18/11/2000



Tender Documents

Table of Contents

Subject No of Pages

Part-1

Instruction to Tenderers 02-05

Tender General Conditions 06-12

Letter of Acknowledgement 13-14

Form of Tender 15-17

Form of Tender Bond 18-19

Part-2

Form of Agreement 21-26

Scope of Supply and Work (SOS&W), Tech. Aspects, 27-30

Drawings– if any

Form of Bill of Quantity for the material 31-32

Form of BreakDown of Prices 33-34

Form of Performance Bond 35-36

Form of Down Payment 37-38

Form of Qualitfications and Exceptions 39-40

General Conditions of Contract (GCOC) 41-53

Instructions to Tenderers

1.Documents Provided for Tender Purpose

1.1 The documents specifically provided for the purpose of tendering (herein after called “the tender documents”) comprise of the followings.

Part-1

Instruction to Tenderers

Tender General Conditions

Letter of Acknowleggement

Form of Tender

Form of Tender Bond

Part-2

Form of Agreement

Scope of Supply & Work (SOS&W), Tech. Aspects, Drawings– if any

Form of Bill of Quantity for the materials

Form of BreakDown of Prices

Form of Performance Bond

Form of Advance/Down Payment Guarantee

Form of Qualifications and Exceptions

General Conditions of Contract

2. Submission of Tender

2.1 The tenderer/bidder must adhere to the conditions stated in the tender documents, and write the total prices on the “Tender Form” and form of schedule of prices duly filled on their company’s letter head in accordance with the provisions of these documents. Any tender offer that does not comply with these provisions shall be considered null and void.

2.2 Should there be any comments, qualifications, reservations or amendments, alterations to specifications or conditions they must be stated in a separate letter attached to this tender offer and indicated on the enclosed tender offer.

2.3 Tender offer must be submitted in (3) three separate wax-sealed envelopes with the information fill out on the sticker provided together with the tender document for each envelope as mentioned in bellow:

a) Tender Bond Envelope

b) Technical Bid Envelope (submitted in original plus two additional copies)

c) Commercial Bid Envelope (submitted in original plus two additional copies)

The envelope (a) and (b) should have no bearing of prices anywhere. The three (3) separate envelopes must be placed into an outer sealed envelope clearly marked on the cover the Number of Tender, Name of Tenderer, Submission Date, Closing Date of tender and the Title of Tender .

2.4 Alternate Options: The Tenderer may submit alternative tender offer in addition to the original tender offer and should the tender documents so stipulate and if the tenderer deems it to be in the interest of the scope of supply and the installation work or project financially or technically or with respect to completion period or for any other consideration.

These alternate tender offer(s) will be presented in separate envelopes in the same manner as the original tender offer(s (enabling a comprehensive evaluation of the Tender. and should be clearly marked as alternate tender offer A, alternate tender offer B etc.

2.5 Tenderer/bidder must include the following in duly filled in their offer:

a. The time for implementation & completion of the services shall be clearly stated with dates in detail.

b. Each page of tender documents shall be initialed by the principal duly authorized to represent and bind the tenderer/bidder and stamped by the tenderer/bidder as token of their acceptance.

c. The tenderer/bidder should express that he has no objection to enter into a final contract/agreement based substantially upon the content form of agreement, tender general conditions and general conditions of contract described in this tender document of this tender.

d. Unit prices Schedule

e. Tenderer/Bidder shall submit copy of Annual Accounts duly audited by professional certified accountants for three years preceding.

3.Filling of tender formats/Corrections & Adjustment of Errors

3.1 No erasing, alteration or additions shall be made by tenderer/bidder to the tender Document's formats (other than filling in blanks where intended for that purpose),unless such alteration is made in accordance with an addendum issued as hereinafter described.

3.2 Should there be any erasure or scratching out on the Tender, it must be signed and stamped by the tenderer .

3.3 Prices and their particulars must be typed or written in ink and should not be written in pencil. All pages of the Tender, especially those containing the total prices and their term must have the stamp of the company/ establishment, affixed to them.

3.4 The tenderer/bidder shall submit his tender in Qatari Riyals or US Dollars. The related breakdown of the lump-sum price and all other monetary statements in connection with the tender are to be in Qatari Riyals or in US Dollars .

3.5 The name of the responsible person signing must be typed or printed below signature. The official stamp of the tenderer/bidder must be fixed.

3.6 In case of any differences, ambiguity or discrepancy between the original and other copies of the tender offer/bid, the original documents shall prevail,

4. All questions/query or requests for clarifications pertaining to commercial, contractual or technical matters of this tender prior to submission of duly completed tender offer shall be addressed to address as per 4 below in writing , quoting tender number and title.

4.1 Tendered’s query shall reach to folllowing address at 7 (Seven) days before closure date. Queries raised therafter may be ignored.

.2 Tender Offer duly sealed should be returned /addressed to:

The Chairman of Tender & Procurement Committee

Qatar National Cement Co. (Q.S.C)

P.O.Box 1333, Doha, State of Qatar

Tele (0974) 4693 800, Fax (0974) 4693 900

And to be handed over to:

The General Secretary’s Tender & mittee Office

Located : Cement Factory No.2 @ Umm-Bab, State of Qatar

Tele. No. 00479 447128800

Extension Number:328

Closing Date: Tuesday, December 25 ,2012 @ 12 Noon

The tender offer must be handed over to the Tender and procurement Committee’s General Secretary before being deposited in the respective tender box in the same time. The Tender and Procurement Committee General Secretary will issue a tender offer receipt against each received tender offer, indicating the hour and date of receipt.

Tender General Conditions

Validity of Tender

1.1 Tenders must remain valid for the acceptance for a period of 90 days commencement from the day following of closing date of this tender.

2. Tender Bond

2.1 Tender Bond shall be enclosed with the tender offer in the form of bank guarantee issued by one of the first class reputable bank operating in the State of Qatar acceptable by the QNCC/Buyer amounting of QAR 50 000 00 (Qatari Riyals) or equivalent to the same amount in US Dollars. It must be unconditional and valid for (120) days commencing from the date following of closing date. The tender and procurement committee reserves the right to exclude any tender offer which does not include the required tender bond.

2.2 Upon the receipt of the 10% bank letter of guarantee/performance bond from the successful tenderer/bidder’s the tender bond should be returned to unsuccessful tenderer(s)/bidder(s). Successful tenderer/bidder’s tender bond would be returned after the receipt of bid/performance bond by the QNCC/Buyer from the successful tenderer/bidder before signing the contract.

2.3 The tenderer/bidder may not withdraw his tender or amend his bid after the closing date of tender .In the event of his withdrawal of his tender , his tender bond would stand forfeited.

3. Expenses of Tendering

3.1 The QNCC/Buyer will neither be responsible for any expenses nor losses which may be incurred by any tenderer/bidder either in the preparation of his tender offer or in any way whatsoever arising out of the invitation and elaboration of offer for the required consultancy services subject to this tender.

4. Acceptance or Rejection of Tender

4.1 The QNCC/Buyer has the right to cancel the tender without giving any reason/s and/or award it on partial basis. The tenderer/bidder is expected and deemed to have agreed to implement part of tender at the same prices as offered.

4.2 The QNCC/Buyer is not committed to accept any tender offer with the least price.

4.3 The QNCC/Buyer has the right to exclude tender offer(s) who are not conforming to conditions of this tender and/or tender offers that are submitted after the closing date and/or submitted without tender bond.

5. Each tenderer/bidder must demonstrate, that he and his employees had previously implemented/supplied other similar materials/services/works, together with evidence that these materials/services/works have continued to be successfully operative for a period of time.

6. Performance Bond

Successful tenderer/Copntractor will be required to submit bank performance bond as per the format provided in the tender document amounting to 10% (ten percent) of the total lump sum contract price, issued by a first class reputable bank operating in State of Qatar and acceptable to QNCC. The performance bond shall become effective before signing the contract and it validity period should be cover the defect liability of 12 (Twelve) months, plus 45 days which is covering any default due to engineering, design, instalation work, quality failure appear in the receipt materials or any contractual obligations implication during such period. If the QNCC/Buyer shall consider forfeiting the bond or guarantee he shall forthwith do notify the Contractor specifying such default/failure.

7. Applicable Law

All disputes shall be as per applicable Qatari Laws.

Tenderer/Bidder shall be fully conversant with the laws, regulations and practices prevailing in State of Qatar.

8. Brief Meaning

8.1 Tenderer or Bidder means any legal entity who has collected the tender documents and is in agreement with the conditions of tender documents and is abiding by them & is quoting /bidding in accordance with them and incase of award of this tender then the successful tenderer/bidder shall be called the Contractor or Supplier in the Contract as the second party.

8.2 The QNCC or Buyer means Qatar National Cement Company Q.S.C. Located at P.O. Box 1333, Doha, State of Qatar.

8.4 Variation orders means an appendix or appendices to these conditions of the contract which specify any amendments including variations to any part of this contract which may be mutually agreed upon between the parties after the signing of this contract.

8.5 Integral Conditions to Contract means the scope of supply and work(SOS &W.), Tender General Conditions, technical specifications and any annexes, appendices , drawings and schedules annexed thereto, if any or subsequently issued.

8.6 Contract means the agreement between the QNCC/Buyer and the succesful Tenderer/ Bidder/Contractor for the supply of the materials and erection works including the form of agreement, the General Conditions of Contract in this tender document.

8.7 Tenderer/Bidder requirements for execution of the Design, Manufacturing, Supply of the Materials including the erection works @ Ummbab site, State of Qatar means required engineer(s)/expert(s), tools, equipments, drawings, testing and survey, investigation required and items used by Contractor in discharge of their duties/ obligations under the conserning contract.

8. Insurance means the necessary insurance policies should be issued by the Contractor/Supplier, covering Contractor/Supplier personnel on duty in Qatar during the contract duration period.

9. Drawings & Documentations means all drawings, information and documentation specified in the contract and all other documents as are required to be submitted by the company to the Contractor/Supplier for the material should be supplied and completion the erection works under the contract.

8.10 Sub-Contractor/Supplier means any person/s (Other than the Contractor/Supplier) named in the Contract for execution of any part of the materials/services/works or any person to whom any part of the Contract has been sub-let with the written consent of the QNCC/Buyer.

9.Examination of Tender Documents/Site Conditions /Site Visit

9.1 Tenderer/bidder are advised to examine and thoroughly acquaint themselves with the contents of the tender documents and take all further steps necessary to ascertain for themselves , entirely at their own expense, any additional information necessary for submitting a tender offer for the supply of the material including erection at site.

9.2 Submission of tender offer/bid shall be deemed to indicate that Tenderer/Bidder has satisfied himself regarding and undertakes to accept and comply with all the obligations, liabilities, responsibilities and risks imposed upon him by these tender documents. Submission of tender shall deemed to indicate that tenderer/bidder has made himself acquainted & satisfied himself with the prevailing site conditions, circumstances , laws in order to discharge his responsibilities/ obligation under these tender documents.

9.3 Tenderer/bidder at their own expense shall visit the site and obtain by themselves all information which may be deemed necessary to enable them to submit a fully comprehensive and sufficient tender offer.

9.4 No claim whatsoever will be entertained araising out of Tenderer/Bidder’s failure to study local conditions, laws,duties,and taxes as well as specifications, drawings, existing facilities etc or to obtain reliable information in respect of project or otherwise.

9.5 The attention of the Tenderer/Bidder is drawn to the fact that the tender offer has to be on fixed price basis with no provision for price variations for labor, materials, currency variation, taxes and duties which may arise during the duration of the Contract.

10. Correspondence/Notices would be done by Tenderer/Bidder(s) on the address of the company stipulated elsewhere giving Tender Number,Title of Tender. All Invoices /notices should mention the Tender Number, Title of Tender.

The QNCC/Buyer shall issue/send correspondence/notices to the Representative of Contractor/Supplier as provided on the contract.

The QNCC/Buyer and Tenderer/Bidder shall immediately notify each other of incase of any change in such address for any reason whatsoever.

11. Tenderer/Bidder shall submit with his tender offer a comprehensive bar chart indicating and distinguishing between the time for prepartion, engineering, amending, manufacturing, supply of the required mill body liners to the plant site then mobilization, execution & completion of complete erection works at the site Cement Plant-II at Umm-Bab, State of Qatar. Tenderer/Bidder time schedule shall be subdivided in various sub activities.Time schedule will become part of Contract. Tenderer/Bidder should propose his shortest possible delivery and completion time for the required materials including the erection works at the site of Cement Plant-2.

11.1 Tenderer/Bidder shall submit followings with his tender documents:

11.2 Organiztion chart , Indicating the name of companies and organizations which shall or may become responsible for the major activities. Site Organiztion chart indicating the number of personnel to be timely employed on site.

11.3 Lay out and site installation camp including list of major equipment for the execution of the erection works for the supplied materials.

11.4 Detailed diagram for training of QNCC/Buyer’s personnel, if any.(Not applicable)

11.5 Tenderer/Bidder shall propose and implement the periodical progress report and site meetings.

12. Contract

12.1 Successful Tenderer/Bidder would enter in a contract with the QNCC/Buyer outlining the conditions as enumerated in tender documents and with the Contract fixed lump sum price and additional conditions as agreed by either party to Contract.

12.2 The Contract will be drawn up in two originals duly signed by authorized signatories and stamped by official seal of either party to Contract. The QNCC/Buyer and the Contractor/Supplier would each receive one copy of contract.

12.3 The Contract shall be binding on the successor/s in the event of change in Ownership of either party.

13. Assignment and Sub-Contractor/Supplier

The Contractor/Supplier shall execute the Contract himself and he shall not assign it in whole or in part or sub-let it wholly or partially without the prior written consent of the QNCC/Buyer.If permitted by the QNCC/Buyer to assign the whole contract or part there of, the Contractor/Supplier shall guarantee the proper execution of the contractual obligations by the assignee. The Contractor/Supplier and the assignee shall be jointly responsible on sub-letting.The Contractor/Supplier shall be responsible for the acts, defaults and neglects of any sub-contractor/supplier , their agents, servants or workman as fully as if the were the acts, defaults or neglects of the Contractor/Supplier, his agents, servants or workman.

14. Payment Terms & Currency

The payment of Contract Price shall be settled as per the payment terms mentioned in the General Conditions of Contract Section-6 in this tender document.

15. Mistakes & Errors

15.1 Tenderer/Bidder shall be responsible for any discrepancies, errors or omissions in the drawings and information supplied by him, whether they have been approved by the QNCC/Buyer or not.

15.2 Tenderer/Bidder, however, shall be responsible for any misunderstanding or incorrect information obtained by him.

15.3 Tenderer/Bidder shall at his own expense carry out any alterations or remedial work necessitated by reason of such discrepancies, errors or omissions for which he is responsible and modify the drawings and information accordingly, or it the same be done by or on behalf of the QNCC/Buyer shall bear all costs reasonably incurred therein. The performance of his obligations under this clause shall be in full satisfaction of the discrepancies, errors or omissions.

16. Settlements of Disputes

16.1 In case of any dispute arising between the Contractor/Supplier and the QNCC/Buyer, the two parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 90 (Ninety) days of its arising the same then shall be referred to Qatari Competent Laws.

16.2 No Question, dispute or indifference arising between the Contractor/Supplier and the QNCC/Buyer under the Contract shall be referred to the Qatari Court(s) unless they have failed to settle the same amicably within a period of 90 (Ninety).

16.3 Performance of the Contract shall Continue during judicial proceedings unless the QNCC/Buyer shall order the suspension thereof, and if any such suspension shall be ordered the reasonable expenses of the Contractor/Supplier occasioned by such suspension shall be included in the total lump sum price of the Contract if the Court(s) do decide. No payment due payable by the QNCC/Buyer shall be withheld on account of pending reference to the Court(s).

LETTER OF ACKNOWLEDGEMENT

(on the letter head of Tenderer/Bidder)

Date: …………………

Ref. No.: …………………………….

To: The Chairman/Deputy Chairman of Tender and Procurement Committee

Qatar National Cement Company, (Q.S.C.)

P.O.Box; 1333

Doha, State of Qatar

Tender Ref. No.: …………………………

Subject: ………………………………………………………………………………………

Dear Sir(s),

We hereby acknowledge acceptance of all terms and conditions set forth in this tender document.

We undertake that we will pay the tender fee before the submission of our tender offer on the due date of this tender.

……………………………………..

Tenderer/Bidder’s Name

Name:

Stamp/Seal:

Title:

FORM OF TENDER

(on letter head of bidders)

Qatar National Cement Co., (Q.S.C) Date ……………..

P.O Box 1333,

Doha, State of Qatar

Attention : Chairman of Tender & Procurement Committee

Subject: General Tender /2012

Gentlemen,

Having examined the Tender Documents and having inspected the site and fully acquainted ourselves to the characteristics of the site, environment theron, responsibilites of the project, We undertake to execute and provide “Engineering, Manufacturing, Supply and Erection of Mill Body Liners @ Line 2, Umm-Bab”, as defined in the Scope of Supply and Work, Technical Aspects & Drawings subject to the Terms and Conditions and other “Tender Documents“ studied/accepted and signed by us for total Lump sum and fixed Contract price of QAR/USD……………………………..

( ).

We hereby acknowledge the receipt of following addenda (if any).

Reference Number of Addenda Date

…………………………………….. ……..……

…………………………………….. …………..

…………………………………….. …………..

We, hereby undertake that our “Tender Document” are complete in all respects and that any item not expressly stated in tender documents but necessary for the proper delivery of the required materials, execution and completion of the erection works at site has been included. We, hereby, undertake that if our tender offer/bid is accepted , we shall start/proceed for the supply & delivery of the materials and execute the erection work for the supplied materials in terms of “Tender Documents“ immediately upon the receipt of notice to proceed by Qatar National Cement Company, QNCC/Buyer.

We, hereby, undertake that if our tender offer/bid is accepted, we shall provide Performance Bond of 10% value of contract price, as stipulated in “Tender Document“ within Twenty (20) in case of Tenderer/Bidder outside of Qatar or 10 (Ten) days of awarding letter from yourselves, if tenderer/bidder inside Qatar,.

We, further agree that you are “Not” committed to accept any tender Offer with least price.

We further confirm that we shall abide by our tender offer for 90 days commencement from date following the closing date of the said tender and it shall remain bindng upon us and may be accepted at any time before the expiry of that period.

We enclose herewith the following documents

a) Bank Tender Bond No…………… of QR/USD .………. in favor of QNCC/Buyer and valid for 120 days until …../……/2012;

b) Latest Financial Report of the Company;

c) Others ………………….please specify

d) …………………………………………...

Company Name: ……………………………

Address: ……………………………

Tel. & Fax: ……………………………

Represented by: ……………………………

In the capacity: ……………………………

Duly authorized to sign on behalf of the Contractor/Supplier.

Signature ……………………………

Witness by ……………………………

In the capacity of ……………………………

Address ……………………………

Signature ……………………………

Date ……………………………

Company Seal ……………………………

Form of Tender Bond

ON THE LETTER HEAD OF BANK

Qatar National Cement Co., (Q.S.C.)

P.O Box 1333,

Doha, State of Qatar

Subject: Tender Bond for General Tender (12/2012)

Greetings,

We are pleased to advise you that we hereby guarantee M/S…………………… with an amount of ………………. to enable them to bid for the General Tender No.12/2012 …………….. in the event of M/S……………………, withdrawing their tender offer before the expiry of this guarantee or failing to submit the Performance Bond, within ………………..( ) days from the date of being notified to provide such Bond which ever date comes earlier, we hereby undertake to pay the aforementioned amount of ……………….. in cash to Qatar National Cement Company upon their first demand & not withstanding any contestation by M/S. ……………………...

Knowing that the validity of this guarantee is 120 (One Hundred Twenty) days. Commencing from the date following the closing date of the Tender.

We undertake to extend the validity of this tender bond upon your first demand & notwithstanding any contestants from the Tenderer/Bidder.

Bank’s Signature & Stamp

Part – 2

Subject No. of Pages

Form of Agreement 21-26

Scope of Supply and Work (SOS&W), Tech. Aspects, 27-30

Drawings– if any

Form of Bill of Quantity for the material 31-32

Form of BreakDown of Prices 33-34

Form of Performance Bond 35-36

Form of Down Payment 37-38

Form of Qualitfications and Exceptions 39-40

General Conditions of Contract (GCOC) 41-53

| | |FORM OF AGREEMENT |

|صيغة الاتفاق | | |

| | | |

|تم إبرام هذا الاتفاق في يوم ............. 2012م فيما بين: | |The Agreement has been made on this………………....., 2012, by and between: |

| | | |

|شركة قطر الوطنية لصناعة الأسمنت (ش0م0ق) | |QATAR NATIONAL CEMENT COMPANY, (Q.S.C.) |

| | | |

|ص 0 ب : 1333 الدوحة - قطر | | |

|وتسمى فيما بعد "المشتري" الطرف الأول | |P.O. BOX: 1333 DOHA, QATAR hereinafter called the “Buyer” |

| | |as the First Party |

|و | | |

| | |And |

| | | |

| | | |

|الســــــادة/ ........................... | |M/S. ………………………………... |

| | |P.O.BOX: … Hereinafter called the |

|ص0ب:.......وتسمى فيما بعد "المورد أوالمقاول" طرف ثان | |“Supplier or Contractor” as the Second Party |

| | | |

|لما كان | |WHEREAS |

| | | |

|"المقاول" يرغب في تزويد"المشتري" ببلاطات البطانة جسم /الهيكل المعدني | |The “CONTRACTOR” is willing to provide “Buyer” Engineering, |

|الداخلي لمطحنة المواد الخام العمودية العاملة بمصنع الأسمنت الثاني | |Manufacturing, Supply and Erection of Body Liners for vertical Raw Mill |

|الكائن: بأم باب – دولة قطر، بموجب المناقصة العامة رقم 12/2012م المعلن| |in Line 2 @ Umm-Bab, and announed by the “Buyer” general tender No.12 |

|عنها من قبل "المشتري" موضوع هذا العقد والمتضمن كل ما هو ضروري للتنفيذ | |/2012, and subject to this Contract and shall include everything |

|وإكمال التسليم للمواد بما في ذلك الأعمال الهندسية والتصنيع مع التركيب| |necessary for the performance & complete it whether specifically |

|في الموقع سواء كانت محددة أو غير محددة بالعقد ، وبحسب الشروط والآحكام | |mentioned or not in the Contract and as per the following agreed terms |

|المتفق عليها ، وذلك كما هو مذكور هنا فيما يلي:- | |and conditions mentioned thereinafter. |

| | | |

| | | |

| | | |

| | | |

|فقد تم الاتفاق على ما يلي : | |NOW THIS AGREEMENT PROVIDES AS FOLLOWS: |

|في هذا الاتفاق فإن الكلمات والعبارات يكون لها نفس المعاني المخصصة لها | |In this agreement words and expressions shall have the same meanings as |

|في شروط العقد حسبما سيرد فيما بعد 0 | |are respectively assigned to them in the Conditions of Contract |

| | |hereinafter referred to |

|إن المستندات التالية فقط ، وجداولها الملحقة أو أية ملحقات أخرى - إن | |The following documents only- if any, shall together constitute the |

|وجدت ، تشكل معا" العقد بين "المشتري" و"المقاول"، وتفسر نصوص العقد | |Contract between the “Buyer” and the "CONTRACTOR" and the terms of the |

|الواردة في هذه المستندات كما يلي : | |"CONTRACTOR" shall in all such documents be constructed accordingly: |

|صيغة هذا الاتفاق ؛ | |This Form of Agreement; |

| | | |

|الشروط العامة للعقد ؛ | |The General Conditions of Contract; |

| | | |

|عرض المناقص الفائز/المقاول بالمناقصة المقدم بإشارة (.............( في | | |

|تاريخ: ../.../2012 م وملحقاته المعتمدة من قبل " المالك " | |The successful tenderer/Contractor’s tender offer ref.: |

| | |(……………)dated……./…../2012 and it’s annexes approved by the Buyer; |

|مستندات "المشتري" المتضمنة كافة بيانات المتطلبات والمواصفات والرسومات| | |

|المذكورة هنا ، والخاصة بتوصيف المواد وأعمال التركيب من قبل"المشتري" | |The “Buyer” documents containing all data requirements, specifications |

|قبل ترسية المناقصة وكتاب الترسـية رقـم(FAX/TEND.&T.) | |and drawings listed therein and annexed hereto, which have been |

|بتاريـخ:....../ ...... /2012م وملحقاته0 | |elaborated by the ““Buyer” for the materials and erection Works before |

| | |awarding the Tender, awarding letter ref (FAX/M./12/………..) dated |

| | |……/……/2012 and it’s annexes. |

| | | |

|لأغراض التعريف فإن المستندات وملحقاتها المذكورة تعتبر جزءا" مكملاً | | |

|للعقد ، وقد تم التأشير عليها من قبل "المشتري" و"المقاول" . | |For the purpose of identification, the said documents and their annexes |

| | |are made an integral part of the Contract and have been initialed on |

| | |behalf of the “Buyer” and the “CONTRACTOR”. |

|في حالة وجود أي تعارض بين أي جزء من المستندات المتعددة ، والمدرجة في | | |

|البند 2 من صيغة الاتفاق الماثل ، فإن الأولوية تسود كما يلي: | |In the event of conflict between any part of the various documents |

| | |listed in clause 2 above of this Form of Agreement, the following |

| | |priority shall prevail: |

|أ ) يكون لها الأولوية على ب ، ج و د؛ | | |

| | |Will have priority over b, c and d; |

|ب) يكون لها الأولوية على ج و د؛ | |Will have priority over c, d and |

|ج) يكون لها الأولوية على د0 | |Will have priority over d. |

| | | |

|العقد كما سبق بيانه ، يعتبر تحديدا" كاملا" لكافة الحقوق والالتزامات | |The Contract as herein before defined constitutes a full statement of |

|التعاقدية فيما بين "المشتري" و"المقاول" ، بشأن الأعمال ولا يعتد | |the contractual rights and liabilities of “Buyer” and the “CONTRACTOR ‘ |

|بالمفاوضات أو أية مستندات أتفق عليها أو وقعت بينهما قبل تاريخ إبرام | |in relation to the Works and no negotiations between them nor any |

|العقد ولا تترتب عليها أية آثار تعاقدية 0 | |documents agreed or signed by them prior to the concluding date of |

| | |Contract in relation to the Works shall hereafter be of any contractual |

| | |effect. |

| | | |

|معلوم أن "المشتري" قد حصل لنفسه على المعلومات الوافية في كل الجوانب | |It is understood that the “CONTRACTOR” has obtained for himself all |

|بما في ذلك الجوانب الفنية وظروف الموقع والتسهيلات 0 كما وأنه من | |information complete in every respect including all technical aspects, |

|المعلوم والمتفق عليه أن "المقاول" مسئول تجاه"المشتري" عن كافة | |The Site conditions, and facilities. It is also understood and agreed |

|التزاماته التعاقدية. | |that the “CONTRACTOR” shall be responsible to the for all his |

| | |contractual obligations. |

| | | |

|يكون "المقاول" مسؤولا" تماما" عن الآتي : | | |

| | |The “CONTRACTOR” shall be fully responsible for the following: |

| | | |

| الألتزام التام بالتوجيهات والتعليما ت الصادرة من قبل ممثلي"المشتري"| | |

|في مواقع تنفيذ الأعمال وتوفير كافة الإحتياجات لتنفيذ الأعمال سواء كان | |Full compliance with the guidance and instructions issued from time to |

|ذلك مذكوراً بالعقد أو غير محدد بالعقد.؛ | |time by the “Buyer” representatives at site work, and provide of all the|

| | |work requiremenrs to implement the works as per respective scope of work|

| | |and in the specified time whether mentioned or not mentioned in the |

| | |Contract. |

| | |Arrangement for meetings with the “Buyer” ‘s representatives at sites at|

|ب) الترتيب لعقد إجتماعات مع ممثلي"المشتري" بمواقع العمل وقت التوقفات | |shutdown time for coordination between them to carry out the required |

|للتنسيق والتعاون فيما بينهما لتنفيذ الأعمال المطلوبة ، ومتابعته فريق | |work, and to follow-up his team work and resolve problems that may arise|

|العمل بالموقع وحل المشاكل التي قد تنشأ ذات الصلة بفريق العمل التابع | |related work teams affiliated to it for best performance the works |

|له ، وبهدف تحقيق أفضل أداء في سبيل إنجاز الأعمال موضوع العقد. | |subject to the Contract. |

| الإمتثال للقوانين وإحترام الأنظمة والضرائب والجمارك في دولة قطر. | |Comply with and respect the Laws, Regulations, the applicable taxes and |

| | |Customs of the State of Qatar. |

|ممارسة جميع المهارات بعناية وبما يتناسب وأداء المهام المسندة إليه | |Exercise all reasonable skill, care and dilligence in the discharge of |

|بموجب العقد ، من أعمال صيانة مطلوبة ، وذلك وفقا˭ لأفضل المعايير | |its duties under the Contract and shall carry out the required |

|المهنية وبإستخدام التقنيات الإقتصادية الأكثر تطورا˭. | |maintenance work in accordance with the highest professional standards |

| | |whilst using the most developed and econmic techniques. |

| | | |

|سـعر العـقد الإجمالي في حدود مبلـــغ قدره= ………………….( | |The Contract total price is the sum of QAR …………………….) |

|) 0 | |only(. |

| | | |

| | | |

|تكون مدة تنفيذ العقد -------------(------) أشهر من تاريخ سريانه/نفاذه | |The Contract execution period --------(----------) months commencement |

|0 | |from the date of come into force. |

| | | |

|يبدأ نفاذ العقد بناء على إستلام "المقاول" إخطار بدء التنفيذ من | |The CONTRACTOR shall come into force upon the Vendor receipt of the |

|"المشتري" الذي يصدره بعد تسليم "المقاول" آصل كفالة الإنجاز المصرفية | |Notice to proceed from the “Buyer” issued after submission of original |

|والوثائق الآخرى المطلوبة قبل توقيع العقد. | |bank performance bond and other required documents by the CONTRACTOR, as|

| | |defined in the contract. |

| | | |

|يحق "المشتري" في أي وقت تعيين شخص أو أشخاص أو شركة أو شركات لتمثله في | |The “Buyer” has the right at any time to appoint a person, persons or |

|تنفيذ العقد والإشراف على أسلوب تنفيذ الأعمال كمهندسين أو استشاريين أو | |company(s) to represent him in the execution of the Contract and the |

|مفتشين أو مشرفين ، ويكون "المشتري" الحق في استبدالهم بآخرين ، على أن | |supervision on the manner of execution of the Works as Engineers, |

|يتم ذلك بإخطار "المقاول" كتابةً 0 | |CONTRACTOR, Inspectors or Supervisors and that the “Buyer” can replace |

| | |them with others and he shall communicate the same to the CONTRACTOR in |

| | |writing. |

| | | |

|يلتزم "المشتري" بأن يدفع "المقاول" الدفعات المستحقة طبقا" لشروط الدفع | |The “Buyer” shall pay to the CONTRACTOR all amounts due in accordance |

|المذكورة بالمادة السادسة الواردة بالشروط العامة للعقد . | |with payment terms are mentioned in section-6 of General Conditions of |

| | |Contract, . |

|يحق "المشتري" خصم مقدار ضريبة الدخل المستحقة على "المقاول" من ثمن | | |

|العقد ، وذلك وفقاً للقانون رقم (21) لسنة/2009م ، فى حالة فشل "المقاول" | |The “ Buyer” has the right to deduct from contract total lump sum price|

|في تقديم صورة من بطاقة ضريبة الدخل الخاصة به. | |if found any income tax amount due on the CONTRACTOR as per Qatari law |

| | |No.21/2009, in case the CONTRACTOR fails to submit a copy of his Income |

| | |Tax Card. |

| | | |

|إذ فشل "المقاول" في إنجاز أو إكمال الأعمال خلال مدة الإكمال ، فيحق | |If the CONTRACTOR fails to perform or to complete the Works within the |

|"للمالك" توقيع غرامة تأخرية بواقع 3000ريالا قطريا أو ما يعادل هذا | |Time for Completion the “OWNER”shall be entitled to deduct from the |

|المبلغ حسب عملة السداد ، وذلك عن كل يوم أو حزء من يوم التأخير ن على أن| |contract price a penalty for delay of QR 3000/- or equivalent amount of |

|لا تتعدي جملة الغرامات نسبة 10% من إجمالي سعر العقد . ويحق للمالك في | |this amount in the currncy of contract, for each day or part of day of |

|مثل هذه الحالة – اللجوء لمقاول آخر لتنفيذ و إكمال الأعمال موضوع | |such delay up to a maximum of 10% of the total contract price. The |

|العقد على حساب "المقاول" من قيمة العقد. | |“OWNER” in such case has the right to call another Contractor to execute|

| | |and complete the work subject of Contract on the account of the |

| | |CONTRACTOR from the Contract price. |

|يلتزم "المقاول" بأن يستصدر كافة وثائق التأمين التي تغطي المخاطر كما | | |

|تحددها نص المادة4 رقم:4-18 من شروط العقد وأن يسلمها للشركة قبل بدء | |The CONTRACTOR shall arrange all the insurance policies himself for the |

|التنفيذ بالموقع على أن يتم استصدار هذه الوثائق من شركة تأمين تعمل | |Supply and Works covering all risks i.e. as hereafter defined in the |

|بدولة قطر يوافق عليها "المشتري". | |Conditions of Contract clause 18.4 and to be submitted to the Buyer |

| | |before commencement of execution the Supply and Works at site. The |

| | |insurance shall be arranged from an insurance company operating in the |

| | |State of Qatar approved by the Buyer. |

| | | |

|قام "المقاول" بتسليم "المشتري" ضمان بنكي/كفالة الإنجاز بمبلغ | |The CONTRACTOR has submitted to “Buyer” the Bank Guarantee/performance |

|=/.................... ، بواقع 10% من إجمالي سعر العقد ، كفالة رقـــم| |bond of total amount…………. equal 10% of the Contract total price, Bond |

|(..................) صادرة من.............. ، بتاريــخ | |No. (………….) and issued by …………………,dated /../2012. and valid until |

|...../...../2012م ، سارية المفعول لغاية ...../......./ 201م 0 | |……/……../201. |

| | | |

|جميع المنازعات و الخلافات التي تنشأ بين الطرفين بشأن العقد يتم الفصل | | |

|فيها وفقا" لأحكام ونصوص القانون القطري ، ويكون للقضاء القطري | |All disputes and differences arising between the Parties in connection |

|الاختصاص0 | |with the Contract shall be settled according to Qatari law and the |

| | |Competent Court(s) of the State of Qatar shall have the jurisdiction. |

| | | |

|إثباتا" لما تقدم قام الطرفان بالتوقيع على هذا العقد | | |

| | |IN WITNESS whereof the Parties hereto have signed the present Contract. |

| | | |

| | | |

| | | |

|عــن "المشتري" | |FOR “CONTRACTOR” |

| التوقيـــع : | |SIGNATURE: |

| | | |

|الاســم : ………………………………………………. | |NAME : ………………………………………………. |

|الوظيفـة: ……………………………………….. | |TITLE : ………………………………………………. |

TECHNICAL ASPECTS

|A) |TENDER TITLE: |

| | |

| |Engineering, manufacturing, supply and erection of Sine Wave pattern chromium carbide cladded plate of high wear resistance liner to the |

| |mill body and grit collecting cone for Vertical Raw Mill MPS 4250 (361-RM1) |

|B) |SCOPE OF SUPPLY: |

| |Engineering, manufacturing, supply and erection of hardfaced chromium carbide cladded liners of high wearing resisance liners to the mill |

| |body and grit collecting cone for Vertical Raw Mill MPS 4250 (361-RM1) with systematically and sequential manner with numbering. |

|C) |SCOPE OF ERECTION WORK: |

| |1. |The liners should cover from nozzle ring area to mill outlet duct up to the expansion joint. |

| |2. |Removing of existing grit collecting cone and fixing with double cladded (4 mm hardfaced + 8 mm base plate + 4 mm hardfaced) |

| | |grit collecting cone. |

| |3. |After erection of liners with bolting system mill outer body has to be painted with heat resistant paint of moderate colour. |

| |4. |The bolt head projecting over the liners should be covered with hard faced material of the same quality as the liner. |

| |5. |The liners must be systematic and squential manner with bolting system. |

| |6. |All the existing liners have to be removed and fix the new liners with bolting system. |

| |7. |The existing holes of the mill body can be used if useful to fix the new liners or can be made new drill holes to fix the new |

| | |liners. |

| |8. |Higher sectional thickness of the liners to be used at bend / neck areas where flow diversions are there. |

| |9. |proper supports have to be provided wherever necessary. |

| |10. |new supports have to be provided wherever supports are removed for erection of liners/grit cone. |

| |11. |all the scaffolding required for completion of the job has to be arranged by the contractor. |

| |12. |special care has to be taken for earthing while welding on Mill body as these liners are fixing to Mill where in grinding |

| | |mechanism is equiped inside the Mill |

| | |

|D) |DETAILS OF RAW MILL |

| |Vertical Raw Mill |

| |Size: MPS 4250 |

| |Make: Gebr Peiffer |

| |Ref. Drawing No.: 131923-0 |

| | |

|E) |PARTICULAR TECHNICAL TERMS: |

| |01. |The supplied liners of Sine Wave pattern chromium carbide cladded plate and must have higher wear resistance, high corrosion |

| | |resistance and heat resistance. |

| |02. |The mill body liners must be supplied sequentially/ systematically numbered for future replacement. |

| |03. |Original body has to be strengthened before fixing the liners at weak locations. |

| |04. |All liners must be renewal type with bolting system. |

| |05. |The size of the liner must be portable/carry type through mill inspection door. |

| |06. |The dimensions/sizes of the liners and grit collecting cone have to be be determined according to the existing mill body |

| | |dimensations by the supplier/bidder. |

| |07. |Thickness of the body liners must be 6 mm base + 4mm hardfaced and thickness of grit collecting cone is 4mm hardfaced + 8 mm |

| | |base + 4 mm hardfaced. |

| |08. |Material specifications for the liners and grit collecting cone are as follows:- |

| | |i) |The material to be used for body liners is a special chromium carbide cladded mild steel plates made by automated |

| | | |welding with the following specification:- |

| | | |a) |Sine Wave Pattern Chromium Carbide Cladded Plate with complex carbides of Niobium, Vanadium and Boron. |

| | | |b) |Hardness of the chromium carbide cladding > = 63 – 65 HRC |

| | | |c) |Base plate thickness is 6 mm / 8 mm (Mild Steel) |

| | | |d) |Chromium Carbide Cladding thickness is 4 mm / 5 mm |

| | | |e) |Uniform dilution & hardness and minimum penetration. |

| | |ii) |Test Certificate:- |

| | | |Standard test certificate to be provided with the material showing the following: |

| | | |a) |Porosity and homogeneity of structure |

| | | |b) |Penetration to the base metal |

| | | |c) |Hardness of surface and depth of hardness |

| | | |d) |Process used for cladding |

| | |iii) |Forming:- |

| | | |a) |Rolling and bending is possible |

| | | |b) |Cutting is possible by Plasma |

| |09. |Set of drawings of the liners and grit ollecting cone to be submitted for further after finalizing the tender. |

| |10. |One year warranty against supplied parts to be provided. |

| |11. |Site visit prior to manufacturing of the liners is must for measurements. |

| |12. |All the required manpower, welding machines and all other required tools are Contractor scope. |

| |13. |Accommodation, food, safety & insurance are Contractor scope. |

| |14. |Electrical Power source will be provided by QNCC scope. |

| |15. |The schedule for completion of the job for replacement of liners at site to be provided. |

| |16. |The stoppage of the mill will be offered according to the QNCC schedle maintenance. |

| |17. |The Contractor should provide a bar chart showing total required time details as follows: |

| | | |a) |Time required for dismantling. |

| | | |b) |Time required for Erection. |

| |18. |The Contractor is responsible for the supply of all his requirements such as: |

| | | |a) |Welding & Cutting equipments, crane/s etc. |

| | | |b) |Consumables like welding electrodes, gas etc. |

| | | |c) |All tools & equipments required for the job |

| | | |d) |Transportation & Accommodation of personnel engaged in the work. |

| |19. |The Contractor / bidder must visually / physically check / inspect the parts to be replaced / attended prior to bidding. |

| |20. |Shortest time for executing works especially installation is a credit to the bidder. Dismantling, erection work should be |

| | |carried out during maintenance stoppae of the plant. The stoppage programme will be informed 15 days before,. |

| |21. |The Contractor is to provide an experienced Engineer to be available on site supervision safety and co-ordination of the work.|

| |22. |The Contractor should clear all the site debris such as old replaced parts, materials after the completion of the job to be |

| | |area advised by QNCC. |

| |23. |QNCC will provide area for site office, if required. |

| | |

|F) |DRAWING:- |

| | |

| |Drawing No.: 131923-0 |

We the undersign, undertake to supply & deliver the aforementioned material(s) including the execution and completion of erection works at site subject to the general tender No. (12/2012) and in accordance with the above mentioned specifications and particular technical terms.

Tenderer/Bidder Name ……………………… Date: / / 2012

Signature…………… Seal…………

Form of Bill of Quantity

ON LETTER HEAD OF TENDERER/BIDDER

|Serial No. | | |Unit Price |Total Price |

| |REQUIRED ITEM* |QTY. | | |

| | | | | | | |

|01 |Supply and Delivery of Mill Body Liners for Vertical Raw |1 Set | | | | |

| |Mill MPS 4250 (361-RM1) | | | | | |

| | | | | | | |

| | | | | | | |

|02 |Supply of double cladded grit collecting cone |01 No. | | | | |

| | | | | | | |

| | | | | | | |

| | | | | | | |

|03 |Engineering, dismantling of existing liners and grit |Lump Sum | | | | |

| |colecting cone, erection and supervision of the supplied | | | | | |

| |liners and grit collecting cone at Vertical Raw Mill MPS | | | | | |

| |4250 (361-RM1) | | | | | |

|Total Amount: | | |

Manufacture Name: ………………………… Country of Origin: …………….………….

Supply & Delivery Period: …………( ) Month (s)

Tender offer/Bid Validity period:………………………………………..( ) Days/Months from the closing date of this tender.

Tenderer/Bidder’s Name & Signature Seal

Date

FORM OF BREAKDOWN PRICES

(ON TENDERER / BIDDER LETTER HEAD)

|S/No. |Particulars |Unit Amount | |

| | | |Total Amount |

|01 |Manufacturing and Supply of Mill body liners for vertical Raw | | | | |

| |Mill MPS 4250 (361-RM1)Delivery on C.I.F. Basis @ Umm-Bab, State| | | | |

| |of Qatar. | | | | |

| | | | | | |

| |Manufacturing and supply of double cladded grit collecting cone | | | | |

|02 | | | | | |

| | | | | | |

| | | | | | |

|03 |Mobilization to the Site for erection | | | | |

| | | | | | |

|04 |Engineering, dismantling of existing liners and grit colecting | | | | |

| |cone, erection and supervision of the supplied liners and grit | | | | |

| |collecting cone | | | | |

|05 |Demobilization and Hand over the site after completion | | | | |

| |(In words……) | | |

|Total: | | | |

Tenderer/Bidder’s Name :……………………………………………………………………………

Signed :………………………………Date……../………./2012

Stamped

FORM OF PERFORMANCE BOND

(ON BANK LETTER HEAD )

Qatar National Cement Co., (Q.S.C) Date ……………..

P.O Box 1333,

Doha, State of Qatar

Greetings,

Letter of Guarantee No …………………………………………………………. Upon request of M/S……………………………. We hereby guarantee to pay to you or to your legal representative an amount of QAR/USD………….. Upon first written demand not withstanding any contestants by the CONTRACTOR, in connection with Tender No. /2012 related to …………… this letter of guarantee shall be effective and come in full force from …….. and expiry on …………... after expiry of twelve (12) months, plus forty five (45) days following the ended date of Defect Liability Period as per the Contract.

As guarantee for the fulfillment of the obligations of the aforementioned contract by the CONTRACTOR in the establishment time and in accordance with the conditions and terms as specified in the contract.

Bank’s Signature & Stamp

FORM OF DOWN PAYMENT GUARANTEE

(ON BANK LETTER HEAD)

M/S. Qatar National Cement Co. (Q.S.C)

P.O Box 1333,

Doha, State of Qatar

Subject : Down Payment Guarantee

Greetings,

By this irrevocable Guarantee, ………….., State of Qatar , incorporated under the laws of State of Qatar (herein after called surety), pursuant to the execution and completion of contract for Engineering, Manufacturing, Supply and Erection of Mill Body Liners @ Line 2, Umm-Bab, as dated ……………….by and between Qatar National Cement Co., Q.S.C. (herein after called the BUYER) and M/S …………………….. (herein after called the CONTRACTOR), this down payment guarantee to bind ourselves and our successors and assigns both jointly as well severally to pay irrevocably and unconditionally on demand by the BUYER and without any recourse to the CONTRACTOR or any third party, to the extent amount of QAR/USD……….being down payment amount equivalent to 10% of the contract value. Against simple written request of the BUYER indicating that CONTRACTOR is in default and the BUYER demands the amount to be paid by surety.

The gurantee shall come in force on effecting receipt of down payment and shall expire after provisional acceptance of complete Erection work as per Contract.

Bank’s Signature & Stamp

Form of Qualifications/ Exceptions

ON LETTER HEAD OF TENDERER/BIDDER

We have following exceptions/qualifications on the above tender offer/bid.

|S/NO. |Narration |Amount (+, -) |Time |

| | | |( +, -) |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| | | | |

| |Total | | |

Tenderer/Bidder’s Name & Signature Date

…………………………………………………… …………..

Seal

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS AND INTERPRETATION

1. Definitions

In this part/section the following expressions shall have the meanings prescribed to them hereunder except where the context otherwise requires.

“CONTRACT” shall mean the Form of Agreement dated 00 the of Month year entered into between the QNCC/Buyer and the CONTRACTOR for the provision of the Scope of Work attached thereof, and described in the tender document, as may be amended from time to time.

“CONTRACTOR” means CONTRACTOR OR his lawful assignee or successor.

“CONTRACT DOCUMENTS” means the documents annexed to which is an integral part of the Contract and shall include the General Conditions of Contract the Scope of Work, Specs., Reports, Schedule of Rates and Prices, Letter of Award, Notice to Proceed and all agreed correspondence exchanged between the parties in relation to the Works.

“MAINTENANCE/DEFECT LIABILITY PERIOD” shall have the meaning assigned to this term in the MAINTENANCE/DEFECT LIABILITY PERIOD Clause to be contained in the Contract which is covers any defect in the supplied materials or default in any part or section erection work for a period of 12 Month(s) plus Forty Five (45) days following such period.

“PROVISIONAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by QNCC/Buyer and delivered to the CONTRACTOR stating that material supplied and the erection works have been substantially completed in accordance with the terms and conditions as set out in the Contract.

“FINAL ACCEPTANCE CERTIFICATE” means a certificate issued and signed by QNCC/Buyer and delivered to the CONTRACTOR stating that all erection works are succesfuly completed and passed the 12 months of Maintenance/ Defect Liability Period plus 45 days with no defect with the Terms and Condition in the contract.

“CONTRACT TOTAL PRICE” means the final total price agreed and signed by both parties: CONTRACTOR & QNCC/Buyer.

“PARTIES” means the QNCC/Buyer and CONTRACTOR.

“SCOPE OF SUPPLY AND WORK” means the materials required to be supplied as listed in the this tender document bill of quantity and ctory erection Works to be executed by the CONTRACTOR as described under the contract.

2. VALIDITY OF CONTRACT AND DURATION FOR COMPLETION OF THE SCOPE OF WORK.

1.2.1 The Contract shall come into force upon the CONTRACTOR receipt of notice to proceed letter issued by the QNCC/Buyer for the commencement the supply and delivery of the required materials and execution of the erection works at the cement plant site after the signing of the contract by the two parties .

1.2.2 The the engineering, manufacturing, supply, delivery and erection works shall commence and be completed in accordance with the time schedule contained in the Contract.

1.2.3 There shall occur no extensions to the period for the delivery and completion of the erection work unless the Contract defined execution period by the CONTRACTOR is extended with the consent of the QNCC/Buyer in which case the corresponding extension shall be granted to QNCC/Buyer provided such extension is required due to the default of the QNCC/Buyer or the CONTRACTOR or for reasons as stated in the Contract.

1.2.4 Terms defined in the Contract shall where applicable have the same meanings used herein unless the context requires otherwise.

2. SCOPE OF WORK

The CONTRACTOR shall undertake to execute the Work in accordance with the terms and conditions as set out in the Contract.

3. CONTRACTOR’S FACILITIES AND TOOLS

1. Facilities Required During the Execution Period

During the execution period of Contract, the CONTRACTOR should arrange the necessary accommodation for the provided manpower on his own cost.

2. Costs of Accommodation and Transportation will be charged on the account of the Contractor

3. Equipment and Materials

Specialized equipment and materials furnished by the QNCC/Buyer to the CONTRACTOR or purchased by the QNCC/Buyer for the CONTRACTOR with funds wholly supplied or reimbursed by the QNCC/Buyer shall be the property of the QNCC/Buyer and shall be so marked for identification purposes by the CONTRACTOR and/or the QNCC/Buyer. The CONTRACTOR shall be responsible for ensuring that any such equipment and materials provided by the QNCC/Buyer are maintained by it in good condition.

4. Disposal of Equipment and Materials

Upon completion or termination of the Scope of supply and Work, the CONTRACTOR shall furnish to the QNCC/Buyer inventories of the equipment and materials supplied to it by the QNCC/Buyer, which are to be disposed or an deliver the equipment to the QNCC/Buyer and dispose of any unwanted materials as directed by the QNCC/Buyer.

5. Site Personnel

All persons/manpower working for the CONTRACTOR shall be under his direct employment/sponsership and supervision.

4. TIME SCHEDULE FOR COMPLETION

The Time Schedule for supply of the materials and completion of the Erection Works at site shall be agreed and annexed to the Contract.

5. CONTRACT LUM SUM PRICE PAYABLE TO THE CONTRACTOR

The Contract Lump Sum Price payable to the CONTRACTOR for the provision and completion of the Scope of Work shall be allocated and payable in respect of the different stages of the Scope of Work as provided hereunder.

1. Contract lump sum price for Modified Replacement and Installation Works

Where additional work are necessary due to changes within the Scope of supply and work requested by the QNCC/Buyer an additional price to be mutually agreed upon by the QNCC/Buyer and the CONTRACTOR shall be granted to the CONTRACTOR.

The basis for the additional price shall be agreed to in writing between the QNCC/Buyer and the CONTRACTOR prior to the commencement of provision of the additional materials or work.

5.2 Inclusive Contract Lump Sum Price

1. The Contract Lump Sum Price payable to the CONTRACTOR shall include all cost, overhead, profits, taxes, charges, payments to his sub-contractor(s) and all costs and expenses of whatsoever nature for the performance and completion of the Scope of Supply & Work pursuant to the terms of the Contract.

2. The CONTRACTOR signing the Contract confirms that he is aware of all other cost or charges to be incurred and which are necessary for it to carry out and complete the Scope of Supply & Work required under the Contract.

3. No claim will be accepted by the QNCC/Buyer from the CONTRACTOR due to the CONTRACTOR’s lack of knowledge in respect of any matter affecting the level or adequacy of the Contract Lump Sum Prices payable to the CONTRACTOR pursuant to the terms of the Contract.

6. PAYMENT TERMS

6.1 The Buyer will be settled the contract price by the either of the following payment methods:

6.1.1 By account payee cheque/bank transfer/or Letter of Credit to the Contractor/Supplier against supply and delivery of the required materials to the place(s) as stated in the contract, on providing the Original Invoice(s) & supporting relevant documents to the Buyer. The Contractor/Supplier, If so wish shall provide bank account number and name where the payment is required against invoice/invoice(s) in the stipulated bank.

6.1.2 Incase of payment advance under the contract (if any) is mutually agreed to be made out of Letter of Credit, the Letter of Credit will be established on written request of Contractor/Supplier along with the Proforma Invoice including name, address with telephone & fax number, bank account number, branch, name of bank, amount, date, description of material(s) & validity required for the Letter of Credit. The Letter of Credit shall be non-transferable and non-divisionable.

6.1.3 The Buyer reserves the right to deduct or set off from the amount due to Contractor/Supplier of any amount is payable to the Buyer, the Buyer has to notified the Contractor/Supplier in writing, stating the reason of deduction if any.

6.2 100% (One hundred percent) of the material total price will be paid as per following pattern:

6.2.1 Open Letter of Credit in favour of Contractor/Supplier, for the payment of 100% of the material price based on the following negotiation terms:

6.2.2 80% (Eighty percent) of L C amount would be released on production Contractor/Supplier ‘s Legalized(Qatar Embassy, incase of non availability of Qatar Empassy in place of Origin of shipment from any other Arab Embassy); Commercial Invoice, Packing List & Negotiable of bill of lading.

6.2.3 And 20% (Twenty percent) on production of Contractor/Supplier’s Invoice and Delivery Note duly signed by General Manager of applicant whose signatures are with Applicant’s bank on C.I.F. UmmBab, State of Qatar, customs paid Basis.

6.2.4 All expenses of LC in Qatar would be to account of applicant, all expenses outside Qatar would be to the account of beneficiary. LC extension, if any would be on account of beneficiary. LC would be non transferable

6.3 Payment of the remaining contract total price will be released against presentation of Interim Certificate(s) by the contractor as progress of erection work at site and the settelement of each interim certificate shall be within 15 days approved by the Buyer.

7. LIQUIDATED DAMAGES FOR DELAYS

For Late Completion:

Should CONTRACTOR fail to complete the required refractory installation work within the contractual completion time as defined in the contract and should the start-up be deferred due exclusively to such delay, the QNCC/Buyer shall be entitled to receive/impose liquidated damages amount of Qr. 3000 of each day or part of day of such delay up to a maximum of 10% of the contract lump sum total price as defined in Clause No. 12 mentioned in Form of Agreement.

8. FORCE MAJEURE

1. Payment

If at any time before the completion of the Scope of Work under the Contract any part of the Works shall be damages or destroyed as a consequence of Force Majeure, as defined in Clause8.3 (Default) hereof, occurring within the State of Qatar beyond the control of CONTRACTOR and form unforeseen cause, CONTRACTOR will receive the proportionate payment for any additional refractory installation works which may be requires to be completed only by him as a result of such damage or destruction.

2. Circumstances Beyond Control

Any of the parties affected by Force majeure shall promptly notify the other Parties in writing of any situation or event occurring within the State of Qatar arising from any circumstances beyond their control, which is unavoidable and which could not reasonably be foreseen and which makes it impossible for the affected party to carry out in whole or in part its obligations under the Contract.

3. Default

Neither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions, revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards, extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring within the State of Qatar which is beyond the control of the parties, unavoidable which could not reasonably be foreseen and which renders impossible the fulfillment of the Contract.

4. Delays in Performance

If the performance of any obligations or responsibilities of any Party is delayed for more than 30(Thirty) days, the term of this Contract shall either be extended for such period or the Contract may be terminated at the QNCC/Buyer’s choice. In the event that the performance of the Works is prevented in whole or in part due to an occurrence referred to in Clause8.3 (Default) hereof, then the QNCC/Buyer shall have the option at any time after the commencement of such occurrence to terminate the Contract by giving written notice to CONTRACTOR. The payment on termination shall be assessed as the reasonable and actual cost incurred by CONTRACTOR to demobilize those staff whose works are related to the Scope of Supply & Work.

8.5. Notice of Termination

If a termination notice is given as a result of Force Majeure as per Clause 9.3 (Default) above, the termination shall become effective upon receipt by CONTRACTOR of the QNCC/Buyer’s notice to terminate.

9. TERMINATION OF THE CONTRACT

Should CONTRACTOR fail for more than 30 (Thirty) days after written notice to discharge its contractual obligations as set out in the Contract and cease to comply with provisions of the Scope of Work except in the case of Force Majeure, the QNCC/Buyer shall have the right to terminate immediately the Contract.

10. CONFIDENTIALITY

10.1 CONTRACTOR shall treat the details of this Contrtact and all documents prepared hereunder as private and confidential (save in so far as it may be necessary to pay any such decisions for the performance of its duties hereunder) and shall not publish or disclose the same or any particulars thereof in any trade of technical paper or elsewhere without the prior written consent of the QNCC/Buyer. CONTRACTOR shall ensure that its personnel and sub-contractors enter into similar confidentiality undertakings towards the QNCC/Buyer.

10.2 Documents shall remain the property of the QNCC/Buyer

10.3 All Documents prepared by CONTRACTOR for the works or provided to him by the QNCC/Buyer shall remain confidential. during the contract execution period, the drawings shall remain in the sole custody of QNCC/Buyer.

11. INFORMATION REQUIREMENTS

11.1 CONTRACTOR shall submit the following information to the QNCC/Buyer, at such regular interval as are appropriate:

a) All communications, which:

1. State or indicate the possibility of an intention to claim additional time or money.

2. Relate to security, access or personnel to the Site area, accidents and safety of personnel, insurances or other matters, which may be considered of interest to the QNCC/Buyer or may require action by him.

b) Programme and Schedules as follows:

1. All programmes and schedules of information requirements from the QNCC/Buyer to CONTRACTOR and vice versa.

2. All interim or stage programmes issued by the QNCC/Buyer.

c) Monthly erection works status reports, which must include statements on :

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1. Progress of Works.

2. Performance of the CONTRACTOR’S manpower in particular with regard to non-compliance with all such duties and obligations as are contained in the Contract and the Specifications.

3. Quality of the Works.

4. Supply or delivery problems and action taken.

5. Any work variation to the Contract period or Contract price with financial details and any reasons which indicate, in view of CONTRACTOR, that these are likely to be varied in the future.

d) Full details of the CONTRACTOR’S manpower maintained on the site, calculated and reported on a monthly basis.

11.2 Variations

CONTRACTOR shall clearly identify any Variation Orders as being issued one of the following categories:

a) Variations which alter, amend or delete items contained in the Contract and which Variation does not alter the Scope of Supply and Work, is not charged against contingencies and which does not increase the Contract Value;

b) Variations which will increase the Contract Value and will require the commitment of additional funds

c) Variations which are charged against contingencies as per Clause 12.4 hereunder.

11.3 Handling Over

12.3.1 When CONTRACTOR shall determine that a part or all of the refractory installation works has been completed and is acceptable for use by the OWNER/QNCC then CONTRACTOR shall give sufficient prior written notice to the OWNER/QNCC that such refractory installation work or part is substantially completed and is ready for handing over and OWNER/QNCC shall check and approve the and if accepted the OWNER/QNCC will issue the Provisional Acceptance Certificate as per applicable Clause (PROVISIONAL ACCEPTANCE CERTIFICATE) of the Contract recommending acceptance by the OWNER/QNCC.

11.4 Contractor’s Manpower

CONTRACTOR shall provide all the requirement of specialized manpower having experience in Cement Plant kilns refractory installation works in the OWNER/QNCC Cement Plants Nos.2,3 and 4 at Ummbab, State of Qatar for the execution of all refractory installation works defined in the contract. The qualifications and experience of all provided manpower categories should be approved by the OWNER/QNCC prior to their recruitment by the CONTRACTOR to the site.

11.5 Replacement of Recruited Manpower by Contractor

CONTRACTOR shall not replace the povided manpower subject to this contract without first obtaining the prior written approval of the OWNER/QNCC. Any request to replace the provided manpower to the site shall be accompanied by the curriculum vitae of the proposed new manpower and an undertaking that such change of manpower categories neither inconveniences the OWNER/QNCC nor causes to the OWNER/QNCC any delay or extra costs.

12. ASSIGNMENT

CONTRACTOR shall not assign or transfer the benefit or obligation of the Contract or any part thereof to any third party without the prior written approval of the OWNER/QNCC. However, CONTRACTOR shall be entitled at any time to take into partnership another partner or partners (or directors) and he or they shall be deemed to be included in the expression “CONTRACTOR”.

13. TAXES

CONTRACTOR shall be responsible for the payment of all taxes including income tax, customs or import duties, training levies and all other levies and taxes applicable by any regulatory or concerned authority within the State of Qatar. Any new taxes decides by State of Qatar Authorities or modifications of the existing taxes after the date of signing of the Contract shall be mutually discussed in order to adapt the contractual price accordingly.

14. VISA AND PERMITS

CONTRACTOR shall be responsible for the fees for obtaining all visas and permits required in the performance of the Contract. The OWNER/QNCC shall be responsible in obtaining such visas and permits.

15. OWNER/QNCC’s RESPONSIBILITY

15.1 Information to CONTRACTOR

The OWNER/QNCC shall furnish all pertinent data and information available to it and shall give such assistance as shall reasonably be required by CONTRACTOR for performing its duties and discharging its obligations under the Contract.

15.2 Decisions

The OWNER/QNCC shall give its decisions on all sketches, drawings, report recommendations and other matters properly referred to it by CONTRACTOR in writing and in reasonable time so as not to delay the performance by CONTRACTOR of the Scope of Works under this Contract.

15.3 Food and Water

The OWNER/QNCC shall maintain for all the manpower food, water free of charge.

15.4 Provide consumables such as electrodes, Diesel Electricity for welding, Provide air supply, power supply and refilling Oxyacetylene and oxygen cylinders.

16. CONTRACTOR’S RESPONSIBILITY

16.1 Supply trained direct and indirect manpower list needed; Engineer, Foreman, mason, Scaffolders, demolishers, welders with experience in cement to execute the required refractory installation work.

16.2 Responsible for the supervision on his supplied manpower during the execution and completion period of the Contract.

16.2 Provide Medical and Accidental Insurance.

16.3 Providing Visa Arrangement, immigration fee and other convinience cost for manpower.

16.4 Covering of all workers salaries, wages and workers compensations.

16.5 Cost of personnel air flights, visas as well as internal transportation to and from the sites.

16.6 Obligate his manpower to follow the discipline, Safety and rules of the OWNER/QNCC.

16.7 Responsible for safety of his people working (Manpower) at sites.

16.8 Responsible for compensation of his manpower for any damagees occur to them or the theft or loss of his equiment.

16.9 Issue the necessary insurance cover for this manpower @ site work as per the concermed Qatari Competent Laws & incompliance with Qatari Labor Law.

17. OWNER/QNCC’S APPROVAL

The OWNER/QNCC’s specific approval in writing shall be required by CONTRACTOR prior to the following:

a) Assignment or subletting by the CONTRACTOR of any part of the refractory Installation Works.

b) Any direct instructions by CONTRACTOR imposing to its provided manpower a method of working different to that stated in the Contract or modifying the accepted method included and agreed at Tender Stage.

18. SCOPE OF LIABILITY OF CONTRACTOR

18.1 Errors and Omission

CONTRACTOR is liable for all the detrimental consequences of its recommendation, negligent acts, errors and omissions on its part or on the other parts of its employees, sub-Consultants, agents or assignees in discharge of its contractual obligation under this Contract.

CONTRACTOR’S Manpower shall execute the works in accordance with all the requirements and criteria in the contract and in accordance with standards of care and diligence generally practice and expected by Contracting Firms possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.

18.2 Defects

CONTRACTOR, at his own expense, carry out any alterations or remedial maintenance work necessitated by reason of such errors and omissions for which he is responsible and modify the drawings and information accordingly.

18.3 Limitation

It is also understood that CONTRACTOR has no responsibility of fulfilling any obligations out of the obligations defined in this Contract.

18.4 Insurance Cover

Without prior prejudice to article 20.4,CONTRACTOR shall take all insurance for his own providied manpower at site (such as medical, life, accident, workmen compensation etc.) in accordance with the Qatari laws and regulations of the State of Qatar.

Such certificate and policies shall be issued by a reputed insurance company operating in the stste of Qatar.

18.5 Violation of Rights of Third Parties

CONTRACTOR shall be responsible for violation of the rights of third parties unless he has not been given correct information concerning these provision or rights or that he has brought to the notice of the OWNER/QNCC such liability beforehand.

18.6 Contracts by Contractor

CONTRACTOR shall collect all the necessary information required for the execution and discharge of its obligation and services as stated under this Agreement and shall initiate and activate all necessary contracts for this purpose. The OWNER/QNCC shall assist in facilitating when possible.

19. DEFECT LIABILITY/MAINTENANCE PERIOD

Defect liability/Maintenance period means the respective period covering any defect/defualt in the refractory installation work executed and done by the CONTRACTOR’S manpower and such period is starting from the date of provisional acceptance certificate for a period of 12 (twelve) months and ended after forty five(45) days from the date of issuance of Final Acceptance Certificate by the QNCC/OWNER.

20. NOTICES

All notices under this Contract shall be given in writing and will be deemed to have been given if delivered by one of the following means:

- By fax transmission

- By e-mail transmission confirmed by fax or express courier

- By express courier or telegram transmission

At the specific designation of the Parties set forth in the Form of Agreement.

21. LANGUAGE OF THE CONTRACT

The language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence, General Conditions of Contract etc. shall be in the English

language. In case of these Contract documents being translated into ArabicText for the benefit of any regulatory body in the State of Qatar and will arise a conflict between the English and Arabic text, the English text shall prevail.

22. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

22.1 Settlement of Disputes

In case of any dispute arising between the CONTRACTOR and the OWNER/QNCC, the parties shall first make an attempt to settle the same amicably as early as possible. If the dispute cannot be settled within 90 days of its arising, the same shall be referred to the Qatari Court(s).

22.2 Applicable Law

Applicable law shall be Qatari Law.

25.3 Works to Continue

Performance of the Contract shall continue during judicial proceedings unless the OWNER/QNCC shall order suspension thereof, and if any such suspension shall be ordered, the reasonable expenses of the Contractor occasioned by such suspension shall be included in the total lump sum price of the Contract if the Qatari Court(s) so decides. No payment due or payable by the OWNER/QNCC shall be withheld on account of pending reference to the Qatari Competent Court(s).

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INSTRUCTION TO TENDERER

TENDER GENERAL CONDITION

LETTER OF ACKNOWLEDGEMENT

FORM OF TENDER

FORM OF TENDER BOND

FORM OF AGREEMENT

TECHNICAL ASPECTS

FORM OF BILL OF QUANTITY

FORM OF BREAKDOWN PRICES

FORM OF PERFORMANCE BOND

FORM OF DOWN PAYMENT GUARANTEE

FORM OF QUALIFICATION AND EXCEPTION

GENERAL CONDITION OF CONTRACT

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