Gasco PROJECT No: 5605: Ruwais - Train 1 & 2 Process Furnaces Upgrade Enquiry No. 13560502 - Epc Work

RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605
ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-ITT REV. 0
(GASCO)
Instructions to Tenderer Page 1 of 116

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(GASCO)
INSTRUCTIONS TO TENDERERS

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(GASCO)

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(GASCO)
REV DESCRIPTION
0 Issued for Enquiry Document

A Issued for draft EPC Enquiry Package

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(GASCO)

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TABLE OF CONTENTS
1. INTRODUCTION........................................................................................................................... 4
2. GENERAL CONDITIONS OF TENDER........................................................................................ 5
3. COMMERCIAL REQUIREMENTS..............................................................................................13
4. TENDER EVALUATION CRITERIA........................................................................................... 15
5. GENERAL TENDER SUBMISSION REQUIREMENTS..............................................................15

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6. STRUCTURE AND CONTENT OF TECHNICAL TENDER........................................................16

7. STRUCTURE AND CONTENT OF UNPRICED COMMERCIAL TENDER................................25
8. STRUCTURE AND CONTENT OF PRICED COMMERCIAL TENDER......................................28

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APPENDICES
APPENDIX 1 – ACKNOWLEDGEMENT LETTER

APPENDIX 2 – FORM OF TENDER
APPENDIX 3 –FORM OF TENDER SECURITY
APPENDIX 4 –PROJECT CONTROL SUBMISSION REQUIREMENTS
APPENDIX 5 – STATEMENT OF FEED ENDORSEMENT

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APPENDIX 6 – VENDORS LISTS

APPENDIX 7 – SUBCONTRACTORS LIST
APPENDIX 8 – JOINT VENTURE / CONSORTIUM AGREEMENT FORMAT
APPENDIX 9– PROPOSED EXCEPTIONS/QUALIFICATIONS/CLARIFICATIONS
APPENDIX 10 –VALUE ENGINEERING OPTIONS
APPENDIX 11 – TENDER CHECK LIST
APPENDIX 12– FORMAT OF LETTER OF AWARD
APPENDIX 13 – FINALIZATION OF AGREEMENT

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INSTRUCTIONS TO TENDERERS
1. INTRODUCTION
1.1 GENERAL
You are invited to submit a Tender for, but not limited to, the detailed design,
engineering, procurement, construction, installation, pre-commissioning,
COMMISSIONING & TEST RUN in respect of the RUWAIS - TRAIN 1 & 2
PROCESS FURNACES UPGRADE Project (hereinafter referred to as
“PROJECT”), together with the provision of two (2) years operating spare parts, as
further detailed in the Enquiry Package.

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1.2 SCHEDULE FOR EXECUTION

All WORK required to achieve “PROVISIONAL ACCEPTANCE” shall be completed
as per the SCHEDULE mentioned in Appendix-4. COMPANY intends to award the
subject WORK in 1st / 2nd Quarter 2015.
1.3 DEFINITIONS USED IN INSTRUCTIONS TO TENDERERS

Capitalized terms used herein shall have the meaning as ascribed to them in Article
1 of the Articles.

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1.4 ENQUIRY PACKAGE CONTENT

In these Instructions to Tenderers, reference to the Enquiry Package shall mean:
 Invitation to Tender
 Instructions to Tenderers and associated Appendices
 Form of AGREEMENT comprising SIGNATURE AGREEMENT, Articles &
EXHIBITS
 Any Tender Bulletin or Tender Clarification issued prior to the EFFECTIVE
DATE.

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1.5 COMPLIANCE WITH COMPANY’S INSTRUCTIONS

Tenderer is advised that its Tender is in competition with others. The Enquiry
Package has been compiled to provide equal opportunity for all Tenderers. The
Tenderer should therefore submit its Tender and complete all documents according
to all instructions given. Non-compliance with the requirements of the Enquiry
Package may result in the submitted Tender not being considered.
1.6 FORM OF AGREEMENT

The Form of AGREEMENT to be entered into between Abu Dhabi Gas Industries
Ltd. (GASCO) (hereinafter also referred to as "COMPANY") and the successful
Tenderer comprises the following documents:

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 SIGNATURE AGREEMENT
 Articles
 EXHIBITS A, B & C
The finalization of AGREEMENT shall be as per the Process mentioned in
Appendix-13.

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2. GENERAL CONDITIONS OF TENDER
2.1 ACKNOWLEDGEMENT TO TENDER

As required by the Invitation to Tender, Tenderer shall complete and promptly
return within five (5) working days of receipt of the Enquiry Package, the
Acknowledgement Letter confirming whether or not it will be submitting a Tender in
accordance with the Pro forma contained in Appendix 1.
If the Tender is to be made from another office, Tenderer must advise COMPANY
immediately by facsimile and have its quoting office return the Acknowledgement
Letter.

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The Acknowledgement Letter shall be sent initially via facsimile with the original
following via courier.
2.2 DECLINATION TO TENDER

If at any time during the Tender preparation period, Tenderer decides to decline to
submit a Tender then it shall so advise COMPANY in writing with complete
justification and shall immediately return the Enquiry Package to COMPANY.

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2.3 CONFIDENTIALITY OF DOCUMENTS

In accordance with the signed Confidentiality Agreement, Tenderer shall treat the
Enquiry Package and contents as private and confidential and shall ensure that
dissemination of the information and data is limited to a need to know basis.
2.4 COMMUNICATIONS
All queries or communications regarding the Enquiry Package shall be by facsimile
and followed by courier, addressed as follows:
Abu Dhabi Gas Industries Ltd. (GASCO)
P6, Capital Plaza, Corniche Road

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PO Box 665, Abu Dhabi, U.A.E.
Fax: +971 2 6031152

Attention: Mr. Mahmoud A. Yousif Al Hosani
Vice President - Projects Control
2.5 CLARIFICATION REQUESTS BY TENDERER

Tenderer may request clarifications in relation to the Invitation to the Tender and
the Enquiry Package at any time up to fourteen (14) calendar days prior to the
respective closing date for the Technical and Unpriced Commercial Tender.

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All queries from Tenderers must be in writing or confirmed in writing if verbally

raised, e.g. tele/video conference. Tenderers shall not rely on any information given
by COMPANY verbally unless it is subsequently confirmed in writing as part of a
Tender Bulletin or Tender Clarification.
Important: the relevant part of the Enquiry Package being queried must be
referenced in all clarification questions. All queries must be specific to this Enquiry
Package and shall not be grouped together or addressed jointly with any other
COMPANY enquiry package.
Where practicable, Tenderer is encouraged to submit its queries/questions in a
consolidated manner and on a topic or discipline basis. Where necessary in
COMPANY’s opinion, clarifications received from Tenderers during the bidding

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period and responses given will be circulated without disclosing the identity of the
Tenderer via means of either a Tender Bulletin or a Tender Clarification to all
Tenderers.
2.6 TENDER BULLETINS/TENDER CLARIFICATIONS ISSUED BY COMPANY

COMPANY may at any stage during the Tender period issue amendments and
clarifications to the Enquiry Package in the form of Tender Bulletins and/or Tender
Clarifications.
1. For Tender Bulletins and Tender Clarifications issued prior to receipt of

both the Technical & Unpriced Commercial Tender and the Priced Commercial

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Tender by COMPANY, Tenderer shall acknowledge receipt and confirm that the
contents will be considered in their subsequent submission(s).
2. For Tender Bulletins and Tender Clarifications issued subsequent to the

receipt of Technical & Unpriced Commercial Tender, Tenderer shall
acknowledge receipt and confirm compliance with same. Any price impact
associated with same shall be included in the Priced Commercial Tender.
3. For Tender Bulletins and Tender Clarifications issued subsequent to the

receipt of Priced Commercial Tenders, Tenderer shall acknowledge receipt and
confirm compliance and advise if there is or is not any impact on their previous
submission(s). Any impact on previously submitted Priced Commercial Tenders

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must be submitted only upon specific request from COMPANY in writing and on
or before a date to be advised by COMPANY.
4. In respect of item 2 and 3 above, please note that, in the event no

response is received from the Tenderer on the Tender Bulletins/Tender
Clarifications by the due date mentioned therein or within seven days from the
date of issuance of Tender Bulletins/Tender Clarifications, whichever is earlier,
Tenderer is deemed to be in full compliance with the said Tender
Bulletins/Tender Clarifications.

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2.7 EXAMINATION OF ENQUIRY PACKAGE AND EXPLANATION TO TENDERERS

Tenderer is responsible for examining with appropriate care the complete Enquiry
Package including all Tender Bulletins and Tender Clarifications and failure to do so
will be at the sole risk of Tenderer. In the event the Enquiry Package is issued in
electronic form only, COMPANY shall also provide the list of electronic files
included in the Enquiry Package (DVD) for Tenderer verification purposes.
Should the Tenderer find conflicts, errors, discrepancies in or omissions from the
Enquiry Package, or should their intent or meaning appear unclear or ambiguous,
or should any other question arise relative to the Enquiry Package, the Tenderer
should notify COMPANY of such in writing.

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The Tenderer making such notification shall be solely responsible for its timely
receipt by COMPANY. COMPANY’s responses to such notifications will be made
either in the form of Tender Bulletins and/or Tender Clarifications to the Enquiry
Package.
Notwithstanding the above, Tenderer shall continue to remain responsible for
conflicts, errors, discrepancies in or omissions, if any remaining, in the Enquiry
Package.

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2.8 EXCEPTIONS / QUALIFICATIONS / CLARIFICATIONS

COMPANY intends that Tenderer shall submit its Tender in strict accordance with
the terms and conditions of the Enquiry Package. COMPANY wishes the Tender to
be made without exceptions / qualifications / clarifications.
Notwithstanding the above, where Tenderer feels unable to comply with the
requirements, Tenderer shall include all its proposed exceptions / qualifications /
clarifications to COMPANY requirements, both technical and commercial in
accordance with the format enclosed as Appendix 9 hereto. Any exception /
qualification / clarification, which is not included in this Appendix 9, shall be deemed
withdrawn. Tenderer shall note that COMPANY reserves the right not to consider

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any of the proposed exceptions / qualifications / clarifications, and to reject any

Tender that is qualified in any manner without assigning any reasons.
2.9 SITE INSPECTION AND CONDITIONS

In addition to its examination of the Enquiry Package, each prospective Tenderer
shall make whatever other arrangements are necessary to become fully informed
regarding all existing and expected conditions and matters which might in any way
affect the cost or the performance of the WORK.

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Any failure to fully investigate the SITE or the foregoing conditions however shall
not relieve the Tenderer from responsibility for estimating properly the difficulty or
cost of successfully performing any WORK.
As detailed in the Invitation to Tender, COMPANY intends to organize an official

SITE Visit. For the purpose of the SITE Visit, the following conditions should be
noted:
 Attendance will be limited to a maximum of three (3) representatives per

Tenderer (or Joint Venture partnership), unless COMPANY agrees otherwise
in writing.

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 All costs incurred by the Tenderer in connection with the SITE Visit or any further
SITE Visits will be to the Tenderer’s account.
COMPANY shall issue the letter of assistance to Tenderer for obtaining SITE
security passes. Tenderer or its local agent will be expected to collect such letter of
assistance and arrange oil field security passes. For arrangement of such passes
the personnel attending the SITE Visits will need to be in Abu Dhabi sufficiently
prior to the SITE Visit.
Tenderer should submit details of the queries that they wish to be clarified at the
SITE Visit. COMPANY will endeavor to reply to any subsequent queries arising
during the SITE Visit, but Tenderers are to rely only upon written responses given
subsequently in a Tender Bulletin and/or Tender Clarification. All queries received

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and clarifications given will be circulated to all Tenderers via means of written
Tender Bulletin (s) and/or Tender Clarification.
During the SITE Visit, Tenderers will be expected to observe the SITE conditions
and clarify issues relating such as:
 Infrastructure of the area(s)
 Any existing facilities
 General condition of areas to be used for temporary works
 Local information requirements
Further SITE Visits may only be made in consultation with COMPANY.

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2.10 SUFFICIENCY OF TENDER

Although the details presented in the Enquiry Package have been compiled with all
reasonable care, it is the Tenderer’s responsibility to ensure that the information
provided is adequate and clearly understood.
Tenderer shall be responsible for obtaining and verifying all necessary data and
information.
Tenderer shall make its own interpretation of any and all information provided in the
Enquiry Package. COMPANY shall not be responsible for the accuracy or
completeness of such information and/or interpretation unless specifically
mentioned otherwise by COMPANY for such information.

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Any failure or neglect to carry out these verifications and investigations shall not
absolve the Tenderer from any of its obligations under the requirements of the
Enquiry Package or any AGREEMENT subsequently executed.
Tenderer is responsible for informing itself with respect to all conditions which might
in any way affect the cost or the performance of the WORK. Failure to do so will be
at the sole risk of the Tenderer.
No relief or consideration will be given for errors and omissions contained within the
Tender.

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2.11 TENDER CLOSING DATE AND VALIDITY

The Technical & Unpriced Commercial Tender and Priced Commercial Tender
must be submitted in separate sealed packages, and delivered no later than the
respective dates and times stipulated in the Invitation to Tender.
COMPANY reserves the absolute right not to consider any Tender received after
the Tender closing date.
Tenders shall be valid for acceptance by COMPANY for a period of forty five (45)
days after the date of submission of the Priced Commercial Tender.

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2.12 NUMBER OF COPIES

2.12.1 PACKAGE “A”: SEALED TECHNICAL AND UNPRICED COMMERCIAL TENDER
This Package shall be submitted in one (1) original and two (2) copies, clearly
marked “ORIGINAL”, “COPY-1” and “COPY-2” respectively, and delivered in
separate sealed envelopes/packages. In the event of any conflict between the
original and any of the copies, the original shall prevail.
The original shall be accompanied by one set of CD-ROMS containing all the
submission information in native software format. Copy of Certificates and signed
forms only may be submitted in pdf format. In the event of conflict between the
original hard copy and the CD-ROMS, the original hard copy version shall prevail.

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2.12.2 PACKAGE “B”: SEALED PRICED COMMERCIAL TENDER

This Package shall be submitted in one (1) original only and delivered in one sealed
envelope/package.
The original shall be accompanied by a CD-ROM containing all the submission

information in native software format. In the event of conflict between the original
hard copy and the CD-ROM, the original hard copy version shall prevail.

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2.13 SUBMISSION ADDRESS

2.13.1 PACKAGE “A”: SEALED TECHNICAL & UNPRICED COMMERCIAL TENDER
Package “A” shall be delivered in one (or more) sealed envelopes/packages,
addressed and marked as follows:
To: The Secretary

Major Technical Bid Opening Committee
Bid Box No. 1, Mailing Room
GASCO Tower, Corniche Road
P.O. Box 665, Abu Dhabi, U.A.E

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Sealed Tender – Confidential

Package “A” - Technical & Unpriced Commercial Tender
Tender No. :
Tender Title:
Tender Closing Date:
Tenderer’s Name:
Pre-addressed envelopes / labels, if provided by COMPANY, shall be used for
submission of Package “A”.

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2.13.2 PACKAGE “B”: SEALED PRICED COMMERCIAL TENDER

Package “B” shall be delivered in one sealed envelope/package, addressed and
marked as follows:
To: The Chairman
Major Commercial Bid Opening Committee
Bid Box No. 1, Mailing Room
GASCO Tower, Corniche Road
P.O. Box 665, Abu Dhabi, U.A.E.
Sealed Tender – Confidential

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Package “B” - Priced Commercial Tender

Tender No. :
Tender Title:
Tender Closing Date :
Tenderer’s Name:
Pre-addressed envelopes / labels, if provided by COMPANY, shall be used for
submission of Package “B”.
N.B. The sealed Priced Commercial Tender shall not be submitted until a written
instruction requesting such submission together with a submission date is issued by
COMPANY.

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2.13.3 SEALED TENDER REQUIREMENTS

Tenderer must ensure that each envelope/package is securely packed and wax
sealed to avoid inadvertent opening or damage in transit.
2.14 ALTERATIONS TO TENDER DOCUMENTS

The Tender shall contain no alterations or erasures without said alterations or
erasures being written in red ink, formally explained and signed and sealed with
Tenderer’s company stamp.

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2.15 MODIFICATIONS TO TENDER

Unsolicited modifications to either Technical & Unpriced Commercial Tender or the
Priced Commercial Tender at any stage during the evaluation period will not be
considered and may result in rejection of the Tender.
2.16 APPLICABLE LANGUAGE

The Tender and all correspondence incidental to and concerning the Enquiry
Package shall be in the English Language.

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2.17 LOCAL LAWS AND RESOURCES

In compiling its Tender, Tenderer shall give due consideration to the use of local
materials, services, personnel and labour and shall inform itself of all U.A.E.
statutory or other regulations relating to local resources and services.
2.18 NEGOTIATION WITH LOCAL AUTHORITIES

Tenderer shall not under any circumstances enter into negotiations with any
Governmental authority or agency to develop acceptance of any variations or
revisions to the laws of Abu Dhabi or the U.A.E. relating to or affecting the
PROJECT.

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2.19 COST OF TENDERING

All direct and indirect costs incurred by Tenderer in preparation and submission of
the Tender, including costs associated with attending clarification meetings and
SITE Visits shall be to Tenderer’s own account, irrespective of the ultimate result of
the tendering process including without limitation the annulment of the tendering
process by COMPANY.
2.20 COMPANY’S RIGHTS

COMPANY reserves the right to accept or reject any Tender in whole or part, or to
reject all Tenders with or without notice or reasons and if no Tender is accepted, to

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abandon the WORK or to have the WORK performed in such other manner as
COMPANY may elect.
2.21 CORRECTION OF ARITHMETIC ERRORS

Arithmetic errors shall be corrected in the following manner:
 In the event of a discrepancy between the amounts in words and figures, the
amount stated in words shall prevail.
 In the event of a discrepancy between the quoted lump sum price and the sum
total of the amounts apportioned to its break-down elements, the quoted lump
sum price shall prevail, and the amounts against each of the break-down
elements shall be adjusted on a pro rata basis such that the revised sum total

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is equal to the quoted lump sum price.
2.22 DISCOUNTS
Tenderers are strongly advised to submit their best prices in the first instance, as
COMPANY does not encourage re-bidding or negotiations. Discounts, if any, shall
be merged into the quoted prices. COMPANY shall be at liberty not to consider, for
the purposes of evaluation, any discount that is indicated separately, but to avail
itself of the same if Tenderer is successful and distribute it on a pro rata basis to all
the elements of the LUMP SUM PRICE.

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2.23 LETTER OF AWARD

COMPANY shall issue a letter of award, as per the typical format included at
Appendix 12, to the successful Tenderer confirming the award of the Tender.
2.24 FINALIZATION OF AGREEMENT

Subsequent to issuance of Letter of Award, COMPANY shall finalize the formal
AGREEMENT with the successful Tenderer as per the process specified in
Appendix 13.

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2.25 CODE OF CONDUCT

TENDERER shall, at all times, comply with the “GASCO’s Code of Conduct for
Service Provider” included in EXHIBIT B.
TENDERER shall take all precautions and necessary actions to ensure that its
employees, agents and all other entities associated or to be associated with the
PROJECT including potential SUBCONTRACTORS and VENDORS are complying
with “GASCO’s Code of Conduct for Service Provider” included in EXHIBIT-B.
Accordingly, all applicable documents to be prepared by TENDERER for the
PROJECT shall include necessary guidelines and conditions to ensure compliance
with this effect.

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2.26 REGRET LETTERS TO UNSUCCESSFUL TENDERERS

COMPANY shall issue the regret letter to unsuccessful TENDERER(S) for
informing and releasing their Tender Security upon receipt of Performance Bank
Guarantee from successful TENDERER.
Further, COMPANY shall not invite technically unacceptable TENDERERS to

submit the Priced Commercial Tender for the subject enquiry however Regret letter
and intimation regarding releasing Tender Security to technically unacceptable
TENDERERS shall be issued only upon receipt of Performance Bank Guarantee
from successful TENDERER. Further, COMPANY is neither obligated to nor will
advise the reasons for technical non-acceptance of any TENDERER.

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3. COMMERCIAL REQUIREMENTS
3.1 CURRENCY OF TENDER

All prices and rates set forth in Tenderer’s offer shall be in currencies as stipulated
in EXHIBIT A.7. The concluded AGREEMENT shall have prices and rates only in
US Dollars.
3.2 FIXED RATES

The rates quoted by Tenderer shall be firm and fixed for the duration of the
AGREEMENT.

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3.3 PRICING OF TENDER

3.3.1 AGREEMENT PRICE
The AGREEMENT PRICE shall cover the full compensation for execution and
completion of the WORK. The AGREEMENT PRICE will comprise of the LUMP
SUM PRICE and the Estimated Price for reimbursable items.
3.3.2 LUMP SUM PRICE

The LUMP SUM PRICE shall cover all the elements of the WORK except those
items specifically included under reimbursable items and shall be as detailed in
EXHIBIT A.7.

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All costs associated with the procurement and administration of all spare parts (i.e.
pre-commissioning and COMMISSIONING spares, 2 years Operating Spares and
Insurance Spares) including but not limited to buying, expediting, inspection,
packaging, documentation, freight and delivery to SITE, except as indicated below,
are to be included in the Tenderer’s LUMP SUM PRICE.
3.3.3 REIMBURSABLE ITEMS

This shall include two years operating spares and chargeable costs as defined in
EXHIBIT A.7.

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3.3.4 SCHEDULE OF UNIT RATES

Tenderer is to provide a Schedule of Unit Rates as set out in EXHIBIT A.7 to allow
COMPANY to have a means of arriving at agreed lump sum prices for
VARIATIONS or the opportunity to have work carried out on a reimbursable basis at
COMPANY’s sole discretion.
The Unit Rates shall show the breakdown of Labour, Material, Equipment and
Overheads, and shall reflect all direct and indirect costs and profit.

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3.4 LOCAL REGULATORY BODIES

Tenderer shall be fully aware of the latest requirements of all the local regulatory
bodies including the Tariff Committee, and shall include within the AGREEMENT
PRICE for all technical, commercial and financial effects of conforming with the
requirements of all such local regulatory bodies having any impact whatsoever on
the performance of the WORK and these effects shall be Tenderer’s entire and sole
responsibility.
Tenderer is instructed that it must contact the Tariff Committee and other local
regulatory bodies to establish the existing rates of plant, equipment and transport to
ensure that its Priced Commercial Tender fully reflects the current and anticipated

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pricing levels. Tenderer is reminded that they may have obligations in respect of the
hire of certain items.
3.5 GUARANTEES
3.5.1 PERFORMANCE BANK GUARANTEE
The successful Tenderer will be required, within fifteen (15) days of the
EFFECTIVE DATE, to submit a Performance Bank Guarantee in the sum of ten
percent (10%) of the LUMP SUM PRICE. The Performance Bank Guarantee is to
be in the form set out in EXHIBIT A.12 and issued by a bank registered in Abu
Dhabi and approved by COMPANY.

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3.5.2 PARENT COMPANY GUARANTEE

The successful Tenderer will be required, within fifteen (15) days of the
EFFECTIVE DATE, to submit a Parent Company Guarantee from the Parent
Company accepted by COMPANY. The Parent Company Guarantee is to be in the
form set out in EXHIBIT A.12
3.5.3 ADVANCE PAYMENT BANK GUARANTEE

The successful Tenderer will be required to submit an Advance Payment
Guarantee along with its invoice for Advance Payment. The Advance Payment
Bank Guarantee is to be in the form set out in EXHIBIT A.12 and issued by a bank
registered in Abu Dhabi and approved by COMPANY.

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4. TENDER EVALUATION CRITERIA

COMPANY will adopt a combination of mandatory compliance criteria and scoring
criteria for evaluation of Technical & Unpriced Commercial Tender and Priced
Commercial Tender. These may include factors such as:
Table 1: TENDER Evaluation Criteria
Tender Compliance Factors Scoring Factors

Technical Form of Tender Execution Strategy
FEED Endorsement Interface Management
HSE Management Project Organization

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Quality Management Key Personnel

No Outstanding Exceptions Project Control
Unpriced Form of Tender None

Commercia Authorized Signatory
l Power of Attorney
Tender Security
Registration Documents
Parent Company Guarantee
JV Requirements (if applicable)
No Outstanding Exceptions

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The above is provided for Tenderer’s information only. COMPANY reserves the
right to evaluate the tender submissions as it deems fit without notice to Tenderer.
Tenderer is reminded that the contents of its Tender will be treated primarily for the
purposes of information and evaluation. The Form of AGREEMENT will be modified
only to the extent of exceptions / qualifications / clarifications that are agreed by
COMPANY in writing.

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5. GENERAL TENDER SUBMISSION REQUIREMENTS

Tenderer is advised that COMPANY intends to fully evaluate all tender submissions
i.e. Package-A: Technical & Unpriced Commercial Tender and Package-B: Priced
Commercial Tender.
It is therefore important that Tenderer fully demonstrates in its Tender submissions

its understanding of the nature and complexity of the WORK and gives COMPANY
a high level of confidence that it has sufficient and suitably qualified resources and
that Tenderer will be able to perform the WORK within the programme and meet all
the other requirements listed in the Enquiry Package.

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Tenderer’s Technical & Unpriced Commercial Tender (Package-A) shall be

submitted into separate Volumes as follows:
 Technical Tender, and
 Unpriced Commercial Tender.
Within the above tender submissions, the information shall be presented in the
order in which it is listed hereunder and shall be referenced by the corresponding
number against each item herein. Tenderer is required to preface each of its replies
with the question being responded to. Tenderer’s attention is drawn to the fact that
all such information shall interface and comply with the requirements contained in
the proposed Form of AGREEMENT.

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Tenderer is reminded that the contents of its Technical & Unpriced Commercial
Tender will be treated primarily for the purposes of information and evaluation. The
Form of AGREEMENT will be modified only to the extent of exceptions /
qualifications / clarifications that are agreed by COMPANY in writing or to
incorporate information furnished by Tenderer that has been specifically requested
and accepted by COMPANY for inclusion in specified EXHIBITS of the Form of
AGREEMENT.

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6. STRUCTURE AND CONTENT OF TECHNICAL TENDER
6.1 COVERING LETTER

Tenderer shall include a covering letter to its Technical Tender.
6.2 TENDER CHECK LIST

Tenderer shall include the duly ticked Check List for its Technical Tender as per
Appendix-11.

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6.3 STATEMENT OF FEED ENDORSEMENT

Tenderer shall furnish a Statement of Feed Endorsement in accordance with the
Proforma provided as Appendix 5hereto, duly signed and stamped by the
authorized signatory of the Tenderer.
6.4 EXCEPTIONS/QUALIFICATIONS/CLARIFICATIONS
Tenderer shall submit as part of the Technical Tender, Part-B of Appendix 9, which
shall include exceptions / qualifications / clarifications to EXHIBIT C. Any
exception / qualification / clarification, which is not included in this Appendix 9, shall
be deemed withdrawn.

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Tenderer shall note that COMPANY reserves the right not to consider any of the
proposed exceptions / qualifications / clarifications. In such an event if Tenderer
does not withdraw its proposed exceptions / qualifications / clarifications as
requested by COMPANY, such Tender may be rejected by COMPANY without
assigning any reasons.
6.5 PROJECT EXECUTION

Tenderer shall provide a detailed PROJECT Execution Strategy reflecting its
approach to satisfying all obligations and responsibilities as set forth in the
AGREEMENT, in separate sections as follows:

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6.5.1 EXECUTIVE SUMMARY

Tenderer shall provide an Executive Summary giving the key points of its overall
PROJECT Execution Strategy covering the entire scope of WORK, including main
elements proposed to be subcontracted (and all execution locations). Tenderer
shall also highlight what it sees as the key success factors and how it will address
and monitor such factors. The brief summary of Tenderer execution strategy
updated based on the agreed clarifications thereafter, as approved by COMPANY,
shall form part of EXHIBIT B.6 of AGREEMENT.

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6.5.2 GENERAL & PROJECT MANAGEMENT

Tenderer shall specify which location will be the focal point for COMPANY with
respect to overall PROJECT management and control, and shall confirm whether
this location is likely to move during the execution of PROJECT. If so, Tenderer
shall provide a schedule and give details of any new location.
Tenderer shall provide a breakdown of all the WORK elements indicating the
location of the office(s) where each element of the WORK will be performed and
what responsibilities will be taken by each office. The reasoning behind such
divisions and details of the lines of demarcation between each area of WORK shall
be given. Tenderer shall also give full details of any WORK elements proposed to
be subcontracted or assigned to subsidiary or affiliate companies.

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6.5.2.1 COMMUNICATION AND CO-ORDINATION

Tenderer shall describe its approach to communication and co-ordination between
the different WORK locations (including any SUBCONTRACTORS / VENDORS /
subsidiaries and affiliate companies). Tenderer shall explain how it will ensure that
quality and consistency are maintained throughout the WORK locations and
throughout all phases of the PROJECT including ensuring the use of the same
procedures at differing locations.
6.5.2.2 INFORMATION TRANSFER

Tenderer shall provide the proposed method and schedule of information transfer to
and from COMPANY during all stages of PROJECT execution. Tenderer shall

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explain how in the event of multiple concurrent WORK locations, it will ensure
effective co-ordination and communication with COMPANY.
Tenderer shall state its understanding of the key issues and shall identify the critical
success factors during Engineering, Procurement, Construction, COMMISSIONING
and TEST RUN to meet the requirements of the PROJECT. Tenderer shall
demonstrate how the proposed organization addresses each of the critical success
factors.

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6.5.3 ENGINEERING
Tenderer shall advise whether any portion of the design and detailed engineering
work is intended to be subcontracted. If so, the detail of work to be subcontracted
along with the proposed engineering subcontractor(s) shall be provided.
Tenderer shall provide an Engineering Execution Plan indicating the location of the
office(s) where each element of the design and detailed engineering work will be
performed and what responsibilities will be taken by each office during various
stages of the PROJECT and transition to the Construction and COMMISSIONING
stages of the PROJECT. Tenderer shall identify the key Engineering issues and
critical success factors and how these will be addressed and monitored.

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Tenderer shall provide a breakdown of the Engineering WORK, its methods and
procedures for communication and co-ordination to ensure Engineering and design
consistency and quality at all locations including application of PROJECT
procedures and SPECIFICATIONS by any SUBCONTRACTORS and VENDORS.
Tenderer shall provide a description of all Engineering interfaces with the
PROJECT Procurement team. Tenderer shall identify and describe all Engineering
input to Procurement activities and vice versa, including, but not limited to,
equipment and material requisitioning, bid evaluation, commenting on
VENDOR/SUBCONTRACTOR documents, inspection and testing.

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The Tenderer shall also provide a description of all computer models/software to be

used for analysis, design, simulation, together with details thereof for the
PROJECT.
6.5.4 PROCUREMENT
The Tenderer shall submit a preliminary Procurement Plan describing how
Tenderer proposes to material requisition, procure, control, expedite, inspect, ship
and import the required GOODS for the WORK.
Tenderers to describe how they propose to maximize the involvement of local and
regional resources in execution of the PROJECT, in particular with respect to:

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 GOODS.
 Design and Engineering Services.
 Procurement and Logistic Services.
 Construction and COMMISSIONING activities.
6.5.5 CONSTRUCTION
Tenderer shall advise whether any portion of the construction work is intended to be
subcontracted. If so, the detail of work to be subcontracted along with the proposed
construction subcontractor(s) shall be provided.

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The Construction Execution Strategy shall cover in detail all relevant aspects
including but not limited to the following:
 Sequence of Construction Activities
 Execution Strategy for Road Crossings (Considering the high number of Road
Crossings, Tenderer shall provide the detailed strategy and its plan for
successful execution of Road Crossings)
 Temporary Facilities & Lay-down Areas (Tenderer to propose its plan and
proposed location(s) with estimated lay down area for COMPANY’s review)
 Camp Accommodation Facilities
 Manpower Resource Planning

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 Construction Plant & Equipment Planning

 Pre-fabrication Requirements
 Transport & Heavy Lift Requirements
 Third Party Approvals
6.5.6 COMMISSIONING &TEST RUN
Tenderer shall advise whether any portion of the COMMISSIONING & TEST RUN
work is intended to be subcontracted. If so, the detail of work to be subcontracted
along with the proposed construction subcontractor(s) shall be provided.

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Tenderer shall submit its detailed plan and strategy for successful
COMMISSIONING & TEST RUN and achieving PROVISIONAL ACCEPTANCE of
the PROJECT.
6.5.7 HSE
Tenderer shall provide an outline HSE Strategy for the PROJECT in line with
COMPANY requirements with proposed HSE objectives and targets for the
Engineering, Design, Construction and COMMISSIONING phases. Tenderer shall
submit the PROJECT specific HSE Plan as mentioned in item 6.11 below.

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6.5.8 QUALITY ASSURANCE / CONTROL

Tenderer shall provide an outline QA/QC Strategy and preliminary Quality Plan for
the PROJECT in line with COMPANY requirements (EXHIBIT B.09 and B.10) for
the engineering, design, construction and COMMISSIONING phases.
Tenderer shall confirm that its proposed offices for design, detailed engineering and
procurement for PROJECT are either certified to or satisfies the essential
requirements of ISO 9001: 2008 - Quality Management Systems Requirements.
Accordingly, Tenderer shall provide the following:
 Evidence from a recognized Accreditation Body of Quality System Certification or
a recent compliance audit report.

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6.5.9 INTERFACE PLAN

Tenderer shall include a proposed Interface Plan that provides an
acknowledgement that it understands and takes responsibility for all the tie-
ins/interfaces with other projects and EXISTING FACILITIES. It shall include an
outline procedure for managing and coordinating with COMPANY’s other
contractors and others third parties for the tie-ins/interfaces, and for obtaining
approvals for them and coordinating/undertaking the necessary activities across the
interface boundaries.
Tenderer shall prepare and include a matrix listing all the tie-ins/interfaces
anticipated with other contractors and other third parties in execution of this
PROJECT along with actions/information required by such other contractors or

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other third parties with corresponding completion dates (the late dates) against
each interface to enable Tenderer to meet its proposed
construction/COMMISSIONING schedule. Justification shall be given for each date.
6.5.10 INFORMATION TECHNOLOGY (IT)

6.5.10.1 IT EXECUTION
Tenderer shall describe how it proposes to use IT (hardware, software, networks) to
maximize the efficiency and cost effectiveness of executing the PROJECT.
Tenderer shall describe how it proposes to use Information Technology to ensure
effective communication and integration between all parties involved in executing

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the PROJECT including but not limited to COMPANY, VENDORS, satellite

execution offices and any joint venture partners, SUBCONTRACTORS, and SITE.
Tenderer shall describe in detail the IT infrastructure (hardware, software,
networks) it proposes to install specifically to meet the requirements of executing
the PROJECT.
Tenderer shall describe in detail the IT software and version it proposes to use for
executing the PROJECT, including for each software package, how many years of
experience in usage, how many licenses are available and how many licenses are
required. Response should include, but not be limited to the following systems:-
 CAD system

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 3-D plant model

 Engineering systems
 Document management systems
 PROJECT Control systems
 Materials Management/Procurement systems
 Construction management systems
 Interface management systems
Tenderer shall detail the IT resources and skills (people) it has available to support
execution of the PROJECT.

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6.5.10.2 DATA MANAGEMENT

Tenderer shall describe what data quality management processes will be used on
this PROJECT to ensure accuracy and consistency of PROJECT data, for the
entire duration of the PROJECT up to and including handover of deliverables to
COMPANY.
Tenderer shall describe what information security management processes will be
used on the PROJECT.
Tenderer shall describe what Business continuity/Disaster Recovery processes will
be used on this PROJECT.

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6.5.10.3 IT ORGANIZATION
Tenderer shall describe how it proposes to manage the IT and IT related activities
necessary to execute the PROJECT.
6.6 PROJECT ORGANIZATION

Tenderer shall describe its PROJECT Management Organization to support its
PROJECT Execution Strategy for the required scope of WORK at all locations,
where the WORK is to be carried out, during all phases of the PROJECT. Tenderer
shall provide an Organization Chart to identify key management and support
personnel for the organizations proposed for each location where the WORK is

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performed. Tenderer shall clearly identify which personnel are full time and those,
which are part-time in the proposed organization.
Tenderer shall describe the role and responsibilities of the PROJECT Management
Team and highlight the changes in the roles and responsibilities through the various
stages of the PROJECT to ensure successful PROJECT execution.
Tenderer shall describe how its PROJECT organization fits within its corporate
organization and that of its parent, showing responsibilities for providing support
and resources.
Tenderer shall detail its proposed organization and lines of responsibility for:
 Engineering Office(s)

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 Procurement Office(s)
 Abu Dhabi Office (including details of current/planned manning levels)
 Field Construction (including Field Engineering, Planning and Procurement)
 Pre-commissioning
 COMMISSIONING& TEST RUN
Tenderer shall provide details regarding mobilization / demobilization of its
PROJECT Organization.

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6.7 KEY PERSONNEL

Tenderer shall submit a resume and shall name the individual that the Tenderer
proposes for each of the following key PROJECT positions and for each location.
For each nomination, the resume must show the candidate's position or grade
within the company, fluency/ability in the English language (oral and written), age,
nationality, qualifications and experience (indicating clearly the length of experience
with Tenderer’s company and the experience of relevance to this PROJECT) and
the date of availability for PROJECT. For each nomination, Tenderer shall give the
name, address and telephone number of a recent client representative who may be
contacted for a reference. The nominations provided shall reflect any geographical
split in Engineering, Procurement and/or Construction activities.

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 Project Director
 Project Manager(s)
 Project Quality Assurance Manager(S) (Home Office/Site)
 Project HSE Manager(S) (Home Office/Construction)
 Project Engineering Manager
 Project Contracts Manager
 Project Procurement Manager
 Project Control Manager & Lead Scheduler
 Project Construction Manager(S)

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 Project Commissioning Manager

Alternative candidates shall be proposed for each position
Typical job descriptions shall be provided for each position showing level of
authority and responsibilities.
Tenderer shall identify which individuals provide continuity from the Engineering /
Procurement phases in the home office through to the SITE Construction activity,
COMMISSIONING and TEST RUN.
Tenderer shall confirm that such personnel are available to work on the PROJECT
to support the SCHEDULE and will be assigned on a full time basis.

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All the key personnel are subject to COMPANY approval. Tenderer shall also
confirm that key staff will not be removed without COMPANY’s approval in
accordance with the Articles.
6.8 PROJECT CONTROL

Tenderer is referred to Appendix 4 of Instructions to Tenderers for the requirements
relating to the following documents to be submitted by Tenderer:
 Overall PROJECT SCHEDULE
 PROJECT MILESTONE Completion Schedule
 Home Office Manpower Deployment Schedule

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 Manpower Histogram for Home Office Services

 Construction Manpower Deployment Schedule
 Manpower Histogram for Construction Works
 Construction Plant / Equipment Deployment Schedule
 Progress ‘S’ Curves
Tenderer shall provide a description of the PROJECT Control organization, its main
functions, and the responsibilities and duties of the principle assigned individuals.
This shall include the Planning, Scheduling, Progress Control and reporting
functions as a minimum. An explanation of how the organization will ensure the
integration of PROJECT Control function between the home office, other WORK

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locations, the SITE, SUBCONTRACTORS and VENDORS shall also be provided

by the Tenderer.
6.9 VENDORS
Tenderer is required to comply with COMPANY approved Project Vendor List and
other procurements guidelines and requirements included in EXHIBIT B.14, B.15
and B.16.
6.10 SUBCONTRACTORS
Tenderer shall submit:

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 Proposed subcontract plan in accordance with the guidelines and requirements

stipulated in Appendix 7.
 Proposed SUBCONTRACTORS List in accordance with requirements of
Appendix 7.
6.11 HSE MANAGEMENT

Tenderer shall provide PROJECT specific HSE Plan in line with COMPANY
requirements for the Engineering, Design, Construction and COMMISSIONING
phases.
Tenderer shall note and confirm the following, as a minimum, in the PROJECT
specific HSE Plan:

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 Confirmation of Mobilization of HSE Manager, as approved by COMPANY prior

to award, within 15 days from the EFFECTIVE DATE.
 Confirmation of Mobilization of Certified HSE Supervisors or HSE Certified
Construction Supervisors in the ratio of 1:30 construction workers during the
complete duration of SITE works. In the event the SITE works is to be carried
out by SUBCONTRACTORS, the ratio of Certified HSE Supervisors or HSE
Certified Construction Supervisors to be mobilized directly from CONTRACTOR
for supervision of SUBCONTRACT works shall be at least 30% of total number
of Certified HSE Supervisors or HSE Certified Construction Supervisors
required at SITE. These Certified HSE Supervisors or HSE Certified
Construction Supervisors, whether it is from CONTRACTOR or

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SUBCONTRACTOR, shall all be certified from COMPANY approved agencies

as mentioned in EXHIBIT B.29.
 Tenderer shall specify its capabilities, resources and plans to execute the HSE
scope of WORK to the requirements set forth in the Enquiry Package.
 Tenderer shall provide details throughout its proposal how it will integrate the
hazard and effects management process within its HSE-MS.
 Tenderer shall describe its approach to reduce the risk of health, safety and
environment to the A.L.A.R.P. level during detailed design, Construction and
COMMISSIONING phases.

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 Tenderer shall provide an organization chart showing the relationship of its

proposed HSE staff. The organization chart should reflect its HSE Manager
reporting to Project Manager/Project Director and not to its Construction
Manager at SITE.
 Tenderer shall provide information that supports its competency to conduct
HAZID, HAZOP, SIL, SIMOPS and other design safety reviews (e.g. list of
client references and projects).
 Tenderer shall provide details on how it will manage actions associated with
HAZOP and other Hazard reviews, including those raised during FEED
engineering phase and throughout the detailed design, Construction and
COMMISSIONING phases.

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 Tenderer shall describe how it will:

 Update the FEED Health, Safety and Environmental Impact Assessment
(HSEIA)
 Implement the recommendations/requirements set forth in the HSEIA and
manage any related changes with the COMPANY and others as necessary
 Manage the HSEIA process from detailed design through to COMMISSIONING
This PROJECT specific HSE Plan shall be updated by successful Tenderer to

reflect COMPANY comments, if any, and shall be included in EXHIBIT B.6 of the
AGREEMENT to be entered into with successful Tenderer.

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In addition to submission of PROJECT specific HSE Plan as mentioned above,

Tenderer shall separately provide the following details:
 Describe how its Environmental Management System (EMS) contains all of the
elements to meet the requirements of ISO 14001 standards.
 Details of its Health Safety and Environmental Management System (HSE-MS
Tenderer shall submit its Corporate HSE Policy and a summary describing
management’s commitments to HSE.
 Standard HSE employee handbook(s) for office and SITE based activities.
 Following information, exactly as stated, for the three most recent years:

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Table 2: Tenderer to provide HSE Information for Most Recent 3 Years
2012 2013 2014
Number of first aid cases

Number of lost time incidents
Number of fatalities
Number of environmental incidents*
Number of work hours

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* NOTE: Incident shall include any spills or discharges that required reporting to any government body or
violation of any permit or consent decree violations.
6.12 QUALITY MANAGEMENT

Tenderer shall either be certified to or shall satisfy the essential requirements of
ISO 9001: 2008 - Quality Management Systems - Requirements. COMPANY’s
requirements in respect of Total Quality Management of the PROJECT are detailed
in EXHIBIT B.09 and B.10.
The following items are required to be submitted:
1. A copy of the Tenderer’s Quality Manual.

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2. A provisional PROJECT specific Quality Plan or a copy of previous typical Quality

Plan of similar PROJECT.
3. Evidence from a recognized Accreditation Body of Quality System Certification, like

Copy of ISO 9001: 2008 Certification for its proposed Office Locations, or a recent
compliance audit report and attestation from a COMPANY approved auditing body
confirming Quality System Compliance.
4. Proposed internal and external QA audit programme.
5. Details of its proposed QA/QC organization for both the Home Office and
construction site locations.

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6. List (only) of typical QA/QC procedures covering various aspects of PROJECT

execution.
6.13 OTHER SPECIFIC SUBMISSION REQUIREMENTS

Tenderer shall complete and submit the relevant portions of EXHIBIT A.11
“Performance Guarantees and Liquidated Damages”, where specifically so
indicated.
6.14 ELECTRONIC COPY

The original Technical Tender shall be accompanied by one set of CD-ROMS
containing all the submission information in native software format. Copy of

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Certificates and signed forms may be submitted in pdf format. In the event of
conflict between the original hard copy and the CD-ROMS, the original hard copy
version shall prevail.
7. STRUCTURE AND CONTENT OF UNPRICED COMMERCIAL TENDER
7.1 COVERING LETTER

The covering letter to include details of the single point of contact for the Tenderer.

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Tenderer shall include the duly ticked Check List for its Unpriced Commercial
Tender as per Appendix-11.
7.3 FORM OF TENDER

Tenderer shall submit along with the Unpriced Commercial Tender, the Form of
Tender (for Package-A) as per Appendix 2 to these Instructions to Tenderers. The
Form of Tender shall be signed by the authorized signatory of the Tenderer.

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7.4 AUTHORIZED SIGNATURE

The Tender shall show the full legal name of the tendering entity and business
address of the Tenderer, and shall be signed by the usual signature of the person
authorized to bind the Tenderer and shall be duly witnessed and dated.
In the event of a Joint Venture submission, the JV Agreement must specify the
authorized JV signatory (ies).
The Tender shall be signed either by the Tenderer personally or by its Attorney. If
the Tenderer is a company, then the signatory on its behalf shall prove that it is
authorized by such company and is vested with the relevant legal power. In the
case of an Attorney, a Power of Attorney authorizing the required power shall be

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annexed to the Tender. In all cases, such Power of Attorney or other requisite
authority shall be duly certified by the Notary Public in Abu Dhabi or by concerned
UAE Embassy in the event Power of Attorney is to be certified outside UAE.
7.5 TENDER SECURITY

Tenderer shall submit, along with its Unpriced Commercial Tender, a Tender
Security in the form attached as Appendix 3 hereto in the sum of US Dollars Fifty
Thousand (US$ 50,000). The Tender Security shall be drawn on a Bank in Abu
Dhabi, and shall remain valid initially until the date specified in the Invitation to
Tender. The validity of the Tender Security shall be extended, at no cost to

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COMPANY, until seventy five (75) days from the due date of submission of the
Priced Commercial Tender. .
The successful Tenderer shall be required to extend the validity of the Tender
Security until receipt by COMPANY of the Performance Bank Guarantee under the
AGREEMENT. The cost of the Tender Security shall be borne by the Tenderer.
COMPANY shall return to the unsuccessful Tenderers their Tender Security upon
receipt of a formal acceptance and Performance Bank Guarantee from the
successful Tenderer to COMPANY's letter of award.

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7.6 EXCEPTIONS/QUALIFICATIONS/CLARIFICATIONS
Tenderer shall submit Part-A and Part-B of Appendix 9 which shall include all its
technical and unpriced commercial exceptions / qualifications / clarifications to the
Enquiry Package. Any exception / qualification / clarification, which is not included
in this Section 7.6 of Unpriced Commercial Tender, shall be deemed withdrawn.
Tenderer shall note that COMPANY reserves the right not to consider any of the
proposed exceptions / qualifications / clarifications. In such an event if Tenderer
does not withdraw its proposed exceptions / qualifications / clarifications as
requested by COMPANY, such Tender may be rejected by COMPANY without
assigning any reasons.

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7.7 POWER OF ATTORNEY

Tenderer shall submit, a copy, certified as true and accurate by an authorized
officer of the Tenderer, of a Power of Attorney signed on behalf of the Tenderer and
duly notarized by the Notary Public of Abu Dhabi, authorizing a named individual or
individuals to sign the Form of Tender and AGREEMENT and all other documents
related thereto on behalf of the Tenderer or by concerned UAE Embassy in the
event Power of Attorney is to be certified outside UAE.
In the event of a Joint Venture submission, the JV Agreement must specify the duly
authorized Power of Attorney (ies).

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7.8 JOINT VENTURES

Tenders submitted by Joint Ventures are to comply with the following requirements:
(i) The Form of Tender shall be signed by all venturers or by the authorized
signatory (ies) identified in the Joint Venture agreement, so as to be legally
binding on each member of the Joint Venture. The name of the signatory
shall be shown in print underneath each signature.
(ii) A copy of the Joint Venture agreement in accordance with the form
enclosed as Appendix 8that has been entered into by venturers shall
accompany the Tender. The Joint Venture Agreement shall be duly
authenticated by Abu Dhabi Chamber of Commerce or Notary Public in Abu

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Dhabi. Unless already specifically included in the terms of such an

agreement, the following declaration and information shall be given in a
statement, signed by all the Joint Venture partners, to be included in
Package "A" of the Tender:
(a) That the venturers of the Joint Venture shall be jointly and severally
liable for the execution of the WORK in accordance with the terms of
the AGREEMENT and that in the event that any one of the venturers
ceases to be a member of the Joint Venture or goes into liquidation
then the surviving venturer(s) shall have the full obligation to carry out
and complete the WORK and shall be empowered to use all resources
furnished by any party in the Joint Venture and shall be entitled to have
any subcontracts assigned to it.

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(b) The interest of each of the venturers in the Joint Venture.
(c) The name of the Joint Venture partner nominated to act as manager of
the Joint Venture and who in such capacity is authorized to incur
liabilities and enter into a contractual relationship with third parties, to
receive instructions and action instructions from COMPANY and to
make and receive payments on behalf of the Joint Venture.
(d) That the declaration given takes precedence over anything which may
be contained in the said Joint Venture agreement.
The above requirements will also apply for Consortium Agreement also.

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7.9 OFFICIAL REGISTRATION DOCUMENTS

Tenderer shall ensure that it is duly registered with Abu Dhabi Municipality and Abu
Dhabi Chamber of Commerce & Industry and shall submit copies of said
registrations in Arabic language as well as in English translation.
7.10 PARENT COMPANY GUARANTEE

The successful Tenderer shall be required to submit a Parent Company Guarantee,
if applicable, after award in the format as set out in EXHIBIT A.12.4. However,
Tenderer shall confirm the name of its Parent Company along with this tender.

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Tenderer shall provide details of its Parent Company along with audited annual
reports of the proposed Parent Company (ies) for the last three (3) years.
7.11 ELECTRONIC COPY

The original Unpriced Commercial Tender shall be accompanied by one set of CD-
ROMS containing all the submission information in native software format. Copy
of Certificates and signed forms may be submitted in pdf format. In the event of
conflict between the original hard copy and the CD-ROMS, the original hard copy

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ABU DHABI GAS

(GASCO)
8. STRUCTURE AND CONTENT OF PRICED COMMERCIAL TENDER
8.1 COVERING LETTER

Tenderer to include the covering letter for its Priced Commercial Tender

Tenderer shall include the duly ticked Check List for its Priced Commercial Tender
as per Appendix-11.

UPGRADE
ABU DHABI GAS

(GASCO)
8.3 FORM OF TENDER

Tenderer shall submit the Form of Tender (for Package-B) as per Appendix 2 to
these Instructions to Tenderers. The Form of Tender for the Priced Commercial
Tender shall be signed by the same authorized signatory who has signed the Form
of Tender for the Technical &Unpriced Commercial Tender.
8.4 PRICING SCHEDULE

Tenderer shall submit an original of EXHIBIT A.7 “AGREEMENT PRICE, Invoicing &
Payment and Rates for Variations” fully priced and completed in all respects.

UPGRADE
ABU DHABI GAS

(GASCO)
8.5 VALUE ENGINEERING OPTIONS

As an option, Tenderer is encouraged to submit its proposed Value Engineering
Options (Cost Saving Options). The value engineering option shall be cost saving
option only with no impact on the overall Project Schedule subject to concerned option
being exercised by COMPANY within its validity period. The commercial details of all
the Value Engineering Options (Cost Saving Options) shall be included in the
EXHIBIT A.7.
All the proposed Value Engineering Options shall be accompanied by all relevant
technical details and descriptions in accordance with the Appendix-10 to enable
COMPANY to evaluate them. All the relevant technical details and descriptions
shall be submitted by Tenderer under separate sealed envelope titled “ENQUIRY

UPGRADE
ABU DHABI GAS

(GASCO)
NO. 13560502 for RUWAIS - TRAIN 1 & 2 PROCESS FURNACES UPGRADE

Project, VALUE ENGINEERING OPTIONS – TECHNICAL DETAILS”
COMPANY may review and consider technically acceptable value additional
proposal(s) for commercial evaluation and award of subject Tender.
COMPANY may, at its sole discretion, include any or all of the proposed cost
saving options in the AGREEMENT as Optional Items to be exercised at the sole
discretion of COMPANY during execution of the WORK within the indicated validity
period.

UPGRADE
ABU DHABI GAS

(GASCO)
8.6 ELECTRONIC COPY

The “original” Priced Commercial Tender shall be accompanied by a CD-ROM
containing all the above information submitted in native software format. In the event
of conflict between the original hard copy and the CD-ROM, the original hard copy

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RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO

ABU DHABI GAS

Instructions to Tenderer Page 1 of 116

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0 Issued for Enquiry Document

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6. STRUCTURE AND CONTENT OF TECHNICAL TENDER........................................................16

Instructions to Tenderer Page 7 of 116

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APPENDIX 1 – ACKNOWLEDGEMENT LETTER

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ABU DHABI GAS

APPENDIX 6 – VENDORS LISTS

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ABU DHABI GAS

Instructions to Tenderer Page 10 of 116

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1.2 SCHEDULE FOR EXECUTION

1.3 DEFINITIONS USED IN INSTRUCTIONS TO TENDERERS

Instructions to Tenderer Page 11 of 116

ABU DHABI GAS

1.4 ENQUIRY PACKAGE CONTENT

Instructions to Tenderer Page 12 of 116

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1.5 COMPLIANCE WITH COMPANY’S INSTRUCTIONS

1.6 FORM OF AGREEMENT

Instructions to Tenderer Page 13 of 116

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Instructions to Tenderer Page 14 of 116

ABU DHABI GAS

2. GENERAL CONDITIONS OF TENDER

2.1 ACKNOWLEDGEMENT TO TENDER

Instructions to Tenderer Page 15 of 116

ABU DHABI GAS

2.2 DECLINATION TO TENDER

Instructions to Tenderer Page 16 of 116

ABU DHABI GAS

2.3 CONFIDENTIALITY OF DOCUMENTS

Instructions to Tenderer Page 17 of 116

ABU DHABI GAS

PO Box 665, Abu Dhabi, U.A.E.

Fax: +971 2 6031152

2.5 CLARIFICATION REQUESTS BY TENDERER

Instructions to Tenderer Page 18 of 116

ABU DHABI GAS

All queries from Tenderers must be in writing or confirmed in writing if verbally

Instructions to Tenderer Page 19 of 116

ABU DHABI GAS

2.6 TENDER BULLETINS/TENDER CLARIFICATIONS ISSUED BY COMPANY

1. For Tender Bulletins and Tender Clarifications issued prior to receipt of