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To be filled out by the Contractor for each Subcontractor

SUB CONTRACTOR APPROVAL FOR KOC CONTRACTS


Guidelines for Approval
1.

Subcontractor:

1.1

Subcontractor means any person, firm, partnership, corporation or


combination thereof to whom any part of the Works/Services is
subcontracted by the Contractor in accordance with the terms of the
Contract, and specifically excludes Vendors.

1.2

As far as possible, the Contractor must propose Subcontractors from Company


approved Categories or alternatively CTC approved.

2.

Subcontracting Plan

2.1

Upon commencement of any Contract, the Contractor shall submit


to the Superintendent of Contract its subcontracting plan detailing
the scope of works, an estimated amount, importance, risk
allocation, along with its percentages compared to the total works of
the Contract proposed to be subcontracted. Subcontractors work
shall be integrated in overall project CPM (Program of Work)

2.2

In Contracts where subcontractor is not identified and specified, the


Contractor shall submit application for Subcontractor approval for
each Subcontractor they intend to adopt for the Contract to the
Superintendent of Contract based on Contract requirements.

2.3

At all times during the Contract Period, the Contractor shall maintain
a record of all Subcontractors working at the Site and their safety
performance working at the Site.

2.4

Any Subcontractor approved for a particular Contract shall only be


allowed to work in that Contract only. Separate approval shall be
obtained for the same Subcontractor to work in different Contracts
even if it is for the similar scope of work under the same
Superintendent of Contract.

2.5

The Subcontract will be awarded to a very clear scope of work. e.g. each work to be
subcontracted shall include quantification of work, duration, portion of work to be
subcontracted and an estimated value of the subcontract.

3.

Selection of Subcontractor

3.1

The selection of Subcontractors as follows:


a) First priority from KOC List of Approved Contractors for categories of Works/
Services, for quality assurance purpose; and
b) Second priority from approved Contractors of KPC subsidiary/ CTC/ Ministry
of Health / MEW/ MPW and other government companies.

Annexure 1 Check List


3.2

Application for Subcontractor approval submitted by the Contractor will be


reviewed by the Company to determine if the proposed Subcontractor is technically
acceptable and has acceptable HSSE & Performance records.

Documents to be submitted for the Sub-Contractor approval by Main Contractor :


i)
ii)
iii)

Application for Subcontractor approval

To be attached with Contractor Request Letter


(sample format attached)
Annexure - 1 Details regarding the Proposed SubcontractorTo be filled by Contractor
(Sample format attached)

iv)

Annexure 2 Current Or Recently Completed Projects


To be filled by Contractor/
Sub-Contractor ( sample format attached)
Annexure - 3 Declaration - Statement Certificate (sample format attached).
To be submitted separately for each Contract Certificate from
the Ministry of Commerce and Industry (Arabic and English translation)

v)

Copy of Sub contract agreement with scope of work

vi)

Any previous approvals from K Companies or other companies for the similar scope of work
to be sub-contracted for

Annexure 1 Details regarding the Proposed Subcontractor

Application for Subcontractor approval


Contract Number:
Contractor Name:

Expiring on:
Completion Date:

Value:
M/s.

Yes

No

Does the contract allow subcontracting the scope being


requested
Was the Subcontracting plan approved?
Is the Subcontractor listed in KOC List of approved
contractors?
Is the Contractor Q listed by KOC or any KPC subsidiary /
Ministry?
Is it more than one Sub-contractor for the same job?
If yes, why? (Attach justification)
Scope of Work to be subcontracted:
Reasons for subcontracting:
How many subcontract work awarded in the Contract so far
(List to be attached)
Is the subcontract work major / minor reference the contract?
Estimated value of the subcontract?
Percentage (%) of this subcontracted works of the total scope?
Total cumulative Value and percentage (%) of works
subcontracted in the Contract (this subcontract + subcontracted
works, which does not require KOC approval for gate pass
purpose.)
Risk Allocation of the subcontract work (High/Medium/
Low)
Does the contract timetable allow the subcontract
work / service to be finished without extensions?
Proposed Subcontractor:
Name of Proposed Subcontractor:
Address:
Tel./Fax No.:

Signed

M/s.
eMail

Date:

Local

Outside

Major

Minor

Estimate

Cuml. Value

Total %

Annexure 1 Details regarding the Proposed Subcontractor


Name

For
and
behalf of

on :
(Name of Contractor)
Annexure 1 Details regarding the Proposed Subcontractor

Details regarding the Proposed Subcontractor

Yes/No Category

Remarks

Contract Specified
Listed on the KOC List of Contractors by
a
Category of Work?
Provide copy of
approval.

b Listed in the CTC/ MPW/ MEW/ Ministry of


Health / Ministry of Telecommunication List of
Approved Contractors, by approved category?
c Specified / listed in the Contract?

Reference clause.

2 Reasons of Not subcontracting to Contract specified / category stated in 1 above


a Can the subcontracted scope be subcontracted to any of the above
contactors?
If no, provide reasons of the Contractor subcontracting such Attach Justification
works to other than the listed above.
b Subcontractor approved earlier in the Contract for a particular
scope of services but now applying for another scope of services.
Short-listed Subcontractor Prequalification
A Technical
i Previous experience of subcontractor for similar
works (Annexure 2) Attached?

ii Number of employees

Applicable
Yes

No

Not applicable
Remarks

when established

ii Is the Subcontractors business license


appropriate for the work to be subcontracted?

Copy attached.

iii Subcontractor company registration details


iv Was the Subcontractor been rejected before?
v Was the Subcontractor been terminated before?
B

Safety Statistics for three (3) years

i No. of Motor Vehicle Accidents


ii Loss time accident in hours / days
iii No. of Fatal accidents
iv No. of Fires
v No. of Near Misses
vi No. of Property damages
C Certificates / Agreement

Nos./Days

Remarks

Annexure 1 Details regarding the Proposed Subcontractor


Details regarding the Proposed Subcontractor

Yes/No Category

Remarks

i Subcontractors Statement and Certificate


Declaration Form Attached. (Annexure 3)
ii Ministry of Commerce and Industry regarding
Owners / Partners certificate
iii The name of the Subcontractor in Subcontractor
Approval Form is the same as in Subcontractor
Firms Owners/Partners form.
iv Copy of subcontract agreement attached
D Declarations
i We hereby declare that all subcontracts contain assignment rights in favour of the
Company, as necessary to make the assignments required by the Contract, immediately
exercisable by the Company upon a default by the Contractor or in the event of
termination of the Contract, in whole or in part, hereof by the Company.
ii We agree to include the Subcontractor in our insurance policies after their approval and
will remain fully responsible for acts, defaults, and neglects of its Subcontractor(s) as if
they were the acts, defaults and neglects of the Contractor.
iii We will ensure that the Subcontractor complies with all provisions of the Contract and
KOC HSEMS.
iv We agree that without prejudice to the generality of any clause specified in the Contract
(Compliance with Law - Licenses), shall comply with Ministerial Order No. 44/1985
issued by the Ministry of Finance and Economy concerning notification by contractors
about their subcontractors.
v We declare that all of our proposed Subcontractors are legally entitled to do business
within the State of Kuwait and have undertaken a statement that they have reviewed and
comply with the following:
i.
Order of Council of Ministers No. 7.3/85 being protecting local industry;
ii.
Order No. 28/86 being protecting local industry
iii.
Ministry of Trade & Commerce Decision No. 6/1978
iv.
Council of Ministers Decision No. 412, preference Kuwait Vendors
v.
GCC Decision No. 282 2000
vi We Understand that if any of the above information found to be not true, the
Subcontractor approval shall be void and the Company may take necessary action as
deemed appropriate.
Signed

Name

For
and
behalf of

Date:

on :
(Name of Contractor) (Authorised Personnel to
sign)

Annexure 1 Details regarding the Proposed Subcontractor


ANNEXURE 2
CURRENT OR RECENTLY COMPLETED PROJECTS BY THE
SUBCONTRACTOR
1 Project Name:
Contract
Amount:

Contractor:

Fax N

2 Project Name:
Contract
Amount:

Contractor:

Fax N

3 Project Name:
Contract
Amount:

Contractor:

Fax N

4 Project Name:
Contract
Amount:

Contractor:

Signed
For
and
behalf of
To:

Fax N

:
on :

Date:

(Name of Subcontractor)
KUWAIT OIL COMPANY (K.S.C.)
(Register of Commerce No. 21835)
ATTACHMENT NO. 1

Subjec
t

Contract
No.
Title

Main
Contractor:

Name

Annexure 1 Details regarding the Proposed Subcontractor

Proposed SubContractor:
SUB-CONTRACTOR'S FIRM OWNERS / PARTNERS
I.
With reference to the subject, as defined by Article 20 of Law No.
37/1964),
A.

B.

We, the Sub-Contractor being proposed by the main Contractor


for the above Contract hereby certify that that none of the
owner(s)/partners / employees of our firm or local agent (as
applicable) is a member of the Central Tenders Committee or an
employee of the Kuwait Oil Company or a member of KPC / KOC
Board of Directors or KPC HTC / KOC Tender Committee.
Further, we submit a certificate from the Ministry of Commerce
and Industry, indicating owner(s)/partners names of our
firm/local agent.

C.
We also submit the following (for local contractors and agents
only):
1.

For Companies:

Copy of Article of Association and latest


amendment thereto (if any).

2.

For
Establishments:

The Ministry of Commerce and Industry


certificate indicating owner(s)/partners names.

We undertake to submit any changes / updates made on the above


declaration / documents as and when they are introduced.
II.

We understand and agree to comply with all Companys HSE


requirements as well as relevant State of Kuwait Laws and
regulations.

Signed
Name
For and on
behalf of

:
:
:
(Name of Sub-Contractor)

Date
Stamp

:
: