Instructions to Tenderers

1. The Tender Documents shall be deemed to mean all Documents contained within or attached to or enclosed with the letter of Invitation to Tender.

2. Should there be any doubt or obscurity as to the meaning of the Tender Documents or anything to be done or concerning these instructions or any other matter Tenderers shall set forth such doubts or obscurities and submit them to the Employer not later than 14 days before submission of Tenders.

If considered appropriate, a reply in the form of a Circular Letter/Addendum will be distributed to all Tenderers to whom documents have been issued.

3. The Tenderer shall complete the Form of Tender, the Appendix to the Form of Tender and the Bill of Quantities together with the various forms (e.g., Particulars of the Tenderer, etc. in pages 17 to 22 of the Prime Document) but not in the Form of Agreement and its Appendices and the Standard Forms of Bond, and shall sign, date and stamp all pages of the Tender Documents with the company official stamp.

4. The rates and prices set down against the items in the Bill of Quantities shall be fixed for the entire duration of the Contract, shall be for the full inclusive value of the item described, and shall include for profit, all obligations and liabilities arising under the Contract.

5. Tenderers should submit with their Tender their proposed programme for delivery and installation.

6. The Bill of Quantities will be examined prior to the signing of the Contract to ascertain that items are extended correctly at the rates quoted. Should any arithmetical error be found it will be corrected and the Tender value will be amended accordingly. The Tenderer will be informed of any arithmetical adjustment made should the Employer wish to further consider his Tender. Unit price shall prevail in arithmetical errors of extension. The Bill of Quantities must be signed, dated and stamped by the Tenderer.

7. The Employer reserves the right to alter the quantities of the required items to be supplied and installed in accordance with Clause 34 of the Conditions of Contract.

8. All items in the Bill of Quantities are to be quoted in Rials Omani only. The filling-in and completion of the Bill of Quantities shall be done in typescript or written in black ink or black ball point and the unit rate shall be written in both words and figures. The Employer reserves the right to reject any Tender if the unit rate is not written in both words and figures.

9. The Employer will not be responsible nor pay for any expenses or loss which may be incurred by the Tenderer in the preparation and submission of his Tender.

10. The Employer is not bound to accept the lowest or any Tender received.

11. The Tenderer must visit the sites and obtain for himself, at his own expense, all information that may be necessary for preparing a Tender. He must carefully examine the Tender Documents and satisfy himself before submitting his Tender as to the form and nature of the entire areas in which the Works will be carried out, the means of access to the Site and in general all other matters which may affect his Tender, tasks, obligations and responsibilities to be undertaken in the Contract.
12. The Tender shall be submitted by a local agent of the manufacturer/supplier registered and experienced in the above work.

13. All documents issued and information given to the Tenderer shall be treated as strictly private and confidential documents, whether or not the recipient submits a Tender.

14. Any incomplete, improper Tender or Tender not containing the Tender Documents as stated in item (1) above may be rejected.

15. Alterations to the Form of Tender and other associated documents shall not be permitted. Any alteration other than filling in of blanks intended for that purpose, or failure to comply with these instructions may result in the rejection of the Tender.

Any alteration to a rate or cash extension made by the Tenderer during the preparation of the Tender must be initialed by the Tenderer prior to submission.

16. The Tenderer shall submit a detailed schedule of delivery starting from the date of issuing the work order until the end of the contract period such as factory test, shipment and delivery on site, installation, testing and commissioning.

17. The Tenderer shall abide by his Tender for a period of 90 days from the date fixed for receiving the same.

18. The Tenders are to be accompanied by a Tender Bond in the amount of two per cent (2%) of the Tender Value valid for 90 days and obtained from a locally registered Bank. The two percent is to be calculated on the total Tender Sum indicated on the Form of Tender. The wording of the Tender Bond shall be in accordance with the Form of Tender Bond included in this document.

19. The successful Tenderer will be required to provide a Performance Bond (defined in Clause 9.1 of the Conditions of Contract) to the value of five percent (5%) of the Contract Sum valid until the end of Defects Liability Period. The wording of the Performance Bond shall be in accordance with the Form of Performance Bond. The Performance Bond will be returned to the Contractor upon the issue of the Final Acceptance Certificate.

20. The successful Tenderer will be required to enter into and execute a Contract Agreement. The Sultanate of Oman’s Standard Documents for Electrical and Mechanical Works First Edition April 1987 shall be applicable to the Contract.

21. In addition to the Tender Documents issued for Tendering purposes, the Tenderer must provide and properly bind into the Prime Document the following additional documents:

a. A copy of each Circular Letter/Addendum to Tenderers, if any, issued by the Employer appropriately endorsed by the Tenderer.

b. The Tenderer’s proposed programme for delivery and installation as called for in Clause Nos. 5 and 16 herein above.

c. A Tender Bond as stipulated in Clause 18 of the Instructions to Tenderers.

d. A list of reference of Organisations, if any, using the same equipment as offered in the Tender.

e. A comprehensive Technical details, data, leaflets/literatures etc. complete with drawings, diagrams, etc., which might help in a better understanding of the equipment proposed.

f. Composition of Tenderer’s organisation covering details of company address and registration and head office address.

g. A statement of ownership giving name(s) of shareholders, partners or sole proprietor.

h. A statement giving the name(s) of the person(s) authorized to sign Agreement on behalf of the Company, including his (their) specimen signature(s).

i. A statement of the Tenderer’s financial standing, including the name and address of his bank together with the authority to approach his banker for relevant information and comment.

j. A statement that the Tenderer has visited the site and that he has no queries on any matter concerning the Contract.

k. A list of manufacturer’s recommended spare parts for two years operation, apart from the one year Defects Liability Period, giving numbers, unit price and total prices.

l. A detailed breakdown of all lump sum prices in the Bill of Quantities giving description, quantity, unit price and the total amount.

m. A list of all major works which the Tenderer has completed within the past three years and of all works which are presently under execution giving the name of the Client, Consultant, location, value, duration and date of completion.

22. All correspondence with the Tender Board shall be in the language the Tender Documents have been drafted.

23. SUPPLY OF SPARES: The Contractor shall guarantee the continuous delivery of spare parts for the supplied equipment for a minimum period of ten years from delivery. In case any part become obsolete and out of production, the Contractor shall be responsible to provide a suitable replacement and to give any subsequent circuit modification at no extra charge.

24. TESTS ON COMPLETION: Tests shall be carried out on site immediately after the notification of the Contractor to the ‘Engineer’ of the date of the equipment is ready.
The Contractor and the Engineer shall together carry out such tests.

25. TAKING OVER AND START OF DEFECTS LIABILITY PERIOD: On satisfactory completion of the site tests, Engineer shall issue a ‘Taking Over Certificate’ (Clauses 32 & 33 of the Standard Conditions of Contract). The Defects Liability Period shall start from the date of this certificate for a period of 365 days.

26. FINAL ACCEPTANCE CERTIFICATE (CLAUSE 37.10 OF STANDARD CONDITIONS OF CONTRACT): At the end of the Defects Liability Period, the Engineer shall issue Final Acceptance Certificate provided that the system has been operating satisfactorily during the Defects Liability Period and after making proof of performance and technical properties have not changed, upon which Performance Bond is released.

27. WARRANTY OF EQUIPMENT AND PERFORMANCE: The Contractor warrants that the equipments supplied is of the best make and manufacture and that it is suitable for the conditions stipulated in the technical requirements. This warranty includes the replacement, free of charge to Employer of any items or piece of equipment which does not give satisfactory performance according to the specification. It also includes the replacement of parts failing due to faulty workmanship, material or design. However, normal consumable items are subject to special guarantee conditions mentioned below.

The above warranty shall apply for a period of twelve calendar months from the date of issue of the Taking Over Certificate, provided that the equipment has performed properly according to specification.

However, if any piece of equipment, such as module and/or assembly does not give the expected performance by deviating from the acceptable performance figures or by having frequent faults itself or causing other parts to become faulty or by being unable to perform properly under the prevailing conditions, then the Contractor shall replace such items on free of charge basis by a suitable replacement and/or perform any modification to the system. A new guarantee period of twelve calendar months shall then apply for that part starting from the date of putting the new replacement into service.

The Performance Bond shall in this case be extended until the expiry of the new guarantee period.

In case the site acceptance tests prove that the equipment or part thereof does not conform to the technical specification, the Contractor shall be given a reasonable period to put it right. Employer shall have the right, if he so chooses, to put the equipment in partial or total service. This shall not imply acceptance of the equipment. However, the Contractor’s obligation to replace faulty parts failing due to faulty material or workmanship in the equipment put into service by Employer shall be limited to twelve months from the date of putting them into service. The Contractor agrees to pass on to Employer the benefit of special guarantee in respect to items originating from the other manufacturers as are issued by the manufacturers of these items. The liability of the Contractor shall not exceed that provided for in these specific guarantee.

28. PAYMENT CONDITIONS: The prices shall be on local contract basis for delivery of equipment to site. Prices shall be inclusive of all taxes, dues, etc., as required by local regulations and in accordance with the Standard Conditions of Contract.

Terms of payment shall be in accordance with Clause 40 of the Standard Conditions of Contract. Sub-Clause 40.2 shall be as follows:-

a. 10% of the total cost of Plant* as an Advance Payment against an Invoice from the Contractor together with a certificate from the Engineer and an Advance Payment Bond in accordance with Clause 37.7 (Advance Payments).

b. Nil % of the cost of fabrication of such items of Plant* as identified in the Tender submission against Test Certificates, less retention in accordance with Clause 37.4 (Retention Money).

c. Nil % of the value of the Plant* as included in each consignment against shipping documents less such sums as may have been certified under Sub-Clause (b) hereinbefore less retention in accordance with Clause 37.4 (Retention Money).
d. 40 % of the value of the Plant* (excluding installation) upon arrival on site less such sums as may have been certified under Sub-Clause (b) and (c) hereinbefore less retention in accordance with Clause 37.4 (Retention Money).

e. 95 % of the value of the Plant* (excluding installation) upon issue of the Taking Over Certificate less such sums as may have been certified under Sub-Clauses (b), (c) and (d) hereinbefore less retention in accordance with Clause 37.4 (Retention Money).

f. 100 % of the value of the Plant* (excluding installation) upon issue of the Final Acceptance Certificate or Final Account Certificate whichever is later less such sums as may have been certified under Sub-Clauses (b), (c), (d) and (e) hereinbefore less retention in accordance with Clause 37.4 (Retention Money).
* Plant means machinery, apparatus, materials, articles and things of all kinds to be provided under the contract other than the Contractor’s equipment.

29. OTHER REQUIREMENTS

a. Any changes, additions or variations on the items listed under technical requirements which might improve the performance and capability of the offered equipment shall be considered. In this case, the Tenderer shall quote for such items under options.

b. Tenderer shall specify types and manufacturer’s number of all items proposed complete with relevant catalogues and drawings where applicable and shall specify other basic features and options if available.

c. The Contractor and their workers shall strictly adhere to the safety and security rules prevailing in the area from time to time.

d. The Contractor shall not cause any damage to furniture and other fittings in the premises.

30. All Tenderers must comply with the provisions of Royal Decree No. 39/82. Any effort by the Tenderer to influence the Employer in the process of examination, clarification, evaluation and comparison of Tenders, and in decisions concerning award of Contract, may result in the rejection of the Tender.

31. The offer shall be of three copies, complete with all relevant technical documents, brochures, drawings, etc. The original set of the Tender Documents to be marked “ORIGINAL”, dully completed by the Tenderer and two additional true-copies, to be marked “COPY”, of the Tender Documents must be enclosed in an envelope or package sealed with red wax clearly endorsed with project title, and be addressed and delivered as specified in the Invitation to Tender. The exterior of the sealed envelope or package must not reveal the identity of the Tenderer. The Employer reserve the right to reject any Tender if the said true copies are not submitted with the Tender.

32. The Tenderer is reminded that it is of extreme importance that the additional documents and information, as listed in the Prime Document and elsewhere in the Tender Documents, be bound and submitted with the Tender. Any Tender not accompanied by all the required documents may be rejected.