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Request For Quotation for RFQ No.

PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

PART 3

INSTRUCTIONS TO BIDDER

Bidders must observe and comply with the following instructions:

1. RFQ Content
The following documents are included in this RFQ Package:

Part 1 Letter of Request for Quotation


Part 2 Acknowledgement of Intention to Bid
Part 3 Instructions to Bidders
Part 4 Commercial Bid Summary
Part 5 Sealed Bid Label
Part 6 Requisitions and all specifications and documents referenced therein.
Part 7 Purchase Order Terms and Conditions
Part 8 Seller Site Service Terms & Conditions
Part 9 Shipping instruction for shipment
Part 10 Form of Performance Guarantee

Bidder must verify that this RFQ contains all the above documents and/or instructions.

In the context of these documents, "Bidder" means a company that is in the business of
providing Equipment, Material, Work or Services of the type described in this RFQ.

All capitalized terms used herein shall have the meaning ascribed to them in the
PURCHASE ORDER TERMS and CONDITIONS.

For the purpose of this RFQ all references to “COMPANY” shall mean Korea National Oil
Corporation (KNOC) and/or PTSC Petroleum Offshore Services (POS) and all references to
BUYER shall mean PTSC Mechanical & Construction (PTSC M&C)

2. Bid submission
Bid shall be submitted to the BUYER at the given address in two (2) separate sealed parts:
Un-priced parts consisting of one (1) original, one (01) copy and Priced part consisting of
one (1) original & one (1) copy. Each part shall be marked “Un-priced” / “Priced” and each
copy shall be marked “Original”/ “Copy”. The Un-priced part shall have the same
information with that of Priced Part but without Price.
Original Bids with copies of any supporting documents shall be submitted in accordance
with these instructions.
Bidder shall also submit a disc containing one copy of the priced Bid and one copy of the
un-priced Bid. Bids must be sealed securely with the attached Sealed Bid Label firmly
attached and delivered to the following address:

One (01) Un-price proposal part + One (01) Price proposal part sent to:

PTSC Mechanical and Construction Joint Stock Company.


# 31, 30/4 Street, Ward 9, Vung Tau City, Vietnam
Attn: Mr. Pham Van Chuan- Project Procurement Manager

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Instructions to Bidders
Request For Quotation for RFQ No. PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

Tel: 84-64-3838834
Fax: 84-64-3838170

3. Extension of Bid period


No extension will be granted to the date for Bid submissions other than for exceptional
circumstances agreed in writing by the BUYER.

4. Bid Identification
The cover of each Bid Document is required to clearly show the Bid number, the title of the
Work for the Bid, and the name of the Bidder. Bidders are requested to use the enclosed
address labels for submitting their Bids.
5. Withdrawal of the Bid
Bids may only be withdrawn by written or faxed request and may only be modified by a
Bidder upon submitting a written request of such to BUYER. Any such request for
withdrawal / modification of bid must be received by BUYER at the address noted in
paragraph 6 below, two (1) weeks before the Bid due date and time stated in the Letter of
Request for Quotation.

6. Additional Information Discrepancies or Omissions


All future correspondence (inclusive of clarification questions) must be emailed to:
Buyer’s email
Copy: ……………………………

As noted in the Letter of Request for Quotation to Bid. All emails must have the RFQ
number and Package description in the subject line.

Bidders are to note that all Bidder inquiries are to reach BUYER no later than one (1) week
prior to the submittal date to allow sufficient time for the BUYER to respond.

BUYER’s practice in handling Bidder Inquiries shall be to distribute both the inquiry and
BUYER’s reply as follows:
• Inquiry responses that relate in a general way to the RFQ package will be distributed
to all Bidders. In such a case the identity of the Bidder initiating the inquiry will not
be disclosed by the BUYER.
• Inquiry responses that specifically relate to any items of supply that are proprietary to
a single Bidder shall be treated as confidential and given only to the Bidder initiating
the inquiry.

7. Type of Contract
The PURCHASE ORDER shall be awarded on a lump sum basis. Any work required which
is not identified or priced per the above shall be mutually agreed and the pricing negotiated
on a lump sum basis.

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Instructions to Bidders
Request For Quotation for RFQ No. PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

8. Exceptions
If the Bidder is at variance with any requirement of the RFQ package, including any
specifications and drawings referenced therein, Bidder is to clearly identify such
exception(s) in Item D of the attached Commercial Bid Summary together with a thorough
explanation of the exception(s) and Bidder’s proposed alternate provision.

Bidders are cautioned that any exceptions taken to the commercial terms of this RFQ
package including the Purchase Order Terms and Conditions may result in rejection of their
proposal. Any such exception taken is to identify the specific item for which exception is
taken, the reason for the exception and an alternate acceptable to Bidder. Failure to identify
exceptions to said terms and conditions shall be deemed to constitute an acceptance by
Bidder of the terms and conditions as stated.

9. Alternative Bids
Any proposal may be rejected which does not conform to any requirement of or which
contains provisions not required by the RFQ documents. Bidders may submit an alternate
proposal but only on condition that it accompanies a conforming proposal. In such a case;
• The alternate proposal shall clearly indicate where it is at variance with the
conforming proposal and BUYER shall have no responsibility to discover any other
qualification other than those listed in the alternate proposal; and
• Bidders are to note that the submission of an alternate proposal that will offer
monetary and/or schedule benefit is actively encouraged by BUYER.

10. Bid Validity


Bids must remain valid for a period of ninety (90) days from the date and time stated for
receipt of Bids.

11. Advance Payments


BUYER will not make any advance payments. BUYER will not be responsible for any cost
or expenses incurred by any Bidder in preparation of its Bid, whether or not that Bidder or
any Bidder is successful.

12. Currency of the Bid


Bidder shall provide a Bid in U.S. Dollars.

13. Partnerships
Bids by partnerships must provide the full names and registered addresses of all partners and
be signed by an authorized officer.

14. Signing of the Bid


Each Bid shall provide the registered address of the Bidder and be signed by an authorized
signatory.
• When requested by BUYER, satisfactory evidence must be provided of the authority
of the person signing on behalf of the Bidder.
• The name and designation(s) of each person signing must also be typed or printed
below the signature.

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Instructions to Bidders
Request For Quotation for RFQ No. PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

15. Alterations or Erasures


Any alterations or erasures in the details submitted by the Bidder shall be explained and
initialed by the Bidders authorized signatory.
Any errors or omissions in the Bid documents will be permitted to be withdrawn or modified
only with the written consent of BUYER. This consent may be withheld.

16. Language of the Bid


The Bid and any annotations or accompanying material must be in written English language.

17. Bid Rejection


BUYER reserves the right to accept or reject any Bid received after the time and date stated
for receipt of Bids in the Request for Quotation. BUYER is not required to accept the lowest
or any Bid. BUYER shall not be or be deemed to be bound until a formal Purchase Order
has been agreed and duly executed by all parties.

18. Confidentiality
All documents and information furnished to Bidder is confidential. Bidder agrees to accept
receipt of its RFQ on condition that such documents and information shall not be disclosed
or used for any purpose other than preparation of this Bid.

19. Current Workload


Bidder to identify ability to perform this work by providing a schedule of Bidders current
workload for the next two (2) years; clearly identifying the current total annual production
capacity and the committed work in man-hours.

20. Financial Stability


BUYER may require, prior to award of the Purchase Order, satisfactory evidence of the
successful Bidder’s (and any principal subcontractor’s) credit worthiness, financial
soundness, and capacity to perform the Contract. In this connection, relevant information
may include a certified copy of the latest accounts, details of comparable agreements that
were completed successfully, a banker’s reference, details of any existing third-party loans
or guarantees, and similar information.

21. Conditions and Regulations


Bidder is responsible to become familiar with and understand the Scope of the Work to be
performed including but not limited to:
• Government regulations
• Applicable tax laws
• PURCHASE ORDER TERMS and CONDITIONS
• Qualification of personnel
• Licenses
• Permits

22. Other Bidders


Bidder must not give this RFQ to any other company. BUYER will reject Bids received
from all uninvited companies.

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Instructions to Bidders
Request For Quotation for RFQ No. PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

23. Insurance
The Bidder shall provide insurance as specified in the PURCHASE ORDER TERMS and
CONDITIONS and shall submit certified evidence of this to BUYER as requested.

24. Performance Bond


Bidder may be required to provide a performance bond of 10% of the full value of the
PURCHASE ORDER and required until expiry of stipulated period of warranty. This bond
shall be issued on a reputable international bank.

25. Payment Terms


BUYER will make payment as follows:

• Eighty percent (80%) by T/T net 45 days upon receipt of goods at port of
discharge and substantiated documents

• Twenty percent (20%) by T/T net 45 days upon receipt of final approved
documentation and invoice

26. Partial Order


Partial Offer is allowed subject to BUYER’s option, BUYER reserves the right to order all
or any part of the package to Bidder without prejudice to other terms and conditions.

27. Subcontractors and Vendors


Bidder to advise BUYER the names of manufacturer for all major materials and
components. Bidder must when requested provide the names of all sub-vendors proposed
which may not be changed without prior written approval from the BUYER. All
subcontractors and sub-vendors may be subject to audit by the COMPANY and/or BUYER.

28. Inspection and Expediting


A) Bidder shall insure that the COMPANY and/or BUYER and/or BUYER’s appointed third
party inspector has full access to all manufacturing/fabrication facilities to verify schedule
progress and to inspect, test, and/or witness the test of the goods wherever they may be
located without extra charge. Such inspection shall not relieve Bidder of any obligation
and/or liability under this Purchase Order

If requested, Bidder shall make available to COMPANY and/or BUYER representatives


suitable office space and telecommunication services within the manufacturing / fabrication
facilities.

B) In accordance with Vietnamese regulations, Bidder shall obtain certification for his
supply. The selected inspection company by the Bidder shall be approved by the
certifying/governing body and shall be certified by one of the following recognized
societies:

NKK
ABS
Lloyds Register
Germanischer Lloyd
Bureau Veritas
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Instructions to Bidders
Request For Quotation for RFQ No. PTSC M&C/KNOCP-RFQ/2011-031
Fuel Gas Super Heater Package

Det Norsk Veritas

Bidder is expected to arrange contacts and inspection as deemed necessary in order to obtain
the final certification.

29. Bid Evaluation and Clarification


During the evaluation period of the submitted Bids, the BUYER has the right to contact
Bidders for clarifications and deviations. In the event that a clarification / deviation results in
a change in the Bid price, BUYER reserves the right to contact each Bidder to obtain the
same clarification.

30. Purchase Order Award


The successful Bidder will be required to enter into a formal agreement with BUYER, in
accordance with the agreed to PURCHASE ORDER TERMS and CONDITIONS.

31. Compliance with Regulations for Export


Bidder shall strictly comply with all US laws and regulations developed by the Department
of Commerce, department of State, and other regulating bodies of the U.S. Government
when goods are exported from U.S and other applicable laws and regulations of the country
where the goods are exported.

The final destination of the Goods is KNOC Booster Compressor ECIP Project, Rong Doi
Plattform, Offshore Vietnam. Bidder shall guarantee the Goods under this RFQ not to
conflict with the treaties/regulations restricting strategic export to the controlled countries in
effect in Western Countries and other rules/regulations of the countries where Bidder and its
subcontractors exist.

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Instructions to Bidders

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