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CRYSTAL THREE (L.L.

C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

1. TENDER DOCUMENTS

The Tender Documents consist of:

(a) This Invitation to Tender letter, including;

(i) Appendix A - Form of Acknowledgement;


(ii) Appendix B – Tender Submission Format
(b) Volume 1 - Instructions to Tenderer (ITT), Conditions of Contract and Schedules;

(i) Section A;
(A) Instructions to Tenderers;
(B) Appendix A - Form of Tender;
(C) Appendix B - Form of Tender Bond; and
(D) Appendix C - Returnable Tender Schedules.
(ii) Section B - Conditions of Contract, including the Contract Agreement, Particular
Conditions, General Conditions and Schedules to the General Conditions;
(c) Volume 2 – Specifications;

(d) Volume 3 - Bill of Quantities;

(A) Part 1 – General Requirements for the whole of the works & Villas
(B) Part 2 – Infrastructure and Landscape
(C) Part 3 – Provisional Sums
(e) Volume 4 – Drawings;

(f) Volume 5 – Geotechnical Report; and

(g) Volume 6 – Health, Safety and Environmental Requirements.

Addenda (if any) to the Tender Documents will be issued by the Employer to the Tenderer
before the Closing Date in accordance with clause 8 of these Instructions to Tenderers.

2. DEFINITIONS AND INTERPRETATION

2.1 Definitions

Terms used but not defined in these Tender Documents have the meaning given to those
terms in the Contract.

In the Tender Documents:

"Closing Date" means the date mentioned in the Invitation to Tender.

Instructions to Tenderers Page 1 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

"Employer" means Crystal Three (L.L.C) - FZ, a limited liability company incorporated in Dubai
and having its postal address at P.O. Box 9305, Dubai, United Arab Emirates.

"Form of Tender" means the form of tender at Appendix A to this Volume 1 - Section A
Instructions to Tendering.

"Form of Tender Bond" means the form of tender bond at Appendix B to this Volume 1 -
Section A Instructions to Tenderers.

“Letter of Award” means the letter of formal intention by the Employer for the acceptance of
the Tender including any post tender clarifications and post tender agreement between the
Employer and the successful Tenderer expressing an intention to enter into a formal Contract.

"Returnable Tender Schedules" means the schedules to be completed by the Tenderer included
in Appendix C to this Section A of Volume 1.

"Tender" means the tender to be submitted by the Tenderer on or before the Closing Date.

"Tenderer" means the party so described in the Form of Tender.

3. TENDERER’S REGISTRATION:

As a pre-requisite to participate in this Tender, the Tenderer should possess a valid license from
“Government of Dubai, Department of Economic Development”. The Tenderer shall submit a
copy of such valid license in order to collect the Tender documents and as part of Tender
submission. Companies holding free zone licenses are not eligible to participate in this Tender.

Tenders submitted by Tenderers not holding valid license as per the above requirement shall be
automatically disqualified.

4. DESCRIPTION OF THE PROJECT

4.1 Generally

The Employer aims to develop Opal Gardens, Parcel J located at District 11, Mohammed Bin
Rashid Al Maktoum City. The Project will feature well-crafted villas and townhouses
surrounded by lush landscaping and over 5 kilometres of cycling and pedestrian trails.

Upon award of the works contract the Contractor will be required to take full possession of the
site in accordance with the plan and afford the access of other contractors as required during
the contract duration.

The breakdown of the Contract Price as detailed within Volume 3 – Bill of Quantities is as
follows:

Instructions to Tenderers Page 2 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Part 1 - General Requirements for the Whole of the Works & Villas
I. General Requirements for the Whole of the Works;
II. Site Works;
III. Concrete Works;
IV. Masonry;
V. Metalwork;
VI. Woodwork;
VII. Thermal and Moisture Protection;
VIII. Doors and Windows;
IX. Finishes
X. Accessories;
XI. Equipments
XII. Furnishings;
XIII. Special Construction;
XIV. Lift and Conveyer Installations
XV. Mechanical Installations;
XVI. Electrical Installations;
XVII. External Works;

Part 2 –Infrastructure
I. Earthworks;
II. Roads & Pavings.
III. General Items;
IV. Ground Investigation;
V. Demolition & Site Clearance;
VI. Earthworks;
VII. Roads & Pavings;
VIII. DEWA – Water;
IX. DEWA – Electrical;
X. ETISALAT – Telecoms;
XI. DM – Irrigation Main Line;
XII. DM – Fire Fighting;
XIII. DM – Drainage;
XIV. DM – Sewerage;
XV. Dayworks.

Instructions to Tenderers Page 3 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Part 3 - Provisional Sums


I. Landscaping
II. Crystal Lagoon Works
III. Clubhouse
IV. Guard Houses (2 nos.)

4.2 Additional Works

The Employer may at its discretion, increase the scope of the Works for this Tender to include
other Works by issuing Addenda to the Tenderer in accordance with clause 8 of these
Instructions to Tenderers.

4.3 Health and Safety Documents

The Tenderer should note that at all times during the performance of the Works the successful
Tenderer will be required to comply with the health and safety policies, procedures and
guidelines specified in Conditions of Contract in Section B of this Volume 1 of the Tender
Documents.

4.4 Authority Specifications

a) The Tenderer should note that at all times during the performance of the Works the
successful Tenderer will be required to comply with the relevant Authority specifications
and/or standard specifications in accordance with the Specifications in Volume II of the
Tender Documents.

b) The Tenderer is responsible for obtaining the latest revision of all Authority specifications
directly from the relevant Authorities.

5. SUBMISSION OF TENDER

5.1 Submissions

a) The Tender Submission must include:

(i) a fully completed, dated and executed Form of Tender;


(ii) a fully completed, dated and executed Form of Tender Bond;
(iii) a copy of the Form of Acknowledgement and Confidentiality Undertaking to be
submitted in accordance with the Invitation to Tender letter;
(iv) all of the following information, which must be incorporated into the Returnable
Tender Schedules:
(A) Returnable Tender Schedule 1 - Tenderer's details;

Instructions to Tenderers Page 4 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

(B) Returnable Tender Schedule 2 - Contract pricing;


(C) Returnable Tender Schedule 3 - Insurance;
(D) Returnable Tender Schedule 4 - Capacity, experience, work in hand and
work completed;
(E) Returnable Tender Schedule 5 - Proposed project team and organisational
structure;
(F) Returnable Tender Schedule 6 - Programme;
(G) Returnable Tender Schedule 7 - Quality Management System Proposals;
(H) Returnable Tender Schedule 8 - Declaration;
(I) Returnable Tender Schedule 9 - Conflicts of Interest;
(J) Returnable Tender Schedule 10 - Dispute details;
(K) Returnable Tender Schedule 11 - OHS Management System;
(L) Returnable Tender Schedule 12 - Environmental Management System;
(M) Returnable Tender Schedule 13 - Proposed subcontractors and suppliers;
(N) Returnable Tender Schedule 14 - Proposed sources of naturally occurring
materials;
(O) Returnable Tender Schedule 15 - Outline statement of proposed methods;
(P) Returnable Tender Schedule 16 - Plant, equipment and facilities;
(Q) Returnable Tender Schedule 17 - Addenda;
(R) Returnable Tender Schedule 18 - Statement of support of the Sheikh
Mohammed Bin Rashid Establishment for Young Business Leaders;
b) The Tenderer must submit the Tender as prescribed in the Invitation to Tender letter.
The Tender Bond shall be submitted in original to the Employer’s office on the same day
of the Tender submission date.

5.2 Contract Pricing

a) The Tenderer should note that the Contract is split into three (3) parts and shall be
administered as follows:

Contract Project Type Method of Contract Price


Type Measurement
Part 1 General POMI Lump sum. The Price is
Requirements for subject to adjustment
the Whole of the only in accordance with
Works & Villas the Contract
Part 2 Infrastructure CESSM3 Works to be measured.
The price is subject to
adjustment only in
accordance with the

Instructions to Tenderers Page 5 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Contract.
Part 3 Provisional Sums POMI Works to be
measured/priced in
- Clubhouse
accordance with the
Parcel - J1
condition of contract.
- Guardhouse
(2No) Parcel
J1
CESSM3
- Landscaping
Parcel J1
- Crystal Lagoon
Parcel J1

b) The Tenderer must specify its price to execute the Works in the Appendix A - Form of
Tender and Returnable Tender Schedule 2.

c) All items in Volume 3 - Bill of Quantities are to be priced.

d) The Tenderer is to submit the completed Bill of Quantities with Returnable Tender
Schedule 2.

e) Where an item is not priced, it will be deemed allowed for and included in other rates or
prices contained in the Bill of Quantities.

f) Prices submitted by the Tenderer in the Bill of Quantities with Returnable Tender
Schedule 2 shall, unless otherwise stated in the Tender Documents, be fixed for the
duration of the Contract and include all overheads and profit.

g) Rates and prices submitted by the Tenderer in the Bill of Quantities will be used for the
purposes of valuing interim payments and determining rates for Variations in accordance
with General Conditions Clause 13.

h) The Tenderer must submit with Returnable Tender Schedule 2, a cash flow estimate of
the payments which it expects to become due under the Contract during each monthly
period until the Taking-Over Certificate has been issued for the whole of the Works.

5.3 Employer’s contact details for Tender queries:

Please refer to the contact details provided in the Invitation to Tender.

5.4 Execution of Tender

The Tenderer must execute its Tender by signature of one or more persons authorised by the
Tenderer to bind it in contract in accordance with the Tenderer’s articles of association. A copy
of the authorisation of the person(s) by the corporation must be submitted with the Tender.

Instructions to Tenderers Page 6 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

6. VALIDITY OF TENDER

6.1 Validity

Tenders are valid for a minimum period of 120 days from the expiration of the Closing Date.

6.2 Consideration

In consideration of the administrative time and expense to the Employer evaluating a Tender,
the Tenderer may not withdraw its offer within the nominated validity period (as specified in
Sub-Clause 6.1 above) without the express written agreement of the Employer.

7. TENDERER'S OBLIGATIONS REGARDING INFORMATION

7.1 Tenderer to inform itself fully

The Tenderer must:

a) acquaint itself with all aspects of the Tender Documents (including all documents
included or referred to in them);

b) examine all other relevant information available on reasonable enquiry;

c) visit and inspect the Site and gain an understanding of the proposed Works including:

(i) access to the Site, including changes to this access during the course of the
Project;
(ii) limitations of likely work areas at the Site, including interface with other works
and contractors;
(iii) relevant safety procedures;
(iv) traffic and rail procedures;
(v) the effects and impacts of noise and dust produced during construction activities;
(vi) Site Conditions and Site Data;
(vii) all other conditions affecting or which may affect the execution, progress or cost
of executing the Works;
d) inform and satisfy itself as to requirements of any relevant Authorities and Laws that do
or may apply to the execution of the Works; and

e) form its own assessment of the nature and extent of work required to carry out the
Works and properly account for all work in its Tender

7.2 Tenderer responsible

a) The Tender Documents do not purport to contain all relevant information in relation to
the Works and are provided solely on the basis that a Tenderer will be responsible for

Instructions to Tenderers Page 7 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

making its own assessment of the matters referred to in the Tender Documents.

b) The Employer advises the Tenderer and the Tenderer agrees to verify all relevant
representations, statements and information (including those contained or referred to in
the Tender Documents or made orally during the course of any discussions with the
Employer, its employees or agents).

No person has been authorised to make any representation or warranty in connection


with the Tender Documents and any such representation or warranty, if given or made,
should not be relied on as having been authorised by the Employer.

7.3 No warranty on accuracy of reports

In particular, the Employer has relied on the reports prepared for it by various contractors,
consultants and other parties. The Employer has not independently verified the information
contained in those reports.

The Employer and its directors, employees and agents do not make any representation or
warranty (express or implied) as to the accuracy or completeness of the information provided
to a Tenderer.

7.4 Tenderer to review risks

The Tenderer should review potential risks with its legal and financial advisers and make its own
evaluation of its Tender submission.

7.5 Tenderer to notify discrepancies

The Tenderer must notify the Employer in writing immediately of any ambiguities, errors,
omissions, discrepancies, inconsistencies, or other faults in any of the Tender Documents, with
full details of those ambiguities, errors, omissions, discrepancies, inconsistencies, or other
faults.

7.6 Tenderer to seek clarification

If a Tenderer has any doubt about the meaning of anything in the Tender Documents, the
Tenderer must either ask the Employer for clarification in writing, or, when submitting its
Tender, state the interpretation upon which the Tender is based, in case the Tenderer’s query
was not addressed before the Tender submission date.

7.7 Contact for enquiries

All enquiries in relation to this Tender (including any request for carrying out a site
investigation) must be directed to the person nominated in clause 5.3 of these Instructions to

Instructions to Tenderers Page 8 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Tenderers.

7.8 Telephone enquiries

7.9 Not Used Written enquiries

The Employer may answer any request for clarification in writing in its absolute discretion. All
tender queries shall be forwarded to the Employer minimum 7 days before closing date of the
Tender. Employer is not liable to provide clarifications to queries received after the above-
mentioned period and the Tenderer is bound to consider the effect of those queries in his
pricing. Any clarification given under this clause 7.9 may also be issued to all other Tenderers.
The Employer will not be bound by information provided to Tenderers unless the information is
in writing and signed by the person nominated in clause 5.3 of these Instructions to Tenderers.

7.10 Tenderer has no claim

By submitting a Tender the Tenderer acknowledges that it will have no claim against the
Employer on the basis that its Tender was disadvantaged by lack of information, or inability to
resolve ambiguities.

8. ADDENDA TO TENDER DOCUMENTS

8.1 Employer may issue Addenda

The Employer may, at any time up to 72 hours before the Closing Date, issue addenda to clarify
the Tender Documents or to effect a modification to the Tender Documents ("Addenda").

8.2 Addenda forms part of Tender Documents

The Employer may issue every Addendum to other Tenderers and the Addenda will form part of
the Tender Documents.

8.3 Returnable Tender Schedule - Addenda to Tender Documents

The Tenderer must complete, where appropriate, Returnable Tender Schedule 17 which
confirms that the Tenderer has allowed in the Tender for the requirements contained in all
Addenda issued to Tenderers in accordance with clause 8.1. Each Addendum is to be identified
by its number and date of issue.

9. TRADE LICENCES, PROFESSIONAL REGISTRATION AND LOCAL RESOURCES

9.1 Trade Licences and Professional Registration

In addition to Condition 3 of these Instructions (Tenderers Registration), Tenderers are


informed of the following;

Instructions to Tenderers Page 9 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

a) The Employer advises the Tenderer that the successful Tenderer will be required:
(i) at all times during the performance of the Works to be; and
(ii) ensure that any person who carries out any part of the Works is, registered and/or
licensed as required by any Law or Authority to perform the Works, including, if
applicable to the Works, all professional licences and registration necessary to
procure design and/or planning approvals and certification from any Authorities.
b) The Tenderer must submit details of the Tenderer's trade licence in Returnable Schedule
1.

9.2 Locally based resources

a) The Tenderer must have the locally based resources in Dubai, including facilities,
information technology, capability, experience, management expertise, financial
resources, equipment, staff and other facilities, necessarily required to perform the
Works in Dubai in a competent and expeditious manner in accordance with the
Conditions of Contract - Volume 1 Section B.

b) The Tenderer must submit details of its proposed resources (local and otherwise) in
Returnable Schedule 16.

10. SECURITY AND INSURANCE

10.1 Tender bond

The Tenderer shall provide a tender bond in the form set out in Appendix B to these
Instructions to Tenderers and issued by a Dubai Branch of a leading UAE bank for the value in
AED 5,000,000/- (UAE Dirhams Five Million Only).
THE TENDERER IS INFORMED THAT NON-SUBMITTAL OF THE REQUIRED TENDER BOND MAY
LEAD TO DISQUALIFICATION FROM THE TENDER.

10.2 Performance security

The successful Tenderer shall provide within 14 days from the date of Letter of Award, the
Performance Security as per Schedule 6 included in this Tender documents.

10.3 Insurance

The Tenderer will provide details of Tenderer's current or proposed insurance cover (including
details of insurer's identity, terms of cover and limit of liability) required by Clause 18 of the
Contract. Details are to be provided in the form of Returnable Tender Schedule 3.

Instructions to Tenderers Page 10 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

11. PROGRAMME

11.1 Submission of planned programme

a) The Tenderer must submit its planned programme for executing the Works with
Returnable Tender Schedule 6. The Tenderer is required to make its own detailed
assessment of the time, work methods and activities that will be required for the
successful and timely completion of the Works and must submit its Tender on the basis
of an assurance that the Works can be completed by the Time for Completion and the
Milestone Dates identified in the Contract.

b) The programme submitted by the Tenderer must be prepared in sufficient detail to


enable the Employer to adequately evaluate the Tenderers planned execution, staging
and allocation of resources for the Works.

c) The programme submitted by the Tenderer must show the dates when the milestones
identified in the Contract will be achieved. It must also include and/or be accompanied
by:

(i) a critical path analysis for the execution of the Works which must show clearly the
float times available within the programme and the earliest start/earliest finish
and latest start/latest finish times for each and every activity;
(ii) an overall s-curve based on the programme to provide a meaningful measure of
progress;
(iii) a manpower resource histogram detailing each trade for the duration of the
Works;
(iv) a schedule of all submittals of No Objections Certificates ("NOCs") and other
approvals and material procurement activities, including time for submittals, re-
submittals and reviews and time for any fabrication and delivery of manufactured
products.

11.2 Development and contents of programme for preferred Tenderer

If the Tenderer is selected as the preferred Tenderer, it will be required to further develop and
complete that programme to a standard acceptable to the Employer's Representative and for
incorporation into the Contract as the Programme.

11.3 Outline statement of proposed construction methods

The Tenderer must also submit a detailed method statement setting out how it proposes to
stage and construct the Works as specified in Returnable Tender Schedule 15.

Instructions to Tenderers Page 11 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

12. QUALITY MANAGEMENT SYSTEM

12.1 Submission of quality management system

The Tenderer must provide evidence of successful performance in quality management. The
Tenderer must submit details of the quality management system for the carrying out of the
Works ("Quality Management System") which:

a) is appropriate for the materials, fabrication, components, construction testing,


commissioning and site maintenance activities; and

b) must be specific to the Works.

(Returnable Tender Schedule 7).

12.2 Development of quality management plan by preferred Tenderer

If the Tenderer is selected as the preferred Tenderer, it will be required to further develop and
complete the Quality Management System to a standard acceptable to the Employer's
Representative and for incorporation into the Contract as the Quality Management System.

13. OHS MANAGEMENT SYSTEM

13.1 Submission of OHS management system

The Tenderer must provide evidence of successful performance in occupational health and
safety management. The Tenderer must submit details of the OHS management system for
the carrying out of the Works ("OHS Management System") which:

a) is appropriate for the materials, fabrication, components, construction, and site


maintenance activities; and

b) must be specific to the Works.

(Returnable Tender Schedule 11).

13.2 Development of OHS management plan by preferred Tenderer

If the Tenderer is selected as the preferred Tenderer, it will be required to further develop and
complete the OHS Management System to a standard acceptable to the Employer's
Representative and for incorporation into the Contract as the OHS Management System.

14. ENVIRONMENTAL MANAGEMENT SYSTEM

14.1 Submission of environmental management system

The Tenderer must provide evidence of successful performance in environmental management.

Instructions to Tenderers Page 12 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

The Tenderer must submit details of the environmental management system for the execution
of the Works ("Environmental Management System") which:

a) is appropriate for the materials, fabrication, components, construction, and site


maintenance activities; and

b) must be specific to the Works.

(Returnable Tender Schedule 12).

14.2 Development of environmental management plan by preferred Tenderer

If the Tenderer is selected as the preferred Tenderer, it will be required to further develop and
complete the Environmental Management System to a standard acceptable to the Employer's
Representative and for incorporation into the Contract as the Environmental Management
System.

15. REFERENCES

By lodging a Tender, the Tenderer agrees that the Employer or its representatives may contact
any of the Tenderer's clients listed in Returnable Tender Schedule 4 to obtain relevant
information in relation to the Tenderers capability and performance, including the performance
of proposed key personnel.

16. SITE INSPECTION

16.1 Site Inspection

If requested by the Tenderer, the Employer's Representative will arrange a Site inspection for
the Tenderer.

If the Employer's Representative arranges such a site inspection, the Tenderer will be informed
of the time and place of such inspection.

16.2 Tenderer may carry out own Site Inspection

The Tenderer:

a) may carry out its own investigation of the Site by contacting the Employer and obtaining
its prior written approval; and

b) when carrying out such Site investigation:

(i) releases the Employer from any liability in respect of:

(A) loss of or damage to any real or personal property;

Instructions to Tenderers Page 13 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

(B) personal injury, disease or illness to, or death of, any person; or
(C) financial loss or expense,
arising out of the carrying out of that Site investigation; and

(ii) must indemnify the Indemnified Parties against all damage, expense, loss or
liability of any nature suffered or incurred by the Indemnified Parties arising out of
the carrying out of that Site investigation.

17. ALTERNATIVE PROPOSALS

17.1 Alternative tender only if also conforming tender

If the Tenderer submits a conforming tender to execute the Works in accordance with the
Contract, it may also offer alternative proposals for executing the Works.

17.2 Details in alternative proposal

If the Tenderer offers an alternative proposal, the Tenderer must ensure that the alternative
proposal includes or is accompanied by sufficient detail so as to enable the Employer to:

a) assess the general acceptability of the alternative proposal; and

b) determine whether to seek additional information in order to evaluate the alternative


proposal for any benefits that it may give to the Employer.

17.3 Request for additional information

The Employer may at any time during the tender validity period request additional information
from the Tenderer in respect of any aspect of the alternative proposal and the Tenderer must
provide that additional information within one week of the Employer's request.

17.4 Discretion to not consider or accept

The Tenderer acknowledges and agrees that the Employer may, in its absolute discretion and
without giving reasons, decline to consider or, after consideration, not accept any alternative
proposal.

18. LODGEMENT OF TENDERS

18.1 Place for lodgement

The Tenderer must submit its Tender electronically using Nakheel Group iProcurement System
as detailed in the Invitation to Tender.

All information required to be submitted as part of the Tender must be submitted with the
Tender.

Instructions to Tenderers Page 14 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

18.2 Time for lodgement

Tenders may be lodged between the hours of 9.00am and 3:00pm on normal working days but
must be lodged by 3:00 pm on the Closing Date.

18.3 Correction or additional information

If a Tenderer wishes to submit a correction to its original tender or additional information


following submission of its Tender, it must submit the correction or additional information
before the Closing Date.

19. OPENING OF TENDERS AND INFORMATION CONCERNING TENDERS

A Tenderer (or its representatives) is not permitted to attend the opening of Tenders. Any
documents submitted as part of a Tender will remain the property of the Employer for the
purposes of evaluation as the Employer sees fit.

20. ACCEPTANCE OF TENDERS

20.1 No obligation to accept

The Employer is not bound to accept the lowest or any Tender.

20.2 Execution of Contract fundamental

A Tender will not be deemed to have been accepted and no contract in respect of the Works
will arise between any Tenderer and the Employer until the successful Tenderer and the
Employer sign the Contract.

20.3 Informal tenders

Subject to clause 17 of these Instructions to Tenderers, any Tender submitted must be in strict
accordance with the Tender Documents. Any tender not constituting a fully conforming tender
may be regarded by the Employer as informal and rejected.

21. NEGOTIATIONS

The Tenderer must identify in Returnable Tender Schedule 5 the individuals who will have the
responsibility and authority for contract negotiations if the Tenderer is selected as the
preferred Tenderer.

22. SELECTION OF PREFERRED TENDERER

22.1 Shortlist

Following assessment of the Tenders, one or more Tenderers whose Tender(s) is/are

Instructions to Tenderers Page 15 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

considered to best meet the assessment criteria may be shortlisted for negotiations with the
Employer.

22.2 Employer may clarify, discuss or negotiate

The Employer will, as appropriate, engage in clarification, discussions, or negotiations with any
Tenderer for the purpose of clarifying its Tender.

22.3 Simultaneous discussions

The Employer may, in its absolute discretion, conduct simultaneous discussions to clarify or
improve Tenders with more than one Tenderer.

22.4 Presentation by preferred Tenderer

The preferred Tenderer(s) may be required by the Employer to make a formal presentation of
limited duration as part of the assessment process.

23. COST OF TENDERS

The Employer is not responsible for any costs and expenses incurred by Tenderers in the
preparation and submission of Tenders including, but not limited to, any Site investigations,
attendance at meetings and providing any additional information required by the Employer,
which may or may not lead to the execution of the Contract. All such costs will be borne
entirely and exclusively by the Tenderers.

24. CONFLICTS OF INTEREST

The Tenderer must declare in its Tender any actual or potential conflicts of interest which may
arise in respect of the Project between:

a) the Tenderer and the Employer; and

b) the Employer and any subcontractor (including consultants) proposed by the Tenderer.

(Returnable Tender Schedule 9).

25. DISPUTES STATEMENT

The Tenderer must submit with its Tender a statement providing details of any current contract
dispute involving the Tenderer and any related entity of the Tenderer.

The statement must include details of any dispute which has been, or is reasonably likely to be,
referred to formal dispute proceedings (mediation or arbitration) or is the subject of litigation
in any court in the United Arab Emirates or overseas. This information must be provided

Instructions to Tenderers Page 16 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

regardless of whether such action has been instigated by the Tenderer or a client of the
Tenderer. (Returnable Tender Schedule 10)

26. CONFIDENTIALITY

26.1 Obligation to maintain confidentiality

a) These Instructions to Tenderers, and all Tender Documents, information, drawings,


specifications, technical information and other material and information, whether
written or otherwise, provided to a Tenderer (whether before or after the issue of these
Instructions to Tenderers) in respect of the Tender Documents, the Works and the
Project:

(i) remains the property of the Employer;


(ii) must not be used for any purpose other than the purpose of preparing a Tender;
(iii) subject to clause 26.2, must not be disclosed to any party other than a party who
is assisting the Tenderer in preparing its Tender (and the Tenderer shall ensure that
party's adherence to this duty of confidentiality);
(iv) must be immediately returned by any Tenderer, with a Form of Acknowledgment
that notifies the Employer that Tenderer declines the Invitation for Tender in
accordance with the Invitation to Tender letter; or
(v) must be returned by any unsuccessful Tenderer to the Employer within 7 days of
being notified by the Employer that the Tender was unsuccessful.
The Tenderer undertakes to indemnify the Employer at all times against any damages,
losses, liability, costs or expenses incurred by the Employer or for which the Employer
becomes liable in respect of any breach by the Tenderer of this clause.

26.2 Disclosure

Information disclosed to a Tenderer by the Employer pursuant to these Instructions to


Tenderers or in relation to the Tender Process may not be disclosed to any person except:

a) with the consent of the Employer;

b) if the information is, at the date of the Instructions to Tenderers, lawfully in the
possession of the recipient of the information through sources other than the party who
supplied the information;

c) if required by Law; or

d) if the information is generally and publicly available other than as a result of breach of
confidence by the person receiving the information.

Instructions to Tenderers Page 17 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

27. PROBITY OF TENDER PROCESS

A declaration in the form of Returnable Tender Schedule 8 must be made by a person


authorised to make such a declaration on behalf of the Tenderer and submitted with its Tender.

28. SUPPORT OF THE SHEIKH MOHAMMED BIN RASHID ESTABLISHMENT FOR YOUNG BUSINESS
LEADERS

In keeping with the philosophy behind the Sheikh Mohammed Bin Rashid Establishment for
Young Business Leaders ("SME") in supporting the initiatives aimed at enhancing the
capabilities and competitiveness of local entrepreneurs, the Employer shall, while considering
eligibility of Tenderers, give preference to those patronising the companies that are members
of SME, where it is commercially and technically feasible and competitive to do so. The
Tenderer shall include a signed statement with Returnable Tender Schedule 18, highlighting its
commitment to support members of the SME.

29. EXCLUSIONS AND QUALIFICATIONS

The Tender must be submitted solely on the basis of the Tender Documents and shall be free of
any exclusions and/or qualifications. If the Tender submitted contains any exclusions and/or
qualifications, the Employer at its discretion reserves the right to

(a) reject the tender; or

(b) estimate the price of the exclusions and/or qualifications at its own discretion and offer
the same to the Tenderer, and the Tenderer is bound to accept this estimated price of
exclusions and/or qualifications.

Instructions to Tenderers Page 18 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

APPENDIX A - FORM OF TENDER

[Tenderer’s Company Name]


P.O. Box [xxxxxx]
Dubai U.A.E

Dear Sirs,

Project: District 11, Mohammed Bin Rashid Al Maktoum City


Contract: Construction of Opal Gardens, Parcel J (Package J1)
Contract no.: DMS149098

FORM OF TENDER
1. We: …………………………………………………………………… (Name of Tenderer) …………………………………, the
undersigned, tender to perform the work under the Contract in accordance with the
Instructions to Tenderers on the following basis:
For the
amount of:

2. We agree to be bound by this Tender until 120 days from the expiration of the Closing Date
and that this Tender may be accepted by the Employer at any time before the expiration of
that period.
3. We acknowledge that the Tender will not be deemed to have been accepted until a Letter of
Award or a Contract has been signed by the Employer and issued to the Tenderer for
signature.
4. We understand that the Employer is not bound to accept the lowest Tender or any Tender it
may receive.
5. We warrant that in preparing our Tender we did not communicate (verbally or otherwise) or
have any arrangement or arrive at any understanding with any of the other Tenderers or with
any employee of an association of which we or any of the other Tenderers are a member
concerning the Instructions to Tenderers or any aspect of the Works and without limitation
further warrant that we did not engage in:

Instructions to Tenderers Page 19 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

5.1 any discussion or correspondence with such persons concerning the prices included in
our Tender;
5.2 any collusive tendering with any of the other Tenderers; or
5.3 any other conduct or have any other arrangement or arrive at any other
understanding with any of the other Tenderers,
which in any way reduced, or could have the effect of reducing, the competitiveness of the
Tender process for the Works.
6. Enclosed in your favour is a Tender Bond in the sum of UAE Dirhams [insert Amount] in the
form set out in the Instructions to Tenderers and issued by [insert]
7. We:
7.1 warrant that we have prepared our Tender and will enter into any contract with the
Employer based on our own investigations, interpretations, deductions, information
and determinations;
7.2 calculated our Tender price, in addition to taking into account all other obligations
under the Instructions to Tenderers, on the assumption of the risks contained and as
specified in the Contract;
7.3 obtained independent legal advice as to the effect of the provisions of the
Instructions to Tenderers and the Contract;
7.4 examined all information relevant to the risks, contingencies and other circumstances
having an effect on our Tender and which is obtainable by the making of reasonable
enquiries including (without limitation) provided documentation, the material
contained in the Instructions to Tenderers, any relevant technical advice made
available by the Employer and the terms and conditions of all Laws;
7.5 examined the Site and its surroundings, conditions and characteristics and made an
appropriate allowance in our Tender for any effect thereon;
7.6 satisfied ourselves as to the correctness and sufficiency of our Tender for the Works
and that our price covers the cost of complying with all of the Contractor's
obligations under the Contract;
7.7 did not rely on information provided, or represented to be provided, by or on behalf
of the Employer without independently verifying that information and independently
satisfying ourselves of the adequacy, accuracy and correctness of the information;
7.8 examined all Laws relevant to any part of the Works and which may restrict or inhibit
the execution of any part of the Works and satisfied ourselves of our capacity to

Instructions to Tenderers Page 20 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

execute the Works in accordance with the terms and conditions of the Contract
without breaching any such Laws;
7.9 understand that our failure to do all or any of the things we are deemed to have done
under the Contract will not relieve us of our liability to perform and complete the
Contract in accordance with its terms and conditions;
7.10 acknowledge that the Employer will be relying upon each of the promises,
representations and warranties given by us in this Tender in selecting a Tenderer to
perform the Works;
8. We acknowledge that each party constituting the Tenderer is bound jointly and severally by
this Tender.

Dated this _______________ day of _______________ 2023


Signature: _________________________ in the capacity of
_________________________ duly authorised to sign tenders for and on
behalf of _________________________
Witness _________________________ Official Stamp
_________________________
Name __________________________
Address ________________________

Instructions to Tenderers Page 21 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

APPENDIX B - FORM OF TENDER BOND

Project: District 11, Mohammed Bin Rashid Al Maktoum City


Contract: Construction of Opal Gardens, Parcel J (Package J1)
Contract no.: DMS149098

To: Crystal Three (L.L.C) - FZ (the “Beneficiary”)


P.O. Box 9305
DUBAI, UAE

To the Beneficiary,

Tenders are requested for the above-named Works in conformity with the Instructions to Tenderers
and other tender documents (the “Tender Documents”).

Our Client [ ] (the “Tenderer”) has submitted or shall be submitting a tender for the
Works (“Tender”).

NOW BY THIS LETTER, the undersigned Bank (the “Bank”) binds itself, its successors and assignees,
unconditionally and irrevocably for the payment to the Beneficiary of the sum of UAE Dirhams
__________________ (Dhs _______________________________).

THE CONDITIONS of the above obligation are:

A. That it shall remain in full force and effect until the later of:

(i) 120 days after: the date of expiration of the time for Tender submission as set forth in
the Instructions to Tenderers or 120 days after any extended time for Tender submission
as may be granted; or

(ii) in the event a Letter of Award or Contract is issued to the Tenderer, the date upon which
the Tenderer provides a Performance Security to the Beneficiary or a related entity of the
Beneficiary in accordance with the terms of Letter of Award or Contract to be issued by

Instructions to Tenderers Page 22 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

the Beneficiary or a related entity of the Beneficiary, and until signing of the Contract by
the Employer.

B. Subject to this guarantee being in full force and effect, the Bank shall pay the Beneficiary,
without the necessity of instituting any proceeding whether judicial or otherwise and at any time,
any amount up to the amount specified above upon the written request of the Beneficiary
stating that:

(i) the Tenderer has failed to keep his Tender valid and unaltered during the validity of this
guarantee; or
(ii) the Tenderer has failed to provide a Performance Security to the Beneficiary or a related
entity of the Beneficiary in accordance with the terms of the Letter of Award or Contract
issued by the Beneficiary or a related entity of the Beneficiary, or has failed to sign the
Letter of Award or the Contract.

C. No amendment or alteration to the terms of the Tender Documents, nor any forbearance in
respect of any matter or thing set out in or concerning the Tender Documents on the part of the
Beneficiary or a related entity of the Beneficiary nor any objection from the Tenderer shall in any
way release the Bank from any liability under this guarantee.

This guarantee is governed by the laws applicable in Dubai (excluding the laws of the DIFC) and is
subject to the exclusive jurisdiction of the Dubai Courts (excluding the DIFC Courts).

Signed on behalf of the Bank

By _________________________

Bank's Seal

________________________ Date : __________________

Instructions to Tenderers Page 23 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

APPENDIX C - RETURNABLE TENDER SCHEDULES

Instructions to Tenderers Page 24 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 1 - Tenderer's Details

TENDERER'S DETAILS
1. Company Name:
2. Company Address:
A. Contact Details
3. Tel No.: 4. Fax No.:
5. Email: 6. Contact Name:

B. Registration Details
1. Type of Company: i.e. Limited Liability,
Partnership, Private Company, Joint
REGISTRATION

Venture, etc.
2. Trade License Number: Expiry Date:
1. 4.
3. Trade License Activities 2. 5.
3. 6.
1. 4.
4. Name of sponsor(s) or local partner(s) 2. 5.
3. 6.
5. Proportion of local ownership ______________%
C. Company Status
i.e. Independent or subsidiary/affiliate of
parent organisation
D. Company Age Total years in operation:_____________ Total years operated in Dubai ____________
Completion Date/Anticipated
E. Similar Projects Value (AED) Consultant Client
Date
1.
2.
EXPERIENCE

3.
4.
5.
6.
7.
8.
9.
10.
Name of Auditor Are Audit Reports available?
Revenue (AED) Net Profit (AED)
F. Audited Turnover (company) (YES/NO)
FINANCIAL
STANDING

Year 1
Year 2
Year 3
Year 4
Year 5
G. Company Premises Head Office Labour Camp Yard Other Premises
1. Location
2. Size (sq.ft.)
3. Owned/Leased
4. Holding capacity of Staff/Labour (Nr.)

Committed on other Committed on other


H. Manpower Resources Available for this Project Total organisation manpower
Projects in UAE Projects outside UAE
1. Nr. Labourers
2. Nr. Skilled Trade/Operatives
3. Nr. Management Staff
Please list below Major Plant & Equipment owned by the company. We understand the list may not be a full list but it should be an indicative
J. Major Plant & Equipment
summary of the company's major plant items.
RESOURCES

Description Capacity Year Make Number Description Capacity Year Make Number
1 16
2 17
3 18
4 19
5 20
6 21
7 22
8 23
9 24
10 25
11 26
12 27
13 28
14 29
15 30

Instructions to Tenderers Page 25 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 2 - Contract Pricing


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to submit its price for carrying out the Works. The Tenderer is to complete Tender
Document Volume 3 - Bill of Quantities and attach and submit it with this Returnable Tender
Schedule 2.
The Tenderer must also submit with this Returnable Tender Schedule 2, a cash flow estimate of the
payments which it expects to become due under the Contract during each monthly period until the
Taking-Over Certificate has been issued for the whole of the Works.)

Instructions to Tenderers Page 26 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 3 - Insurance


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to provide details of insurance policies required under Clause 18 and Schedule 14 of
the Conditions of Contract - Volume 1 Section B. Tenderers are advised that the Employer may
request copies of the Tenderers insurance policies wording and any endorsements during the Tender
review and negotiations, including amounts of any deductibles and all exclusions.)
1. Workers Compensation Insurance:
Name of Insurer:
Policy No:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
2. Contractor’s Plant and Equipment Insurance:
Name of Insurer:
Policy No:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
3. Contractor’s Motor Vehicle:
Name of Insurer:
Policy No:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
4. Professional Indemnity:
Name of Insurer:
Policy No:

Instructions to Tenderers Page 27 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:

Instructions to Tenderers Page 28 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 4 - Capacity, Experience, Work In Hand And Work Completed
Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must provide details of the Tenderer's capacity to execute the Works, including:
1. details of current and previous experience on projects similar to the Project;
2. details of challenges faced on current and previous projects similar to the Project;
3. contact details of current and previous client references; and
4. details of capacity to execute future projects.)

Instructions to Tenderers Page 29 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 5 - Proposed Project Team and Organisational Structure


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must include with this Schedule:


1. the key personnel that the Tenderer proposes to assign to the execution of the Works;
2. the qualifications and relevant experience of each of the key personnel that the Tenderer
proposes to assign to the execution of the Works, including a CV/resume for each of the key
personnel;
3. the proposed organisational structure for the carrying out the Works; and
4. the individuals who will have the responsibility and authority for contract negotiations.)
Key Personnel
No. Position Description Name
1
2
3
4
5
6
7
8
9
10

Personnel with responsibility and authority to conduct contract negotiations if Tenderer is selected as
preferred Tenderer:
___________________________________________________________________________________
___________________________________________________________________________________
_____________________________________________________

Instructions to Tenderers Page 30 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 6 - Programme


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must submit a programme that complies with clause 10 of these Instructions to
Tenderers and the requirements of the Conditions of Contract)

Instructions to Tenderers Page 31 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 7 - Quality Management System Proposals


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must submit the following or other quality management information.)
1. Quality management manual
(An outline of the quality management policy intended to be employed by the Tenderer.)
2. Organisational structure
(A chart indicating personnel with responsibility for quality matters within the Tenderer's
organisation.)
3. Outline quality plan
(An outline of the project quality plan demonstrating the approach to be taken to quality
matters during the execution of the Works.
The quality plan must:
3.1 be appropriate to the design (if any), materials, fabrication, components,
construction and site maintenance activities;
3.2 be specific to the Works.)
4. Integration
(An outline of how the quality management system is integrated with the OHS management
system and the environmental management system.)

Instructions to Tenderers Page 32 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 8 - Declaration


Contract Number: DMS 149098
Name of Tenderer:
Signed:

I, ……………………………………………………………… do solemnly and sincerely declare that:


Definitions
1. In this Declaration:
"Bidders" means tenderers for the Works and includes the Tenderer;
"the Contract" means the Contract that the Tender to which this Declaration is annexed
pertains;
"Industry Association" means any organisation of which Bidders are members;
"the Tenderer" means [insert name]; and
"Tender Price" means the amount indicated by a Bidder as the lowest amount for which that
Bidder is prepared to perform the Contract.
2. Introduction
2.1 I hold the position of [insert title] of the Tenderer and am duly authorised by the
Tenderer to make this declaration on its behalf.
2.2 I make this declaration on behalf of the Tenderer and on behalf of myself.
3. No knowledge of Tender Prices
Before the Tenderer submitting its Tender for the Contract, neither the Tenderer, nor any of
its employees or agents, had knowledge of the Tender Price or proposed Tender Price of any
other Bidder who submitted, or of any person, company, other body corporate or firm that
proposed to submit, a Tender for the Contract.
4. Disclosure of Tender Price
Before close of Tenders for the Contract, neither the Tenderer, nor any of its employees or
agents, disclosed the Tenderer's Tender Price to:
4.1 any other Bidder who submitted a Tender for the Agreement;
4.2 any person, company, other body corporate or firm proposing to submit a Tender for
the Contract; or
4.3 any person or organisation connected or associated with a Bidder, person, company,
other body corporate or firm of a kind referred to in sub-clauses 4.1 or 4.2.

Instructions to Tenderers Page 33 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

5. Provision of Information
Neither the Tenderer, nor any of its employees or agents, has provided information to:
5.1 any other Bidder who has submitted a Tender for the Contract;
5.2 any person, company, other body corporate or firm proposing to submit a Tender for
the Contract; or
5.3 any other person, company, other body corporate or firm for the purpose of assisting
in the preparation of a Tender for the Contract.
6. Genuine Competition
The Tenderer is genuinely competing for the Contract.
7. Industry Association Contracts
Neither the Tenderer, nor any of its employees or agents, has entered into any contract,
agreement, arrangement or understanding, other than as disclosed to the Employer in the
Tenderer's Tender, that the successful Bidder for the Contract will pay any money to, or
provide any other benefit or other financial advantage to, an industry association in respect
of the Contract.
8. Unsuccessful Tenderer's Fees
Neither the Tenderer, nor any of its employees or agents, has entered into any contract,
agreement, arrangement or understanding that the successful Bidder for the Contract will
pay any money to, or provide any other benefit or other financial advantage to, any other
Bidder who unsuccessfully tendered for the Contract.
9. Qualifications to Tenders
Neither the Tenderer, nor any of its employees or agents, has entered into any contract,
agreement, arrangement or understanding that Bidders for the Contract would include an
identical or similar condition or qualification in their Tenders for the Contract.
I acknowledge that this declaration is true and correct and I make it in the belief that a person making
a false declaration is liable to penalties.
DECLARED at [place] on [date] before me: )
)
............................................................ )
Signature of authorised witness )
)
............................................................ )
Name of authorised witness )
(block letters) )

Instructions to Tenderers Page 34 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

)
............................................................ )
Address of authorised witness )
)
............................................................ )
*Witnesses Occupation ) ............................................................
) Signature of declarant

Instructions to Tenderers Page 35 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 9 - Conflicts of Interest


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must declare any actual or potential conflicts of interest which may arise in respect of
the Project:)

Instructions to Tenderers Page 36 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 10 - Dispute Details


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must submit a statement below providing details of any current and past (within last 5
years) contract dispute involving the Tenderer.)

(The Tenderer must also submit a statement below providing details of major claims over the
last five (5) years involving the Tenderer.)

Instructions to Tenderers Page 37 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 11 - OHS management system


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer to provide the following details of its OHS Management System)
No Question Yes No
1 OHS Policy and Management
1.1 Is there a written company health and safety policy?

If yes provide a copy of policy

Comments:
1.2 Does the company have an OHS Management System certified by a recognised
independent authority?

If Yes provide details


1.3 Is there a company OHS Management System Plan?

If yes provide a copy of Plan

Comments:
1.4 Are health and safety responsibilities clearly identified for all levels of staff?

If Yes provide details:

2 Safe Work Practices and Procedures


2.1 Has the company prepared safe operating procedures or specific safety instructions
relevant to its operations?

If yes, provide a summary listing of procedures or instructions

Comments:

Instructions to Tenderers Page 38 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

2.2 Does the company have any permit to work systems?

If Yes, provide a summary listing or permits:

2.3 Is there a documented incident investigation procedure?

If Yes provide a copy of a standard incident report form

2.4 Are there procedures for maintaining, inspecting and assessing the hazards of plant
operated/owned by the company?

If Yes, provide details:

2.5 Are there procedures for storing and handling hazardous substances?

If Yes, provide details:

2.6 Are there procedures for identifying, assessing and controlling manual handling risks?

If Yes, provide details:

3 OHS Training
3.1 Describe how health and safety training is conducted in your company:

3.2 Is a record maintained of all training and induction programs undertaken for
employees in your company?

If Yes, provide examples of safety training records


4 Health and Safety Workplace Inspection
4.1 Are regular health and safety inspections at worksites undertaken?

If Yes, provide details:

4.2 Are standard workplace inspection checklists used to conduct health and safety

Instructions to Tenderers Page 39 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

inspections?

If Yes, provide details or examples:


4.3 Is there a procedure by which employees can report hazards at workplaces?

If Yes, provide details:

5 Health and Safety Consultation


5.1 Is there a workplace health and safety committee?

5.2 Are employees involved in decision making over OHS matters?

If Yes, please provide details:


5.3 Are there employee elected health and safety representatives?

Comments:

6 OHS Performance Monitoring


6.1 Is there a system for recording and analysing health and safety performance
statistics?

If Yes provide details:

6.2 Are employees regularly provided with information on company health and safety
performance?

If Yes, provide details:

6.3 Has the company ever been convicted of an occupational health and safety offence?

If Yes, provide details:

7 Company References

Instructions to Tenderers Page 40 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

7.1 Please provide the following information for the three (3) most recent contracts completed by the
company:
Contract 1 Contract 2 Contract 3

Client Contact Phone No


Number of lost time injuries
Number of person days on contract
Total days lost due to injuries

Instructions to Tenderers Page 41 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 12 - Environmental Management System


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to provide the following details of its Environmental Management Systems)
No Question Yes No
1 EMS Policy and Management
1.1 Is there a written company environmental management policy?

If yes provide a copy of policy


Comments:

1.2 Does the company have an EMS Management System certified by a recognised
independent authority?

If Yes provide details

1.3 Is there a company EMS Management System Plan?

If yes provide a copy of Plan


Comments:

1.4 Are environmental management responsibilities clearly identified for all levels of
staff?

If Yes provide details:

2 Work Practices and Procedures


2.1 Has the company prepared operating procedures or specific instructions
relevant to its operations and EMS?

If yes, provide a summary listing of procedures or instructions


Comments:

Instructions to Tenderers Page 42 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

2.2 Is there a documented incident investigation procedure?

If Yes provide a copy of a standard incident report form

2.3 Are there procedures for maintaining, inspecting and assessing the
environmental hazards of plant operated/owned by the company?

If Yes, provide details:

2.4 Are there procedures for storing and handling hazardous substances?

If Yes, provide details:

3 EMS Training
3.1 Describe how environmental management training is conducted in your company:

3.2 Is a record maintained of all training and induction programs undertaken for
employees in your company?

If Yes, provide examples of safety training records

4 Environmental Management Workplace Inspection


4.1 Are regular environmental management inspections at worksites undertaken?

If Yes, provide details:

4.2 Are standard workplace inspection checklists used to conduct environmental


management inspections?

If Yes, provide details or examples:

4.3 Is there a procedure by which employees can report hazards at workplaces?

If Yes, provide details:

Instructions to Tenderers Page 43 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

5 Environmental management Consultation


5.1 Is there a workplace environmental management committee?

5.2 Are employees involved in decision making over EMS matters?

If Yes, please provide details:

5.3 Are there employee elected environmental management representatives?

Comments:

6 EMS Performance Monitoring


6.1 Is there a system for recording and analysing environmental management
performance statistics?

If Yes provide details:

6.2 Are employees regularly provided with information on company environmental


management performance?

If Yes, provide details:

6.3 Has the company ever been convicted of an environmental offence?

If Yes, provide details:

7 Company References
7.1 Please provide the following information for the three (3) most recent contracts completed by
the company:
Contract 1 Contract 2 Contract 3

Client Contact Phone No

Instructions to Tenderers Page 44 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Number of lost time injuries


Number of person days on contract
Total days lost due to injuries

Instructions to Tenderers Page 45 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 13 - Proposed subcontractors and suppliers


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to provide details of its subcontractors and suppliers it proposes to use on the
Project, including:
 Companies names; and
 Particulars of the work which the Tenderer proposes will be undertaken by them.)

Instructions to Tenderers Page 46 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 14 - Proposed sources of naturally occurring materials


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to provide details of its proposed sources of naturally occurring materials, including
aggregates)

Instructions to Tenderers Page 47 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 15 - Outline statement of proposed methods


Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer is to provide a detailed method statement setting out how:


- it proposes to stage and construct the Works;
- a description of how the Tenderer proposes to obtain all requisite design and construction
NOC’s for the relevant Authorities prior to commencement of the Works onsite;
- a statement describing its methodology for coordinating with Authorities and complying
with respective timescales for advance notification to enable Works to commence on site in
accordance with the programme to be submitted by the Tenderer with Returnable Tender
Schedule 6.);
- It proposes to implement Traffic Management.)

Instructions to Tenderers Page 48 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 16 - Plant, equipment and facilities


Contract Number: DMS 149098
Name of Tenderer:
Signed:

1. Plant and Equipment


(The Tenderer is to provide a list of the major items of plant or equipment to be used with the
following information:
- Numbers;
- Types; and
- Capacities

2. Labour Accommodation Facilities


(The Tenderer is to provide details of its present arrangements and commitments and/or proposed
arrangements in relation to housing and accommodation for all of its staff and labour associated with
the Project)

3. Other locally based facilities


(The Tenderer is to provide details of its locally based resources, including office facilities, information
technology, management expertise, financial resources and other facilities.)

Instructions to Tenderers Page 49 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 17 - Addenda to Tender Documents


Contract Number: DMS 149098
Name of Tenderer:
Signed:

We acknowledge receipt of the following Addenda, the terms of which are incorporated in the
Tender:
Number Dated

Instructions to Tenderers Page 50 of 51


CRYSTAL THREE (L.L.C) - FZ
Project: District 11, Mohammed Bin Rashid Al Maktoum City
Tender: Construction of Opal Gardens, Parcel J (Package J1)
Tender no.: DMS149098

Returnable Tender Schedule 18 - Statement of support of the Sheikh Mohammed Bin Rashid
Establishment for Young Business Leaders
Contract Number: DMS 149098
Name of Tenderer:
Signed:

(The Tenderer must include a signed statement highlighting its commitment to support members of
Sheikh Mohammed Bin Rashid Establishment for Young Business Leaders.)

Instructions to Tenderers Page 51 of 51

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