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GENERAL INSTRUCTIONS TO THE BIDDER

GENERAL INSTRUCTIONS TO THE BIDDER

KUWAIT OIL COMPANY (K.S.C.)


(Register of Commerce No. 21835)

GENERAL INSTRUCTIONS TO THE BIDDER

This document shall be read in conjunction with all other parts of the tender documents.

1. The Company will only accept bids from bidders invited to participate in the tender.
The Company will reject any bid submitted by a bidder whose name does not exactly
match that on the bidders’ list. Therefore, bidders must verify the correctness and the
accuracy of the name that appears on the bidders’ list, and must promptly bring to the
attention of the Company, in writing, any discrepancy in the name.
2. The Company will only enter into a contract with Kuwaiti companies registered with
the Kuwait Ministry of Commerce, or with non-Kuwaiti companies registered in their
country of origin with the registrar of companies and/or under the relevant prevailing
laws that apply to registration of companies. The non-Kuwaiti company may directly
purchase the tender document, submit a bid, and sign a contract.
3. Any bid made by a joint venture, consortium, association, or partnership will be
rejected unless submitted by one single corporate body nominated as the sole bidder and
the sole contracting party.
4. The bidder shall access the Company website and obtain documents referred to in, but
not attached to the tender by following the string: www.kockw.com; eBusiness
Commercial Documents. However, missing drawings, sketches and the like must be
sought in writing from the concerned Team Leader Contracts. Where any pages of the
tender are duplicated or missing or the reproduction not clear or any doubt exists as to
the full extent and meaning of any description or the breakdown of the Contract Price or
attachments to the Form of Tender or any part of this tender contain any errors, the
bidder shall notify the Company in writing before submission of the bid and the
Company may issue clarifications or amendments if necessary.
5. The bidder shall not discuss the contents of the tender with any Company employee.
Any question regarding the contents of the tender must be raised at the pre-bid meeting
or by writing to the concerned Team Leader Contracts. The Company may issue any
clarifications that result from the questions raised and these shall be made available to
all bidders. The Company may, at any time prior to the bid closing date, issue

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GENERAL INSTRUCTIONS TO THE BIDDER

clarifications or addenda and these shall become an integral part of the tender and may
be incorporated into any resulting Contract.
6. The bidder shall be properly complete and clearly type the bid in the English language.
The bidder shall fill in all blank spaces and shall explain and initial any corrections,
alterations, erasures or interlineations. Where any section of the tender document is in
Arabic, that section shall be completed in Arabic. A partial or incomplete bid may result
in rejection of the bid.
7. The Company shall not consider any alterations, additions or deletions introduced by
the bidder in the tender documents or in the Form of Tender and its attachments. Any
bid which contains alternative proposals to that required by the tender document, unless
expressly asked for, or which fails to comply with any of the requirements of this tender
may be rejected.
8. The bidder must write the bid price on the Form of Tender in figures and in words and
must complete the attachments to the Form of Tender. The currency of the bid price and
payment shall be in Kuwaiti Dinars unless otherwise specified in the Particular
Instructions to the Bidder.
9. The bidder is deemed to have fully informed itself of all matters which may in any way
affect the performance and/or cost of the Works/Services, including but not limited to
the form and nature of the Site; access to the Site; the full extent and character of the
Works/Services; the contents and terms of all the tender documents and its attachments;
and any information provided at or subsequent to the pre-bid meeting and the Site visit.
10. The bidder is deemed to have adequate knowledge of the requirements of the
Company’s HSE Management System which shall be obtained on CD from the Contract
Team.
11. The successful bidder will not be permitted by the Ministry of Social Affairs and
Labour to import labour for the execution of this Contract if the Contract Period or Date
for Completion (excluding the Defects Liability Period) is less than eight (8) months, in
which case the bidder must have sufficient manpower available locally under its
sponsorship to perform the Works/Services under the Contract.
12. Where a Site visit forms part of this invitation to bid, the bidder’s representatives who
propose to visit the Site must wear safety helmets and safety boots and overalls (boiler
suits), without which they will not be permitted to enter the Site.

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GENERAL INSTRUCTIONS TO THE BIDDER

13. The bidder shall sign the Form of Tender and each of its attachments. The person or
persons signing for the bidder must have the authority to bind the bidder, proof of which
must be submitted with the bid. The name of each signatory shall be typed or otherwise
clearly printed below each signature. In the event where the signatory is a representative,
the bid must be accompanied by a power of attorney in favour of the signatory.
14. The bidder shall place its bid in a special envelope unmarked package securely sealed
with sealing wax and shall clearly mark it with the tender number and tender title as
detailed in the Particular Instructions to the Bidder.
15. The bidder shall deposit the envelope or package containing the bid in the Contracts Bid
Box located in the Contracts Teams Building before the time and on the date stated in
the tender. Bids received after the bid closing time shall not be considered. After
submission of a bid no changes, amendments or reduction in the quoted prices shall be
made unless found necessary by the Company.
16. Any invited bidder who decides not to participate in the tender is required to submit to
the concerned Company Team Leader Contracts, prior to the bid closing date, its reasons
for not participating.
17. All costs incurred by the bidder incidental to or arising from the preparation of the bid,
Site visits and pre-bid meetings shall be borne by the bidder and shall be at no cost to the
Company.
18. The Company does not bind itself to accept the lowest or any bid.
19. The bidder acknowledges that the Company is the author of all documents comprising
this tender and the copyright in all such documents vests in the Company, and except
where reasonably necessary for contract administration purposes, the bidder shall not
use, reproduce, transmit or store the tender documents in any form or by any means
without the Company’s prior written permission.
20. The bidder shall submit a Bid Bond in the value specified in the Particular Instructions
to the Bidder, valid for 90 days from the bid closing date and worded generally in
accordance with the attached specimen. The Bid Bond shall be in the form of an
unconditional bank guarantee issued by a bank licensed to carry out banking business in
Kuwait. The Company will not entertain the bid in the event of failure to submit a Bid
Bond. The Company may request the bidder to extend the validity of the Bid Bond at no
extra cost to the Company. The Company shall return the Bid Bond to all the bidders

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GENERAL INSTRUCTIONS TO THE BIDDER

including the successful bidder after the Company has entered into a contract with the
successful bidder.
21. The successful bidder must submit a Performance Bond in the value specified in the
Particular Instructions to the Bidder, for the due performance of the Contract as security
by way of an unconditional bank guarantee issued by a bank licensed to carry out
banking business in Kuwait, made payable to Kuwait Oil Company. The Performance
Bond wording shall be generally in accordance with the attached specimen, which shall
be valid for the entire Contract Period or Date for Completion inclusive of the Defects
Liability Period as the case may be.
22. In case the successful bidder does not provide the Performance Bond and signs a
contract with the Company within ten (10) days of being informed of its bid having been
accepted, the bidder may be deemed to have withdrawn and its Bid Bond may be
confiscated.
23. Where specified in the Particular Instructions to the Bidder, The bidder must ensure that
the Bid Bond and the Tender Fee submitted to the Company bear the exact name of the
bidder.

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