instructions to the bidders...manpower services for offshore & onshore production facilities...

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20 Instructions to Bidders Page 1 of 15 Instructions to Bidders for Manpower Services for Offshore & Onshore Production Facilities Aramco Gulf Operations Company Limited (“AGOC”) and Kuwait Gulf Oil Company (K.S.C.) ("KGOC"), jointly operating at and from Al-Khafji, Saudi Arabia, for oil and gas exploration, development and production in the offshore area of the divided ex-Neutral Zone between Saudi Arabia and Kuwait ("Al-Khafji Joint Operations") hereby call for tenders of performance of the captioned work, and request each intending bidder to make his proposal in strict compliance with the following instructions: 1. Eligibility of Bidder 1.1 The bidder must be a commercial entity organized and existing under the laws of Saudi Arabia or Kuwait, and registered at the Chamber of Commerce of either country, or a Saudi or Kuwait national with an establishment on his name, qualified to undertake commercial transactions under the laws of his country, and registered at the Chamber of Commerce there. 1.2 The bidder must qualify to lawfully undertake the services required under the intended contract ("Contract") on his account at the time of bidding and throughout the duration of the Contract. The bidder must also have sufficient experiences in satisfactory prosecution of services similar to those required under this Tender. 1.3 The bidder shall have the financial, technical and administrative resources and capabilities sufficient to satisfactorily and timely commence, carry out and complete the entire services under the Contract by himself. The bidder shall also have such experiences as being active for at least five (5) years in the field of Supplementary Manpower Services, including undertaking of at least one (1) project for Maintenance and Cleaning Services similar to those contemplated under this tender, which shall not be less than US$ 2,000,000.00 in value. 2. Tender Documents 2.1 For this Tender, the following documents are issued: (a) Instructions to Bidders (this document) with the Price Proposal Form (Bid Form 1) and the Qualification Proposal Form (Bid Forms 2 to 8). (b) Form of Agreement with its Schedules, namely: Schedule A General Terms and Conditions Schedule B Scope of Service Schedule D Safety, Health and Environmental Requirements

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Page 1: Instructions to the Bidders...Manpower Services for Offshore & Onshore Production Facilities Aramco Gulf Operations Company Limited (“AGOC”) and Kuwait Gulf Oil Company (K.S.C.)

Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 1 of 15

Instructions to Bidders

for

Manpower Services for Offshore & Onshore Production Facilities

Aramco Gulf Operations Company Limited (“AGOC”) and Kuwait Gulf Oil Company (K.S.C.) ("KGOC"), jointly operating at and from Al-Khafji, Saudi Arabia, for oil and gas exploration, development and production in the offshore area of the divided ex-Neutral Zone between Saudi Arabia and Kuwait ("Al-Khafji Joint Operations") hereby call for tenders of performance of the captioned work, and request each intending bidder to make his proposal in strict compliance with the following instructions:

1. Eligibility of Bidder 1.1 The bidder must be a commercial entity organized and existing under the

laws of Saudi Arabia or Kuwait, and registered at the Chamber of Commerce of either country, or a Saudi or Kuwait national with an establishment on his name, qualified to undertake commercial transactions under the laws of his country, and registered at the Chamber of Commerce there.

1.2 The bidder must qualify to lawfully undertake the services required under the intended contract ("Contract") on his account at the time of bidding and throughout the duration of the Contract. The bidder must also have sufficient experiences in satisfactory prosecution of services similar to those required under this Tender.

1.3 The bidder shall have the financial, technical and administrative resources

and capabilities sufficient to satisfactorily and timely commence, carry out and complete the entire services under the Contract by himself.

The bidder shall also have such experiences as being active for at least

five (5) years in the field of Supplementary Manpower Services, including undertaking of at least one (1) project for Maintenance and Cleaning Services similar to those contemplated under this tender, which shall not be less than US$ 2,000,000.00 in value.

2. Tender Documents

2.1 For this Tender, the following documents are issued:

(a) Instructions to Bidders (this document) with the Price Proposal Form (Bid Form 1) and the Qualification Proposal Form (Bid Forms 2 to 8).

(b) Form of Agreement with its Schedules, namely:

Schedule A General Terms and Conditions Schedule B Scope of Service

Schedule D Safety, Health and Environmental Requirements

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 2 of 15

Schedule E Settlement of Disputes, Arbitration and Choice of Law

Schedule F Taxes, Duties and Related Obligations

(c) Samples of bank guarantees (Bid Bond, Mobilization Bond and Performance Bond) and Undertaking on Conflict of Interest.

2.2 The bidder shall carefully study and fully understand the intents and

contents of the above listed documents, particularly the terms and conditions of the Contract, no provisions of which shall be negotiable by the bidder, and, in making the proposal for this Tender, the bidder shall refer only to the above listed documents.

Misinterpretation of or deviation from the intents and contents of the above listed documents or reference to any other sources of information and data on the part of the bidder shall in no event be entertained.

2.3 The bidder shall not disclose or divulge any part of the said documents or any information or data contained therein to any third party. Should the bidder, for preparing his proposal hereunder, need to disclose such documents, information or data to third party(ies) including his associates and subsidiaries and the intended subcontractors, he shall give AGOC/KGOC a prior written notice specifying the party(ies) to whom such disclosure will be made and the documents, information and data to be disclosed, for AGOC/KGOC's approval.

3. Prerequisite Conditions 3.1 Knowledge of the Circumstances

The bidder shall, in the course of preparation of his proposal, examine and familiarize himself with the nature of the work required of him to carry out under the Contract, the location and peculiarities of the place of such work including the relevant facilities, utilities, and equipment of AGOC/KGOC, the general and particular characters, qualities and quantities of equipment, tools, materials, supplies, facilities, utilities, vehicles, personnel and labor required preliminary to and during prosecution of the said work, and all other matters which could affect such work under the Contract.

The bidder shall also fully study, examine and be familiar with all laws and

regulations including the ministerial orders, regulations and decrees applicable under the jurisdiction of Saudi Arabia and Kuwait and any other countries which will be the sources of any of his provisions required to perform the Contract.

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 3 of 15

Note: Should the bidder wish to inspect AGOC/KGOC's relevant facilities, utilities and equipment, he is required to contact Manager, Contracts Department of Al-Khafji Joint Operations in Al-Khafji, submitting the names and nationalities of the persons who will conduct such inspection together with the photocopies of their Iqamas or passports with valid visa necessary for such inspection.

Failure by the bidder to have familiarized himself with the above said matters or to have reasonably discovered any matters which affect the contemplated services shall be entirely his responsibility and any request for compensation in this regard shall not be entertained.

3.2 Pre-Tender Meeting

In order to assist prospective Bidders in preparation of their proposals, the following procedure shall be followed after the issue of the complete set of tender documents:

3.2.1 The bidder can attend a Pre-Tender Meeting (Optional) for this Tender to be held KJO Office Park Auditorium, at 10:00 a.m. local

time on Monday 01/02/2021 in order to:

- review and explain the nature and scope of the services, - ensure that all Bidders have received the tender documents, - review all tender documents, - answer Bidders’ questions

- review and explain the nature and scope of the works and

services, - ensure that all bidders have received the Instructions to Bidders

(ITB) documents, - review all ITB documents, - answer bidders’ questions, and - discuss details of the Site Visit

3.2.1

3.2.3 The bidder is requested to contact Manager, Contracts Department of Al-Khafji Joint Operations to arrange for the bidder's Pre-Tender Meeting submitting the names and nationalities of the persons who will attend the required Pre-Tender Meeting together with photocopies of their Iqamas or passport with valid visas not later than one (1) week before the above stated meeting schedule. Each bidder can depute maximum two (2) persons, and it would be essential that such persons or consultants as those who will eventually execute the services be deputed for the Pre-Tender Meeting.

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 4 of 15

All the costs and expenses associated with the required Pre-Tender Meeting shall be borne by the bidder and all necessary arrangements for his visit to AGOC/KGOC including those for transportation, accommodation and acquisition of visas shall be made by the bidder. (Transportation to and within AGOC/KGOC offshore facilities (if required) will be provided by AGOC/KGOC.)

4. Proposal to be made 4.1 General

4.1.1 The proposal, which the bidder shall prepare and submit for this Tender, shall consist of the Price Proposal and the Qualification Proposal, which shall be accompanied by a) the original bank guarantee (Bid Bond) as mentioned in item 4.4 hereof, b) the original receipt issued by AGOC/KGOC against the bidder’s purchase of the Tender documents for this Tender.

4.1.2 The bidder shall make the proposal of the above contents in

duplicate (2 copies), in clear English language and typewritten, complete and accurate in every part.

The proposal as such shall not contain any reservations, alternatives or variations except when such is expressly required or allowed hereunder.

4.1.3 Any bidder's proposal shall be disregarded or any bidder shall be

disqualified under the following circumstances;

- Bidder’s Qualification proposal contain any information of commercial nature or Bid Prices.

- The proposal is incomplete for failing to cover any items

required to be submitted under this Tender which are specifically itemized in Appendix I to Instructions to Bidders.

- The proposal is illegible for any reason or inaccurate of its

meanings, or

- The proposal contains any reservation, alternative or variation except when expressly so required or allowed hereunder.

4.1.4 It is advisable for the bidder to check his submission by

referring to Appendix I to Instructions to Bidders "List of Submissions" to avoid submitting an incomplete, insufficient or inadmissible proposal.

4.2 Price Proposal

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 5 of 15

4.2.1 The bidder shall make his Price Proposal in the attached Price

Proposal Form (Bid Form 1) signed by his authorized representative and dated with the date of submitting his proposal, with the bidder’s name typewritten and the bidder’s official seal or stamp affixed to it. A Price Proposal made in a different form shall in no event be considered.

4.2.2 All the rates. to be quoted by the bidder shall be expressed only in

United States Dollars. A Price Proposal containing rates expressed only in other currencies or both in US Dollars and in other currencies shall in no event be considered.

Each rate shall be written both in numerals and in words, and in

case of any discrepancy between the numerals and the words, the amount written in words shall prevail. Discrepancies in multiplication of numbers and daily rates shall be resolved in favor of daily rates. Errors in addition shall be corrected by AGOC/KGOC. Corrected total amounts shall be considered as the bid price.

4.2.3 The Bidder shall make sure that the rates as quoted in his Price

Proposal shall be inclusive of and cover any and all costs and expenses to be incurred by him, when awarded the Contract, for and in regard to the Contract, particularly for delivery and completion of the works and services under the Contract at AGOC/KGOC's designated places such as, but not limited to, costs and expenses for supervision, labor, equipment, materials, supplies, consumables, services, visas and permits, mobilization and demobilization, overheads, profit, insurance premiums, Ramadan premiums, provisions for risks and contingencies including risks of fluctuations of any costs and currencies values, Zakat, withholding tax, income tax, custom duties and any other taxes and imposts to be levied and payable on account of the Contract, except for value added tax (VAT). If applicable, VAT rate and corresponding VAT amount should be indicated separately in the Price Proposal.

4.2.4 In connection with the foregoing item 4.2.3, the bidder shall particularly take into account the following requirements:

Costs and expenses for provision of the equipment, tools, vehicles, materials, goods, supplies, consumables and any other things to be required for prosecution of or incorporation into the works and services under the Contract shall be calculated on the basis of delivery of these items at the site(s) of such works and services in

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Instructions to Bidders Page 6 of 15

Al-Khafji, Saudi Arabia, ready for their intended use. Accordingly, these costs and expenses shall be inclusive of, among others, customs duties that may be levied by the Saudi Arabian taxation authorities in respect of such things to be imported from outside Saudi Arabia and shall be paid by the Contractor, at his own cost, when so levied.

4.2.5 The bidder shall also take into account that all the rates quoted in his Price Proposal shall be fixed throughout the duration of the Contract and that no adjustment to such rates shall be accepted by AGOC/KGOC, except when otherwise provided for in the Contract.

AGOC/KGOC shall not be liable to pay any extra money other than that expressly rendered payable or reimbursable by AGOC/KGOC pursuant to the relevant provisions of the Contract.

4.2.6 The Price Proposal submitted by the successful bidder on Bid Form

1 shall make the Schedule C, “Consideration” and its Attachments of the Contract, when awarded to him.

4.2.7 In connection with the Zakat and Tax liability of the Contractor in

respect of AGOC/KGOC payments under the Contract, including for VAT, the bidder shall specifically note and understand the provisions set out in Article 5 of the Form of Agreement and Articles 3 and 4 of Schedule F.

The tax rates may vary from time to time by the enactment of relevant tax laws.

4.3 Qualification Proposal

The bidder shall make his Qualification Proposal of the contents as set out in items 4.3.1 through 4.3.10 hereof. Each document which constitutes the bidder's Qualification Proposal as such shall be signed by his authorized representative, who shall be the same as the signatory of his Price Proposal, dated with the date of submitting his proposal, with the bidder's name typewritten and the bidder's official seal or stamp affixed to it.

Bidders are advised that notwithstanding the submission of their

Qualification Proposal as part of their bids, the successful bidder shall be required, post Contract, to submit any other submittals as may be stipulated in the Contract documents. Submittals made as part of a bid shall not be accepted as submittals for the purpose of satisfying the requirements of the Contract, unless otherwise specified.

4.3.1 Corporate Registration, etc.

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Instructions to Bidders Page 7 of 15

The bidder shall submit a certified copy of his current corporate registration together other documentary evidences, as properly certified, to demonstrate his legal status. No specific form is provided for this purpose.

The bidder shall also submit a copy of his current registration at the Chamber of Commerce as required in 1.1 hereof. The Bidder shall submit a copy of his VAT registration certificate, if applicable.

4.3.2 Representation on Financial Capability The bidder shall submit his representation on financial capability duly signed as per the Qualification Proposal Form (Bid Form 2) attached hereto.

4.3.3 General Information

The bidder shall submit, in the attached Qualification Proposal Form (Bid Form 3), the general information of the bidder such as Commercial Registration Number, Chamber of Commerce Number, as well as the breakdown of his shareholders showing their nationalities and the percentage of the shares or interests held by each of them.

4.3.4 General Organization for Social Insurance (GOSI) Certificate

The Bidder shall submit a certificate issued by the appropriate insurance office evidencing that his firm has been registered with the Organization and that he has discharged all his obligations towards the Organization or otherwise that he is not subject to the provisions of this Law.

4.3.5 Acknowledgement of Mobilization The bidder shall prepare and submit, in the attached Qualification Proposal Form (Bid Form 4), the acknowledgement of mobilization by which the bidder is required to make a representation that he shall complete the mobilization within a period of time not exceeding sixty (60) days from the date of acceptance of the award of the Contract. The acknowledgment of requirements for the Mobilization submitted by the successful bidder, when he is awarded the Contract, shall make a part of Schedule R of the Contract.

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Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 8 of 15

4.3.6 Record of Experiences The bidder shall submit in the attached Qualification Proposal Form (Bid Form 5), a record of his experience. Such record shall cover the past five (05) years in the field of similar services, and shall include these experiences as required in item 1.3 hereof for works and services similar to those contemplated under this Tender. Such record of experiences shall include the following information:

a. Client name, address, and principal contact.

b. Title of project with brief description of scope of service.

c. Value of project in United States Dollars (for the bidder’s part of the service).

d. Start and finish dates of projects

e. Number of personnel on each project. The bidder shall also submit evidence of one (1) similar contract in size and scope, and to prove the experience copies of Contracts including scope of work and completion certificates from the previous client shall be attached.

4.3.7 Organization Chart and Copy of Block Visa The bidder should submit evidence that the concerned government authority has granted him approval for recruitment of the total number of expatriate personnel required under the Contract (Copy of block visa). Also, the bidder shall submit an organization chart for each Service Category and an overall organization chart for the Service. In this regard, the successful bidder shall take note that it is required of him, when awarded the Contract, to show AGOC/KGOC the original of Iqamas and any qualification certificates of personnel to be assigned by him under the Contract, well in advance of the date upon which the service will commence. The above documents submitted by the successful bidder, when he is awarded the Contract, shall make a part of Schedule R of the Contract.

4.3.8 Contractor’s Minimum Offer for Vehicles

The bidder shall submit, in the attached Qualification Proposal Form (Bid Form 6), his minimum offer for the vehicle by which the bidder

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Instructions to Bidders Page 9 of 15

is required to make a representation that he shall provide all the vehicles as required in the intended Contract. The bidder shall attach description of that vehicle including their models and manufacturers, quantity, age, quality, specifications and any other relevant information, together with the manufacturer's catalogues and/or other relevant technical information. The List of vehicles submitted by the successful bidder, when he is awarded the Contract, shall make a part of Schedule R of the Contract.

4.3.9 List of Key Personnel

The bidder shall submit, in the attached Qualification Proposal Form (Bid Form 7), the list of key personnel whom the bidder intends to assign for the performance of the works and services contemplated under this Tender, provided that the bidder’s proposal as such shall meet the minimum requirements set out in Schedule B. The bidder shall attach to this list, curricula vitae for all such key personnel. The curricula vitae shall include, without limitation, names, nationalities, dates of birth, qualifications and work experiences, and shall be accompanied by certificates of degrees or diplomas for such personnel. The Company reserves the right to demand submission of authenticated documents of these documents if it deems fit or necessary. In this regard, the successful bidder shall take note that it is required of him, when awarded the Contract, to show AGOC/KGOC the original of Iqamas and the foregoing certificates of such personnel to be assigned by him under the Contract, well in advance of the date upon which the work will commence.

4.3.9 Declaration

The bidder shall prepare and submit, in the attached Qualification Proposal Form (Bid Form 8), the declaration by which the bidder is required to make a representation that he acknowledges and understands the tender and that if awarded the Contract he shall carry out the Contract in accordance with its terms and conditions.

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Instructions to Bidders Page 10 of 15

4.3.10 Ethics Compliance

All bidders and their employees shall comply with the requirements of laws, rules and regulations establishing ethical standards for the conduct of business in the Kingdom of Saudi Arabia, and all the rules and regulations specific to AGOC/KGOC. In signing the proposal, the bidder certifies full compliance with those provisions for any present or future dealings, transactions, sales, contracts, services, offers, relationships, etc., involving AGOC/KGOC and/or its employees. Failure to comply with those provisions may result in disqualification from the solicitation process, termination of Contract, and/or other civil or criminal proceedings as required by law.

The bidder shall make an undertaking on conflict of interest on the

bidder’s official letter head in accordance with the sample undertaking attached herewith. Such undertaking submitted by the successful bidder shall make the Schedule K of the Contract, when awarded to him.

4.4 Bank Guarantee

4.4.1 The bidder shall obtain and submit an irrevocable bank guarantee

("Bid Bond") in the amount of United States Dollars (US$ 200,000.00). The Bid Bond shall be issued by a bank licensed and operating in Saudi Arabia or Kuwait or an international bank having a branch in Saudi Arabia or Kuwait and kept valid for one hundred twenty (120) days counting from the closing date of this Tender to the effect that the issuing bank shall at any time while the Bid Bond is so kept valid and upon AGOC/KGOC's written request, pay to AGOC/KGOC an aggregate amount of money not more than the above said amount unconditionally and irrespective of any contestation on the part of the bidder, and provided that the Bid Bond, once issued, shall not be withdrawn, canceled or in any way modified without AGOC/KGOC's written consent.

4.4.2 The Bid Bond shall be made out in the issuing bank's own official

letter form for such purpose and the Sample of Bank Guarantee (Bid Bond) attached hereto is for reference purpose only. However, a bank guarantee failing to set out the conditions specified in the said Sample of Bank Guarantee may lead to disqualification of the bidder.

Important Note: The Bid Bond shall be made in the name of

Aramco Gulf Operations Company Limited and/or Kuwait Gulf Oil Company (K.S.C.) as per the attached sample; not in the name of Al-Khafji Joint Operations.

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Instructions to Bidders Page 11 of 15

4.4.3 The Bid Bond is intended to warrant the bidder's proposal

submitted to AGOC/KGOC, and should the bidder withdraw or cancel his proposal for this Tender, either in whole or in part, after its submission to AGOC/KGOC or should the successful bidder refuse to enter into the Contract with AGOC/KGOC after AGOC/KGOC's decision to award the Contract to him, AGOC/KGOC shall confiscate the full amount of the Bid Bond and the bidder shall forfeit any right to claim for the money paid to AGOC/KGOC through the Bid Bond.

4.4.4 Upon award of the Contract to the successful bidder, AGOC/KGOC

shall return the Bid Bonds to the unsuccessful bidders without delay. The successful bidder shall keep the Bid Bond valid until execution of the Contract and his submission of another bank guarantee as mentioned in item 4.4.5 here below.

4.4.5 The bidder shall take note that upon execution of the Contract, the

successful bidder is required to furnish AGOC/KGOC with another bank guarantee in assurance of the timely completion of the mobilization and commencement of the services contemplated under the Contract pursuant to Sub-Article 6.1 of the Form of Agreement ("Mobilization Bond"), and after commencement of the services, the Mobilization Bond shall be replaced with another bank guarantee to assure the proper performance of the Contract and the services there under ("Performance Bond") pursuant to Sub-Article 6.2 of the Form of Agreement.

The Mobilization Bond and the Performance Bond shall be made

out in the issuing bank's own official letter form for such purpose, and the Samples of Bank Guarantees (Mobilization Bond and Performance Bond) attached hereto are for reference purpose only.

5. Submission of Proposal

For submission of his proposal, the bidder shall put his: a) Price Proposal in a package and mark the package as “Package A –

Price Proposal”, and b) Qualification Proposal (2 copies) together with (i) the original bank

guarantee (Bid Bond), (ii) the original receipt issued by AGOC/KGOC against the purchase of the Tender documents for this Tender in another package and mark the package as “Package B – Qualification Proposal”,

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Instructions to Bidders Page 12 of 15

Both packages shall also have marked on them “Attention Manager Contracts Department, Al-Khafji Joint Operations” the tender number, tender title, bid submittal date and bidders name and firmly seal each of these two packages with stamped red wax.

Any bidder's proposal shall be rejected or any bidder shall be disqualified, if the proposal fails to cover any items required to be submitted under this Tender which are specifically itemized in Appendix I to Instructions to Bidders.

The bidder shall arrange the so prepared packages to be hand delivered to Tender Box No 1 at the Contracts Department of Al-Khafji Joint Operations in Al-Khafji, not later than 14:00 hours on XXXXX XX XXXXX 2020(local time), which is the closing date of this Tender. AGOC/KGOC will not consider any proposal brought to it after such date and time. Notwithstanding the above, the bidder who has neither an agent nor a partner in Saudi Arabia may, at his sole risk, send the so prepared packages by registered mail or courier service addressed to: Manager, Contracts Department Al-Khafji Joint Operations P.O.Box 256 Al-Khafji, 31971 Saudi Arabia Tel: +966 13 765 5140 Fax: +966 13 765 5148 to be received by the said closing date and time. AGOC/KGOC will not consider any proposal that has failed to reach AGOC/KGOC at all or by such date and time as stated here above, for whatsoever reasons.

6. Validity and Irrevocability of Proposal

The bidder shall, in submitting his proposal which shall be made pursuant to the instructions set out in this document, render his proposal valid in its entirety for one hundred twenty (120) days counting from the said closing date of this Tender, and keep his proposal as such, once submitted, irrevocable throughout the said period of validity of his proposal. It is reiterated that should the bidder withdraw or cancel his submitted proposal, he shall forfeit any right to claim for the money to be paid to AGOC/KGOC by the bank having issued the Bid Bond. Once submitted, the proposal shall in no event be revised, modified, altered or supplemented by any means and for any reasons including mere typographical errors, errors in cost calculation or risk computation, and misinterpretation of the terms and conditions of the Contract or other conditions of this Tender.

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Instructions to Bidders Page 13 of 15

7. AGOC/KGOC's Discretion on Award of the Contract

7.1 The bidder shall understand that AGOC/KGOC will decide on award of the Contract at its discretion, while the price quoted by each bidder is not necessarily decisive for AGOC/KGOC to select the successful bidder.

AGOC/KGOC may decide not to award the Contract to any bidder at all, or may even suspend or cancel this Tender without bearing any obligations to the bidder, and no acts of AGOC/KGOC before making a decision on award of the Contract shall constitute any commitment by AGOC/KGOC to award or not to award the Contract to any particular bidder.

No bidder shall have the right or be allowed to make any claim to AGOC/KGOC in regard to AGOC/KGOC's decision on award for any reason, and AGOC/KGOC shall never be obligated to explain to any bidder the reason of his being not awarded the Contract or AGOC/KGOC's evaluation of any proposal or decision on award.

AGOC/KGOC reserves the right to reject any or all proposals submitted for any reason. AGOC/KGOC is under no obligation to award to a bidder the business which is the subject of this Tender. A bidder's failure to conform to any requirement, specification or condition expressed or implied by this document is not waived by AGOC/KGOC if such bidder's proposal is accepted.

7.2 The Contract to be awarded to and made with the successful bidder shall be written in exactly the same language as that of the Form of Agreement and its Schedules (except for typographical errors), no provisions of which shall be negotiable by the bidder in the course of this Tender or even after AGOC/KGOC's decision to award the Contract to him.

7.3 Upon the decision of award of the Contract to a bidder (“the successful

bidder”), AGOC/KGOC shall send the successful bidder a Letter of Intent to enter into the Contract. By the successful bidder’s counter signature of the Letter of Intent for acceptance, it shall be deemed that the Contract is entered into by and between AGOC/KGOC and such successful bidder, to be further substantiated by way of the parties signing the formal Contract.

7.4 After award of the Contract, if it turns out that the bidder has

misrepresented / cancelled any requirement under the laws and regulations of Saudi Arabia &/or Kuwait, which is mandatory at the time of bidding and during performance of the Contract and which prevents the bidder from commencing or continuing the services contemplated under this Tender in accordance with the requirements specified herein,

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AGOC/KGOC may terminate the Contract forthwith by giving a written notice of termination and shall confiscate the full amount of the bank guarantee available with AGOC/KGOC and the bidder shall forfeit any right to claim for the money paid to AGOC/KGOC through such bank guarantee.

8. Costs and Expenses for this Tender

All the costs and expenses incurred by the bidder on account of or in connection with this Tender shall be solely for the bidder's account, and AGOC/KGOC shall in no event accept any claim by or involving the bidder for such costs, expenses, or loss or damage, whether direct or indirect or consequential, which may arise or result from or in connection with this Tender.

9. Use of Bidder’s Proposal and Accompanying Material

All proposals and associated materials submitted by the bidder shall become the property of AGOC/KGOC and may be evaluated by any employee or agent of AGOC/KGOC. All proprietary information provided by the bidder will be treated as confidential by AGOC/KGOC. All proprietary information provided by AGOC/KGOC shall be treated as confidential by the bidder.

10. Not used 11. Inquiry on this Tender

All inquiries from the bidders in regard to this Tender must be received no later than fifteen (15) calendar days prior to the closing date of this Tender. The bidder shall always make his inquiries, if any, in writing, and address the same to:

Division Administrator, Procurement & Tendering Contracts Department Al-Khafji Joint Operations P.O.Box 256, Al-Khafji, 31971 Saudi Arabia Facsimile: 03-765-5148

AGOC/KGOC may communicate any bidder’s inquiries and AGOC/KGOC’s response to such inquiries to the other bidders, when necessary, at AGOC/KGOC’s sole judgment. No inquiries of whatsoever nature in regard to this Tender shall be accepted by AGOC/KGOC after the closing date of inquiries.

Page 15: Instructions to the Bidders...Manpower Services for Offshore & Onshore Production Facilities Aramco Gulf Operations Company Limited (“AGOC”) and Kuwait Gulf Oil Company (K.S.C.)

Manpower Services for Offshore & Onshore Production Facilities Tender No. HT691ON20

Instructions to Bidders Page 15 of 15

*********************************** Attachments: - Appendix I to Instructions to Bidders "List of Submissions" - Bid Forms 1 to 8 - Sample Undertaking on Conflict of Interest - Sample of Bank Guarantees (Bid Bond, Mobilization Bond and Performance

Bond)