001 itt tender bond network call off final

This document is the property of MHWCOC and it is issued to recipient under strict confidentiality conditions. All rights reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanic, photocopying, recording or otherwise passed to or disclosed to any third party without the prior written consent of MHWCOC.

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TC/MHWCOC/VS/004/2013 Page 1 of 23

TENDER NO. TC/MHWCOC/VS/004/2013

FOR

Network Call of Agreement

24th World Men’s Handball Championship

Organising Committee

Issue Date: :15/01/2014

Closing Date: 22/01/2014


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DISCLAIMER

These Instructions to Tenderers are issued by MHWCOC (hereinafter the “MHWCOC”) to

Tenderers following the Invitation to Tender The Invitation to Tender includes the Tender

Documents in addition to any other information which is thereafter made available to

potential Tenderers by the MHWCOC in accordance with the conditions as stated

hereinafter.

These Instructions to Tenderers have been prepared equitably and neither the MHWCOC,

nor any of its representatives or agents, accepts any responsibility or liability whatsoever

in relation to the accuracy, adequacy, or completeness of these Instructions to Tenderers,

nor do they make any warranty or representation, either express or implied, in relation to

any information or material in the Instructions to Tenderers or upon which the Invitation to

Tender is based. Unless expressly stated, the Invitation to Tender does not create, either

expressly or impliedly, an offer or an invitation to enter into contract, nor does it grant any

exclusiveness for any Tenderer, nor shall it give rise to any legal relations or obligations

whatsoever.

The Invitation to Tender does not and is not intended to form the source of any contract

and shall not create any reliance in respect to any commitment or contract. The

information contained in the Instructions to Tenderers does not purport to be

comprehensive or to have been verified by an independent party. Any liability on the part

the MHWCOC or any of its representatives or agents, in respect of the Invitation to Tender

and the Instructions to Tenderers is hereby expressly disclaimed Nothing in the Invitation

to Tender or Instructions to Tenderers is a promise or representation as to the

MHWCOC's, or any of its representatives’ or agents’, final decision in relation to the

provision of the Services nor should be relied upon by any Tenderer as such.

The MHWCOC reserves the right to change, vary, add to, or omit any aspect or part of the

Instructions to Tenderers during the procurement process, and the process or procedures

for such. The MHWCOC also reserves its right not to accept the lowest, the most

economically advantageous or any Tender, to reject all or any Tenders and to withdraw

from the Tender process at any time for any reason whether currently known or unknown

without prior notice to any and all Tenderers; and, without limitation neither the MHWCOC

nor any of its representatives or agents shall incur any liability whatsoever (including, any

and all costs or expenses of any Tenderers) in such respect.

The Invitation to Tender and these Instructions to Tenderers are made to the Tenderer

subject to this disclaimer and are deemed to be complimentary to each other. By

accepting the Invitation to Tender the Tenderer agrees to be bound by the conditions set

out in this disclaimer and any and all conditions elsewhere in the Invitation to Tender and

Instructions to Tenderers.


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LIST OF CONTENTS

PART I - INSTRUCTIONS TO TENDERERS AND ATTACHMENTS Instructions to Tenderers

Attachments: Attachment 1. Letter of Acknowledgement of Tender Documents Receipt Attachment 2. Secrecy Declaration Attachment 3. Form of Tender Bond (Provisional Bank Guarantee) Attachment 4. Statement of Compliance Attachment 5. Form of Tender

PART II - FORM OF CONTRACT

i. General Conditions of Contract

ii. Form of Agreement

iii. Appendices:

APPENDIX A SCOPE OF SERVICES APPENDIX B SCHEDULE OF PRICES APPENDIX C INSURANCE APPENDIX D CONTRACTOR PROPOSAL APPENDIX E ADMINISTRATION INSTRUCTIONS


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PART – I

INSTRUCTIONS TO TENDERERS AND ATTACHMENTS


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INSTRUCTIONS TO TENDERER TABLE OF CONTENTS

IT.1. DEFINITIONS

IT.2. GENERAL

IT.3. VALIDITY OF TENDER

IT.4. FAMILIARISATION WITH APPLICABLE LAWS AND REGULATIONS

IT.5. TENDER DOCUMENTS

IT.6. SECRECY DECLARATION

IT.7. SITE VISIT AND MID-TENDER MEETING

IT.8. QUERIES

IT.9. TENDER ADMINISTRATION

IT.10. TENDER CIRCULARS

IT.11. FULLY INFORMED

IT.12. RULING LANGUAGE

IT.13. TENDER RATES

IT.14. FORM OF TENDER

IT.15. BANK GUARANTEES

IT.16. NO ALTERATIONS TO THE TENDER DOCUMENTS

IT.17. SUBMISSION OF TENDERS

IT.18. ALTERNATIVE OFFERS

IT.19. SUB-CONTRACTING

IT.20. CORRECTION OF ARITHMETICAL OR OTHER ERRORS

IT.21. TENDER PRESENTATIONS AND CLARIFICATIONS

IT.22. ACCEPTANCE, REJECTION OF TENDERS OR CANCELLATION OF INVITATION TO TENDER AND INCURRED COSTS

IT.23. RIGHT TO VARY THE WORKS

IT.24. NOTIFICATION OF ACCEPTANCE

IT.25. FAILURE TO SIGN THE CONTRACT

IT.26. RETURN OF TENDER DOCUMENTS

IT.27. PUBLIC RELATIONS

IT.28. MHWCOC RIGHT TO AWARD PARTIAL SCOPE OF SERVICES


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TENDER NO. TC/MHWCOC/VS/004/2013 INSTRUCTIONS TO TENDERERS

IT.1. DEFINITIONS

In these Instructions To Tenderer, unless the context otherwise requires, the following terms shall have the meanings assigned to them below.

“Closing Date” means the deadline for the submission of Tenders as nominated in the letter of Invitation To Tender. "MHWCOC" means MHWCOC, P.O. Box 7494, Doha, Qatar. “Instructions To Tenderer” means the terms and conditions that govern the Invitation To Tender and the Tender process. “Invitation To Tender” means this invitation and the Invitation To Tender Documents issued by MHWCOC to a Tenderer to submit a Tender in accordance with these Instructions To Tenderer. “Invitation To Tender Documents” means the documents provided to Tenderers by MHWCOC pursuant to the Invitation To Tender as listed in IT.5 herein, and any amendments thereto. “Performance Bond” means the document referred to as such and described in IT.15. “Tender” means a proposal by a Tenderer in response to the Invitation To Tender and any subsequent Tender clarifications. “Tender Bond” means the document referred to as such and described in IT.15 “Tenderer” means a recipient of this Invitation To Tender. “Contract” means Form Of Agreement , General Conditions Of Contract And Appendices stated under Part II of tender documents

IT.2. GENERAL

These Instructions to Tenderer issued by MHWCOC outline and govern the procedures and process to be followed for completing and submitting Tenders. Tenderer shall comply with the terms and conditions set forth in these Instructions To Tenderer while preparing its Tender. Failure to provide all of the required materials and information, or failure to comply fully with these instructions in any way may render the Tender null and void. If Tenderer does not accept all of these Instructions To Tenderer it must immediately return the Invitation To Tender Documents to MHWCOC, and Tenderer will not be allowed to participate further in the Invitation To tender process. MHWCOC may vary the Instructions To Tenderer at any time before or following the Closing Date by notice in writing.

This Invitation To Tender may not be construed in any way as an offer. Submission of a Tender does not create a contract in any way unless and until the Tender is accepted by MHWCOC and the parties formally execute a contract.

IT.3. VALIDITY OF TENDER

The Tender shall be valid for a period of not less than one hundred twenty (120) calendar days after the Closing Date, during which period it shall remain fixed, binding, irrevocable and open for acceptance by MHWCOC. MHWCOC intends to notify all Tenderers of the result of their Tender submission during this period. A Tender cannot be withdrawn or varied after the Closing Date except with the written consent of MHWCOC. If the Tenderer retracts or withdraws its Tender during the period of its validity without receiving written consent of MHWCOC, MHWCOC may, at its sole discretion, without the need for summons or notice or other legal formalities:

(i) encash the Tender Bond, and

(ii) exercise any other rights stipulated in the Tender Documents.

IT.4. FAMILIARISATION WITH APPLICABLE LAWS AND REGULATIONS


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This Invitation To Tender is governed by the laws of the State of Qatar. Tenderer shall comply with all laws applicable to the subject matter of this Invitation To Tender and agrees to indemnify and hold MHWCOC harmless in respect of any breach of such laws.

Tenderer shall thoroughly familiarize itself with the laws applicable to the work or services forming the subject matter of this Invitation To Tender, particularly Qatar Labour law and laws pertaining to intellectual property, import, export or re-export, customs and taxes, as well as the Ministry of Economy and Commerce requirement that any company carrying out works or services in Qatar must be registered in its books. By submitting a Tender, the Tenderer is deemed to have made the necessary allowances in the prices, programme and other components in its Tender for adhering to all laws, rules, regulations and procedures applicable to the services or works whether in the State of Qatar or elsewhere.

IT.5. TENDER DOCUMENTS

The Invitation To Tender Documents consist of:

1. Instructions to Tenderers and Attachments. 2. Form of Agreement. 3. General Conditions of Contract and Appendices.

Tenderers must not change the formats of the above documents and fill their responses in the same format and return as per the instructions in the IT.16: Submission of Tender. Tenderer shall ensure that the Invitation To Tender Documents it has received are complete and must return the Letter of Acknowledgment (Attachment 1) within five (5) calendar days of receipt. The Letter of Acknowledgment must be completed, signed and delivered by hand or transmitted by fax to the following address:

The Chairman, Tenders Committee (TC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

Fax Number +974 44944183

Tenderer shall notify MHWCOC immediately if any discrepancy, omission or ambiguity is discovered in the Invitation To Tender Documents.

IT.6. SECRECY DECLARATION

Tenderer warrants that it shall abide by the Secrecy Declaration, appended hereto (Attachment 2) and this form must be completed, signed and returned with the Letter of Acknowledgment.

Additionally, Tenderer shall keep confidential the Invitation To Tender Documents and all information included therein or provided by MHWCOC in connection therewith. Tenderer shall and shall ensure that it’s officers, employees, representatives, advisors, contractors and subcontractors do not, without the prior written consent of MHWCOC, disclose or use such information for any purpose other than to prepare and submit a Tender. In the event MHWCOC grants its written consent, Tenderer shall ensure that any disclosure is made subject to confidentiality obligations on the third party identical to those imposed on the Tenderer.

IT.7. SITE VISIT AND MID-TENDER MEETING

Tenderer may, at the sole discretion of MHWCOC, be requested to attend a site visit and/or a mid-tender meeting to become familiar with the physical and other conditions pertaining to the work or services to be performed. MHWCOC shall notify the Tenderer of any site visit and/or mid-tender meeting via the issuance of a Tender Bulletin. The Tenderer may designate no


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more than two (2) representatives to attend on its behalf and at its own cost. It is strongly recommended that the Tenderer attend any scheduled site visit and mid-tender meeting.

IT.8. QUERIES

Tenderers may request MHWCOC to provide clarification or elaboration on the information provided in Invitation To Tender Documents. Any queries relating to the Invitation To Tender Documents or the submission of Tenders must not be raised by telephone or personal contact or directed to any MHWCOC employee by name, but must be submitted in writing, preferably by fax, to the address given in IT.5 above only. Any violation of this instruction shall render the Tenderer’s Tender invalid.

Any response issued will be in the form of a question and answer and will be distributed to all Tenderers without revealing the identity of the enquirer. Queries must be received at the above address or fax only and no later than seven (7) calendar days prior to the Closing Date; any queries received thereafter shall be ignored.

IT.9. TENDER ADMINISTRATION

For the purposes of administering the Tender process MHWCOC will nominate a single point of contact: The Tender Administrator.

MHWCOC’s single point of contact for Tender administration, to whom all queries shall be sent, shall be:

The Secretary, Tender Committee, MHWCOC, Doha, Qatar Fax Number: + 974 - 44944183 E-mail: [email protected]

Tenderer’s single point of contact. Tenderers shall nominate a single point of contact within their organization and provide this person’s name and contact details to the MHWCOC’s Tender Administrator. Acknowledgement of receipt of Invitation to Tender. Upon receipt of the Invitation to Tender the Tenderer shall check the issued Tender Documents against the provided list and if the documentation received is incomplete the Tenderer shall notify the Tender Administrator accordingly. Within five (5) calendar days of receipt of the fully complete Invitation to Tender and Tender Documents the Tenderer shall sign and return to the Tender Administrator the ‘Letter of Acknowledgement which shall act as confirmation of the receipt of the Invitation To Tender and Tender Documents. The Tenderer shall complete the Tender Acknowledgement form notifying that either: The Tenderer intends to submit a bonafide Tender by the Tender return date in accordance with the requirements of MHWCOC; or The Tender does not intend to submit a Tender for the proposed Services. In which case the Tenderer shall complete the form further indicating his intentions and return all of the Tender Documents.

IT.10. TENDER CIRCULARS

Any addenda, circulars issued for queries raised by tenderers or minutes of meeting in relation to this Invitation To Tender will be issued as Tender Bulletins and shall be sent to all Tenderers.


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Tenderers shall acknowledge receipt of all Tender Bulletins on the ”Statement of Compliance” and the “Form of Tender” and shall allow for any costs or contingencies in connection therewith in the Tender prices or programmes.

Tenderers shall only accept and act upon responses to queries issued by the Tender Administrator. Any responses not so issued shall be immediately referred to the Tender Administrator for confirmation or otherwise.

IT.11. FULLY INFORMED

The information provided by MHWCOC in or in connection with the Invitation To Tender is provided in good faith to assist Tenderers to prepare their Tenders. MHWCOC does not claim or warrant that such information is exhaustive, accurate or complete. Tenderer shall not rely solely on the information provided by MHWCOC and, before submitting its Tender, Tenderer shall make all necessary investigations to become fully informed of the subject matter of the Invitation To Tender Documents including the services or works to be performed.

Tenderer shall be responsible for examining with appropriate care the contents of the Invitation To Tender Documents including all Addenda, Tender Bulletins and all Technical Information provided, shall inspect all locations relevant to the services/works to be performed, and shall make all investigations and examinations necessary to ascertain all conditions and requirements relevant to the full performance and completion thereof. Tenderer must satisfy itself as to the nature of the services/work, the local conditions that might affect its performance in any way, the risks involved and the correctness and sufficiency of the rates and prices submitted.

IT.12. RULING LANGUAGE

The Invitation To Tender Documents, all information, queries or clarification in connection therewith and all Tenders shall be in the English Language.

IT.13. TENDER RATES

Tenderer shall submit prices and/or rates for all the items required by the Schedule of Prices. All amounts are to be quoted in Qatar Riyals. Prices and rates are to be entered in indelible ink and submitted only on the Form of Tender and the Schedule of Prices sheets provided.

IT.14. FORM OF TENDER

Tenderer shall complete and submit the enclosed Form of Tender, which must be signed by a person duly authorized to sign on behalf of the Tenderer. MHWCOC may require Tenderer to submit evidence of such authorization and Tenderer agrees to submit such evidence as may be satisfactory to MHWCOC upon MHWCOC’s request. MHWCOC may reject any Tender submitted without the completed and signed Form of Tender or without the evidence of authorization if required.

IT.15. BANK GUARANTEES

Tenderer must submit a Tender Bond in the form of a bank guarantee, with its Tender. The value of the Tender Bond shall be Qatar Riyals 70,000.00 QR.

- The Tender Bond must be issued or endorsed by a bank or a bank branch in Qatar. Cash or cheques are not an acceptable substitute.

- A bank guarantee issued in respect of another tender is not acceptable. Bonds issued by insurance companies are not acceptable.

- The wording of the Tender Bond must be exactly in accordance with the format appended hereto (Attachment 3).

The validity of the Tender Bond must be for no less than one hundred fifty (150) calendar days after the Closing Date.


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In the event MHWCOC requests an extension of the Tender validity period, and the Tenderer agrees to such extension, it must revalidate its Tender Bond for the period of extension plus thirty (30) calendar days.

The original of the Tender Bond shall be submitted in a separate sealed envelope. The envelope must not bear any mark indicating the name of the Tenderer but shall be clearly marked on the outside with “TENDER BOND - ORIGINAL” in addition to the Tender number, Tender title and the Closing Date.

Tenders not accompanied by the Tender Bond may, at the sole discretion of MHWCOC, be rejected without the need to notify the Tenderer of the rejection.

Tender Bonds submitted by unsuccessful Tenderers shall be returned by MHWCOC after the successful Tenderer has executed the contract.

In the event that the successful Tenderer is required to submit a Performance Bond in the form of a Bank Guarantee or any other form as stipulated in the General Conditions of Contract and in Appendix E- Attachment 1, the successful Tenderer’s Tender Bond shall remain valid until the Performance Bond is submitted and accepted by MHWCOC. If the successful Tenderer fails to provide the Performance Bond within the specified period, MHWCOC shall have the right to immediately encash the full amount of the Tender Bond.

IT.16. NO ALTERATIONS TO THE TENDER DOCUMENTS

No erasures, alterations, additions or deletions shall be made to the Invitation To Tender Documents. Any Tender that is incomplete or contains alterations, erasures or prices, in the Schedule of Prices, that are not clear and legible may be excluded from consideration at the sole discretion of MHWCOC.

Any mistake made in completing the Tender and corrected before the submission of the Tender shall be signed by the same person who signs the Form of Tender.

IT.17. SUBMISSION OF TENDERS

Tenderer shall submit its Tender in three (3) separate sealed envelopes, the 1st envelope

containing the Tender Bond, the 2nd

one containing the technical (un-priced) Tender, and the 3

rd one containing the commercial (priced) Tender. Each envelope must be identified

with clear marking of the contents, whether “TENDER BOND”, “TECHNICAL PROPOSAL” or “COMMERCIAL PROPOSAL” on the outer cover.

The envelopes must not bear any mark indicating the name or identity of the Tenderer but shall be clearly marked on the outside with the Tender number stated on the Form of Tender, the Tender title, the Closing Date and the content of the envelope, as indicated above.

Tenderer must submit one (1) original and two (2) copies of its Tender. The original shall be clearly marked “ORIGINAL”.

The Tender and accompanying documents shall be delivered to:

The Chairman, Tenders Committee (TC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

Fax Number +974 44944183

no later than 12.00 hours on the Closing Date.

Tenderer must affix its company stamp to and initial every page of its original Tender, which should include all parts of the Invitation To Tender Documents.


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The Tender must be received on or before the Closing Date, at the above address, either by registered mail or by messenger. Messengers should obtain a receipt to confirm delivery time. The method of delivery is the sole responsibility of the Tenderer.

Tenderer shall complete and submit all details, forms and information as required by the Invitation To Tender Documents. Failure to submit a complete Tender or failure to comply fully with the Instructions To Tenderer in any way may render the Tender null and void.

It is MHWCOC’s intention to open and evaluate the technical Tender first. The “TECHNICAL PROPOSAL” package should not contain any commercial proposals, but should only contain the following:

a) Completed and signed Statement of Compliance b) Completed Contract Appendices (except Appendix B). c) Technical Details of any alternative proposals.

The “COMMERCIAL PROPOSAL” package should contain the following:

a) Completed and signed Form of Tender. b) Completed Schedule of Prices (Appendix B). c) Commercial Details of any alternative proposals.

Tenderer warrants that the Tender and all documents and material submitted as part of the Tender are not subject to any intellectual property rights of any third party, which rights may hinder or otherwise limit in any way MHWCOC’s reproduction or other use of such documents or materials for the purposes of evaluating and processing the Tender.

IT.18. ALTERNATIVE OFFERS

Tenderer shall submit a valid and compliant Tender in accordance with the terms and conditions of the Invitation To Tender Documents without any qualifications whatsoever.

Submissions that do not fully comply with the requirements of the Tender Documents may not be considered for evaluation by MHWCOC.

If Tenderer desires to propose the use of alternative procedures or methods that will provide technical superiority and/or will result in savings to MHWCOC, or if it has any reservations on any of the Invitation To Tender Documents terms and conditions, it may submit such reservations in an additional separate alternative Tender to its unqualified Tender and full details in triplicate shall be included.

Deviations, qualifications or exceptions to any of the contents of the Invitation To Tender Documents, shall be spelt out clearly and highlighted by Tenderer, so as to bring the same to MHWCOC’s immediate attention. All deviations, qualifications or exceptions shall be submitted and highlighted in the Technical Proposal. The price implications of deviations, qualifications or exceptions shall be indicated in the Commercial Proposal. Tenderer shall confirm against each deviation or qualification in the Technical Proposal that respective price is included in the Commercial Proposal.

IT.19. SUB-CONTRACTING

Where the Tenderer intends to sub-contract one or more elements of the Tender, this must be clearly stated by the Tenderer in its submission and the elements to be sub-contracted clearly identified to each particular sub-consultant.

The subcontracted services / works shall not exceed the 40% of the total value of the provided Services or Works

For this purpose individual experts recruited for the Project are not regarded as sub-contractors.

All proposed sub-contractors must be identified in the Form of Tender and will be subject to approval as part of the Tender evaluation process.

Sub-contracting is only allowed with firms that have not been issued with an Invitation to Tender for the Services and only on condition that the Tenderer explicitly states that it is the sole party


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which will be contractually liable. All sub-contractors shall be approved by MHWCOC as set forth in the General Conditions of the Contract-Part 2.

IT.20. CORRECTION OF ARITHMETICAL OR OTHER ERRORS

Should the amount put in words differ from the amount put in figures, or if there is an arithmetical error or inconsistency in the Schedule of Prices or between the Schedule of Prices and the Form of Tender, the lesser amount shall be taken, unless MHWCOC, at its sole discretion, determines otherwise.

In the event any adjustment, correction, or amendment made by MHWCOC to a Tender will have bearing on MHWCOC’s decision to award a contract, MHWCOC shall advise Tenderer of such adjustment, correction or amendment for its acknowledgment.

Tenderers shall not be permitted to make corrections or amendments to their Tender for any reason whatsoever after the time and date fixed for the submission of the Tender.

The Arithmetic or other errors made by the Tenderer in compiling his tender shall be adjusted as follows:-

(a) Where the total of arithmetical errors is such that the Amount of Tender would have been increased, then the individual rates and / or prices shall be proportionally reduced such that the Contract Price of the awarded contract shall be the same as the Amount of Tender. Such proportional correction shall not apply to any Prime Cost or Provisional Sums included in the Tender documents provided by the Employer.

Where the total of arithmetical errors is such that the Amount of Tender would have been reduced, then the individual rates and / or prices shall each be corrected such that the Contract Price of the awarded contract shall be for the corrected and reduced amount.

Any adjustment, correction, clarification or amendment made to a Tender shall be stated to the Tenderer prior to award of the contract.

Where the Amount of Tender is computed by a Tenderer by making a lump sum adjustment to the summed total of the Bills of Quantities or to the summed total of a section of the Bills of Quantities, then the lump sum adjustment so made will be deemed to apply proportionally to the individual rates and prices throughout the Bills of Quantities, or throughout that section of the Bills of Quantities.

Such proportional adjustment shall not be applied to any Prime Cost or Provisional Sums given in the Tender Documents by MHWCOC.

Such proportional adjusted rates and prices shall be those rates and prices used later during the currency of the contract to assess the value of variations to the contract and for the valuation of measured work done for interim payments.

IT.21. TENDER PRESENTATIONS AND CLARIFICATIONS

MHWCOC may request Tenderer to submit additional information concerning its Tender. If Tenderer fails to submit any information requested by the date and time stipulated by MHWCOC, MHWCOC may decide not to consider the Tender further. MHWCOC may require Tenderer to demonstrate to MHWCOC’s satisfaction Tenderer’s ability to meet the requirements of the Invitation To Tender, including making presentations in Doha to MHWCOC’s management and Tenderer shall comply with MHWCOC’s requests and make the presentations as required on the dates and at the times specified by MHWCOC, at Tenderer’s cost and expenses.

IT.22. ACCEPTANCE, REJECTION OF TENDERS OR CANCELLATION OF INVITATION TO TENDER AND INCURRED COSTS

MHWCOC is under no obligation to award a contract or to accept the lowest or any Tender and will not assign any reason for the rejection of any Tender.

MHWCOC shall have the right to accept one or more Tenders, to negotiate with one or more Tenderers, to accept any part of a Tender and award a contract accordingly.


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MHWCOC shall have the right to withdraw the Invitation To Tender at any time and shall not be bound to provide any details of the basis for such cancellation. In the event of the cancellation of the Tender process, Tenderers shall be notified in writing by the Tender Administrator. If the Tender process is cancelled before the outer envelope of any Tender has been opened, the un-opened and sealed envelopes shall be returned to the Tenderers.

MHWCOC shall not be responsible for any costs or expenses incurred by the Tenderer in connection with its Tender, any site visit, attending meetings, obtaining additional insurance, etc., or for the formation of the contract should the Tenderer be successful.

The Tenderer shall not have any recourse for any redress if MHWCOC, for whatever reason, awards the contract to another Tenderer or does not award any contract.

IT.23. RIGHT TO VARY THE WORKS

MHWCOC has the right, during the Contract Period, to increase or decrease the Works by up to 20% (twenty per cent) of the Contract Sum.

IT.24. NOTIFICATION OF ACCEPTANCE

MHWCOC will, at its sole discretion, require the successful Tenderer to enter into a contract based on the terms and conditions set forth in Part 2 of the Invitation To Tender Documents and any amendment thereto made during the course of the Invitation To Tender process.

The contract executed by MHWCOC and the successful Tenderer shall exclusively govern the relationship between the parties for the term of the contract. The Contract shall be based on the terms and conditions set forth in Part 2 of the Instructions to Tender Documents and any amendment thereto made during the course of the Tendering process.

By way of a Letter of Acceptance (“LOA”) or the Letter of Award (LOAw), MHWCOC shall notify the successful Tenderer of MHWCOC’s acceptance of its Tender, subject to the following conditions precedent:

a) Submission of Performance Bond and/or any other guarantees in the form required by the contract on the date specified in LOA or LOAw

b) Submission of necessary Insurances, as required per Appendix C, on the date specified in LOA or LOAw and

c) Signing of the contract.

Unless stated to the contrary, for the purpose of determining the effective dates of the Performance Bond and the Insurances, the EFFECTIVE DATE mentioned in the letter shall be used.

The successful Tenderer will be instructed to sign the contract after the submission of the above-mentioned documentation a & b. For the avoidance of doubt:

(i) the EFFECTIVE DATE, as entered on the Form of Agreement, shall be determined at the sole discretion of MHWCOC, and

(ii) MHWCOC and the successful Tenderer shall be considered as contracting parties only upon execution and signature of the contract document by their duly authorized representatives. The authorized representative of the successful bidder for the signing of the contract, the nominated person’s name should be appeared on their commercial registration.

Within fourteen (14) calendar days of the Notice of Acceptance MHWCOC shall compile the two original copies of the Contract, initial the bottom right hand corner and issue to the successful Tenderer the Contract documents for signature. The Tenderer shall sign and return the original copies of the Contract to MHWCOC within five (5) calendar days.

If the successful Tenderer fails to submit the documentation per (a) and (b) above within the time period stipulated in the LOA, MHWCOC may, at its sole discretion, without the need for summons or notice or other legal formalities exercise any or all of

(i) encashing the Tender Bond, (ii) (ii) exercising any other rights stipulated in the Invitation To Tender Documents,


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(iii) (iii) notify the successful Tenderer that the contract is, ipso facto, terminated and recover from the successful Tenderer any losses MHWCOC has sustained as a consequence of the successful Tenderer’s failure to fulfill its obligations.

The successful Tenderer will be instructed to sign the contract after the submission of the above-mentioned documentation.

The Tenderer shall sign and return the original copies of the Contract to MHWCOC within five (5) calendar days.

For the avoidance of doubt, the EFFECTIVE DATE, as entered on the Form of Agreement, shall be determined at the sole discretion of MHWCOC.

IT.25. FAILURE TO SIGN THE CONTRACT

Following receipt and acceptance by MHWCOC of the submitted Performance Bond and Insurances, MHWCOC shall prepare the contract based on the Invitation To Tender Documents, the successful Tender and subsequent agreed conditions (if any), and issue the same for signature. The signing of the contract by the successful Tenderer and MHWCOC evidences execution of the contract and establishes the EFFECTIVE DATE.

If the successful Tenderer fails to sign the Contract on the specified date without giving an acceptable justification, MHWCOC may, at its sole discretion, without the need for summons or notice or other legal formalities may exercise any or all of the following remedies:

a) Encash the Performance Bond, and/or

b) Exercise any other rights stipulated in the contract, and/or

c) Notify the successful Tenderer that the contract is, ipso facto, terminated and recover from the successful Tenderer any losses MHWCOC has sustained as a consequence of the successful Tenderer’s failure to fulfil its obligations.

d) Impose any other sanctions as per MHWCOC Regulations or at law.

IT.26. RETURN OF TENDER DOCUMENTS

The Invitation To Tender Documents, including any drawings, specifications, etc., and any information or documentation in connection therewith, forwarded to the Tenderer and copyright therein are and shall continue to be the sole property of MHWCOC. If the Tenderer declines to submit a Tender, or if the Tenderer is unsuccessful, it shall immediately return all the Invitation To Tender Documents, inclusive of any photocopies made, forthwith from the date Tenderer declines to submit a Tender or from the date it is notified that it is unsuccessful.

IT.27. PUBLIC RELATIONS

All public relations matters in connection with the Invitation To Tender are the property and the right of MHWCOC solely. Tenderer shall not make any public announcements in relation to this Invitation To Tender or any matters relating thereto without MHWCOC’s prior written consent. MHWCOC reserves the right to reject the Tender at any stage and without notice and to pursue all remedies available to it under the law, should Tenderer make any public announcement or statement in any manner in relation to the Invitation To Tender at any time without MHWCOC’s prior written consent.

IT.28. MHWCOC RIGHT TO AWARD PARTIAL SCOPE OF SERVICES

Tender’s attention is drawn to that MHWCOC reserves the right to award the requested services, or any portion thereof, to one supplier or a combination of suppliers, depending on what best meets MHWCOC’s needs.

* * *


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Please complete and return to Fax No. (+974) 44944183

LETTER OF ACKNOWLEDGEMENT

The Chairman, Small Tenders and Auction Committee (STAC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

Fax Number +974 44944183

Subject : TENDER NO. :

TENDER TITLE:

Dear Sir,

1. We acknowledge receipt the captioned Documents and:

Confirm we have received all the documents listed in the List of Contents.

Advise we have received all the documents listed in the List of Contents with the

exception of:

a.___________________________________________________

b.___________________________________________________

2. We confirm that we :

Shall submit a Tender so as to reach you on or before the Tender Closing Date and

Time.

Will not be submitting an offer.

Yours faithfully,

For and on behalf of :

Name of Company :

Name of Authorised Signatory :

Telephone /Fax Nos :

Date :


PART 1


SECRECY DECLARATION

TENDER NO. TENDER TITLE: Subject to the relevant provisions in the abovementioned Invitation To Tender Documents issued by MHWCOC , P.O. Box 7494, Doha, State of Qatar (hereinafter called MHWCOC) and: ______________________________________________________________________________ (hereinafter called Tenderer ), the undersigned hereby declares: Item 1 The term “Confidential Information” as used herein means the Invitation To Tender Documents and all other information including technical information, data, documents, know-how, strategies, projects, policies, business plans or financial information concerning MHWCOC business, in any form and in any media, and which:

(i) are placed or to be placed at the disposal of the Tenderer by or on behalf of MHWCOC for the preparation and submission of a Tender and/or carrying out the services or works under the Invitation To Tender (hereinafter the “Services”),

ii) Tenderer may in any other way acquire from MHWCOC and which are directly or indirectly related to the Services and/or the preparation of a Tender,

iii) Tenderer has prepared or will prepare in connection with the Services and/or the preparation of a Tender, insofar as such documents, data and other information contain any information placed at the disposal of the Tenderer or acquired by the Tenderer as referred to in (i) and (ii) above.

Item 2 That Tenderer shall at no time without the prior written agreement of MHWCOC: (a) reproduce, copy or use, disclose to, place at the disposal of or use on behalf of any third

party or enable any third party to peruse copy or use any Confidential Information, or (b) disclose to any third party that it has received Invitation To tender Documents or that the

Services may be or have been entrusted to the Tenderer,

for any purpose other than the preparation of a Tender or the performance of the Services if entrusted to Tenderer. Item 3 That the Tenderer, upon declining to submit a Tender or upon being notified that its Tender is not successful, or upon completion or termination of the Services in the event Tenderer is awarded a contract to perform the Services, as the case may be, shall forthwith return to MHWCOC all Confidential Information in accordance with the relevant provision of the Invitation To Tender Documents. Item 4 That the undertakings contained in Item 1, 2 and 3 above shall apply without any exception or limitation to the Confidential Information referred to in Item 1 above, except where documents, data and other information: (a) are part of public knowledge or literature before the date of their receipt by the Tenderer

as from such date; (b) become part of public knowledge or literature after the date of their receipt by the

Tenderer, but not as resulting directly or indirectly from any breach by Tenderer of any of its obligations herein, as from such subsequent date;


PART 1


(c) similar to such documents, data and information are subsequent to the date of their receipt by the Tenderer disclosed to the Tenderer by a third party whose possession is lawful and is under no obligation not to disclose as from such subsequent date;

(d) similar to such documents, data and information are developed by the Tenderer independently of this CONTRACT;

(e) are used or disclosed by the Tenderer five (5) years after the Tender Closing Date. Item 5 That the Tenderer shall ensure that if any Confidential Information comes to the knowledge and/or in the possession of any third party through the actions or fault of the Tenderer, such third party shall also be bound by the stipulations contained in this declaration. Item 6 That this declaration shall be construed under and governed by Qatari Law.

Signature: Name:

Position:

On behalf of Company: Address

Date:


PART 1


FORM OF TENDER BOND

The Chairman, Small Tenders and Auction Committee (STAC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

We have the honour to inform you that we guarantee Messrs………………… …………………………………..………..…………….of……………………………………… For the amount of Qatari Riyals ………………………………………………………….. ……… …...……………….(QR ……...................................................) in order to allow them to submit a Tender for execution, completion and maintenance of those works known as"………………………………………….…………………………………... …………….……………………………… …………" as specified in the Tender Documents. This guarantee shall remain valid for a period of one hundred and fifty (150) days starting on the date fixed for the opening of tenders by the Chairman of the Small Tender and Auction Committee (STAC) of MHWCOC, that is from ………………..…. to …………………………… or such earlier time as a Performance Bond shall have been duly provided by a Tenderer whose tender has been accepted and is subject to renewal by the Small Tender and Auction Committee without the objection of Messrs …………………………………………………………………………………………………………… In the event of Messrs …………………………………………………………………………. withdrawing their tender before the expiration of validity of the tender or failing to provide a Performance Bond within 14 days of being requested to do so by MHWCOC, whichever date is earlier, we definitely undertake to deposit with MHWCOC, upon the Tenders Committee demand and notwithstanding any objection on the part of the said Messrs ……………………………………………………………………………………………… the aforesaid amount for which this Tender Bond is drawn. Upon expiration of the said validity, this guarantee becomes null and void without necessity of being returned to us. Signed by :…………………………………Date ………………………

In capacity of :………………………………………………………………..

For and on behalf of :……………………………………………………………….

………………………………………………………………..

Witnessed by :………………………………….Date……………………..

Occupation : …………………………………………………………


PART 1


STATEMENT OF COMPLIANCE

Date:

Small Tenders and Auction Committee (STAC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

Fax Number +974 44944183

For the attention of: The Chairman,

SUBJECT: TENDER NO: TENDER TITLE: 1. Having carefully examined all the invitation To Tender Documents as per your letter of

Invitation To Tender Ref________________________________ dated _____________, and Addenda thereto, we the undersigned offer to provide the Services in full conformity with the terms and conditions of the Invitation To Tender Documents and without any exceptions thereto whatsoever.

2. We confirm that our Tender is valid, binding to us, irrevocable, shall not be rescinded and is

open for MHWCOC’s acceptance for a period of one hundred and twenty (120) calendar days from the Closing Date.

3. A Tender Bond in original, plus two (2) copies, for Qatar Riyals

__________________________ (QR. _________________) as per the Form provided in the Invitation To Tender Documents is submitted in a separate envelope.

4. We confirm that the prices and rates quoted on the Form of Tender and in Appendix B, are

fixed and are not subject to any change during the validity of the Tender and subsequently during the term of any contract awarded to us.

5. We represent and covenant to MHWCOC that we observed all relevant statutory and other

regulatory authority requirements in the formulation of our Tender and that we have not

entered, nor do we seek to enter, into any improper business or commercial arrangements

with any party, or sought, nor do we have any intention to seek influencing improperly any

decision to be made by MHWCOC or MHWCOC employees.

6. We: (Delete as appropriate)

(i) Have submitted alternative Tender(s) under a separate cover which also complies/comply fully with all the requirements and terms and conditions of the Invitation To Tender Documents and includes/include no exceptions thereto whatsoever.

(ii) Have exceptions to the requirements and terms and conditions of the Invitation To

Tender Documents and which we have indicated in an alternative Tender submitted

herewith under a separate cover


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7. The following documents (original + 2 copies) have been completed and signed and are returned herewith:

SCHEDULE

TITLE

CHECK LIST FOR TENDERER

Tick for Appended Items

1. INTRODUCTION AND INSTRUCTIONS

1.2 CONTRACTOR REPRESENTATIVE

1.3 CORPORATE GENERAL INFORMATION

1.4 COMPANY ORGANIZATION CHART

1.5 CONTRACTOR CERTIFICATES

1.6 CONTRACTOR PERSONNEL

1.7 CONTRACTOR RESOURCES AND FACILITIES

1.8 CONTRACTOR PROJECT RELATED EXPERIENCE

1.9 CONTRACTOR FINANCIAL INFORMATION

1.10 SUBCONTRACTORS AND SUPPLIERS

1.11 CONTRACTOR TECHNICAL SPECIFICATIONS

1.12 ADDITIONAL INFORMATION

1.13 JOINT VENTURE AGREEMENT, if any

1.14 SPONSORSHIP OPPORTUNITY

2. ALTERNATIVE OFFER, if any (un-priced)

8. Our commercial offer together with the completed and signed Form of Tender are submitted

in a separate sealed envelope.

9. We acknowledge receipt of the following Tender bulletins and these have been considered in

our Tender preparation:-

10. We understand that MHWCOC is not bound to accept the lowest or any Tender received by it, nor to give any reason or explanation for rejection of Tender.

Dated this ................ Day of ………………..........................201X Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ...........................……..................... duly authorized to sign Tenders

Bulletin No. Subject Date


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For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. Tenderer’s company seal

Attached:

1. CR copy (English/Arabic)

2. Letter of Authorisation / Power of Attorney confirming signatories are duly authorised.


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FORM OF TENDER

Date:

Small Tenders and Auction Committee (STAC), MHWCOC, 6th floor, MHWCOC Tower, P. O. Box 7494, Doha State of Qatar

For the attention of: The Chairman

SUBJECT: TENDER NO. TC/MHWCOC/VS/004/2013 TENDER TITLE: 1. Having carefully examined all the Tender Documents as per your Tender Invitation letter

Ref________________________________ dated _____________, and Addenda thereto,

we the undersigned offer to provide the SERVICES in full conformity with the terms and

conditions of the Tender Document for the sum of Qatar Riyals ________________

__________________________________________________________________________

(QR. __________________), subject to re-measurement of certain items as specified in

Appendix B (if applicable), and as per the required time schedule indicated in the Tender

Document.

2. We confirm that our Tender is valid, shall not be rescinded and is open for MHWCOC’s

acceptance for One Hundred and Twenty (120) calendar days from the Tender Closing Date. 3. We confirm that the prices and rates quoted under Appendix B, are fixed and are not subject

to any change during the validity of the Tender and subsequently during the term of any contract awarded to us.

4. The following documents (original + 3 copies) are returned herewith:

Tender Bond

Technical Package

i. Statement of Compliance

ii. Completed Contract Appendices (Except Appendix “B”)

iv. Technical Details of any Alternative Proposal Commercial Package

i. Completed and signed Form of Tender

ii. Completed Schedule of Prices (Appendix B)

iii. Commercial Details of any Alternative Proposal


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6. We acknowledge receipt of the following Tender bulletins and these have been considered in

our Tender preparation:-

Bulletin No. Subject Date

7. Until a formal contract document is prepared and executed by MHWCOC, this Tender along

with any written acceptance of the terms thereof by MHWCOC shall constitute a binding contract between MHWCOC and us.

8. We understand that MHWCOC is not bound to accept lowest or any Tender received by it,

nor to give any reason or explanation for rejection of Tender. Dated this ................ Day of ………………..........................201X Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ...........................……..................... duly authorized to sign Tenders For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. TENDERER COMPANY SEAL:

***

Attached:

1. CR copy (English/Arabic)

2. Letter of Authorisation / Power of Attorney confirming signatories are duly authorised.