentage of retention
60.2
60.2
60.2
Not applicable
60.10
Not applicable
60.12
Rials Omani
Advance Payment
60.13
Page 5 of 17
International Companies:
The Contractor shall prior to the signature of the Form of Agreement submit notarially
authenticated copies of the original documents defining the constitution of the Company,
powers of attorney and other relevant documents. In the case of a Partnership or Firm these
documents shall be duly authenticated extracts from the partnership deed or other
documents. These documents shall also show by what persons and what manner contracts
may be entered into and what persons are directly responsible for the due execution of such
contracts and can give valid receipts together with specimens of their signatures.
An overseas power of attorney of a foreign signatory to the Tender shall have been endorsed
by an approved Omani authority (such as an Embassy).
A Contractor intending to undertake the Contract jointly with or in association with another
firm or firms including firms or persons acting in an advisory or consultative capacity shall
submit a statement showing how the contract commitment shall be undertaken and the exact
relationship between each of the parties.
The name and address of the contractor's agent resident in Oman (if applicable).
........................................................................................................................................
........................................................................................................................................
........................................................................................................................................
2.
Omani Companies:
The Contractor shall prior to the signature of the Form of Agreement submit details of the
nature of the company, i.e., partnership, limited liability, joint venture, joint stock, together
with the commercial registration number. These documents shall also show by what persons
and in what manner contracts may be entered into and what persons are directly responsible
for the due execution of such contracts and can give valid receipts together with specimens
of their signatures.
Page 6 of 17
PRELIMINARIES
BILL NO.2
SCOPE OF WORK
BILL NO.3
PROJECT SPECIFICATION
BILL NO.4
PRICING PREAMBLES
BILL NO.5
Not Used
BILL NO.6
EXTERNAL WORKS
BILL NO.7
BILL NO.8
DAYWORKS
Not applicable
CONTRACT PRICE
(Rials Omani .)
Page 7 of 17
APPENDIX B'
FORM OF PERFORMANCE BOND
(SPECIMEN ONLY)
To be ratified on Bank headed paper (obtained from a locally registered bank)
No terms shall be deleted from this Guarantee nor shall any terms be added.
BANK REF:
DATED:
Dear Sirs,
PERFORMANCE BOND NUMBER: .......................................................................................................
PROJECT: .........................................................................................................................................
CONTRACTOR: ..................................................................................................................................
In consideration of you Messrs .................. .........................................................................................
of........... ..................... ......................... ....................................... .......................... ("
hereinafter the Employer") having agreed to enter into the above contract ("the Contract") with
.......................................................................... .................. ................... ............................. of
................. ....................... .......................... ......................... ..................... .....................
("hereinafter the Contractor") we, the .................. ........................................ Bank of.............
........................... .............................. ............................. hereby irrevocably and unconditionally
guarantee to the Employer subject only to the monetary limitation hereinafter specified, that the
Contractor shall well and truly perform and fulfil all the undertakings, covenants, terms and conditions of
the Contract for ....................................................................................................................... ("the
Works") and of any extensions thereof, and that the Contractor shall well and truly perform and fulfil all
the undertakings, covenants, terms and conditions of any and all changes, modifications, additions or
amendments to the Contract that may thereafter be made, and that the Contractor shall also fully
indemnify, defend and hold harmless the Employer from all costs, liabilities and damage which the
Employer may suffer by reason of the failure of the Contractor so to do.
In the event that the Employer, in his absolute discretion, gives written notice to us at any time of the
failure of the Contractor to perform or fulfil any of the acts or obligations set forth in the preceding
paragraph, we hereby unconditionally and irrevocably undertake, without any right of set off or counterclaim whether on our behalf or on behalf of the Contractor, to pay to the Employer the sum of Rials
Omani
................................................................
..........................................................
............................. (RO.............................) being an amount equal to ten percent (10%) of the price
recorded in the Contract. Such written notice of the Employer shall be conclusively binding on us for all
purposes under this Performance Bond.
We further agree that any change, modification, addition or amendment which may be made to the terms
and conditions of the Contract, or to the Works to be performed thereunder, or to the payments to be
made on account thereof, or any extension of the time of performance of the Works or any composition,
settlement, shall not in any way release us from our continuing liability hereunder, and we hereby
expressly waive our right to consent to or to receive notice of any such change, modification, addition,
amendment, extension, composition, settlement, promise or forbearance.
Page 8 of 17
APPENDIX B (Cont'd)
FORM OF PERFORMANCE BOND (Cont'd)
(SPECIMEN ONLY)
This Performance Bond shall be valid until the ........................... .......................... ...................... day
of .................. ................ ..................... 2016 or until the date of issue of a Certificate by the Engineer
as defined in the Contract under the terms of the Contract upon the satisfactory expiry of the
Maintenance/Defects Liability period as defined in the Contract, whichever shall be the later, and any
request for payment hereunder must be received by us on or before the later of such dates.
This Performance Bond shall be governed by and interpreted under the Laws of the Sultanate of Oman.
It shall be returned to us on its expiry.
Signed: ...............................................................
To:
Page 9 of 17
APPENDIXC
ADVANCE PAYMENT GUARANTEE
To be ratified on bank headed paper. (obtained from a locally registered bank)
No terms shall be deleted from this Guarantee nor shall any terms be added.
BANK REF:
DATED:
Dear Sirs,
ADVANCE PAYMENT
GUARANTEE NUMBER: .
PROJECT:.
CONTRACTOR :
Whereas .. (Hereinafter called the Contractor) has
been awarded a Contract dated for construction completion and
maintenance of . .. . .. to the
value of RO. . (Rials Omani .. ..
..) and in consideration of your making an advance payment of RO.
to the Contractor being . . % of the Contract Value, by this bond, we
..
..
whose
address
is
.
. .... guarantee
to pay you a sum not exceeding RO. ..
.. on your first written demand without reference to or contestation on behalf of the
Contractor.
It is understood that our liability towards you will be progressively reduced by the amount paid to
you by the Contractor as contained in the Certificates and payments against the said advance
payment.
This bond will be effective from .. . and shall be valid until .., or
until the amount of the advance payment is fully recovered, whichever is later.
This bond should be returned to us upon its expiry or upon fulfillment of our undertaking whichever
is the earlier.
Page 10 of 17
APPENDIX D'
CONTRACTOR'S SITE ENGINEER
Name: .............................................................................................................................................
Nationality: ........................................................................................................................................
Age: ................................................................................................................................................
Technical Qualifications:
Previous Experience:
Page 11 of 17
APPENDIX E'
TECHNICAL TENDER DELIVERABLES
Along with their technical submission, Tenderers are requested to provide the following information as a
minimum. Failure to do so may result in disqualification.
1.
2.
A valid copy of the Commercial Registration. Should the expiration date of the above documents
occur during anytime in the contract period the Tenderer shall provide new valid Commercial
Registration.
Official proof that the contracting entity is owned by or is sponsored by or has an Omani partner
among its partners or has an agent whether an individual or company in the Sultanate of Oman
issued by the Ministry of Commerce & Industry.
The Tenderer shall submit with his Tender, a copy of any relevant Joint Venture agreements
that affect the Tender.
3.
Project Director
Project Manager
Procurement Manager
Construction Manager
Logistics Manager
Section Engineers
Quality Manager
Once approved by the Company the CV's shall be held as indicative of the level of experience and
qualification necessary for any subsequent candidate proposed to fill the position.
4.
4.1.
Critical Path. The Bar Chart shall be created giving a minimum of "level 3" detail i.e. all major
activities required to complete the Work, displaying design, procurement, fabrication, installation /
construction, commissioning and handover, together with each elements duration, priority and
relevance to Critical Path.
This Bar Chart programme shall also clearly identify: -
4.2.
Mobilisation to Site
Commence of Pre-commissioning
Handover
Commissioning
Key Milestones
Demobilisation
4.3.
Proposed Utilisation
No
METHOD STATEMENT.
A brief Method Statement demonstrating the Tenderers understanding of the Work as a minimum
detailing: -
5.
Materials procurement,
delivery and control on
site.
Construction sequence
and methodology for
key
activities
or
elements of the project
as identified in the
Tender programme
6.
QUALITY DOCUMENTATION.
Tenderer shall submit a comprehensive description of the Tenderer's existing Quality Assurance and
Quality Control Systems.
7.
SUBCONTRACTING PROPOSALS
Where the Tenderer proposes to use sub-contractors to carry out any part of the Work Tenderer
shall provide a list of the areas of the Work, together with details of proposed Sub-Contractors.
Page 13 of 17
The Tenderer warrants that all proposed sub-contractors are fully capable and experienced to
undertake the work for which the Tenderer has nominated them.
Acceptance of subcontractors is subject to Employers approval. Employer reserves the right to
exclude specific sub-contractors from carrying out the proposed works. Such exclusion shall not
dilute the Contractors total responsibility for any sub-contracted works.
The successful Tenderer shall not be permitted to change any sub-contractor proposed without first
obtaining the Employers written authority.
The Tenderer shall be deemed to have satisfied himself as to the sufficiency of his Tender,
particularly in respect of services and goods to be provided by proposed sub-contractors.
8.
OMANISATION
The Employer stresses on the importance of Omanisation and the Tenderer shall comply with,
adhere to, and shall cause its Subcontractor(s) to comply with and adhere to all applicable laws and
regulations of the Sultanate of Oman governing the engagement and employment of personnel and,
in particular, those related to Omanisation.
In this context and for the purpose of evaluation the Tenderer shall submit details of Omanisation
level including Omanisation percentage and number of Omani employees within the company.
9.
Page 14 of 17
APPENDIX F
HSE STATEMENT OF COMPLAINCE
.
Authorised signatory
Signature
Name
Position
....
Date:
Page 15 of 17
APPENDIX G
Confidentiality and Non Use Agreement
With reference to our discussion and exchange of information with
and Al Mouj Muscat SAOC and relating to the parties evaluation and use of
information regarding Al Mouj Muscat that the parties hereto may agree in writing to discuss under the
protection provided by this Agreement certain materials. We anticipate that each party may receive
from another party, or may otherwise have access to, certain technical and business information that
one or both of the other parties regards as proprietary and confidential. All such information is referred
to hereinafter as Confidential Information. We therefore propose the following agreement.
1
Each party agree that it shall, for a period of five (5) years from the above date, maintain in
confidence all Confidential Information of the other parties that has been or may be observed by
it or received directly or indirectly from the other party, including but not limited to information
incorporated in any materials received from the other parties. This requirement shall not apply to
Confidential Information that:
a. The party receiving such Confidential Information can show by tangible evidence to have
been in its possession prior to its receipt thereof from another party;
b. Is now in or hereafter comes into the public domain through no fault of the receiving party;
c.
May hereafter lawfully be obtained by the receiving party from a third party without
obligation of confidentiality, provide that the receiving party does not know or have reason
to know that such third party is under any confidentiality obligation regarding such
Confidential Information; or
Each party agrees that it will not, without the prior written consent of the other party, use
Confidential Information of the other party for any purpose than that set forth above or to
determine the rights of the parties hereunder.
Each party agrees to limit disclosure of the Confidential Information of the other party to its
employees, agents or advisors who need to know such Confidential Information in order to carry
out the purpose set forth above. Each party further agrees to use all reasonable efforts, including
obtaining appropriate commitments from such employees, agents or advisors, to prevent such
employees, agents or advisors from disclosing such Confidential Information to others or using it
except as needed for the purpose set forth above.
All document and materials containing Confidential Information furnished to one party hereto by
the other shall remain the property of the furnishing party and the receiving party agrees to return
all such document and materials and all copies of such documents to the furnishing party upon
request, except that the receiving party may keep one copy of any such document in its legal files
for the sole purpose of evaluating the legal rights of the parties hereto.
It is understood and agreed that no right, license, privilege or immunity, express or implied, is
granted under any patent or proprietary rights owned or controlled by either party other than as
specifically stated in this agreement.
Each party acknowledges that any breach of this agreement shall cause irreparable harm to the
other party and that money damages shall not provide an adequate remedy. Therefore, each
party agrees and consents to the granting of injunctive or other equitable relief in favour of the
other party, without requirement of a bond, as a remedy for any such breach, in addition to all
other remedies now or hereafter existing at law, in equity, by statute or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the Sultanate
of Oman, applicable to agreements made and to be performed entirely within such state, may be
amended or modified only in writing and represents the complete understanding of the parties
hereto with respect to the subject matter hereto.
Page 16 of 17
APPENDIX H
FORM OF TENDER BOND
(SPECIMEN ONLY)
To be ratified on Bank headed paper. No terms shall be deleted from this Guarantee nor any terms
added
To:
Dear Sirs,
Al Mouj Muscat Tender No Tender Title
Tender Bond No. __________
By this bond we ..............................................................
whose address is .....................................................
hereby guarantee Messrs .................................................................
of ..................................
and hold at your disposal the sum of R.O ................................................. being 2% of the Tender
Value from .......................... until ................ a total period of ninety (90) calendar days.
This bond shall be free of interest and payable in cash on your first written demand in the event of the
Tenderer either withdrawing his Tender within a period of ninety (90) calendar days from the date for
the receipt of Tenderers or failing to provide a Performance Bond within fourteen (14) days of
acceptance of the Tender whichever date is earlier without any reference to or contestation on behalf
of the Contractor.
This bond should be returned to us upon its expiry or upon fulfillment of our undertaking whichever is
the earlier.
Authorized Signatory
(To be issued by a locally registered bank)
Page 17 of 17