CONDITIONS OF TENDERING

2.2.0.04.01 - REV 04

VOLUME I
SECTION A

CONDITIONS OF TENDERING

CONTENTS

Clause Page No.

1 DEFINITIONS AND INTERPRETATION COT - 1

2 SCOPE COT - 4

3 GENERAL CONDITIONS COT - 4

4 PREPARATION AND SUBMISSION OF TENDER COT - 7

5 REJECTION OF TENDER COT - 15

6 BONDS AND GUARANTEES COT - 15

7 SHIPMENT AND CUSTOMS COT - 17

8 CONTRACT AGREEMENT COT - 18

9. ARBITRATION & LAW GOVERNING TENDER COT - 19

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VOLUME I

SECTION A

CONDITIONS OF TENDERING

1. DEFINITIONS AND INTERPRETATION

1.1 In the Contract (as hereinafter defined) the following words and
expressions shall have the meanings hereby assigned to them except
where the context otherwise requires:-

1.1.1 "Commencement Date" means the date of Fax/Letter of Acceptance of

awarding the Contract.

1.1.2 "Commercial Operation" means the Plant is operating commercially

after the Tests on Completion, performance test, Reliability Run and
Takeover.

1.1.3 "Contract" means the agreement between the Employer and the
Contractor for the execution of the Works incorporating the Tender
Documents including all addenda to it, the Contractor's Tender including
priced and unpriced schedules and drawings, the Letter of Acceptance
and clarifications and correspondence before the date of the Letter of
Acceptance, as specified in the Schedule to the Contract Agreement.

1.1.4 "Contract Agreement" means the document titled "Contract

Agreement".

1.1.5 `Contract Completion' shall be the date of the Final Defects Liability
Clearance Certificate referred to in Clause 9.5 of Conditions of Contract.

1.1.6 "Contract Price" means the sum named in the Letter of Acceptance
subject to such additions thereto or deductions therefrom as may be
made under the provisions hereinafter contained.

1.1.7 "Contract Value" means that part of the Contract Price which is properly
apportionable to any Section in question having regard to the state
condition and topographical location, the amount of work done and all
other relevant circumstances, but disregarding any changes that may
have occurred since the Commencement Date in the cost of executing the
Works or any Section.

1.1.8 "Contractor" means the person or persons, firm or company whose

Tender has been accepted by the Employer and includes the Contractor's
legal successors in title and permitted assigns.

1.1.9 "Contractor's Equipment" means all appliances and things of

whatsoever nature other than Temporary Works required for or in the
execution , completion and maintenance of the Works (as
hereinafter defined) but does not include plant, materials or other things

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intended to form or forming part of the Permanent Works or Temporary

Works.

1.1.10 "Day" means calendar day.

DDP identifies the applicable delivery term, which means

by ICC (International Chamber of Commerce).

1.1.11 "Defects Liability Clearance Certificate" means the certificate(s) to be issued by

the Engineer to the Contractor in accordance with Clause Defects Liability
Period" of Conditions of Contract.

1.1.12 "Defects Liability Period" means the period commencing on take over date and
finishing at two years after that date during which the Contractor is responsible for
making good defects and damage in accordance with Clause 9.6 of Conditions of
Contract. For the purpose of this Contract the words "Period of Guarantee" or
"Guarantee Period" shall mean the Defects Liability Period.

1.1.13 "Employer" means the Dubai Electricity & Water Authority (hereinafter referred to
as `DEWA' or Authority or Employer) and includes the legal successors in title to
the Employer.

1.1.14 "Engineer" means DEWA Engineers or any other person so appointed by DEWA
to act in that capacity.

1.1.15 "Engineer's representative" means any resident engineer or assistant of the

resident engineer appointed from time to time by DEWA to exercise the powers,
discretions, functions and authorities vested in him under the Contract.

1.1.16 "Guarantee" shall have the same meaning as the word Bond when used in the
description of the Progress Payment Guarantee and/or the Performance
Guarantee.
1.1.17 "Inspector" means the Engineer or any other inspecting authority appointed by the
Employer.

1.1.18 "Letter of Acceptance" means the formal acceptance by the Employer of the
Tender incorporating all amendments, variations and adjustments to the Tender
agreed between the Employer and the Contractor.
1.1.19 Not used
1.1.20 "Month" means Gregorian Calendar month.

1.1.21 "Permanent Works" means the permanent works to be executed

(including Plant) in accordance with the Contract.
1.1.22 "Plant" means machinery, apparatus, materials and all things to be provided under
the Contract for incorporation in the Works but does not include the Contractor's
Equipment.

1.1.23 "Section" means a part of the Works specifically identified in the Contract as a
Section.
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1.1.24 "Site" means the lands and other places on, under or through which the
Works are to be executed and any other lands provided by the Employer
for the Contract, together with such other places as may be specifically
designated in the Contract as forming part of the Site.

1.1.25 "Specification" shall mean the specification of the Works included in the
Contract and any modification thereof or addition thereto made under
Clause 10 of Conditions of Contract or submitted by the Contractor and
approved by the Engineer.

1.1.26 "Sub-contractor" means any person or persons, firm or company (other

than the Contractor) named in the Contract for the performance of any
part of the Works or any person or persons, firm or company to whom any
part of the Contract has been sub-contracted with the consent in writing of
the Engineer, and shall include the sub-contractor's legal successors in
title and permitted assigns.

1.1.27 "Takeover Date" means the date on which the Works or Section are
taken over as stated in the Taking Over Certificate.

1.1.28 "Taking-Over Certificate" means the certificate(s) issued pursuant to

Clause 9.1 of Conditions of Contract.

1.1.29 "Temporary Works" means all temporary works of every kind (other than
Contractor's Equipment) required in or about the execution, completion or
maintenance of the Works.

1.1.30 "Tender" means the Contractor's priced offer to the Employer for the
execution of the Works.

1.1.31 "The Tenderer" shall be defined as the Organization signing the Form of
tender.
1.1.32 "Tender Documents" shall mean the documents and drawings
provided/sold by Dubai Electricity & Water Authority to the Tenderers and
all subsequent addenda issued to these by the Engineer prior to the
Tender return date.

1.1.33 "Tests on Completion" means the tests specified in the Contract or

otherwise agreed between the Engineer and the Contractor which are to
be made by the Contractor before the Works or any Section are taken
over by the Employer.

1.1.34 "Time for Completion" means completion of the Works or Section

thereof in accordance with the Contract by the date stated in the Contract
Agreement for the Taking Over of the Works or any Section of the Works.

1.1.35 "Variation Order" means any written order, identified as such, issued to
the Contractor by the Engineer under Clause 10.1 of Conditions of
Contract.

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1.1.36 "Works" means the Permanent Works and the Temporary Works or
either of them as appropriate and includes all Plant to be provided and
work to be done by the Contractor under the Contract.

1.1.37 "Writing" means any manuscript, typewritten or printed statement under

seal or hand, including telex, cable and facsimile transmission.
1.1.38 "Year" means 365 days.
1.1.39 Not used
1.1.40 Not used
1.1.41 "Reliability Run" in relation to a completed section of Works means 60
days period following completion during which all plant in the section shall
operate continuously and successfully before a Taking Over Certificate is
issued.

1.2 Words importing persons shall include firms and corporations and any
organisation having legal capacity.

1.3 Words importing the singular only also include the plural and vice versa
where the context requires.

1.4 The word "cost" means all expenditure properly incurred or to be

incurred whether on or off Site including overhead and other charges
properly allocable thereto but does not include any allowance for profit
unless so stated.

2. SCOPE

These Conditions of Tendering cover Contractual and Commercial Terms

for the manufacture, testing at works, transport and delivery to site,
construction, erection, completion, testing, commissioning, setting to work
and guarantee for the works covered in this Tender Document.

3. GENERAL CONDITIONS

3.1. Dubai Electricity & Water Authority (hereinafter referred to as "DEWA" or

Authority or Employer) has the right to reject any Tender which does not
comply with the Conditions of Tendering.

3.2. Tenders must be valid for a period of 120 (one hundred and twenty) days
from the closing date of the Tender as shown in the invitation to Tender.
`DEWA' has the right by agreement with the Tenderer(s) to extend the
period of validity of the Tender.

3.3 The Tender Bond required to be submitted along with the Form of Tender
must be issued on behalf of the Tenderer as defined in Clause 1.1.31 of
Conditions of Tendering.

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3.4. AWARD OF CONTRACT

3.4.1 The contract shall be awarded to the successful Tenderer who has duly
submitted a Tender Bond in their name and signed the Form of Tender.

3.4.2 In all cases the Contract shall be deemed to commence as from the date
of Fax/Letter of Acceptance of awarding the Contract.

3.4.3 On award of the Contract, the successful tenderer shall within 15 (fifteen)
days of such award of Contract submit to `DEWA' a Performance
Guarantee in their name in an amount not less than 10% (ten percent) of
the Contract Price.

3.4.4 A Tenderer who elects to submit an Alternative Offer shall do so

separately to the Main Offer by the closing date and time thereof. Details
of the Alternative Offer shall be made in the relevant Alternative Offer
schedules where such schedules are provided or if not so provided in a
separate offer letter clearly indicating it to be an Alternative Offer.

3.4.5 All payments shall be made to the Successful Tenderer to whom the
Contract is awarded.

3.4.6 All clauses of the "Conditions of Contract" shall apply in their entirety to
each project/package if they are awarded separately.

3.5 RESPONSIBILITY OF TENDERER

3.5.1 Each Tenderer shall examine the Tender documents carefully and make
written request to `DEWA' for interpretation or correction of any ambiguity,
inconsistency or error therein which he may discover upon examination of
the Tender Documents. Any interpretation, change or correction by
written addendum shall be binding on the Tenderer. Tenderers shall not
rely upon any interpretation, change or correction given by another
method. Failure of a Tenderer to receive any addendum issued by or on
behalf of `DEWA' shall not release such Tenderer from any obligations
under his Tender.

3.5.2 In the event that the Tenderer shall by his own error or negligence have
failed to submit the correct prices for the goods and equipment to be
supplied, he shall nevertheless be bound by his Total Tender Price and
shall have no claim against `DEWA' for the payment of any additional
amounts notwithstanding that on a careful inspection of such Tender
`DEWA' could reasonably be expected to have noticed any such error or
negligence.

3.5.3 Negligence on the part of the Tenderer in preparing his Tender shall not
confer any right on the Tenderer to withdraw or amend his Tender.

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3.5.4 `DEWA' shall have no responsibility for or pay for any expenses or losses
which may have been or may be incurred by any Tenderer in relation to
the preparation and submission of his Tender.

3.5.5 The Tenderer (irrespective of whether his Tender is accepted or not) shall
treat the details of the specification and other documents attached hereto
as private and confidential.

3.5.6 The Tenderer shall be deemed to have carefully examined the Tender
documents including the Specifications which consist of and the drawings
enclosed in an envelope therewith and also to have fully informed himself
as to all conditions, local or otherwise, affecting the carrying out of the
work, and have formulated an estimate of the facilities available as
needed. Failure to do so will be at the Tenderer's risk.

3.5.7 It should be noted that the civil sub-contractor must be licensed by the
Dubai Municipality to enable building permits to be obtained.

3.6 Where the specification is divided into items/sections for the purpose of
Tendering, `DEWA' reserves the right to accept the Tender either as a
whole or any one or more items/sections or part thereof.

3.7 `DEWA' does not bind itself to accept the lowest or any Tender nor is it
bound to give any reason for the rejection of any Tender. Whilst `DEWA'
reserves the right to waive any informality or irregularity of any Tender
submitted, `DEWA' also reserves the right to reject any Tender if the
Tenderer fails to submit all details as required by the Tender Documents,
or if the Tender is in any way incomplete or irregular.

3.8 Invitation to the Suppliers to tender through advertisements in the

Newspapers or through letter/fax/telex is a complementary part of the
Tender Documents.

3.9 These Tender Conditions and the terms and conditions of the Contract
shall be governed by and construed in accordance with the laws,
regulations and statutes of the Emirate of Dubai.

3.10 The Conditions of Tendering should be read and construed in conjunction

with the attached Tender Documents.

3.11 The headings and titles and content of indices in these Conditions or
elsewhere in the Contract shall not be deemed part thereof or be taken
into consideration in the interpretation or construction of the Contract.

3.12 The Tenderer and each of the parties or partners of the Tenderer if the
Tenderer is a consortium of more than one person, persons, firms,
corporations or other legal entity, shall submit with his tender evidence of
his organization, nature and size sufficient to enable the Employer to
evaluate whether the Tenderer has the financial, technical and managerial
capacity to perform and meet all his obligations under the Contract.

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3.13 Tenderers and any of the organizations who form a consortium with, or
who are sub-contractors to the Tenderers shall have recognized
experience in the execution of projects of similar characteristics to the
works specified.

3.14 Not used

3.15 Unless written or fax/telegraphic instructions (Letter of Acceptance) to
proceed have been issued by DEWA, or until a formal contract has been
concluded, no tender shall be deemed to be accepted.

3.16 The tenderer shall consider the information acquired by him under this
contract as confidential and shall not disclose the information to any 3rd
party unless the information has already legally come to the public domain
prior to his acquisition. In this connection the tenderer will require to sign
-
the specimen form section of volume 1 of this tender document and
attach the signed non disclose agreement along with his offer.

3.17 WITHDRAWAL OF TENDERS

Withdrawal of Tenders will not be permitted. Negligence on the part of the

Tenderer in preparing his Tender confers no right for the withdrawal of his
Tender.
3.18 INTERPRETATION OF TENDER DOCUMENTS

3.18.1 If a prospective Tenderer is in doubt as to the true meaning of any part of

the Tender Documents, the Tenderer may submit to DEWA a written
request for an interpretation provided that sufficient time is allowed for a
reply to reach the prospective Tenderer before submission of his Tender.

3.18.2 Any substantiative interpretation will be given in the form of a

supplemental notice furnished to all prospective Tenderers. Receipts of
all supplemental notices shall be acknowledged by each prospective
Tenderer in his proposal. Oral interpretation will not be binding.

4. PREPARATION AND SUBMISSION OF TENDER

4.1 PREPARATION
4.1.1 Tenderers should submit their offers prepared in the English language in
the Original Tender Documents issued by `DEWA' or in documents
identical in format and content to the originals.

4.1.2 The Form of Tender and all relevant schedules must be completed in full
either in ink or by typewriter. In the event that there shall be found to be
any error in the Tender, the Tenderer shall not be entitled to revise the
Tender price quoted.

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4.1.3 The Form of Tender must be signed by the authorized signatories of the
Tenderer and official seal of the Tenderer affixed thereto and `DEWA'
shall have the right to reject any Tender which is not so signed and
stamped.

4.1.4 The total prices stated in the Form of Tender shall be for complete scope
of works as specified in the Tender Documents.

4.1.5 The Tender Price shall include any and all commitment fee, insurance
and all other financial charges and fees, up to placing the complete
installation in commercial operation.

4.1.6 ATTENDANCE AT MEETINGS AND TRAINING

4.1.6(a) Meetings: The Tenderer must include in his Tender the complete costs
for his attendance at Contract periodical meeting normally expected after
the placing of a Contract for the purpose of discussion on design matters,
progress and expediting, site progress and commissioning. The
frequency of such visits shall be as specified in Conditions of Contract.

In addition, the Contractor shall meet the complete costs of

accommodation and transport associated with the attendance of the
Engineer and/or their representatives at contract meetings, pre-
commissioning and commissioning meetings etc.

4.1.6(b) Training of Employer's Staff: The Contractor shall, as part of the

Contract, provide training in the operation, maintenance and management
of the works. Two technical staff of the Employer shall be trained in their

weeks.

If additional training is required by the Employer in any of the fields

shall be applicable.

The Contractor will be responsible for making the necessary

arrangements for training at the manufacturer's Works and shall bear the
cost for such training. All expenses incurred while attending the course
such as air fares, transport, accommodation, meals and incidental
expenses (other than for training) shall be borne by the Employer.

The Tenderer shall submit with his offer a detailed course curriculum for
each manufacturer.

4.1.7 The Tender Documents and all Drawings, Catalogues etc. submitted with
the Tender must be in the English Language.

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4.1.8 CURRENCY

In the first instance Tender Prices must be quoted in UAE Dirhams.

However, if the Tenderer so desires, he may additionally, quote in any
foreign currency of his choice.

4.1.9 Tenders must conform to schedules enumerated in the Tender

Documents. Should however, there be any deviations, these must be
clearly listed in a separate statement giving the page number, section,
original clause, deviation and explanation.

4.1.10 In the absence of such indication, it will be assumed that the Tenderer
agrees to meet the requirements of the Tender Document. If however, it
is found that the Tender offer does not comply with the Tender Document,
then any alterations to the Tender offer required to bring it in line with the
Tender Document, shall be carried out without any change in the Tender
Price.

4.1.11 Tenders shall be bound in loose leaf volumes so that they may be divided
for evaluation.

4.1.12 The Tenderer must give in his offer an address at which notices may be
served validly upon him. All such notices shall be deemed to have been
served validly, which are left at such address, or if sent there by registered
post shall be deemed to have arrived in due course by post. Any change
of address must be notified to `DEWA' and until such notification is
received DEWA shall not be bound to take notice of any change of
address.

Whilst every endeavor will be made to advise all tenderers of any

supplementary tender information, it is important that notification of
intention to tender should include full information of the company,
department and engineer to whom any supplementary information should
be addressed to ensure that this information is received as soon as
possible. Failure to provide this information will not be accepted as
justification for claiming an extension to the Tender submission date if
information is received late.

4.1.13 In view of the work necessary on equipment already in service, the

transfer of items from one site to another and the need to install cables,
cubicles, pipes, etc., in existing installations, the Tenderer is required to
visit the site before Tendering. Arrangements for the visits must be made
to DEWA giving a minimum of two weeks notice.
4.1.14 DEVIATION FROM TENDER DOCUMENTS

The Tenderer must submit an offer which complies with the specified
design. However, should the Tenderer wish to submit in addition an
Alternative offer for a design which differs from that specified, such
alternatives will be given careful consideration provided that sufficient

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supplementary information, drawings and data are submitted in the similar

formats as the Main Offer to permit a complete evaluation to be made.
Should a Tenderer find it necessary or desirable to deviate in his Tender
from the requirements of these Tender Documents in any respect, such
deviations shall be clearly indicate

number, section, original clause, deviation and explanation and clearly

show the price increase or decrease, if applicable.

In the absence of such indication alongwith their cost, it will be assumed

that the Tenderer agrees to meet the requirements of the Tender
Documents. If, however, it is found that the Tender offer does not comply
with the Tender Documents then any alterations to the Tender offer
required to bring it in line with the Tender Documents shall be carried out
without any change in the Tendered price.

A separate list of deviations for the Alternative Offer as per the Schedule
cient for deviations to be
quoted briefly in the main body of the Tender. In any event, deviations
listed separately as specified shall only be considered for the Alternative
Offer and not those stated briefly in the main body of the Tender.

If the Tenderer proposes any deviation from the Specification which, in his
opinion, will improve any aspect of the efficiency or operation of the
Equipment, this must be listed in the relevant Schedule and a full
technical explanation of the deviation must be given in a separate
annexure to the tender Documents.

4.1.15 SUFFICIENCY AND CORRECTNESS OF TENDER

The Tenderer shall be deemed to have fully satisfied himself before

tendering as to the correctness and sufficiency of his Tender and have
taken into account all matters which may affect his Tender in such a
manner that it will leave the Scope of Work, as outlined, completed fully in
accordance with these Enquiry Documents.

Tenderers must complete all parts of `Schedule of Prices' relating to price

in all respects. The total tender price quoted must be shown clearly in
words and figures and in the event of any discrepancy between the
amount expressed in words and the amount shown in figures, the former
shall be deemed to be the correct Tender Price. Any amendment must be
initialed by the authorized signatory of the Tenderer signing the Tender.

Tenderers must quote firm prices for the complete scope of works as
specified in the Tender Documents. However for the Power Cables and
Over head line Conductors if included in the scope, the tenderer if he so
wishes, may quote an Alternative offer for the CIF portion of these items
as LME metal price variation basis . In case of such an Alternative offer,
the tenderer must indicate the applicable variation factor for the metals for
which a LME variable rate has been quoted. Tenderer's prices must be
inclusive of sea worthy export packing in conformance with acceptable
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international standards. In the event of Contract being awarded all

payments will be in UAE Dirhams or the agreed currency. In case there
shall be any discrepancy between the itemized prices and the total
Tender Price, whichever shall be the lesser of the total sum of the
itemized prices or the Total Tender Price as quoted shall be deemed as
correct and this lesser price shall be binding on the Tenderer.

4.1.16 Not used

4.1.17 DATA TO BE FURNISHED WITH TENDERS

In order to enable DEWA to properly evaluate the Tenders, the following
information shall be submitted with each copy of the tender in addition to
the information required in the Tender Form and that listed in Volumes
and Schedules.

4.1.17.1 List of projects of the same nature and of comparable size which the
Tenderer has completed and which are in operation. The list shall
include: location of the projects, size, number and general characteristics
or units, name and address of the owner and of person or persons with
whom contact can be made, date of initial operation of the installation, and
firms or corporations associated with the Tenderer in the execution of the
project.

4.1.17.2 Proposals with the firm supply commitments from manufacturers of major
pieces of equipment, if such equipment is not manufactured directly by
the Tenderer.

Information shall also be given on sub-contractors for civil construction

work and for any plant erection work when such work is not to be carried
out by the plant manufacturer or the main contractor.
In the event of the Contract being awarded the manufacturers and sub-
contractors named in the Tender shall not be changed without prior
approval of DEWA.

4.1.17.3 A detailed list showing the manufacturer's previous experience in

manufacturing equipment of similar size and characteristics to the major
items of equipment offered. This list shall include location, owner, date of
initial operation of installation and general characteristics of such similar
equipment together with an indication of subsequent performance.

4.1.17.4 Catalogues and descriptive information of all equipment offered under the
Tender and all pertinent engineering data, including construction materials
sufficiently detailed so that the Engineer may have full and complete
knowledge of the equipment offered.

Catalogues shall be included in a separate book, arranged with tabs to

facilitate location of specific items. Names of equipment, not
manufacturer, shall be noted on the tab. When catalogues show
alternatives, i.e. sizes, etc., the tender shall indicate with a red mark the
specific item to be supplied.

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4.1.17.5 Outline drawings and cross-sectional views, showing proper scale the
overall dimensions and general arrangement of all proposed equipment,
detailed in Clause 4.1.17.2 above. The drawings shall show space
required around each major component for operation, maintenance and
installation or removal. The weight of each major component, and the
weight of the heaviest piece to be handled by crane during erection, shall
also be furnished.

4.1.17.6 Description of methods of transportation of important and large

equipment. In particular, the Tenderer shall indicate his intentions for the
proper and adequate reception of such loads at Site from the point of view
of temporary access routes which the Tenderer intends to arrange.

4.1.17.7 Outline drawings and cross sectional views of switchroom and buildings
showing overall dimensions and elevations of structures.

4.1.17.8 All deviations from the Tender Documents and these Specifications.
English Language copies of all proposed standards, different from those
specified herein to be forwarded.

4.1.17.9 Description of facilities available for performing shop tests on completed

units.

4.1.17.10 List of special tools to be furnished as specified herein.

4.1.17.11 List and cost of all spare parts to be provided in accordance with the
requirements of the Tender Documents and these Specifications.

4.1.17.12 Name and address of the Tenderer's permanent representative, if any, in

Dubai with information as to the facilities available in Dubai, that is, sales,
engineering, parts, services, etc. Also the location of the nearest depot
from where parts may be obtained.

4.1.17.13 A preliminary list of drawings, calculations and Specifications which the

Tenderer proposes to submit for approval if awarded the Contract. A
preliminary schedule for submission of these documents shall also be
furnished.

4.1.17.14 Live load distribution and magnitude which will be used in the design of
the building structures.

4.1.17.15 Method of analysis which will be followed in obtaining all internal forces
and deflections of a typical frame of the building structures, under dead
plus earthquake loads.

4.1.17.16 The Tenderer shall submit with his Tender an outline programme detailing
the main items which have the longest procurement times, major design
detail, submission dates, major plant item delivery dates.

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Construction/erection commencement and completion dates shall also be

indicated for major areas of work.
Reference should be made to Schedules under the section headed
"Dates of readiness for inspection, testing, delivery and commission" for a
detailed list of plant items to be included in the Tenderer's programme.

4.1.17.17 The Tenderer shall provide a fully detailed Specification for the protection
of all steel work to be used in the Works, including all galvanising,
aluminium, or zinc spraying, painting, etc., with the location of all such
steel work and the protection to be provided.

4.1.17.18 The Tenderer shall furnish drawings incorporating the following

particulars:-

(a) General overall site layout.

(b) Plans, elevations and sections of structures and buildings

(indicating plant on all floors and roofs).

(c) Layout of all types of equipment.

(d) Layout of all temporary buildings, structures and earthworks that

will be removed on completion of the construction.

(e) The materials of construction and finished level and overall

dimensions must be clearly indicated on all drawings.

To assist in the architectural appreciation of the tender, copies of the

following drawings are also to be submitted by the Tenderer:-

(f) A plan of the site to a scale of 1 to 500 showing the layout of all
buildings, plant, etc.

(g) A set of elevations to a scale of 1 to 500 showing the completed

scheme from north, south, east and west.

(h) A set of architectural elevations to a scale of 1:200 of the

substations annotated to show the materials proposed for all
external surfaces.

4.1.17.19 Each drawing shall be on a sheet of over all maximum size AO.
In addition, the Tenderer may submit any further data or calculations to
support the competence and feasibility of his design.

4.1.17.20 Each Tenderer shall submit quality system documentation including

quality manuals, typical quality plans for main items of equipment, and
other such documents sufficient to indicate the Tenderer's intention and
ability to properly control the quality of the complete works, in the event of
being awarded the Contract.

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Failure to submit this quality system documentation with the bid, may be
taken to indicate that quality control by the Tenderer would not be
satisfactory, with consequent adverse effects on the results of the
tenderer assessment.

The Tenderer may be requested by DEWA, to permit DEWA to evaluate

the Tenderer's Quality Management System at the Tenderer's expense in
addition to submission of the above documents by the Tenderer.

4.2 SUBMISSION

4.2.1 The Tender and the accompanying documents in hard copy which will be
considered as Master, five (5) soft copies (properly indexed PDF
Format) in CD/DVD-ROM, completed as directed, shall be enclosed in
plain cover and red wax sealed, clearly marked with the Tender no. and
Title and shall be addressed to The Chairman, Board of Directors,
Dubai Electricity & Water Authority, P.O. Box 564, Dubai, U.A.E. and
shall be delivered in the Tender Opening Room at DEWA's Head
Office near Wafi Shopping Mall in Zabeel East, Dubai not later than
11.00 a.m. of closing date for receipt of completed Tender as shown in
the invitation to Tender. The cover containing the Tender should not bear
the name of the Tenderer or any mark identifying him. Tenders received
after the closing time and date will not be accepted.

4.2.2. The original Tender Bond must be attached to the Master Tender
Documents. A copy of the Tender Bond must also be attached to each
copy of the Tender. Surety Bond will not be accepted by `DEWA'.
4.2.3 Tenderers should enclose with the Master Tender Documents the
duplicate copy of the cash receipt obtained from `DEWA' for payment of
Tender Fees.
4.2.4 Tenderers must submit the names of their Local Partners/Sponsors along
with a photocopy of their current Dubai Trade License.
4.2.5 Tenderers must give evidence of their qualifications and capability to
supply the goods and equipment included in the Tender in quality and
quantity. This evidence must include details of orders previously
executed by the Tenderer.

4.2.6 Tenderers are required to provide with each Tender Document one set of
complete drawings and descriptive literature relating to their offer for all
the goods and equipment to be supplied. All samples and catalogues
required in the tender documents must be submitted by the Tenderer
simultaneously with his Tender. Such samples and catalogues shall
comply with the required specifications in all respects unless any
deviations therefrom have been specifically stated in the Tender which
they accompany.
4.2.7 All samples and catalogues written in the English language shall be
complete and intact. A card duly signed and stamped by the Tenderer,
with the item number, type, measurements and all the relevant details
shall be attached to each sample. In the event that an incomplete sample
is submitted, the specifications shown in the Tender documents shall be
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deemed to be binding on the Tenderer save that if the Tenderer shall

have submitted a letter stating that his samples do not agree with the
specifications, `DEWA' may at its discretion either accept or reject the
sample submitted. All samples once submitted shall become the property
of `DEWA' who shall keep all such samples, drawings and catalogues as
shall be submitted by the Tenderers.

4.2.8 Tenders must be submitted at the specified place, date and hour in
accordance with the invitation to Tender.

5. REJECTION OF TENDER

5.1 Open Fax or Telex Tenders are not permitted and will be rejected.

5.2 If the Tender Bond value is found to be less than 5% of the Tendered
price or the amount fixed by DEWA, the Tender will be liable for rejection.

5.3 If the Tenderer submits more than one offer (Main and Alternative offers)
within his Tender, then he should submit Tender Bond for not less than
5% of his highest offer otherwise his whole tender will be liable for
rejection.

5.4 If the Tenderer fails to fill in prices in the Optional and Unit Rate
Schedules listed under Schedules 'J' Series and 'K' respectively, his
whole Tender will be liable for rejection.

6. BONDS AND GUARANTEES

6.1 TENDER BOND

6.1.1 Each Tender shall be accompanied by a Tender Bond in UAE Dirhams

(or in other currencies if stated in the price schedule) for an amount equal
to not less than 5% of the Total Tender Price or for the amount fixed by
DEWA. The Bond shall be in the form of an unconditional and irrevocable
Bank Guarantee issued from a leading Bank in Dubai in favour of `DEWA'
and must be strictly in accordance with the specimen attached. The
above Tender Bond shall be valid for 150 (one hundred and fifty)
Calendar days calculated from last date fixed for receipt of Tenders.

6.1.2 If the Tender Bond value is found to be less than 5% of the Grand Total
Tendered price or the amount fixed by DEWA, the Tender will be liable for
rejection.

6.1.3 If the Tenderer submits more than one offer (Main and Alternative offers)
within his Tender, then he should submit Tender Bond for not less than
5% of his highest offer, otherwise his whole Tender will be liable for
rejection.

6.1.4 In the event that `DEWA' and the Tenderer shall agree that the period of
validity of Tenders shall be extended, the Tenderer shall also
correspondingly extend the period of validity of Tender Bond. Failure to
extend the period of validity of the Tender Bond will invalidate the Tender.
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6.1.5 The costs of Tender Bond and the costs of any required extension to the
Tender Bond shall be borne by the Tenderers.

6.1.6 The Tender Bond will be encashed by `DEWA' in any of the following
circumstances :-

a) If the Tenderer should, before the expiry date of his bid, withdraw his
Tender or increase his bid prices and/or change the terms and
conditions of his bid.

b) If a successful Tenderer should fail for any reason to accept an award,

sign a contract corresponding to his Tender or fail to establish a
Performance Guarantee as required by the Tender Enquiry.

6.1.7 The Tender Bond of the successful Tenderer will be returned only upon
the receipt of the Performance Bond by `DEWA'.

6.1.8 The Tender Bond of the unsuccessful Tenderer(s) will be returned only
after the Tender is finalised and the Performance Bond is received from
the successful Tenderer or after the validity period of Tender Bond
whichever is earlier.

6.2 PERFORMANCE GUARANTEE

6.2.1 Within 15 days from the receipt of the Letter of Acceptance of Contract,
the Contractor shall provide DEWA with a Guarantee in the sum of ten
(10) percent of the Contract Price. The Guarantee shall be provided by a
leading Bank in Dubai and in a form approved by DEWA for the due
performance of the Contract.

6.2.2 In the event of a guarantee becoming unenforceable, then the contractor

shall immediately raise another valid guarantee.

6.2.3 The Guarantee shall remain valid until the expiry of the Defects Liability
Period, as extended under Clause 9 of the Conditions of Contract, for the
last Section, so that when the final Defects Liability Certificate is issued,
the Guarantee shall become null and void.

6.2.4 The cost of complying with the requirements of this Clause shall be borne
by the Contractor.

6.2.5 "DEWA" shall have the right to forfeit the Tenderer's Performance
Guarantee, if the Tenderer shall fail to perform and observe the
obligations under the Contract.

6.3 DEFECTS LIABILITY PERIOD

6.3.1 The Defects Liability Period shall commence on the date of Taking Over
in accordance with Clause 9.5 of Conditions of Contract and shall finish
24 months after that date.

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7. SHIPMENT AND CUSTOMS

7.1 SHIPMENT
7.1.1 The materials must be properly packed with adequate protection against
damage during transport upto its final destination including rough handling
during Sea, Air, Rail and road transport and transition from one to
another.
7.1.2 Special steps shall be taken to guard against theft during transport. No
small items, such as padlocks, nameplates and so forth, which could be
torn off or unscrewed, shall be accessible. Cases, crates, barrels and
drums shall be banded in such a manner as to obstruct the theft of any of
the timber used for packing and the bands shall be so secured that they
are not rendered ineffective by shrinkage of the wood.
7.1.3 All goods shipped by sea must be shipped by Conference Line Vessels
over 1,000 GRT (Gross Registered Ton). All goods not shipped in
containers must be shipped below deck. If the goods are shipped on the
deck, the risks of loss or damages to the goods will be the responsibility of
the Supplier.

7.2 SHIPPING MARKS

7.2.1 The following shipping marks, with all letters and numbers at least 15 cm.
High, must be applied to each case in a consignment:

CONSIGNEE
CONTRACT No. TENDER RFX NO. 2131700039, DEWA
SIZE OR CAPACITY ----
CONSIGNMENT/REFERENCE No.

7.3. DELIVERY TERM AND CUSTOMS DUTY

The terms of delivery for the supply of equipment/materials to the respective

, i.e. delivery up to DEWA sites at
Dubai, including the unloading at DEWA sites as per Incoterms 2000.

leviable under UAE regulations for the equipment/materials of non-GCC origin

(since GCC manufacture is exempt from Customs Duty) or otherwise not
specially exempted under UAE Customs Rules/Regulations that are required to
be imported to UAE under the contract.

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In case of material/equipment import as replacement of defective, damaged or

leviable under UAE regulations for the items concerned shall be on the

8. CONTRACT AGREEMENT

8.1 AGREEMENT

8.1.1 For Contracts where the Contract value is Dhs.5,000,000/- and above, the
successful Tenderer will be required to enter into an agreement with
`DEWA' in the Form of Agreement annexed hereto. Unless and until such
Agreement is prepared and executed the Tender and all the relevant
documents, relating to the same together with DEWA's letter accepting
the Tender and awarding the contract shall constitute a binding Contract
between the successful Tenderer and `DEWA'.

8.1.2 In preparing his Tender, the Tenderer shall comply with these Tender
Conditions, the Schedules and the Form of Agreement annexed hereto
and in the event that `DEWA' shall accept the tender and award the
Contract to the Tenderer, these tender documents together with the
completed tender shall form part of the Agreement between the Tenderer
and `DEWA'.

9. ARBITRATION & LAW GOVERNING TENDER

9.1. ARBITRATION

9.1.1 If any dispute in connection with this contract shall arise between the
parties, it shall in the first place be resolved amicably between the parties; or
failing such resolution, without prejudice to the Dubai and United Arab Emirates
Courts jurisdiction and subject to the agreement between the parties, the same
may be referred to an Arbitration. Within 45 days of agreement by the parties for
resolution through Arbitration ,it shall be referred in writing by the party raising
the dispute to an arbitration proceedings . In spite of the dispute, the
Supplier/Service provider shall proceed with the supply/service with all due
diligence, whether he or the Employer (DEWA) requires arbitration as hereinafter
provided or not.

9.1.2 Unless otherwise agreed by the parties, the Arbitration panel shall be
composed of three arbitrators, of whom each party shall appoint one arbitrator,
and the two appointed arbitrators shall within 45 days of finalising the adopted
procedure, appoint a 3rd Arbitrator as the Chairman of the panel.

9.1.3 The venue of the arbitration proceedings shall be Dubai, and will be
subject to laws, customs and practices prevailing in the Emirate of Dubai, and
shall be conducted in the English language, unless an other language is agreed
upon between the parties.

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9.2. LAW GOVERNING TENDER

These Tender Conditions and the terms and conditions of the Contract
shall be construed and in all respects be governed by the laws and
regulations of the Emirate of Dubai, and (to the extent that the same are
applicable therein), the laws and regulations of the United Arab Emirates.
*************

SSA/TA

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