PARTICULAR INSTRUCTIONS TO THE BIDDER

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KUWAIT OIL COMPANY (K.S.C.)
A Subsidiary of Kuwait Petroleum Corporation
(Register of Commerce No. 21835)

PARTICULAR INSTRUCTIONS TO THE BIDDER

-for-
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F,
20MW 11KV AREA SUBSTATION AT GC-23, EMERGENCY DG SET AT GC-23
AND RELATED ACTIVITIES

This document shall be read in conjunction with all other parts of the Tender Documents.
This document takes precedence over the General Instructions to the Bidder.

1. INTRODUCTION

This tender is issued by the Central Agency for Public Tenders (CAPT). The interested
bidders may access the tender package from the CAPT website.

2. VISIT PORTAL (CAPT)

Bidders are strongly advised to check from time to time the CAPT website for any new
notices or revisions related to the tender..

3. FORM OF TENDER AND ATTACHMENTS TO THE FORM OF TENDER

3.1 The bidder shall quote on the Form of Tender, the Contract Price in the form of Not-to-
Exceed Value and shall detail this price on Attachment No. 1 to the Form of Tender for
the Works as fully described in the Tender documents and in the manner described in
the Form of Tender.

3.1.1 The bid amounts shall be subdivided and aggregated in the manner indicated on
Attachment Nos. 1, 1A, 1B, 1C&1D to the Form of Tender. If so requested, the Bidder
shall submit the original quotation of the selected sub-contractor for Company’s review.

3.1.2 The bidder’s quoted price shall remain firm and fixed for the entire Contract Period and
the Bidder shall be deemed to have made due allowances for additional costs caused by
increases in wages, taxes, duties, materials, transport, equipment, overheads or any
other reason whatsoever.

3.1.3 The Company shall not consider claims for any Variations in the quoted price
throughout the period of the Contract whether due to inflationary increases or any other
cause whatsoever.
 Page 2 of 6
PARTICULAR INSTRUCTIONS TO THE BIDDER
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F, 20MW 11KV AREA SUBSTATION AT
GC-23, EMERGENCY DG SET AT GC-23 AND RELATED ACTIVITIES

3. FORM OF TENDER AND ATTACHMENTS TO THE FORM OF TENDER

(CONT’D)

3.2 The Bidder shall quote on Attachment No. 2 to the Form of Tender a schedule of unit
rates as specified therein, which shall be fixed for the Contract Period. The unit rates
shall be used for assessing the value of any variations to the Works and shall be taken
into consideration during evaluation of Tenders. The Company reserves the right to
reject the whole or any part of this schedule of unit rates.

3.3 In Attachment No. 3 to the Form of Tender, the bidder shall submit a preliminary
programme of Works in the form of a bar chart, showing the sequence and duration of
various phases of the Works including design, material procurement and delivery
schedule, site work, testing and commissioning for the Works. The final programme of
work shall be submitted in accordance with the requirements of the Contract. The
bidder shall also submit project organization chart and manpower histogram.

3.4 In Attachment No. 4 to the Form of Tender, the bidder shall submit details of the key
personnel it proposes to utilize on the Works and, as a minimum, state their nationality,
name, qualification skill, trade and details of their sponsorship. Also the Bidder shall
submit on Attachment No. 4 to the Form of Tender details of vehicles and equipment it
proposes to utilize on the Works as indicated therein.

3.5 In Attachment No. 5 to the Form of Tender, the bidder shall submit name of
manufacturer, descriptive technical details, manufacturer’s catalogues, brochures and
all other technical details of the proposed equipment as specified therein. The selected
manufacturers/Vendor shall comply with the requirements mentioned in the Contract
Specification and Technical Specification.

The successful bidder shall not change any of the manufacturer/Vendor after the award
of the Contract or any time during the Contract Period without the Company’s prior
approval.

3.6 In Attachment No. 6 to the Form of Tender, the bidder shall certify that none of the
Owner(s)/Partner(s) of its firm is a member of the Central Agency for Public Tenders
(CAPT) or a member of the KPC / KOC Board of Directors or a member of KPC-HPC
/ KOC-PC or an employee of Kuwait Oil Company. The bidder shall also submit
certificate from the Ministry of Commerce and Industry, indicating owner(s)/partner(s)
names.

3.7 In Attachment No. 7 to the Form of Tender, the bidder shall submit the List of National
Products, List of Products from National Industries/Local Suppliers. Bidder shall
confirm in its bid that it is in compliance with the provisions of Public Tender Law No.
49/2016.

3.8 In Attachment No. 8 to the Form of Tender, the bidder shall submit details with prices
of the manufacturer’s recommended spare parts as indicated therein for all the materials
to be provided by it for incorporation into the Works.
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PARTICULAR INSTRUCTIONS TO THE BIDDER
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F, 20MW 11KV AREA SUBSTATION AT
GC-23, EMERGENCY DG SET AT GC-23 AND RELATED ACTIVITIES

3. FORM OF TENDER AND ATTACHMENTS TO THE FORM OF TENDER

(CONT’D)

3.9 In Attachment No. 9 to the Form of Tender, the bidder is deemed to have knowledge
of and must comply with Law No. 25/ 1996 relating to declaration of commission in
connection with State contracts.

The successful bidder, where such law is applicable to this Contract at the time of
signing the Contract or becomes applicable to this Contract during the Contract Period,
must serve on the Superintendent within the time limit specified by such law a
declaration in the format set out in Attachment No. 9 to the Form of Tender.

3.10 In Attachment No. 10 to the Form of Tender, the bidder shall submit its preliminary
HSE plan for the Contract that bidder intends to use during execution of the Works, in
line with the Contract requirements and the Company procedure for preparation of
Contract HSE plan document No KOC.GE.048.

3.11 In Attachment No. 11 to the Form of Tender, the bidder shall confirm his compliance
with Council of Ministers Resolutions No. 1028/2014 pertaining to employment of
Kuwaiti Nationals in the percentage specified in the Law. The bidder shall submit the
necessary certificate along with his bid to prove that the said requirement is fulfilled.
This Certificate shall be the yearly Certificate issued by the Ministry of Social Affairs
certified by the Under-Secretary (specimen Form attached for guidance).

Bidders not submitting the required certificate or not meeting such stipulated
percentage shall be disqualified.

3.12 In Attachment No. 12 to Form of Tender, the bidder shall submit its preliminary QA/QC
plan.

3.13 In Attachment No.13 to the Form of Tender, the bidder shall submit details of its
credentials as requested in the prescribed format and with supporting documents for
bidder’s evaluation and qualification.

3.14 In Attachment No. 13A to the Form of Tender, the bidder shall submit details of
Company's Organization and Structure as requested in the prescribed format and with
supporting documents.

3.15 In Attachment No. 13B to the Form of Tender, the bidder shall submit details of its
Technical credentials as requested in the prescribed format and with supporting
documents.

3.16 In Attachment No. 13C to the Form of Tender, the bidder shall submit details of its
HSEMS credentials as requested in the prescribed format and with supporting
documents.
 Page 4 of 6
PARTICULAR INSTRUCTIONS TO THE BIDDER
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F, 20MW 11KV AREA SUBSTATION AT
GC-23, EMERGENCY DG SET AT GC-23 AND RELATED ACTIVITIES

3. FORM OF TENDER AND ATTACHMENTS TO THE FORM OF TENDER

(CONT’D)

3.17 In Attachment No. 13D to the Form of Tender, the bidder shall submit details of its
financial credentials as requested in the prescribed format and with supporting
documents.

Important notes:

i. Failure to provide the required information shall result in disqualifying the bidder.
ii. Details furnished by the bidder shall not be considered if submitted without
supporting documents as required.
iii. The Company has absolute discretion in the selection of the bidder and that the
Company is not required to provide any reason should the Company decide not to
award the contract to the bidder.
iv. Bidder gives consent to the Company to verify the given details and that the bidder
shall provide any additional details required by the Company to satisfactorily
evaluate our bid.

3.18 In Attachment No. 14 to the Form of Tender, the bidder shall attach a valid “To Whom
It May Concern Certificate” issued by Public Authority and Manpower (“PAM”)
stating that there is no suspension on the bidder’s file for governmental contracts
registered with “PAM” resulted from one of the violations stated in Article (10) of
Labour Law No. 6/2010, failure to provide the required certificate shall lead to
disqualification of the submitted Bid.

3.19 In Attachment No. 15 to the Form of Tender, the bidder shall submit checklist of all
attachments submitted with the bid.

3.20 The bidder is placed on notice that failure to submit any of the foregoing Attachments
to the Form of Tender, either in full or in part, may result in disqualification of its
Tender by reason of it being an incomplete submission and non-compliant with the
terms and conditions of the Tender Documents.

4. QUESTIONS

Questions regarding the tender should be directed in writing to the Central Agency for
Public Tenders (CAPT).

5. PRE-BID MEETING

With reference to paragraph 9 of the General Instructions to the Bidder, the pre-bid
meeting shall be conducted at the location, date and time specified in the Official
Gazette (Kuwait Alyoum).

Bidder (or bidder’s representative) who paid the Tender Fee and is registered as a KOC
Business Partner shall be permitted to attend the pre-tender meeting.
The bidder shall be notified with instruction on how to attend the pre-bid meeting.
 Page 5 of 6
PARTICULAR INSTRUCTIONS TO THE BIDDER
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F, 20MW 11KV AREA SUBSTATION AT
GC-23, EMERGENCY DG SET AT GC-23 AND RELATED ACTIVITIES

6. SITE VISIT

With reference to paragraph 12 of the General Instructions to the Bidder, there shall be
a Site visit. Date, time and gathering place of the Site visit shall be advised during pre-
bid meeting. Bidders shall bring with them to the pre-bid meeting copies of the Civil
IDs and gates passes (if available) of their representatives intending to visit the Site, or
they may send legible copies of such Civil IDs and gate passes marked with the RFP
number to the Central Agency for Public Tenders.

Bidders (or bidder’s representative) who paid the Tender fee shall be permitted to attend
the Site visit.

7. ARABIC FORM OF TENDER & BID CLOSING DATE

7.1 Without prejudice to the contents of paragraphs 13 and 14 of the General Instructions
to the Bidder, the bidder may for convenience download the tender documents from the
e-Business portal but shall fill the Arabic Form of Tender and its Attachments received
from the Central Agency for Public Tender (CAPT).

7.2 Note that the official tender closing date and time is as advertised by CAPT.

8. BID BOND

With reference to paragraph 20 of the General Instructions to the Bidder, the bidder
shall submit with its bid the original of the Bid Bond for the value notified by CAPT,
marked with the RFP number & title and the name of the bidder.

9. PERFORMANCE BOND

With reference to clause 21 of the General Instructions to the Bidder, the Performance
Bond required to be submitted by the successful bidder shall be in the value of ten
percent (10%) of the total Contract Price.

10. BID PRICE AND DECIMAL POINT OF PRICES

The bidder shall quote unit rates on the relevant Attachment to Form of Tender only.

The quoted prices must be rounded off to the nearest three (3) decimal points

11. SUBMITTAL OF BID

The two (2) originals of your Bid must be submitted in the CAPT issued envelope as
specified in clause 13 and 14 of the General Instructions to the Bidder.
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PARTICULAR INSTRUCTIONS TO THE BIDDER
CONSTRUCTION OF 72MW, 11KV MAIN INTAKE SUBSTATION AT SABRIYA-F, 20MW 11KV AREA SUBSTATION AT
GC-23, EMERGENCY DG SET AT GC-23 AND RELATED ACTIVITIES

12. TENDER AWARD

The bidder shall note that a separate tender for Construction of 72 MW 11 kV Main
Intake Substation at Raudhatain-F, 20 MW 11 kV Area Substation at GC-15 & GC-
25, VSD Substation at GC-15 and Related Activities is issued under (RFP-2037031).
The Company shall award only one contract to the successful bidder even if that bidder
happens to be the lowest in both tenders i.e. this RFP-2038369 & RFP-2037031.

The Company shall have the sole discretion to choose and award anyone of the two
tenders based on the best combination of bid prices to such bidder provided that the
bidder complies with all the requirements of the tenders. The bidder shall not have any
right in choice of the tender.

13. Provisions for Small and Medium Enterprises (SMEs) with reference to Law
no. 74/2019

13.1 Tender Fees shall not be applicable for SMEs that are registered in National Fund for
Small and Medium Enterprises Development. SMEs are not required to provide the
proof of purchase of the tender document.

13.2 The Company shall apply twenty percent (20%) price preference for the Bid submitted
by SMEs during the bid evaluation/award of Contract.

14. Amendments to General Instructions to Bidder

Clause 23 of General Instruction to Bidders shall not be applicable since this tender is
issued as Public Tender.

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