8/11/2019 01. Instructions to Bidders http://slidepdf.com/reader/full/01-instructions-to-bidders 1/27 INSTRUCTION TO BIDDERSContractor Job No. : 12170D Jazan Ref fine r ry & Te r rminal Pr ro j ject Cont r ract No. 6600029570 (OOK) / 6600029571 (IK)Rev. No. : A ISSUE Date: 30 Nov. 12 1 / 27INSTRUCTION TO BIDDERS
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
JJaazzaann RReef f iinneer r yy && TTeer r mmiinnaall PPr r oo j jeecctt CCoonnttr r aacctt NNoo.. 66660000002299557700 ((OOOOKK)) // 66660000002299557711 ((IIKK)) Rev. No. : A ISSUE Date: 30 Nov. 12
7 / 27
d) Bid Due Date
The quotation must reach SK Engineering & Construction Co., Ltd. in Korea by a service
courier such as DHL or by hand-carried not later than the bid due date specified in RFQ.
Purchaser may reject the quotation received after the bid due date.
e) Number of Copies of Quotation
- One (1) set of original priced quotation with full set of technical documents.
- Three (3) sets of un-priced quotation with full set of technical documents
- Electronic File (File) (Please make copies the same as original, but do not show any cost.)
f) Pricing
The quoted price shall be firm and not subject to any adjustment on account of price
escalation. The quotation of per diem rate(s) for supervision service shall also be firm unitrate(s) without any escalation clause. Purchaser will not accept any provision for price
escalation.
Bidder shall also quote for change order rates in the event of a change to the scope of supply.
g) Cost and Expense
The cost of export taxes, fees or charges, if any, levied on exporting Goods in the country of
origin shall be borne by Bidder and included in quoted price.
All taxes and duties levied in Bidder’s and/or their subcontractor's country shall also be borne
by Bidder and included in quoted price.
The cost of any inspection including code inspection such as statutory inspection,
governmental regulation and non-code inspection required in the applicable specifications,
drawings, requisitions and other requirements of Purchaser shall be borne by Bidder and
JJaazzaann RReef f iinneer r yy && TTeer r mmiinnaall PPr r oo j jeecctt CCoonnttr r aacctt NNoo.. 66660000002299557700 ((OOOOKK)) // 66660000002299557711 ((IIKK)) Rev. No. : A ISSUE Date: 30 Nov. 12
8 / 27
Bidder shall bear all costs and expenses incurred in preparing the quotation.
h) Delivery Terms
1) Saudi Bidder’s delivery terms and price to be quoted;
- On the basis of FREE ON-TRUCK (FOT) without unloading at Purchaser's Work
Site in Jazan Work Site, Saudi Arabia
2) Other Country Bidder’s delivery terms and price to be quoted;
- On the basis of FOB at a named port of shipment referred to "INCOTERMS 2000".
i) Validity of Quotation
Bidder’s quotation shall be valid for a minimum of 90 days from the bid due date exceptoperation spare parts and per diem rate(s) of Bidder’s expatriate(s).
The validity of the quotation of the operation spare parts, shall be until Nov. 30, 2015 from
the bid due date. In case of the operation spare parts, Require Vendors to identify any
equipment or components for which Vendor plans to discontinue manufacturing or supplying
spare parts within the next ten (10) years in their quotations.
j) Language
English shall be used for the quotation and all other related documents.
k) Confidential Data and Information
In view of the proprietary and confidential nature of the process of Plant, Bidder shall keep
all information of Plant obtained from Purchaser confidential and shall not reveal to the
public or third party without prior written consent of Purchaser.
This confidentiality agreement (attachment #2) shall be applied to Bidder’s related parties
JJaazzaann RReef f iinneer r yy && TTeer r mmiinnaall PPr r oo j jeecctt CCoonnttr r aacctt NNoo.. 66660000002299557700 ((OOOOKK)) // 66660000002299557711 ((IIKK)) Rev. No. : A ISSUE Date: 30 Nov. 12
11 / 27
Bidder shall indicate the delivery terms in Bidder’s quotation as mentioned in paragraph of
2.h) of this INSTRUCTIONS TO BIDDERS.
e) Delivery Place
Purchaser will nominate a shipping forwarder(s) for the shipment of Goods and will have
the shipping forwarder arrange and make the booking of ocean going vessel or air flight for
Goods for the transportation of Goods to Jazan Province a South-Western Saudi Arabia.
Bidder shall indicate the name of FOB delivery place in Bidder’s quotation.
f) Payment Terms
In general, payment will be made as following manners, but alternative stage payments could
be proposed, negotiated and modulated. Payment will be made by a Telegraphic Transfer(T/T) within forty five (45) days upon receipt of correct invoice as stated below :
- Engineered Equipment :
(1) 10 % of the Contract value is to be paid by TT against below documents.- Commercial Invoice
- Advanced Payment bond (according to Article 6.1 under below)- Performance Bond (according to Article 6.2 under below)
(2) 10 % of the Contract value is to be paid by TT against below documents. - Commercial Invoice
- SKEC’s acceptance certificate for NMR 601 including ITP(Inspection and Test Plan)
and WPS/PQR - (Refer to Material Requisition) - Refund (Progress payment) Bond (according to Article 6.3 under below)
(3) 20 % of the Contract value is to be paid by TT after delivery (shipment) against belowdocuments.- Commercial Invoice
- SKEC’s acceptance certificate for NMR 602 (Refer to Material Requisition)
- Major material receipt certificate (or evidence) and release of complete engineering
JJaazzaann RReef f iinneer r yy && TTeer r mmiinnaall PPr r oo j jeecctt CCoonnttr r aacctt NNoo.. 66660000002299557700 ((OOOOKK)) // 66660000002299557711 ((IIKK)) Rev. No. : A ISSUE Date: 30 Nov. 12
16 / 27
commissioning and start-up spare parts specified as minimum requirements. The
commissioning and start-up spare parts quoted by Bidder shall be delivered with the parent
equipment.
c) In case the operation spare parts are requested to be supplied in the scope of supply in the
Requisition of this RFQ, Bidder shall clearly indicate and mention the name, recommendable
quantities and specifications of Bidder’s recommendable 2 year operation spare parts in SPIR
attached to the Requisition.
In case the name and required quantities of the operation spare parts are specified in the
Requisition of this RFQ, Bidder shall quote the operation spare parts specified as minimum
requirements.
7. SPECIAL TOOLS
a) Special tools are the special tools, jigs, templates and special implements required forinstallation and maintenance of Goods at Job site in Saudi Arabia, other than ordinary and/or
standard type of tools and implements.
b) In case special tools are requested to be supplied in the scope of supply in the Requisition of
the is RFQ, Bidder shall clearly indicate the name, specification and required quantities of
the special tools in the Special Tool List attached to the Requisition and Bidder shall include
the cost of the special tools in Bidder’s total delivered price in the Commercial Data Sheet.
c) The special tools quoted by Bidder shall be delivered with the parent equipment.
8. BIDDER’S EXPATRIATE TO JOB SITE
a) In case the supervision for site assembling and installation, supervision for commissioning
and/ or start-up of Goods are requested in the scope of work in the Requisition of this RFQ,
or in case that Bidder recommends that Bidder shall dispatch qualified and skillful supervisor(s)
and/or technical specialist(s) to Job Site in Saudi Arabia for the assembling, installation,
commissioning and/or start-up of Goods, Bidder shall quote per diem rate(s) under the
GENERAL CONDITIONS for VENDOR'S SUPERVISION SERVICE attached to this RFQ .
THIS AGREEMENT is entered into this _______day of ______________, by and between:
SK Engineering and Construction Co., Ltd., having offices at Seoul, Korea (hereinafter referred to as
the "Purchaser"), and
[Bidder’s Name and Address] (Hereinafter referred to as the "Contractor").
Purchaser and Contractor are sometimes referred to herein individually as a "Party" and collectively
as the "Parties".
1. In order to permit the Contractor to prepare and submit a proposal to the Purchaser for a certain
portion of the Engineering, Procurement, Construction (EPC) Contract for the Jazan Refinery and
Terminal Project (PKG 9) in Kingdom of Saudi Arabia (hereinafter referred to as the "Project"), the
Purchaser is willing, in accordance with the terms and conditions of this Agreement, to disclose to
the Contractor certain confidential information, relating to the Project which includes, but is not
necessarily limited to, drawings, data maps, models and interpretations and may also include
commercial, contractual and financial information (hereinafter referred to as the "Confidential
Information").
2. In consideration of the disclosure referred to in Paragraph 1 hereof, the Contractor agrees that the
Confidential Information (as well as the existence and terms of this Agreement and the fact that any
discussions of the Project are taking place between the Purchaser and the Contractor) shall be kept
strictly confidential and shall not be sold, traded, published or otherwise disclosed to anyone in any
manner whatsoever, including by means of photocopy, reproduction or electronically, without the
Purchaser's prior written consent, except as provided in Paragraphs 3, 4 and 5 below. The granting of
such consent, shall, unless expressly otherwise provided for in this Agreement, be at the sole
discretion of the Purchaser.
3. The Contractor may disclose the Confidential Information without the Purchaser's prior written
consent only to the extent such information:
(a) can be demonstrated to be already known to the Contractor as of the date of disclosure
hereunder;
(b) is already in possession of the public or becomes available to the public other than through
the act or omission of the Contractor;
(c) is required to be disclosed under applicable law or by a governmental order, decree,regulation or rule (provided that the Contractor shall give written notice to the Purchaser
8. The Confidential Information shall remain the property of the Purchaser and the Purchaser may
demand the return at any time upon giving written notice to the Contractor. Within thirty (30) days of
receipt of such notice, the Contractor shall return all of the original Confidential Information and
shall destroy or cause to be destroyed all copies and reproductions in whatever form, (including but
not limited to electronic data) in its possession or in the possession of persons to whom it wasdisclosed pursuant to this Agreement. The confidentiality obligations set forth in this Agreement
shall terminate on the date of (i) five years after the date of this Agreement This Agreement shall not
oblige the Purchaser to award or conclude any contract with regard to the Contractor’s proposal for
the Project.
9. The Purchaser makes no representations or warranties, express or implied, as to the quality, accuracy
and completeness of the Confidential Information disclosed hereunder, and the Contractor expressly
acknowledges the inherent risk of error in the acquisition, processing and interpretation of the
Confidential Information. The Purchaser, its Affiliated companies, their officers, directors and
employees shall have no liability whatsoever with respect to the use of or reliance upon the
Confidential Information by the Contractor
10. (a)This Agreement shall be governed by and interpreted in accordance with the law of England.
(b)Any disputes, controversy or claim arising out of or relating to this Agreement, or the breach,
termination or invalidity thereof, unless amicably settled between the Parties, shall be settled finally
by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce.
The arbitration shall be held in London, United Kingdom, in the English language.
Contractor agrees that the Purchaser could be irreparably injured by a breach of this Agreement by
the Contractor and that the Purchaser shall be entitled to equitable relief, including injunctive relief
and/or specific performance, in the event of any breach of the provisions hereof and that any
application by the Purchaser for such relief shall not be deemed incompatible with, or a waiver of,
this arbitration agreement. If such equitable relief is granted such remedy or remedies shall not be
deemed to be the exclusive remedy or remedies for a breach of this Agreement by the Contractor but
shall be in addition to all other remedies available at law or equity.
11. The Contractor shall not assign its rights and obligations under this Agreement without the prior
written consent of the Purchaser. Any attempted assignment without prior written consent shall be
null and void.
12. No amendments, changes or modifications to this Agreement shall be valid except if the same are in
writing and signed by a duly authorized representative of each of the Parties hereto.
Please complete, sign and return this, with your quotation attached separate sheet for additional information,if required.
1. Quotation No. Dated2. Quotation Validity : 90 days after quotation date Yes, No.3. Delivery Terms : FOB (Per Incoterms 2000)4. Terms of Payment : According to Terms & Conditions of Purchase Yes, No.5. Location of Manufacturing Shop :
6. Est. Ship. Weight (Ea. Item) : Kg, Total KG7. Overall Dimension : (L x W x D)8. Schedule (Weeks/Months after receipt of P/O or L/I whichever issued earlier)
A. Preliminary/Critical Drawings : Wks. ARO (List all drawings)B. Certified Drawing : Wks. ARO/ARADC. Major Matl. Received : Wks. ARO (List all drawings)D. Start Mfg./Fab. : Wks. ARO/ARADE. Start Assembly : Wks. ARO/ARADF. Final Inspection and Testing : Wks. ARO/ARADG. Delivery date : Mon. ARO or L/I
9. "Terms and Conditions of Purchase" (attached) are accepted.Yes, No. (State all exception separately)
10. Full compliance and total acceptance of all Engineering Specifications.Yes, No. (State all exception separately)
11.Guarantee Period : 12 Months after the date of MCAN (Mechanical Completion Acceptance Notice) forthe Job Site issued by Owner or 36 Months from delivery whichever comes earlier
_____ Yes, _____ No.12. Commissioning and start-up spare part list & price according to Requisition :
Included in quotation Yes, _____ No._____ Price : ____________
13. 2 year operation spare part list & price according to Requisition :
Included in quotation Yes, _____ No._____ Price : ____________