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
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
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
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
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)
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
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
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
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
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
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
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
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
* Plant means machinery, apparatus, materials,
articles and things of all kinds to be provided
under the contract other than the Contractor’s
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
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.