tender documents - qatar national cement · pdf filechairman of tender & procurement...

QATAR NATIONAL CEMENT COMPANY (Q.P.S.C.)

P.O BOX 1333, DOHA, STATE OF QATAR H. Office:Tele. 00974 44693800, Fax. 4693900 C. Plants:Tele. 00974 44712880, Fax. 4471258

GENERAL TENDER # GTNO 01/16

Replacement of Existing Storage and Dispatch Steel Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No.1 completion on turnkey basis.

_______________________________________________________________ Tender Documents 1 Supply of Items with Execution of Replacement Works

Tender Documents

Table of Contents

Subject No of Pages

Part-1

Instruction to Tenderers 03-06

Tender General Conditions 07-11 Letter of Acknowledgement 12-13 Form of Tender 14-16 Form of Tender Bond 17-18

Part-2

Form of Agreement 20-24

Scope of Supply & Work, Technical Aspects & Drawings if any 25-27

Form of Bill of Quantity 28-29

Fortm of Breakd Down of the Prices 30-31

Form of Performance Bond 32-33

Form of Advance Payment Guarantee 34-35 Form of Qualifications and Exceptions 36-37

General Conditions of Contract 39-49






Part-1

Subject No of Pages

Instruction to Tenderers 03-06

Tender General Conditions 07-11 Letter of Acknowledgement 12-13 Form of Tender 14-16 Form of Tender Bond 17-18






INSTRUCTION TO TENDERERS






Instructions to Tenderers

1.Documents Provided for Tender Purpose

1.1 The documents specifically provided for the purpose of tendering (herein after called “the tender documents”) comprise of the followings.

Part-1

Instruction to Tenderers Tender General Conditions Letter of Acknowleggement Form of Tender Form of Tender Bond

Part-2

Form of Agreement Scope of Supply & works, Tech. Aspects and Drawings- if any Form of Bill of Quantity Form of Break Down of the Prices Form of Performance Bond Form of Advance/Down Payment Guarantee Form of Qualifications and Exceptions General Conditions of Contract

2. Submission of Tender

2.1 The tenderer must adhere to the conditions stated in the tender documents, and write the total prices on the “Tender Form” and Form of Bill of Quantities & Form of Break Down of the Prices duly filled on his official letter head in accordance with the provisions of these documents. Any tender offer that does not comply with these provisions may be considered null and void.

2.2 Should there be any comments, qualifications, reservations or amendments,

alterations to specifications or conditions they must be stated in a separate letter on the tenderer’s letter head as the format enclosed in these tender documents attached to this tender offer and indicated on the enclosed tender offer.

2.3 The Tender offer shall be submitted in three (3) separate wax-sealed envelopes with

the information fill out on the provided sticker together with the tender document for each envelope as mentioned in below:

a) Tender Bond Envelope b) Technical Offer Envelope (submitted in original plus two additional copies) c) Commercial Offer Envelope (submitted in original plus two additional copies)

The envelope (a) and (b) should have no bearing of prices anywhere. The three (3) separate envelopes must be placed into an outer sealed envelope clearly marked on the cover the Number of Tender, Name of Tenderer, Submission Date, Closing Date of tender and the Title of Tender.

2.4 Alternate Options: The Tenderer may submit alternative tender offer in addition to the

original tender offer and should the tender documents so stipulate and if the tenderer deems it to be in the interest of the items required and replacement work to be






executed at site financially or technically or with respect to delivery & completion period or for any other consideration.

These alternative tender offer(s) will be presented in separate envelopes in the same

manner as the original tender offer(s ( enabling a comprehensive evaluation of the Tender and should be clearly marked as alternate tender offer A, alternate tender offer B etc.

2.5 Tenderer must include the following duly filled in his Tender offer:

a. The time for the delivery of the items and completion of the other works at Umm-Bab Lime Plant in Cement Plant-1 Site shall be clearly stated with dates in detail.

b. Each page of tender documents shall be initialed by the principal duly authorized on behalf of the tenderer to represent and bind the tender offer and stamped as token of the tenderer’s acceptance.

c. The tenderer shall express that he has no objection to enter into a final contract/agreement based substantially upon the content Form of Agreement, General Conditions of Contract and other documents described in this tender documents.

d. Unit prices Schedule.

e. The tenderer shall submit copy of Annual Accounts duly audited by professional certified accountants for three years preceding.

f. The tenderer shall submit a current copy of his Comm. Register.

3.Filling of tender formats/Corrections & Adjustment of Errors 3.1 No erasures, alterations or additions shall be made by tenderer to the tender

document's formats (other than filling in blanks where intended for that purpose), unless such alteration is made in accordance with an addendum issued as hereinafter described.

3.2 Should there be any erasures or scratching out on the Tender Documents, it must be

signed and stamped by the tenderer. 3.3 Prices and their particulars must be typed written or written in ink and shall not be

written in pencil. All pages of the tender documents, specially those containing the total prices and their term must have the stamp of the company/establishment affixed to them.

3.4 The tenderer shall submit his tender offer in Qatari Riyals. The related breakdown of the lump-sum price and all other monetary statements in connection with the tender are to be in Qatari Riyals.

3.5 The name of the authorized person signing must be typed written or printed below the signature. The official stamp of the tenderer must be fixed.

3.6 In case of any differences, ambiguity or discrepancy between the original and other

copies of the tender offer, the original documents shall prevail.






4. All questions/query or requests for clarifications pertaining to commercial,

contractual or technical matters of this tender prior to submission of duly completed tender offer shall be addressed as per Sub-Section 4.2 below in writing, quoting tender number and title.

4.1 Tenderer’s query should reach the address mentioned below in Seven (7) days before the closing date. Queries raised thereafter may be ignored.

4.2 Tender Offer duly sealed shall be addressed to:

Chairman of Tender & Procurement Committee Qatar National Cement Co. (Q.S.C.) P.O.Box 1333, Doha, State of Qatar Tele (00974) 4469 3800, Fax (00974) 4469 3900

And to be submitted directly to:

Office of the General Secretary of the Tender & Pro. Committee Cement Plant No. 2 @ Umm-Bab, State of Qatar Tele. No. (00974) 4471 2880 Fax No. (00974) 4471 2585 Extension Number: 328 or 336 Email Address: [email protected]

Closing Date: Wednesday, May 04, 2016 on or before 12 hours at Noon The tender offer must be handed over to the Tender and Procurement Committee’s General Secretary before being deposited in the respective tender box. The Tender and Procurement Committee General Secretary will issue a tender offer receipt against each received tender offer, indicating the time and date of receipt.






TENDER GENERAL CONDITIONS






Tender General Conditions

1. Validity of Tender 1.1 Tender offer must remain valid for the acceptance for a period of ninety (90) days

commencing from the closing date of this tender.

2. Tender Bond 2.1 Tender Bond shall be enclosed with the tender offer in the form of bank guarantee

issued by one of the first class reputable bank operating in the State of Qatar acceptable to QNCC amounting of QAR.60 000/=(Qatari Riyals Sixty Thousand). It must be unconditional and valid for one hundred twenty (120) days commencing from the closing date. The Tender and Procurement Committee reserves the right to exclude any tender offer which does not include the required tender bond.

2.2 Upon the receipt of the 10% bank letter of guarantee/performance bond from the

successful tenderer the tender bonds should be returned to all the unsuccessful tenderer(s). Successful tenderer’s tender bond would be returned after signing the contract.

2.3 The tenderer shall not withdraw their tender offer or amend their tender offer after the

closing date of tender. In the event of the withdrawal of the tender offer, the tender bond would stand forfeited.

3. Expenses of Tendering 3.1 QNCC will neither be responsible for any expenses nor losses which may be incurred

by any tenderer either in the preparation of his tender offer or in any way whatsoever arising out of the invitation and elaboration of tender offer for the required items and execution of the required works subject to this tender.

3.2 Tenderer shall visit the site and obtain by themselves all information which may be

deemed necessary to enable them to submit a fully comprehensive and sufficient tender offer at their own expense.

4. Examination of Tender Documents

4.1 Tenderers are advised to examine and thoroughly acquaint themselves with the contents of the tender documents and take all further steps necessary to ascertain for themselves, entirely at their own expense, any additional information necessary for submitting a tender offer for the Replacement of Existing Storage and Dispatching Steel Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No.1.

4.2 Submission of tender offer shall be deemed to indicate that Tenderer has satisfied and undertakes himself to accept and comply with all the obligations, liabilities, responsibilities and risks imposed upon him by these tender documents. Submission of tender offer shall deemed to indicate that tenderer has made himself acquainted and satisfied himself with the prevailing site conditions, circumstances, laws in order to discharge his responsibilities/obligation under these tender documents.

4.3 No claim whatsoever will be entertained arising out of Tenderer’s failure to study local conditions, laws, duties and taxes as well as specifications, existing facilities etc. or to






obtain reliable information in respect of the required work and the supply, erection and commissioning at site.

5. The Tender offer documents should be prepared based on the following:

5.1 The offer total amount has to be on fixed price basis with no provision for price variations for labor, item(s)/equipments, currency variation, taxes and duties which may arise during the duration of the Contract

5.2 The tender offer should accompanied with a comprehensive bar chart indicating and

distinguishing the time period for preparation, Replacement of Existing Storage and Dispatching Steel Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No.1.

5.3.1 Tenderer time schedule shall be subdivided in various sub activities. Time schedule will

become part of Contract. Tenderer should propose the shortest possible time for the Supply, Erection and Completion at the Site.

5.2.1 Organizational chart, indicating the name of companies and organizations which shall or may become responsible for the major activities. Site Organizational chart indicating the number of personnel to be timely employed on site.

5.2.3 Tenderer shall propose and execute the periodical progress report and site meetings.

6. Each tenderer must demonstrate, that he and his employees had previously executed other

similar items and replacement work, together with evidence that have continued to be successfully operative for a period of time.

7. Bank Letter of Guarantee/Performance Bond

Successful tenderer will be required to submit bank performance bond as per the format

provided in the tender documents amounting to 10% (ten percent) of the total lump sum contract price, issued by a first class reputable Bank operating in State of Qatar acceptable to QNCC. The performance bond validity shall become effective before signing the contract and remain valid until the expiry of four hundred (400)days of the maintenance period, which is calculated from the date of issuance the Provisional Acceptance Certificate, which is covering any default due to engineering, design, quality failure that appear in the receipt items, completed works or any contractual obligations implication during such period. If the QNCC shall consider forfeiting the bond or guarantee he shall forthwith do notify the Successful tenderer specifying such default/failure.

8. Applicable Law

The Contract shall be subject to Qatari Laws. The tenderer shall be fully conversant with the laws, regulations and practices prevailing in State of Qatar.

9. Brief Meaning

9.1 Tenderer means any legal entity who has collected the tender documents and is in agreement with the conditions of tender documents and is abiding by them & is quoting/bidding in accordance with them and in case of awarding this tender then the successful tenderer shall be called the Contractor in the Contract as the Second Party.






9.2 QNCC means Qatar National Cement Company Q.S.C. It will called the Owner as the

First Party of the Contract.

9.3 Variation Order(s) means an appendix or appendices to these conditions of the

Contract which specify any amendments including variations to any part of the Contract which may be mutually agreed in written by the Parties after the signing of Contract.

9.4 Integral Conditions to Contract means the General Condition of Contract, Scope of

works, Tender General Conditions, technical specs. terms and any annexes, appendices, drawings and schedules annexed thereto, if any or subsequently issued.

9.5 Contract means the agreement between QNCC and the succesful Tenderer for the

supply of the items and execution of the works at Umm-Bab site on tuenkey basis including the Form of Agreement and the General Conditions of Contract in this tender documents.

9.6 Tenderer requirements for the Design, Fabrication, Supply of the items

including the execution of replacement works at site means required

engineer(s)/expert(s), tools, equipments, drawings, testing and survey, investigation required and items used by the Contractor in discharge of their duties/obligations under the concerning contract.

9.7 Insurance means the necessary insurance policies shall be submitted by the Contractor, covering the Contractor’s personnel on duty in Qatar before starting up the works in the site of Lime Plant, Cement Plant-1 at Ummbab, as defined in the General Conditions of the Contract Sub-Section No.18.4.

9.8 Drawings & Documentations means all drawings, information and documentation

specified in the Contract and all other documents that are required to be submitted by the Owner to the Contractor for the supply and delivery of the items and execution of the required works under the Contract.

9.9 Sub-Contractor means any Contractor other than the Main Contractor, who

nomonated and recommended by the Main Contractor to approve him for the supply

any part of the items required or execute any part/section of the required works at site and has been sub-let with the written consent of the Owner.

10. Cancellation of the Tender and Rejection of any Offer

It is under stood for all the participants/Tendersrs under this Tender that an absolute right to QNCC during the period of validity of the Tender procedures, decide unilaterally without the slightest objection from any of them, if happened and decide any of the following:

10.1 Cancel the Tender at any stage without giving any justification/reason(s) for such cancellation. 10.2 If decided not award the Tender to the lowest offer price among the other(s) technical qualified

offers. 10.3 Exclude any offer(s) that is/are not conforming to conditions of this Tender such as offer(s) that

is/are submitted after the closing date and/or submitted without tender bond, not pay the Tender fee at any time of the Tender proccess.






11. Correspondence/Notices should be done by the Tenderer(s) on the address of the

company stipulated elsewhere giving Tender Number and Title of Tender. All invoices/notices should mention the Tender Number and Title/Name of the Tender.

11.1 The QNCC shall issue/send correspondence/notices to the Representative of Tenderer as

provided in his offer which should the same maintened on the Contract.

11.2 The QNCC and Tenderer shall immediately notify each other of in case of any change in such

address for any reason whatsoever.

================================================






LETTER OF ACKNOWLEDGEMENT






LETTER OF ACKNOWLEDGEMENT (on the Letter Head of Tenderer)

Date: …………………

Ref. No.: …………………………….

To: Chairman of Tender and Procurement Committee

Qatar National Cement Company, (Q.S.C.) P.O. Box: 1333 Doha, State of Qatar

Tender Ref. No.: …………………………

Subject: …………………………………………………………………………………………..

Dear Sir(s),

We hereby acknowledge acceptance of all terms and conditions set forth in this tender documents.

We undertake that we will pay the Tender fee before the submission of our tender offer on the due date of this tender.

_________________________________ __________________ Tenderer Name Date _________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal






FORM OF TENDER

FORM OF TENDER






(on Letter Head of Tenderers)

Qatar National Cement Co., (Q.S.C) Date …………….. P.O. Box: 1333, Doha, State of Qatar

Attention: Chairman of Tender & Procurement Committee

Subject: GTNO 01/16

Gentlemen,

Having examined the Tender Documents and having inspected the site and fully acquainted ourselves to the conditions of the site, requirements thereon, responsibilites of the project. We undertake to execute and provide “Replacement of Existing Storage and Dispatch Steel Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No. 1” as defined in the technical aspects & drawings-if any, subject to the terms and conditions in the “Tender Documents“ studied/accepted and signed by us for total lump sum and fixed Contract price of QAR …………………………….. ( ). We hereby acknowledge the receipt of following addenda (if any). Reference Number of Addenda Date

…………………………………….. ……..…… …………………………………….. ………….. …………………………………….. …………..

We, hereby undertake that our “Tender Documents” are complete in all respects and that any item not expressly stated in tender documents but necessary for the proper completion of the supply of items and the execution of works. We, hereby, undertake that if our tender offer is accepted, we shall start/proceed the supply and execution as per the “Tender Documents“ immediately upon written notification by Qatar National Cement Company, Owner. We, hereby, undertake that if our tender offer is accepted, we shall submit Performance Bond of 10% value of contract price, as stipulated in “Tender Documents“ within seven(07) days calculated from the date of being confirmed the receipt, acknowledgement and acceptance of the letter of awarding this tender from yourselves. We, further agree that QNCC is “Not” committed to accept any tender offer with the least price. We further confirm that we shall abide by our tender offer for 90 days commencing from the closing date of the said tender and it shall remain binding upon us and may be accepted at any time before the expiry of that period.

We enclose herewith the following documents






a) Bank Tender Bond No…………… of QAR/USD .………. in favor of QNCC and valid for

120 days until …../……/2016 ; b) Latest Financial Report of the Tenderer; c) Others ………………….please specify d) A copy of both current commercial register (C.R) & Company Computer Card, e) …………………………………………...

Tenderer/Company Name: ………………………

Address: ……………………… Tel. & Fax: ………………………

Represented by: ……………………… In the capacity: ………………………

Duly authorized to sign on behalf of the tenderer. Signature ………………………

Witness by ……………………… In the capacity of ……………………… Address ……………………… Signature ……………………… Date ………………………

Tenderer/Company Seal ………………………






FORM OF TENDER BOND






Form of Tender Bond ON THE LETTER HEAD OF BANK

Qatar National Cement Co., (Q.S.C.) P.O Box 1333, Doha, State of Qatar

Subject: Tender Bond for General Tender # GTNO 01/16 Greetings,

We are pleased to advise you that we hereby guarantee M/S…………………… with an amount of QAR60 000/=(Qatari Riyals Sxity Thousand only) to enable them to bid for the GTNO 01/16 …………….. in the event of M/S ……………………, withdrawing their tender offer before the expiry of this guarantee or failing to submit the Performance Bond, within ……………….. Seven (7) days from the date of being notified to provide such Bond, we hereby undertake to pay the aforementioned amount of ……………….. in cash to Qatar National Cement Company upon their first demand & not withstanding any contestation by M/S.……………………...

Knowing that the validity of this guarantee is One Hundred Twenty (120) days, commencing from the closing date of the Tender. We undertake to extend the validity of this tender bond upon your first demand & notwithstanding any contestants from the Tenderer.

Bank’s Signature & Stamp






Part – 2

Subject No. of Pages

Form of Agreement 20-24

Scope of Supply & Work, Technical Aspects & Drawings if any 25-27

Form of Bill of Quantity 28-29

Form of Breakdown of the Prices 30-31

Form of Performance Bond 32-33

Form of Advance Payment Guarantee 34-35 Form of Qualifications and Exceptions 36-37 General Conditions of Contract 39-49






FORM OF AGREEMENT

تفاقإلصغة ا

FORM OF AGREEMENT






The Agreement has been made on :م فما بن2016 ............. تفاق ف ومإلتم إبرام هذا ا

this………………....., 2016, by and between:

(ق0م0ش)شركة قطر الوطنية لصناعة األسمنت .1

قطر- الدوحة 1333: ب 0ص الطرف األول "المالك" وتسمى فما بعد

و

........................... /الســــــادة .2

طرف ثانال "المقاول " وتسمى فيما بعد.......:ب0ص

1. QATAR NATIONAL CEMENT COMPANY, (Q.S.C.)

P.O. BOX: 1333 DOHA, QATAR hereinafter

called “the Owner” as the First Party

And

2. M/S . …… … …… … …… … …… …. . . P.O.BOX: … Hereinafter called “the Contractor” as the Second Party

WHEREAS لما كان

رغب ف إحالل صومعة التخزن الحددة مع " لمالكا"بؤم (1)مصنع رقمالسرالتغذة المطاط الناقل لمصنع الجر ب

وذلك وفقا للكمات والمواصفات المذكورة بمستندات باب ، .(GTNo 01/16)المناقصة العامة رقم

القام بتورد األصناف وتنفذ األعمال المطلوبة "المقاول"وتعهد تضمن كل ما هو توتسلم مفتاح الموقع موضوع هذا العقد ،

سواء كانت محددة أو غر محددة لتنفذ وإكمال األعمال ضروري فما ةمذكورال، والمتفق علها والشروط آلحكام ل فقا و، والعقد هذا ب

:-ل

“The Owner" desires to “Replacement of Existing Storage and Dispatch Steel Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No. 1, as per quantities & specification mentioned in the Public Tender Documents No.(GTNo 01/16).

“The Contractor” is willing to supply the items, execute

and complete the works delivery on turnkey basis subject of the Contract and shall include everything necessary for performance & complete the delivery of the items and the Works at Site, whether specifically mentioned or not in this Contract and

as per the following agreed terms and conditions mentioned thereinafter.

: فقد تم االتفاق على ما يلي

NOW THIS AGREEMENT PROVIDES AS FOLLOWS:

تفاق فإن الكلمات والعبارات كون لها نفس إلف هذا ا .1لعقد حسبما العامة لشروط الالمعان المخصصة لها ف

0سرد فما بعد

1. In this agreement, words and expressions shall

have the same meanings as are respectively assigned to

them in the General Conditions of Contract hereinafter referred to.

إن المستندات التالة فقط ، وجداولها الملحقة أو أة .2 العقد بن ا وجدت ، تشكل معإن - ملحقات أخرى

الواردة "العقد"، وتفسر نصوص "قاولالم" و"المالك" : ف هذه المستندات كما ل

2. The following documents only- if any, shall

together constitute the Contract between “the Owner” and " the Contractor" and the terms of "the

Contract" shall in all such documents be constructed accordingly:






صغة هذا االتفاق ؛ (أ

الشروط العامة للعقد ؛ (ب

شارة المقدم بإلمناقصةبا قاولالمعرض (ج م 2016/.../: ..ارخ ف ت)).............

"المالك" وملحقاته المعتمدة من قبل

بانات اللمتضمنة كافة ا "المالك" مستندات (د المتطلبات والمواصفات والرسومات المذكورة و

عمالاألصناف واأل فالخاصة بوص، وملحقاتها هنا

قبل ترسة المناقصة وكتاب الترسـة رقـم "المالك"قبلمن

(FAX/TEND.&PRO.COMT.) بتارـخ......: /...... 0م وملحقاته2016/

A- This Form of Agreement;

B- The General Conditions of Contract;

C- The Contractor’s tender offer ref.: (……………….) dated……./…../2016 and it’s

annexes approved by “the Owner”; D- “The Owner” documents containing all data

requirements, specifications and drawings listed above in this Form of Agreement and annexed hereto, which have been elaborated by “the Owner” for the required items and execution of the

works before awarding the Tender, award letter ref (QNCC/TPC/16/………..) dated ……/……/2016 and it’s annexes.

ألغراض التعرف فإن المستندات وملحقاتها مكمال للعقد ، وقد تم ا المذكورة تعتبر جزء

."قاولالم"و "المالك"التؤشر علها من قبل

For the purpose of identification, the said documents and their annexes are made an integral

part of the Contract and have been initialed on behalf of “the Owner” and the “Contractor”.

ف حالة وجود أي تعارض بن أي جزء من .3 من 2البند المستندات المتعددة ، والمدرجة ف

:صغة االتفاق الماثل ، فإن األولوة تسود كما ل

3. In the event of conflict between any part of the various documents listed in Clause 2 above of this

Form of Agreement, the following priority shall prevail:

;a. Will have priority over b, c and d كون لها األولوة على ب ، ج و د؛ (أ

b. Will have priority over c, d and كون لها األولوة على ج و د؛(ب

.c. Will have priority over d . كون لها األولوة على د(ج

كامال لكافة ا العقد كما سبق بانه ، عتبر تحدد .4 "المالك" لتزامات التعاقدة فما بنإلالحقوق وا

األعمال وال عتد بالمفاوضات األصناف و، بشؤن " قاولالم"و

تارخ إبرام أو أة مستندات أتفق علها أو وقعت بنهما قبل .العقد وال تترتب علها أة آثار تعاقدة

4. The Contract as herein before defined constitutes a full statement of the contractual rights

and liabilities of “the Owner” and “the

Contractor” in relation to the items and works and

no negotiations between them nor any documents agreed or signed by them prior to the concluding date of Contract in

relation to the Works shall hereafter be of any contractual effect.

قد حصل لنفسه على "المقاول"معلوم أن .5كل الجوانب بما ف ذلك الجوانب المعلومات الوافة ف

كما وأنه من المعلوم .وظروف الموقع والتسهالت الفنة

عن "المالك" مسئول تجاه"قاولالم"والمتفق عله أن . كافة التزاماته التعاقدة

5. It is understood that “the Contractor” has obtained

for himself all information complete in every respect including all technical aspects, the Site conditions, and facilities. It is also understood and agreed that “the Contractor” shall be responsible towards “the Owner” for all his contractual obligations.

The Contractor” shall be“ .6 :مسإوال تماما عن اآلت "قاولالم" كون .6 fully responsible for the

following:

التورد والتسلم لألصناف والتنفذ لألعمال المطلوبة (أإلحالل صومعة التخزن الحددة مع سر التغذة

المطاط الناقل تسلم نظام مفتاح بموقع مصنع الجر ف وذلك طبقا للشروط والمواصفات الفنة أم باب ،

والرسومات المعتمدة بصورة نهائة من قبل طرف هذا العقد ،

a. Supply and Delivery the items and execution of the required Works for the replacement of storage and dispatch Steel Silo and feeding rubber conveyor Belt on turnkey basis in the Site of Lime Plant @ UmmBab, in accordance with the technical terms, specs. and drawings finally approved by the Parties of the Contract and






التوجهات والتعلمات الت تصدر من وقت آلخر وبحسب بالمواقع ، وبتوفر كافة متطلبات "المالك"من قبل ممثل

أو ة مذكورتكان سواءتنفذ األعمال ف الوقت المحدد ؛.العقدف هذا ذكورةغر م

as per the guidance and instructions issued from time to time by “the Owner” representatives at

the site and provide all the works requirements to execute the works in the specified time whether mentioned or not mentioned in the Contract.

"المالك"الترتب لعقد إجتماعات مع ممثل (ب

فما بنهما والتعاون بمواقع العمل للتنسق فرق العمل تهمتابعواألعمال المطلوبة ، لتنفذ

بفرق بالموقع وحل المشاكل الت قد تنشؤ ذات الصلة

ف أفضل أداء تحقق بهدف و، له العمل التابع

.عمال موضوع العقداألإنجاز سبل

b. Arrangement of meetings with the “Owner’s” representatives in the Site Works for coordination between them to carry out the required works, and to follow-up his teams works and resolve problems that may arise related works teams affiliated to it for best performance the works subject to the Contract.

ممارسة جمع المهارات بعناة وبما إلتزامه ب ( جالمهام المسندة إله بموجب العقد ، من وأداء تناسب

والتورد مع أعمال اإلحالل التصنع أعمالر المهنة ا، وذلك وفقا ألفضل المعالمطلوبة

.المتطورة واألقتصادةوبإستخدام التقنات

ف المطبقة لقوانن وإحترام األنظمة اإللتزام با (د .دولة قطر

c. Exercise all reasonable skill, care and dilligence in the discharge of its obligations under the Contract and shall carry out the required Manufacturing & Supply and replacement works in

accordance with the highest professional standards whilst using the most developed and economic techniques.

d. Comply with the Laws and respect the Regulations applicable in the State of Qatar.

=/مبلغ محدد قدرهسـعر العـقد اإلجمال .7 . (فقط ....................................................... ) .…………………

7. The Contract total price is a fixed the sum of ……………= )…………………………………………. only(.

التورد مع إكمال األعمال ف الموقع ، تكون مدة .8، تبدأ من التارخ الذي ا وم ........موضوع هذا العقد

بكتاب إخطار مباشرة التنفذ "المالك"سوف حدده ."المقاول"المسلم إلى

8. The period for the delivery of the items and completion of the works, subject of the Contract shall

be (----------) commencing from the date will be fixed by “the Owner” and stated in a written notice to proceed to be delivered to “the Contractor”.

المالكمن تارخ إبرامه من العقد سري ي .9 ".المقاول"و

9. The Contract shall be effective from the concluding date by “the Owner” and “the Contractor”.

شخص أو ف أي وقت تعن "للمالك" حق .10لتمثله ف تنفذ العقد أو شركة أو شركات أشخاص

األعمال كمهندسن أو استشارن واإلشراف على أسلوب تنفذ

الحق ف "للمالك" أو مفتشن أو مشرفن ، وكونبذلك "قاولالم"أن خطر استبدالهم بآخرن ، على

.كتابة

10. “The Owner” has the right at any time to appoint a

person(s) or company(s) to represent him in the execution of the Contract and the supervision on the manner of execution of the Works as Engineers, Inspectors or

Supervisors and that “the Owner” can replace them

with others and he shall communicate the same to “the Contractor” in writing.

الدفعات " قاوللمل"بؤن دفع "المالك" لتزم .11 لشروط الدفع المذكورة ا طبقبموجب العقد المستحقة

. 7 رقم ادةشروط العامة للعقد تحت المبال

خصم مقدار ضربة الدخل المستحقة على "للمالك"حق

ضربة الدخلقانونألحكام وذلك وفقا ، من ثمن العقد" قاولالم"

.م 2009/لسنة (21)رقم

11. “The Owner” shall pay to “the Contractor”

amounts due in accordance with payment terms which are mentioned in the General Conditions of

Contract under Section No.7.

“The Owner” has the right to deduct from Contract total price Income Tax amount due on “the Contractor” as per Income Tax Law No. 21/2009.






من الشروط العامة للعقد (8)تطبق حكم المادة رقم .12، وذلك ف حال بشؤن التعوض اإلتفاق عن التؤخر

خالل مدة إكمال األعمال ف إنجاز أو"المقاول"فشل اإلكمال المتفق علها ف هذا العقد ،

أوإكمال آخر لتنفذ أن يعين مقاول "للمالك" وحق. العقدقمةمن خصما " المقاول" على حساب األعمال ،

12. Apply the provisions of Section No. (8) of General Conditions of the Contract, for liquidated damages for delays, in the event of failure of "the Contractor"

in the execution or complete the works within the period for completion agreed upon in this Contract.

The “Owner” has the right to appoint another

Contractor to execute or complete the Works on the

account of Contractor deducting from the Contract

value.

بؤن ستصدر كافة وثائق التؤمن الت تغط "المقاول"لتزم .13

من 4-18:ة رقمالماد فرع حددهاي كما المخاطركافة قبل بدء تنفذ"المالك"لعقد وأن سلمها العامة لشروط ال

الموقع على أن تم استصدار هذه الوثائق من شركة األعمال ف

."المالك"عتمدها يوتعمل بدولة قطر حسنة السمعةتؤمن

13. “The Contractor” shall arrange issuing of the insurance

policies covering all risks as hereafter defined in the General Conditions of Contract, Sub-section No.18.4 and to be submitted to “the Owner” before commencing the

execution of the works at site. The policies shall be issued from a reputable insurance company operating in the State of Qatar approved by “the Owner”.

كفالة / ضمان بنك"المالك" بتسلم " المقاول"قام .14من % 10 ، بواقع ....................=/اإلنجاز بمبلغ

صادرة ( .................. )ـمــإجمال سعر العقد ، كفالة رق

م ، سارة المفعول 2016/...../.....بتارــخ ، ..............من

.201 /......./.....لغاة

14. “The Contractor” has submitted to “the Owner” the

Bank Guarantee/performance bond of total amount…………. Equal to 10% of the Contract total price, Bond No. (………….) and issued by

…………………,dated /../2016. and valid until ……/……../201 .

جمع المنازعات و الخالفات الت تنشؤ بن الطرفن .15 للقوانن القطرة ، ا بشؤن العقد تم الفصل فها وفق

0للقضاء القطري اإلختصاص وكون

15. All disputes and differences arising between the Parties in connection with the Contract shall be settled according to Qatari law and the Competent Court(s) of the State of Qatar shall have the jurisdiction.

إثباتا لما تقدم قام الطرفان بالتوقع على هذا العقد

IN WITNESS whereof the Parties hereto have signed the present Contract.

"المالك"عــن

For “The Owner”

: التوقيـــع

.……………………………………………… : االســم ..……………………………………… :الوظيفـة

SIGNATURE:

NAME : ………………………………………………. TITLE : ……………………………………………….

"المقاول"عــن

For “The Contractor”

: التوقيـــع

.……………………………………………… : االســم ..……………………………………… :الوظيفـة

SIGNATURE: NAME : ………………………………………………. TITLE : ……………………………………………….






SOW, Technical Aspect, Drawings – If any






A) TENDER TITLE:

Replacing the existing storage and dispatch steel silo and feeding rubber conveyor belt at Plant No. 1 (Relevant drawing attached)

B) LOCATION OF THE SILO:

Umm-Bab Cement Plant No. 1, Qatar National Cement Company (80 kilo meter to the west of Doha)

C) WIND:-

Wind speed is 140 km, wind direction: NNW, ambient temperature: Max: 50°C, min: 10°C, humidity: 80%

D) SCOPE OF SUPPLY AND WORKS:

1. Removing the old/existing structure and equipment. 2. Engineering and design for all equipments:-

- Steel Silo - Steel structure - Belt conveyor - Walk ways - Ladders - Civil foundations - Electrical equipment and wiring - Bag filters

3. Civil, Electrical and instrumentation related work. 4. Fabrication of all parts and equipments 5. Supply of all parts and equipments 6. Erection & commissioning

E) SPECIFICATION OF THE MATERIAL:-

According to the following specification, chemical analysis:-

Calcined Lime

Parameter Typical Analysis Unit Required limits

Loss on Ignition 1.20 % Max. 4.0

Silicon Dioxide (SiO2) 3.50 % Max. 4.0

Aluminium Oxide (Al2O3) 0.95 %

Iron Oxide (Fe2O3) 0.30 %

Calcium Oxide (CaO) 92.00 % Min. 90.0

Magnesium Oxide (MgO) 1.80 % Max. 3.0

Sulpher (S) 0.036 % Max. 0.05

Core 4.70 % Max. 5.0

Reactivity with 4N.HCl 380 ml Min. 160

Bulk density 0.90

Product size 5.0 to 40.0 mm

Product Temp. (cooler to silo) 140 °C






F) TECHNICAL SPECIFICATIONS:- 1. Steel silo welded type 2. Steel to be of grade A36 3. Belt conveyor:-

- Ruber belt conveyor - Type: EP 400/3, 3 plies - Width: 450mm - Length: 100 meter

4 Dedusting bag filter with purging system

G) PARTICULAR TECHNICAL CONDITIONS FOR THE EXECUTION OF WORKS : 1. The Contractor is sole responsible for all the dimensions for manufacturing and installation

work. 2. The Contractor should submit all the manufacturing drawings prior to manufacturer to approve

by QNCC 3. The bidder/contractor must visually/physically check/inspect the parts to be replaced/attended

prior to bidding. 4. The Contractor is to provide an experienced engineer to be available on site supervision, safety

and coordinate of the work. 5. The Contractor is responsible for the scaffolding system that will serve both the cladding and

insulation job in addition to facilating the dismantling and instalation of the erection job. 6. The Contractor should clear all the site debris such as old replaced parts, cladding and

insulation materials after the completion of the job to the area advised by QNCC. 7. Commisiong after completing the job is the scope of bidder/contractor. 8. The schedule for completion of the job to be provided. 9 All the required manpower, welding machines and all other required tools are Contractor

scope. 10 Accommodation, food, safety & insurance are Contractor scope. 11. Electrical Power source will be provided by QNCC scope. 12. QNCC will provide area for site office, if required. 13. The job is on turnkey basis.

We undertake to execute and complete “Replacement of Existing Storage and Dispatch Steel Silo and Feeding

Rubber Conveyor Belt for Lime Plant @ Plant No. 1 completion on turnkey basis.”, as stipulated in these tender documents’s bill of quantities, tender scope of Works and Tech. Aspects, the Form of Agreement and the General Conditions of the Contract studied/accepted and signed by us.


Stamp/Seal






FORM OF BILL OF QUANTITY






FORM OF BILL OF QUANTITY (ON LETTER HEAD OF TENDERER)

Serial No.

REQUIRED ITEM*

QTY.

Unit Price Total Price

01

Lumpsum

02

Lumpsum

03

Lumpsum

Total Amount:

Manufacture Name: ………………………… Country of Origin: …………….…………. Supply, Delivery and Completion Period:…………( ) days in the site of Lime Plant basis at Umm-

Bab, Cement Plant-1 on turnkey Basis. __________________________________________________________________________________

_________________________________ __________________ Tenderer Name Date

_________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal






FORM OF BREAKDOWN OF THE PRICES.






FORM OF BREAKDOWN OF THE PRICES

(ON TENDERER LETTER HEAD)

Format of Break Down of the Prices

S/No. Particular’s

Weight(±)

Total Amount

01

02

03

04

Total:

(In words……): …………………………………………………………………………………………………………………………………………………..


Stamp/Seal






FORM OF PERFORMANCE BOND






FORM OF PERFORMANCE BOND (on Bank Letter Head )

Qatar National Cement Co., (Q.S.C) Date …………….. P.O Box 1333, Doha, State of Qatar Greetings, Letter of Guarantee No …………………………………………………………….. Upon request of M/S ……………………………………. We hereby guarantee to pay to you or to your legal representative an amount of QAR/USD………….. Upon first written demand not withstanding any contestants by the Contractor, in connection with the General Tender # GTNO 01/16, related to …………… the validity start of this letter of guarantee shall be effective and come in full force from …….. and expiry on …………... after expiry of four hundred (400) days of the maintenance period which should be calculated from the date of issuance the Provisional Acceptance Certificate.

As guarantee for the fulfillment of the obligations of the aforementioned contract by the Contractor in the establishment time and in accordance with the conditions and terms as specified in the contract. We undertake to extend the validity of this tender bond upon your first demand & notwithstanding any contestants from the Tenderer.







FORM OF ADVANCE PAYMENT GUARANTEE






FORM OF ADVANCE PAYMENT GUARANTEE (ON BANK LETTER HEAD)

M/S. Qatar National Cement Co. (Q.S.C) P.O Box 1333, Doha, State of Qatar

Reference to: General Tender # GTNO 01/16

Subject : Advance Payment Bank Guarantee Greetings, By this irrevocable Guarantee, ………….., State of Qatar , incorporated under the

laws of State of Qatar (herein after called surety), pursuant to the execution and

completion of Contract for “Replacement of Existing Storage and Dispatch Steel

Silo and Feeding Rubber Conveyor Belt for Lime Plant @ Plant No. 1”, as dated

……………….by and between Qatar National Cement Co., Q.S.C. (herein after

called the Owner) and M/S …………………….. (herein after called the Contractor),

this down payment guarantee to bind ourselves and our successors and assigns

both jointly as well severally to pay irrevocably and unconditionally on demand by the

Owner and without any recourse to the Contractor or any third party, to the extent

amount of QAR/USD……….being down payment amount equivalent to 10% of the

Contract total fixed lum sum price. Against simple written request of the Owner

indicating that Contractor is in default and the Owner demands the amount to be

paid by surety.

The gurantee shall be valid until issuance of Provisional Acceptance Certificate.

We undertake to extend the validity of this letter of guarantee upon your first demand & notwithstanding any contestants from the Tenderer.







FORM OF QUALIFICATION AND EXCEPTION






FORM OF QUALIFICATIONS/EXCEPTIONS (on Tenderer Letter Head)

We have following Qualifications/ Exceptions on the tender documents of the above tender GTNo. 01/16 as mentioned herein below:-

SN. Narration Amount (+, -) Time ( +, -)

01

02

03

04

05

Total

_________________________________ __________________ Tenderer Name Date

_________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal






GENERAL CONDITIONS OF CONTRACT






GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this part/section the following expressions shall have the meanings prescribed to them hereunder except where the context otherwise requires. “CONTRACT” shall include the Form of Agreement, General Conditions of the Contract, Scope of works, Technical Specification, Reports, Bill of Quantities, Format of Breakdown of Prices and all agreed documents in relation to the items shall be supplied and works shall be executed at site. “OWNER” means Qatar National Cement Company (Q.S.C.) or his Lawful assignee or Successor. “CONTRACTOR” means the successful tenderer has signed the Contract or his lawful assignee or Successor. “PARTIES” means the Owner and the Contractor. “SCOPE OF WORKS” means the items required to be suppllied and the works to be executed at site by the Contractor as described in the tender documents. “CONTRACT LUMP SUM PRICE” means the fixed total price as set out payable to the Contractor by the Owner for provision of Contract Scope of works described in the tender documents. “DESIGN” means all the items to be provided and the works to be executed by the Contractor in accordance with Scope of suplly and works and others Contractor’s responsibilities mentioned in this General Conditions of Contract described in the tender documents. “OUTLINE DRAWINGS” means the drawings prepared by Contractor and annexed to or issued with this Standard Conditions and contained in the Contract. “PROVISIONAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by the Owner and delivered to the Contractor stating that the works have been substantially and successfully completed at site in accordance with the terms and conditions of Contract.

“MAINTENANCE/DEFECT LIABILITY PERIOD” shall have the meaning assigned to this term in the Maintenance/Defect Liability Period Section to be contained in the Contract which covers the default in the supplied items or in performance in any part or section works for a period of four hundered (400) days from the date of issuing the provisional acceptance certificate to the Contractor. “TEST ON COMPLETION” means such tests to be undertaken by the Contractor in accordance with the terms of the Contract with such additional tests as agreed upon between Contractor and the Owner for the issuance of the Provisional Acceptance Certificate. “FINAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by the Owner and delivered to the Contractor stating that all the supplied items and executed replacement works are successfully completed with no defect and is finally by ending of four hundered (400) days calculated from the issuance date of Provisional Acceptance Certificate and with no default as per Terms and Conditions defined in the Contract.






1.2 INTERPRETATIONS

1.2.1 A reference to an individual or person includes a corporation, firm, partnership, joint

venture, association, authority, trust, state or government and vice versa.

1.2.2 Words importing the singular shall include the plural and vice versa.

1.2.3 A reference to any gender includes all genders.

1.2.4 A reference to any agreement or document is to that agreement or document (and

where applicable any of its provisions) as amended, innovated, restated or replaced

from time to time.

1.2.5 A reference to any agreement or any other document or arrangement includes that

party’s executors, administrators, substitutes, successors and permitted assigns.

1.2.6 Article headings and index are for reference only and shall not affect interpretation.

1.2.7 The Annexes (if any) to this Schedule shall form a part thereof, however in the event of

any conflict between the Annexes and Articles of this Schedule, the articles shall

prevail.

1.2.8 If any terms or any part thereof (in this Article called the “offending term”) contained in

this Schedule shall be or be declared or become unenforceable, invalid or illegal for any

reason whatsoever then provided the commercial intent of the agreement is not

adversely affected the other terms of this Schedule shall remain in full force and effect

as if the Agreement had been signed without the offending terms appearing herein. The

parties hereto agree to substitute if possible for such offending term a new tern to the

fullest possible extent.

2. COMMENCEMENT OF PERIOD FOR COMPLETION.

2.1 The Period for delivery of complete in notice to proceed letter issued by “the Owner”

for commencement of the supply of the items required and execution and

completion of the required Works at Site once “the Contractor” acknowledge

and accepts the notice to proceed letter sent to him by “the Owner”.

2.2 Items and Works required shall commence and be completed in accordance with the

time schedule contained in the Contract.

2.3 There shall be no extensions to the period for the delivery and completion of the works

unless the Contract period of the works is extended with the written consent of “the

Owner” in which case the corresponding extension shall be granted to “the

Contractor” provided such extension is required due to the default of “the Owner” or

“the Contractor” or for reasons as stated in the contract.

2.4 Terms defined in the other documents of Contract where applicable to have the same

meanings used herein unless the context requires otherwise.

3. SCOPE OF WORKS

The Contractor shall undertake to manufacture, supply the items & execute the replacement

works @ site in accordance with the terms and conditions as set out in the Contract.






4. CONTRACTOR’S FACILITIES AND TOOLS

4.1 Facilities Required During the Execution at Site.

During the execution period of Contract, “the Contractor” shall arrange to provide himself and his personnel with the necessary accommodation and facilities at the site.

4.2 Equipment and Items

Specialized equipment and items furnished by “the Owner” to “the Contractor” or purchased by “the Owner” for the Contractor with funds wholly supplied or reimbursed by “the Owner” shall be the property of the Owner and shall be marked for identification purposes by “the Contractor” and/or “the Owner”. The Contractor shall be responsible for ensuring that any such equipment and items provided by “the Owner” are maintained by it in good condition.

4.3 Disposal of Equipment and Items

Upon completion or termination of the Scope of works at site, “the Contractor” shall furnish to the Owner inventories of the equipment and items supplied to it by the Owner, which are to be disposed or deliver the equipment to “the Owner” and dispose of any unwanted items as directed by “the Owner”.

4.4 Site Personnel

[

All persons/manpower working for “the Contractor” shall be under his direct employment/sponsorship and supervision.

5. TIME SCHEDULE FOR THE SUPPLY & COMPLETION OF THE WORKS

The Time Schedule for Supply of items and execution of works at site on turnkey basis shall be agreed and embodied in the Contract.

6. CONTRACT LUM SUM PRICE PAYABLE TO THE CONTRACTOR

The Contract Lump Sum Price payable to the Contractor for the provision and

completion of the Scope of Supply and works shall be allocated and payable in

respect of the different stages of the Scope of Supply and Works as provided

hereunder.

6.1 Contract lump sum price for Modified in the Scope of Supply & Works.

Where additional works are necessary due to changes within the Scope of Supply or Works requested by the Owner an additional price to be mutually agreed upon by the Owner and the Contractor shall be granted to the Contractor. The basis for the additional price shall be agreed to in writing between the Owner and the Contractor prior to the commencement of provision of the additional materials supply or works.

6.2 Inclusive Contract Lump Sum Price

6.2.1 The Contract Lump Sum Price payable to the Contractor shall include all

cost, overhead, profits, taxes, charges, payments to his sub-contractor(s) and

all costs and expenses of whatsoever nature for the performance and






completion of the Scope of Supply & Works pursuant to the terms of the

Contract.

6.2.2 The Contractor signing the Contract confirms that he is aware of all other

cost or charges to be incurred and which are necessary for it to carry out and

complete the Scope of supply and works required under the contract.

6.2.3 No claim will be accepted by the Owner from the Contractor due to the

Contractor’s lack of knowledge in respect of any matter affecting the level or

adequacy of the contract lump sum price payable to the Contractor pursuant

to the terms of the Contract.

7. PAYMENT TERMS

7.1 In accordance with the tender terms and conditions 10% of the total contract amount will be

paid in advance upon receipt of the Advance Payment Guarantee.

7.2 Remaining 90% shall be paid by way of account payee cheque / bank transfer / letter of

credit.

7.2.1 The Letter of credit will be established on written request of the

Contractor/Supplier along with the Proforma Invoice including name, address with telephone & fax number, bank account number, branch, name of bank, amount, dated, description of material(s) & validity required for the Letter of Credit. The Letter of Credit shall be non-transferable and non-divisionable. All L/C expenses of LC in Qatar would be to account of applicant. All expenses outside Qatar would be to the account of beneficiary. LC extension, if any would be on account of beneficiary. LC would be non transferable

7.2.2 80% of 90% payment covering items / equipment supply shall be released upon

submission of the following duly legalized shipping documents:

- Original Invoice - Airway Bill / Bill of Lading - Certificate of Origin which should be issued from the Load port

7.2.3 20% of 90% payment shall be released on production of the

Contractor/Supplier’s Invoice and Delivery Note duly signed by General Manager of the Owner.

7.2.4 100% of 90% payment covering the replacement works shall be released

against presentation of Interim Certificate(s) by the contractor as progress of erection works at site and the settlement of each interim certificate shall be within 15 days approved by the Owner.

7.3 10% Retention shall be deducted from all invoices and the retention amount shall be released

upon issuance of provisional acceptance certificate.

7.4 Letter of credit / Payment by transfer or A/C payee cheque shall be established / issued subject to point 7.3 above and withholding tax / Retention as per Income Tax Law No. 21 of 2009 of the State of Qatar.






7.5 Advance Payment Bond/Guarantee The Contractor shall issue an Advance Payment Guarantee in an amount

equivalent to the down payment amount, through a first class reputable Bank operated in Qatar or any other Bank acceptable to the Owner. This guarantee will be issued at the signature of the Contract, and shall be valid until the amount of the Advance Payment is fully recovered and released against issuance of Provisional Acceptance Certificate.

7.6 Performance Bond

Performance/Bid Bond of 10% of the Contract total lump sum price will be issued by a first class reputable Bank operated in the State of Qatar acceptable to the Owner and the validity start of this letter of guarantee before signing the Contract and remain valid until expiry of four hundred (400) days of the Maintenance/Defect Liability period, which should be calculated from the date of issuance the Provisional Acceptance Certificate.

7.7 CURRENCY

The Contract Price payable to Contractor shall be calculated and paid in QAR.

8. LIQUIDATED DAMAGES FOR DELAYS

Should the Contractor fail to supply or execute or complete the required items and works within the contractual completion time schedules as defined in the contract and should the damage be deferred due exclusively to such delay, the Owner shall be entitled to receive/impose liquidated damages calculated on the basis of 0.5% of each day or part of day of such delay up to a maximum of 10% of the contract total price.

9. FORCE MAJEURE

9.1 Payment

If at any time before the completion of the works under the Contract any part of the works shall be damaged or destroyed as a consequence of Force Majeure, as defined in Sub-Section 9.3 (Default) hereof, occurring within the State of Qatar beyond the control of Contractor and form unforeseen cause, the Contractor will receive the proportionate payment for any additional works which may be requires to be completed only by him as a result of such damage or destruction.

9.2 Circumstances Beyond Control

Any of the parties affected by Force majeure shall promptly notify the other

Party in writing of any situation or event occurring within the State of Qatar arising from any circumstances beyond it’s control, which is unavoidable and which could not reasonably be foreseen and which makes it impossible for the affected party to carry out in whole or in part its obligations under the Contract.






9.3 Default

Neither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions, revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards, extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring within the State of Qatar which is beyond the control of the parties, unavoidable which could not reasonably be foreseen and which renders impossible the fulfillment of the contract.

9.4 Delays in Performance

If the performance of any obligations or responsibilities of any Party is delayed for more than Thirty (30) days, the term of this Contract shall either be extended for such period or the contract may be terminated at the Owner’s choice. In the event that the performance of the works is prevented in whole or in part due to an occurrence referred to in Sub-Section 9.3 (Default) hereof, then the Owner shall have the option at any time after the commencement of such occurrence to terminate the Contract by giving written notice to the Contractor. The payment on termination shall be assessed as the reasonable and actual cost incurred by Contractor to demobilize those staff whose works are related to the Scope of works.

9.5 Notice of Termination

If a termination notice is given as a result of Force Majeure as per Clause 9.3 (Default) above, the termination shall become effective upon receipt by Contractor of the Owner’s notice to terminate.

10. TERMINATION OF THE CONTRACT

Should Contractor fail for more than Thirty (30) days after written notice to discharge its contractual obligations as set out in the contract and cease to comply with provisions of the scope of works except in the case of Force Majeure, the Owner shall have the right to terminate immediately the Contract.

11. CONFIDENTIALITY

11.1 Contractor shall treat the details of this Contract and all documents prepared hereunder as private and confidential (save in so far as it may be necessary to pay any such decisions for the performance of its duties hereunder) and shall not publish or disclose the same or any particulars thereof in any trade of technical paper or elsewhere without the prior written consent of the Owner. The Contractor shall ensure that its personnel and sub-contractors enter into similar confidentiality undertakings towards the Owner.

11.2 Documents shall remain the property of the Owner






11.3 All Documents prepared by the Contractor for the works or provided to him by the Owner shall remain confidential during the contract execution period, the drawings shall remain in the sole custody of the Owner.

12. INFORMATION REQUIREMENTS

12.1 Contractor shall submit the following information to the Owner at such regular interval as appropriate:

a) All communications which:

1. State or indicate the possibility of an intention to claim additional time or

money.

2. Relate to security, access or personnel to the site area, accidents and safety of personnel, insurances or other matters, which may be considered of interest to the Owner or may require action by him.

b) Programme and Schedules as follows:

1. All programmers and schedules of information requirements from the

Owner to Contractor and vice versa.

2. All interim or stage programmes issued by the Owner.

c) Monthly item required and erection works status reports, which must include

statements on :

[

1. Progress of items and works. 2. Performance of the Contractor’s manpower in particular with regards to non-

compliance with all such duties and obligations as contained in the Contract and the Specifications.

3. Quality of the Works. 4. Supply or delivery problems and action taken. 5. Any items or works variation to the Contract period or Contract price with

financial details and any reasons which indicate, in view of Contractor, that these are likely to be varied in the future.

d) Full details of the Contractor’s manpower maintained on the site, calculated and

reported on a monthly basis.

12.2 Variations

The Contractor shall clearly identify any Variation Orders as being issued one of the following categories:

a) Variations which alter, amend or delete items contained in the Contract and

which Variation does not alter the Scope of works, is not charged against contingencies and which does not increase the Contract Value;

b) Variations which will increase the Contract Value and will require the

commitment of additional funds

c) Variations which are charged against contingencies as per Sub-Section 12.3 hereunder.






12.3 Contigencies

Not Applicable

12.4 Handling Over

When the Contractor shall determine that a part or all of the works has been completed and is acceptable for use by the Owner then the Contractor shall give sufficient prior written notice to the Owner that such works or part is substantially completed and is ready for handing over and the Owner shall check and approve, then if accepted the Owner will issue the Provisional Acceptance Certificate as per applicable Clause (Provisional Acceptance Certificate).

13. ASSIGNMENT

The Contractor shall not assign or transfer the benefit or obligation of the Contract or any part thereof to any third party without the prior written approval of the Owner. However, the Contractor shall be entitled at any time to take into partnership another partner or partners (or directors) and he or they shall be deemed to be included in the expression “Contractor”.

14. TAXES

The Contractor shall be responsible for the payment of all taxes including income tax, customs or import duties, training levies and all other levies and taxes applicable by laws, any regulatory or concerned authorities in the State of Qatar. Any new taxes decided by State of Qatar Authorities or modifications of the existing taxes after the date of signing of the contract shall be mutually discussed in order to adapt the contractual price accordingly.

15. THE OWNER’s RESPONSIBILITY

15.1 Information to the Contractor

The Owner shall furnish all pertinent data and information available and shall give such assistance as reasonably be required by the Contractor for performing its duties and discharging its obligations under the Contract.

15.2 Decisions

The Owner shall give its decisions on all sketches, drawings, report recommendations and other matters properly referred to it by Contractor in writing and in reasonable time so as not to delay the performance of the Contractor in respect of the Scope of Supply and Works under this Contract.

16. THE CONTRACTOR’S RESPONSIBILITY

16.1 Supply trained direct and indirect manpower for erection works.






16.2 Responsible for the supervision on his supplied manpower for completion of the works at site.

16.3 Provide Medical and Accidental Insurance. 16.4 Providing Visa Arrangement, immigration fee and other convinient cost for

manpower, what ever is required. 16.5 Covering all workers salaries, wages and workers compensations. 16.6 Cost of personnel air flights, visas as well as internal transportation to and from

the sites. 16.7 Obligate his manpower to follow the discipline, Safety and rules of the Owner. 16.8 Responsible for safety of his people working (Manpower) at sites. 16.9 Responsible for compensation of his manpower for any damagees occur to them

or the theft or loss of his equiment. 16.10 To comply with all applicable Qatari Laws and Regulations. 16.11 Provide an experienced Engineer to be available on site supervision, safety and

co-ordination of the works.

17. THE OWNER’S APPROVAL

The Owner’s specific approval in writing shall be required by Contractor prior to the following: a) Assignment or subletting by the Contractor of any part of the items required or any

section/part of the works. Any direct instructions by Contractor imposing to its provided manpower a method of working different to that stated in the Contract or modifying the accepted method included and agreed at tender stage.

18. SCOPE OF LIABILITY OF CONTRACTOR

18.1 Errors and Omission

The Contractor is liable for all the detrimental consequences of its recommendation, negligent acts, errors and omissions on its part or on the other parts of its employees, Sub-Contractor, agents or assignees in discharge of its contractual obligations under this contract. The Contractor’s Manpower shall execute the works in accordance with all the requirements and criteria in the Contract and in accordance with standards of care and diligence generally practice and expected by Contracting Firms possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.

18.2 Defects The Contractor at his own expense, carry out any alterations or remedial maintenance works necessitated by reason of such errors and omissions for which he is responsible and modify the drawings and information accordingly.

18.3 Limitation It is also understood that the Contractor has no responsibility of fulfilling any obligations out of the obligations defined in this Contract.






18.4 Insurance Cover The Contractor shall take all insurance covers for his own provided manpower at site (such as medical, life, accident, workmen compensation etc.) in accordance with the Qatari Laws and Regulations of the State of Qatar.

Such certificate and policies shall be issued by a reputable insurance company operating in the State of Qatar and acceptable to the Owner.

18.5 Violation of Rights of Third Parties

The Contractor shall be responsible for violation of the rights of third parties unless he has not been given correct information concerning these provision or rights or that he has brought to the notice of the Owner such liability beforehand.

18.6 Contracts by Contractor

Contractor shall collect all the necessary information required for the execution and discharge of its obligation as stated under this Contract and shall initiate and activate all necessary contracts for this purpose. The Owner shall assist in facilitating when possible.

19. DEFECT LIABILITY PERIOD

Defect liability/Maintenance period means the respective period covering any

default/failure/neglects in the items supplied or works executed by the Contractor such period is starting from the date of issuaning of Provisional Acceptance Certificate for a period of four hundered (400) days.

20. NOTICES

All notices under this Contract shall be given in writing and will be deemed to have been given if delivered by one of the following means: - By fax transmission

- By e-mail transmission confirmed by fax or express courier

- By express courier or telegram transmission

21. LANGUAGE OF THE CONTRACT

The language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence, General Conditions of Contract etc. shall be in the English language. In case of these Contract documents being translated into Arabic Text for the benefit of any regulatory body in the State of Qatar and will arise a conflict between the English and Arabic text, the English text shall prevail.






22. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

22.1 Settlement of Disputes

In case of any dispute arising between the Contractor and the Owner, the parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within ninety (90) days of its arising, the same shall be referred to the competent Qatari Court(s).

22.2 Applicable Law Applicable law shall be Qatari Laws.

22.3 Works to Continue

Performance of the contract shall continue during judicial proceedings

unless the Owner shall order suspension thereof, and if any such suspension shall be ordered, the reasonable expenses of the Contractor occasioned by such suspension shall be included in the total lump sum price of the Contract if the competent Qatari Court(s) so decides. No payment due or payable by the Owner shall be withheld on account of pending reference to the competent Qatari Court(s).

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(The end of this General Conditions of the Contract)