Professional Documents
Culture Documents
INVITATION TO TENDER
ATTACHMENT I
INSTRUCTION TO BIDDERS
Contents
1. General information and instructions .................................................................................... 3
1.1. Definitions .......................................................................................................................... 3
1.2. Introduction ....................................................................................................................... 4
2. General Description of the Work ............................................................................................ 4
2.1. Inspection Services........................................................................................................... 4
3. Bid Requirements ..................................................................................................................... 5
3.1. Bid Requirements.............................................................................................................. 5
3.2. Bid ....................................................................................................................................... 5
3.3. Contract Term .................................................................................................................... 5
3.4. Additional Bidding Requirements ................................................................................... 5
3.5. Signature Authority ........................................................................................................... 5
3.6. Audited Financial Statements .......................................................................................... 5
3.7. Bidding Basis .................................................................................................................... 5
3.8. Nigerian Content (NC) Requirements .............................................................................. 6
3.9. Business Ethics ............................................................................................................. 7
3.10. Illegal Information Brokering........................................................................................ 7
3.11. Laws and Regulations ................................................................................................... 7
3.12. Government Negotiations ............................................................................................. 8
3.13. Export Control ................................................................................................................ 8
3.14. ITT Costs ........................................................................................................................ 8
3.15. Clarifications from Bidders .......................................................................................... 8
3.16. Compliance with Labor Law: ........................................................................................ 9
3.17 Binding Legal Relationship ………………………………………………..…………….. 10
4. Conditions for Joint Venture (JV) for participation in this ITT ............................................ 9
5. Instructions for Bid Preparation ........................................................................................... 10
5.1. Bid Acknowledgement .................................................................................................... 10
5.2. Bid Clarification Meeting ................................................................................................ 10
5.3. Bid Identification ............................................................................................................. 11
5.4. Confidentiality ................................................................................................................. 11
5.5. COMPANY Contact.......................................................................................................... 11
5.6. Bid Due Date .................................................................................................................... 11
5.7. Bid Decline Notification .................................................................................................. 11
5.8. Bid Submittal Format ...................................................................................................... 11
5.9. Responsive Bid ............................................................................................................... 12
5.10. Bid Validity ................................................................................................................... 13
5.11. Language ...................................................................................................................... 13
5.12. Exceptions to the ITT .................................................................................................. 13
5.13. Early Submittals........................................................................................................... 14
5.14 Currency of Payment ……………………………………………………………………….14
6. COMPANY Rights Regarding Bid ......................................................................................... 14
7. Returning ITT Documents and Bids .......................................Error! Bookmark not defined.
Appendix 1.1 - ACKNOWLEDGEMENT OF RECEIPT OF BID DOCUMENTS ........................... 16
Appendix 1.2 - NOTICE OF INTENT ............................................................................................. 17
Appendix 1.3 - FORMAT FOR JOINT-VENTURE AGREEMENT ................................................. 18
Appendix 1.4 - FORMAT FOR “POWER OF ATTORNEY” FOR JOINT-VENTURE
PARTICIPATION ........................................................................................................................... 222
Appendix 1.5 - GENERAL COMPLIANCE REPRESENTATION .................................................. 24
INSTRUCTIONS TO BIDDERS
Bidders should note that the electronic copy loaded into the NipeX portal will be the primary tool
used to review and evaluate the Tender. Bidders are encouraged to structure and organize the
information contained in the electronic files. Acceptable file formats for the electronic data
loaded are MS Word, MS Excel and pdf.
1.1. Definitions
For purposes of this Invitation to Tender (ITT), the following words and phrases shall have the
meanings stated below:
Affiliate: (1) ExxonMobil Corporation, (2) any company in which ExxonMobil
Corporation now or hereafter (a) owns or (b) controls, directly or indirectly,
more than fifty percent (50%) of the stock having the right to vote or appoint
its directors (Company), and (3) any joint venture in which ExxonMobil
Corporation or a Company as defined under (2) in this paragraph is the
operator. This is also referred to as ExxonMobil in this document.
Agreement or The fully executed documents contained in PRINCIPAL DOCUMENT and the
Contract: Exhibits attached to this ITT as may be modified by the mutual agreement of
Company and Contractor.
Bidder (or Those who receive this ITT and respond in such a manner as to constitute a
Tenderer): submission of a tender.
Company: Esso Exploration and Production Nigeria Limited (or EEPNL, the ExxonMobil
Affiliate located in Nigeria.
Contractor(s): The successful Bidder(s), if any, eventually awarded a Contract.
Contractor's Employees, contractors, consultants or agents of Contractor assigned to fill full
Personnel: time positions in support of Company/NNPC Offshore Construction Services.
Goods: The materials and/or equipment specified in the documents contained in
“PRINCIPAL DOCUMENT, Exhibit A – Description of Services and Exhibit B
– Compensation” of this ITT and each applicable Order.
ITT: This Invitation to Tender package consisting of (i) Instructions & Forms, (ii) –
Contractual Document - PRINCIPAL DOCUMENT and its Exhibits,
NCDMB: Nigerian Content Development and Monitoring Board.
NIPEX: Nigerian Petroleum Exchange.
NNPC/NAPIMS: Nigeria National Petroleum Corporation / National Petroleum Investment
Management Services.
Order: The document issued by Company specifying the Goods to be supplied and/or
the Services to be performed for Company, using any form Company may
provide whether labeled as an Order or by other labels including, but not
limited to, "call-off", "release", "work release", "work order", "work
authorization", "letter of authorization", "purchase order" or "request for
services".
Services (or The Services specified but not limited to those as contained in Exhibit A –
Work): Description of Services of the Agreement attached to this ITT and in each
applicable Order, including all the activities, operations, tasks, duties, work and
1.2. Introduction
1.2.1. EEPNL on behalf of NNPC/EEPNL plans to award a contract to provide qualified
Inspection Services Personnel for Company’s inspection services in Nigeria or
Source Inspection and at various manufacturing sites across the world(i.e. in Asia,
Europe, Middle East and Americas etc).
1.2.2. EEPNL in its capacity as Operator is inviting competitive Bids and plans to award
and administer contracts to the successful BIDDERS under the terms of the PART
I - PRINCIPAL DOCUMENT and Exhibits included within this ITT.
1.2.3. The contract will be for an initial period of three years with an optional one (1) year
extension.
QAQCIS shall supply Local and global Source Inspectors whose responsibilities include
but are not limited to the following:
i. Local/Regional Inspection
ii. Local/Regional Coordination
iii. Civil Inspection
iv. Structural Inspection
v. Welding Inspection
vi. Rotating Equipment Inspection
vii. Electrical Inspection
viii. Instrumentation Inspection
ix. Painting Inspection
x. Pipe Coating and Wrapping Inspection
xi. Monitor NDE Inspection
xii. Mechanical Inspection
xiii. Subsea Equipment Inspection Oversight (Umbilical, Flowlines, Risers, etc)
xiv. FPSO inspection
xv. Below FPSO inspection oversight
xvi. Control Systems Inspection
xvii. Crane Inspection
xviii. Lifting Equipment Inspection
xix. Construction Inspection
xx. Factory Acceptance Inspection
xxi. In-plant Expediting
xxii. Verification of COMPANY appraised drawings as required
xxiii. Witness Testing
xxiv. Conduct Meetings
xxv. Document Review Inspection
xxvi. Provide Inspection Reports
3. Bid Requirements
3.2. Bid
3.2.1. The bid shall constitute BIDDER’s entire offer with respect to the performance of
the WORK. It shall not be qualified or supplemented by any other document or
understanding. BIDDER is required to carefully study the contents of this ITT
package and to obtain all information it may require enabling it to submit its Bid.
BIDDER shall be deemed to have satisfied itself as to the correctness and
sufficiency of its bid. No claims whatsoever will be entertained arising out of
BIDDER’s failure to study the ITT package.
3.2.2. Bids which are deemed incomplete (all questions and blanks must be
answered) or non-responsive to the requirements of this ITT package at the
end of the process will be penalized and may be disqualified.
CONTRACTUAL DOCUMENTS
3.7.1. BIDDER shall consider only information provided in this ITT package as the basis
for its Bid.
3.7.2. Nothing shall be deemed to change or supplement this ITT except addenda and
revisions to this ITT issued in writing to BIDDER by COMPANY.
3.7.3. The contents of Commercial Tender Form shall be transferred to Exhibit B
Compensation in the agreement at CONTRACT award.
into the Nigerian Content Development Fund established for purposes of funding the
implementation of NC development in the Nigeria oil and gas industry.
COMPANY believes that in successfully achieving the above, the outcome will be reduced
costs and increased availability of some goods and services over time. Furthermore, the
full-cycle, long-term profitability of offshore oil developments will be enhanced by the ability
of current projects to generate benefits for Nigerians and Nigerian businesses.
Upon CONTRACT award, CONTRACTOR failure to comply with the NOGICD Act or
demonstrate commitment to NC development is deemed an offence and liable upon
conviction to a fine of 5 percent of the project sum for each project in which the
offence is committed or cancellation of the project.
CONTRACTOR shall maintain and preserve, and shall cause its lower tiers contractors to
maintain and preserve, accurate documentation and data (including, but not limited to,
written and electronic records books of accounts, correspondences, plans, permits,
licenses, drawings, payroll records, memoranda, receipts, and documentation of related
systems and controls) pertaining to all information provided in the monthly NC performance
template provided in Appendix 2, Exhibit D.
3.11.2. The BIDDER’s attention is directed to the provisions of Section 54 of the Companies
and Allied Matters Act of Nigeria, which states:
i. Subject to sections 56 to 59 of the Act, every foreign company which, before
the commencement of this Act, was incorporated outside Nigeria, and having
the intention of carrying on business in Nigeria shall take all steps necessary
to obtain incorporation as a separate entity in Nigeria for that purpose, but
until so incorporated, the company shall not carry on any business in Nigeria
or exercise any of the powers of a registered company and shall not have a
place of business or an address for service or receipt of invoices and other
documents, as matters preliminary to incorporation under this Act.
ii. Any act of the company in contravention of subsection (1) of this section
shall be void."
3.11.3. Successful BIDDER shall be required to show evidence of compliance with the
Companies and Allied Matters Act of Nigeria, evidence of valid registration with the
Department of Petroleum Resources (DPR) and possess in its own name a current
permit to operate as an oil industry services company in Nigeria.
All Bidders submitting tenders do so with the understanding that Company does not accept any
obligation of confidentiality with respect to any information disclosed to Company in the ITT
documents unless specifically covered by a separate written confidentiality agreement. By
submitting their quotations, all Bidders agree they will place no restrictive notices on any
document (including drawings) provided as part of this ITT. The Bidders further agree that if they
do place such notices on documents, Company is authorized to remove and/or disregard any
such restrictive clauses and shall be free to use and disclose any or all information contained
therein to third parties without accounting to the Bidder. Company has provided anticipated
activity as part of this ITT to assist Bidders in developing the pricing structures for the quotation,
but does not guarantee any amount of work.
4.1.2. Any member of a JV shall not be eligible either in an individual capacity or part of
any other JV to participate in the Tender.
4.1.3. All the JV member(s), as a mandatory requirement, shall authorize the “Lead
Member” by submitting a legally binding “Power of Attorney” as per the format
prescribed in “Appendix 1.4” of this “Instructions to Bidders” duly signed by the
authorized signatories. The “Lead Member” shall be authorized to receive
instructions for and on behalf of all Members of the JV and entire execution of the
contract.
4.1.4. JV as a whole should meet the qualifying norms specified in the ITT and the
proposed partners in the JV must successfully meet the technical evaluation
criteria. For technical & unpriced commercial bids evaluated as JV, any subsequent
bid submission for Commercial Bid shall similarly be from the same JV (who
submitted the Technical and Unpriced Commercial Bid) and if successful, contract
award shall be to the “JV” submitting the bids.
4.1.5. Work Order(s) will be placed to the JV and if one or more Member fails to perform
their respective portion of the CONTRACT, the same shall be deemed to be a
default by all the Members. In case of any dispute amongst the Members of the
Joint-Venture, COMPANY shall not be liable in any way, and the JV members shall
not be absolved from their contractual obligation in any manner.
4.1.6. The JV and each of its members shall be jointly and severally responsible and be
held liable for the purpose of guaranteed obligation and any other matter as required
under the contract. The obligation of each of the members is absolute and not
severable or independent of the Joint-Venture or any member.
4.1.7. In the event of award of a CONTRACT, in addition to the Letter of Credit/Bank
guarantee and 10% retention required as per “Article 34, PRINCIPAL DOCUMENT”
which shall be submitted by the “JV”, Each JV member shall provide the following:
i. An irrevocable, unconditional Letter of Credit/Bank Guarantee in a form,
duration and an amount, and issued by a financial institution, all of which are
satisfactory to Company
ii. A Parent COMPANY Guarantee in favor of COMPANY.
5.4. Confidentiality
COMPANY considers all aspects of the WORK to be confidential and requires that
BIDDER limit disclosure of information given in this ITT to those in BIDDER’s organization
who have a need to know in order to respond to this ITT. The information contained in
the ITT documents may not be disclosed, published, or advertised in any manner without
COMPANY's written authorization. All information contained in the ITT documents is to
be treated as Proprietary regardless of whether the documents are labeled as such or
not. All ITT documents remain the property of COMPANY, and BIDDER will be required
to return them upon request. BIDDERs are authorized to provide appropriate information
to proposed subcontractors and vendors as required to obtain required pricing and
technical information, but BIDDER must inform subcontractors that the conditions in this
section apply.
5.8.2. Bidders are to submit bids in the NIPEX portal. File format shall be Adobe PDF files
as well as in editable native files.
5.8.3. Please note that the separation of "Technical" information from "Unpriced
Commercial" and ‘’Commercial’’ information is mandatory. Failure to comply
with the requirement for separation of technical and commercial bids may
result in the Bid being dropped from consideration.
5.8.4. The Priced Commercial Bid shall be submitted by BIDDERS in the same format and
quantity as the Unpriced Commercial Bid, except it shall contain all pricing
information and all labeling shall be “Priced Commercial” in place of “Unpriced
Commercial”.
show the name and title of the individual who signed the originals of the
Unpriced Commercial Bid. A photocopy of the signed signature page is
preferred.
5.9.2. Technical Bid
i. The Technical Bid shall be submitted in accordance with the Technical Bid
Form included as “Attachment III - Technical Proposal Form” and submitted
in a separate folder from the Unpriced Commercial Bid in accordance with
the instructions contained in Section 5.9 herein.
5.9.3. Priced Commercial Bid
The Priced Commercial Bid will be submitted together with the Technical bid and
Unpriced commercial bid but only BIDDERs that have been qualified from the
evaluation of Technical and Unpriced Commercial Bids will have their commercial
bids opened.
5.9.4. BIDDERS are cautioned against prejudging that COMPANY will approve any
specific options/alternatives proposed by BIDDER where the job specification
permits variations that require COMPANY's approval or decision. If a BIDDER
wishes to propose options/alternatives for COMPANY's approval prior to
CONTRACT award, the BIDDER must list any such proposed
options/alternatives in its bid.
5.11. Language
The Bids shall be submitted in the English language and all communications with
COMPANY in connection with the Bid shall also be in the English language.
Email to : GSC-PROC-NIGERIAPROJECTSPROCUREMENT@exxonmobil.com
ITT No.:
We acknowledge receipt of the Invitation to Bid (ITT) documents for the subject bid consisting of
the following:
Invitation Letter
Attachment I Instructions to BIDDER
Attachment II Nigerian Content
Attachment III Technical Proposal Form
Attachment IV Commercial Proposal Form
Attachment V NCDMB Commercial Evaluation Template
After we have had the opportunity to complete a thorough review of the documents we will advise
if there are any missing pages or other discrepancies.
(BIDDER to complete this document duly signed & stamped on BIDDER’s Letterhead. Submit signed copy
via email to:
GSC-PROC-NIGERIAPROJECTSPROCUREMENT@exxonmobil.com
Date:
REF: ITT No. WS3105542 for Quality Assurance Quality Control Inspection Services (QAQCIS)
FROM:
(Name)
(Phone Number)
MESSAGE:
I have received your Invitation To Bid No. WS3105542 and Do Not intend to submit a Bid.
I have received your Invitation To Bid No. WS3105542 and Intend to submit a Bid.
I have formed an unincorporated Joint Venture (JV) with following companies, and this Joint
Venture (JV) shall jointly prepare and submit a Bid against this ITT:
Lead Member: [Insert Lead Member's full legal entity name, Address, Contact person,
and Contact details.]
Second Member: [Insert Lead Member's full legal entity name, Address, Contact person,
and Contact details.]
Third Member: [Insert Lead Member's full legal entity name, Address, Contact person,
and Contact details.]
_______ The following documents were missing from our ITT
1. __________________________
2. __________________________
3. __________________________
(Name) (Date)
(Title)
___________________________________________
(Company Name) (E-mail)
THIS “Joint-Venture Agreement” is executed effective as of the [Insert date] day of [Insert month and
year] by and between:
[Insert Lead Member's full legal entity name] a [Insert type of business entity – corporation, partnership,
LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or formation and
registration] and having its Registered office at [Insert Lead Member’s address] (hereinafter referred
to as the “Lead Member” which expression shall include its successors);
and
[Insert Second Member's full legal entity name] a [Insert type of business entity – corporation,
partnership, LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having its Registered office at [Insert Second Member’s address]
(hereinafter referred to as the “Second Member” which expression shall include its successors);
and
[Insert Third Member's full legal entity name] a [Insert type of business entity – corporation,
partnership, LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having its Registered office at [Insert Third Member’s address]
(hereinafter referred to as the “Third Member” which expression shall include its successors);
The “Lead Member” and the “Second Member”, and the “Third Member” shall collectively hereinafter
be called as the “Joint-Venture Members”, who have formed this “Joint-Venture ” for the purpose of
submitting a Tender to [Insert COMPANY's full legal entity name], a [Insert type of business entity –
corporation, partnership, LLC, etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having an office at [Insert COMPANY's address] (hereinafter referred
to as the “COMPANY”) in response to the “Invitation of Tender No. WS3105542” Dated [Insert date]
for “Quality Assurance Quality Control Inspection Services Agreement (QAQCIS)” (hereinafter referred to
as “ITT”).
Now, therefore, in consideration of the undertakings, promises, and agreements as set forth herein,
the “Joint-Venture Members” hereby agree as follows:
As required per the “Section 4, Instructions to Bidders” of the ITT, the “Joint-Venture Members”
have hereby formed a Joint-Venture to submit their Tender against this ITT, and confirm to fulfill
and abide by the following requirements:
1. Within 15 working days of the ITT issue date the formation of “Joint-Venture” shall be complete
and the contact details of all “Joint-Venture Members” shall be submitted to COMPANY as per
the “Appendix 1.2 - Notice of Intent” contained in the “Instructions to Bidders” of the ITT. The
Tender submission shall be accompanied with this “Joint-Venture agreement which is a
necessary condition for any JV to be eligible for participation in the bidding process.
2. All the “Joint-Venture Members”, as a mandatory requirement, shall authorize the “Lead
Member” by submitting a legally binding “Power of Attorney” as per the format prescribed in
“Annexure 1.5” of the “Instructions to Bidders” of the ITT duly signed by the authorized
signatories. The “Lead Member” shall be authorized to receive instructions for and on behalf
of all “Joint-Venture Members” during the entire execution of the contract.
November 2020 Page 18 of 24
ITT Number WS3105542 Instructions & Forms
QA/QC Inspection Services Agreement (QAQCIS) Instructions to Bidders
3. Work Order(s) will be placed to “Lead Member” of the JV and the “Lead Member” shall ensure
performance of the CONTRACT, but if one or more Member fails to perform their respective
portion of the CONTRACT, the same shall be deemed to be a default by all the “Joint-Venture
Members”. In case of any dispute amongst the “Joint-Venture Members”, COMPANY shall not
be liable in any way, and the “Joint-Venture Members” shall not be absolved from their
contractual obligation in any manner.
4. The JV and each of the “Joint-Venture Members” shall be jointly and severally responsible and
be held liable for the purpose of guaranteed obligation and any other matter as required under
the CONTRACT. The obligation of each of the “Joint-Venture Members” is absolute and not
severable or independent of the Joint-Venture or any member.
And whereas the Tender for the ITT being submitted to the COMPANY by the “Lead Member” is based
on this “Joint-Venture agreement” executed between all “Joint-Venture Members”, signed by all the
“Joint-Venture Members”.
In consideration of the above premises, in the event of the selection of this “Joint-Venture” as
successful Bidder, all the Parties to this “Joint-Venture Agreement” do hereby agree to abide
themselves as follows:
1. The “Joint-Venture Members” together declare and confirm that the “Lead Member” shall act
as their point of contact with COMPANY for and on behalf of all “Joint-Venture Members”. The
“Joint-Venture Members” further declare and confirm that they shall jointly and severally be
bound and shall be fully responsible to the COMPANY for the successful performance of the
entire WORK as detailed in the DESCRIPTION OF SERVICES and the other parts of the ITT,
and the obligations of the “Joint-Venture Members” are as follows:
2. Despite any breach by the “Lead Member” or any other “Joint-Venture Member”, the “Joint-
Venture Members” do hereby agree and undertake to ensure full, effectual and successful
performance of the CONTRACT with the COMPANY and to carry out all the obligations and
responsibilities under the CONTRACT in accordance with the requirements of the
CONTRACT.
3. If the COMPANY suffers any loss or damage on account of any breach of the CONTRACT or
any shortfall in the performance in meeting the performance guaranteed as per the
DESCRIPTION OF SERVICES or the PRINCIPAL DOCUMENT, the “Joint-Venture Members”
undertake to promptly make good such loss or damages caused to the COMPANY, on its
demand without any demur. It shall not be necessary or obligatory for the COMPANY to
proceed against the Lead Member before proceeding against or dealing with the other “Joint-
Venture Members”. The obligation of each of the “Joint-Venture Members” is absolute and not
independent of the “Joint-Venture” or any “Joint-Venture Member”.
4. The financial liability of the “Joint-Venture Members” to the COMPANY, with respect to any of
the claims arising out of the performance or non- performance of the obligations set forth in
the DESCRIPTION OF SERVICES, read in conjunction with the relevant conditions of the
PRINCIPAL DOCUMENT shall, however, not be limited in any way so as to restrict or limit the
liabilities of any of the “Joint-Venture Members”. The liability of each of the “Joint-Venture
Members” is absolute and not severable.
5. It is expressly understood and agreed between the “Joint-Venture Members” that the
responsibilities inter se amongst the “Joint-Venture Members” shall not in any way be a
limitation of joint and several responsibilities and liabilities of the “Joint-Venture Members” to
the COMPANY. It is clearly understood that the “Lead member” shall coordinate performance
November 2020 Page 19 of 24
ITT Number WS3105542 Instructions & Forms
QA/QC Inspection Services Agreement (QAQCIS) Instructions to Bidders
under the CONTRACT and if one or more “Joint-Venture Members” fail to perform its /their
respective obligations under the CONTRACT, the same shall be deemed to be a default by all
the “Joint-Venture Members”. It will be at the sole option of the COMPANY to take any steps,
punitive and/or corrective action as prescribed in the PRINCIPAL DOCUMENT including but
not limited to Back-charges, Liquidated damages, or termination of CONTRACT in case of
such default.
6. This “Joint-Venture agreement” shall be read, construed and interpreted in accordance with
the PRINCIPAL DOCUMENT of the CONTRACT in all matters arising there under.
7. In the event of award of a CONTRACT, in addition to the “Letter of Credit” and “Parent
Company Guarantee” required as per “Article 34, PRINCIPAL DOCUMENT” which shall be
submitted by the “Lead Member”, the “Second Member” and the “Third Member” shall
additionally provide the following:
8. It is further agreed that this “Joint-Venture agreement” shall be irrevocable and shall form an
integral part of the PRINCIPAL DOCUMENT of the CONTRACT, and shall continue to be
enforceable for the entire duration of the CONTRACT including the Defect Liability Period. It
shall be effective from the date first mentioned above for all purposes and intents.
9. Capitalized terms used but not defined herein shall have the meaning as assigned to them in
the PRINCIPAL DOCUMENT and/or the other documents contained in the ITT.
10. In case of any dispute amongst the “Joint-Venture Members”, COMPANY shall not be in any
way liable and the “Joint-Venture Members” shall not be absolved from their contractual
obligations in any manner.
IN WITNESS WHEREOF, the “Joint-Venture Members” have caused this the “Joint-Venture
Agreement” to be executed in their respective corporate names by their duly authorized
representatives, effective as of the effective date stated above, even though actually executed on the
dates below the signatures.
WE, [Insert Second Member's full legal entity name] a [Insert type of business entity – corporation,
partnership, LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having its Registered office at [Insert Second Member’s address],
and
[Insert Third Member's full legal entity name] a [Insert type of business entity – corporation,
partnership, LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having its Registered office at [Insert Third Member’s address],
are Members of the “Joint-Venture” formed for the purpose of executing a “Services Outline
Agreement” for COMPANY’S “Quality Assurance Quality Control Inspection Services Agreement
(QAQCIS)” (hereinafter referred to as “CONTRACT”), and we do hereby constitute, nominate and
appoint [Insert Lead Member's full legal entity name] a [Insert type of business entity – corporation,
partnership, LLC, Proprietorship etc.] existing under the laws of [Insert jurisdiction of incorporation or
formation and registration] and having its Registered office at [Insert Lead Member’s address] as our
duly constituted lawful Attorney ( hereinafter referred to as “Lead Member”) to exercise all or any of
the powers for and on behalf of the “Joint-Venture” in regard to the “Invitation of Tender No.
WS3105542” Dated [Insert date] for “Services Outline Agreement” for COMPANY’S “Quality
Assurance Quality Control Inspection Services Agreement (QAQCIS)” (hereinafter referred to as “ITT”)
for which Tenders have been invited by the COMPANY, to undertake the following acts:
1. To submit proposal, participate and negotiate in respect of the aforesaid ITT of the COMPANY
on behalf of the “Joint-Venture”.
2. To communicate/coordinate/negotiate with COMPANY on all matters related to the ITT and/or
the CONTRACT and in the event of an award to sign the CONTRACT with the COMPANY for
and on behalf of the “Joint-Venture”.
3. To do any other act or submit any document related to the above.
4. To receive, accept and execute the CONTRACT for and on behalf of the “Joint-Venture”.
5. To submit the “Letter of Credit” and “Parent Company Guarantee” required as per “Article 34,
PRINCIPAL DOCUMENT” “in the prescribed format.
6. It is clearly understood and confirmed that the “Lead Member” shall coordinate between
COMPANY and the “Joint-Venture Members” to ensure performance of the CONTRACT and
if one or more “Joint-Venture Members” fail to perform their respective portion of the
CONTRACT, the same shall be deemed to be a default by all the “Joint-Venture Members”.
7. It is expressly understood that this “Power of Attorney” shall remain valid, binding and
irrevocable till completion of the Defect liability period of the CONTRACT.
The “Joint-Venture Members” hereby agrees and undertakes to ratify and confirm all the whatsoever
the “Lead Member” quotes in the Tender, negotiates and signs the CONTRACT with the COMPANY
and / or proposes to act on behalf of the “Joint-Venture” by virtue of this “Power of Attorney” and the
same shall bind the “Joint-Venture Members” as if done by themselves.
IN WITNESS WHEREOF, the “Joint-Venture Members” have caused this the “Power of Attorney”
to be executed in their respective corporate names by their duly authorized representatives, effective
as of the date of the signatures below.
(BIDDER to complete this document duly signed & stamped on BIDDER’s Letterhead. Submit signed
copy via email to:
GSC-PROC-NIGERIAPROJECTSPROCUREMENT@exxonmobil.com
BIDDER hereby warrants and represents that it has read the technical, commercial, legal, and other
requirements of this tender, including but not limited to the Principal Document, Exhibits and DESCRIPTION
OF SERVICES and that they will fully comply with these requirements. BIDDER understands and agrees
that non-compliance with this representation may result in rejection of Tenderer´s bid in its entirety.
TITLE:___________________________
DATE:___________________________