1.0. SECTION 1 - ITT - INSTRUCTIONS TO TENDERERS - Updated (20230211)
1.0. SECTION 1 - ITT - INSTRUCTIONS TO TENDERERS - Updated (20230211)
1.0. SECTION 1 - ITT - INSTRUCTIONS TO TENDERERS - Updated (20230211)
SECTION 1
INSTRUCTION TO TENDERERS
Year 2023
Dubai, U.A.E
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INSTRUCTION TO TENDERERS
TABLE OF CONTENTS
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INSTRUCTION TO TENDERERS
These instructions apply to preparation of bid proposals to be submitted to Company. Tenderers
are to read the following bidding instructions thoroughly and carefully, and, to strictly follow all
the instructions and requirements stipulated herein during preparation of their proposals. Failure in
following the bidding instructions may result in rejection of a Tenderer’s proposals.
1.0 GENERAL INFORMATION
1.1 This Invitation to Tender (“ITT”) comprises the following:
TENDER ANNOUNCEMENT
SECTION 1: INSTRUCTIONS TO TENDERERS
SECTION 2: PROPOSAL CONTENTS AND FORMS
SECTION 3: TECHNICAL REQUIREMENTS AND SPECIFICATION
SECTION 4: SCHEDULE OF COMPENSATION
SECTION 5: PRO FORMA CONTRACT
1.2 PURPOSE OF ITT DOCUMENTS
The ITT are and shall remain the property of Company and are transmitted to Tenderer
solely for the purpose of preparing and submitting a Proposal by Tenderers in accordance
therewith. Tenderer shall keep confidential and shall not release any part of the ITT to any
third party, other than to have the third party prepare and submit to Tenderer a proposal for
part of the work.
Tenderer, whether it bid or not, shall handle all documents related to the present invitation
to Tender in a strictly confidential manner.
Tenderers shall comply with the criteria regulated in the technical, commercial and price
aspects of ITT in order to submit qualified proposals, especially any price quotation with
conditional terms and notes will NOT be accepted by Company.
1.3 AMENDMENT OF ITT
At any time prior to the Closing Date, Company may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Tenderer, modify the
ITT by amendment.
The amendment will be published on the same web-link of ITT download and notified in
writing to all prospective Tenderers that already provided their Bid Acknowledgment and
the prospective Tenderers shall promptly acknowledge receipt thereof by E-mail to
Company.
In order for the prospective Tenderers to have reasonable time to incorporate the
amendment into the Proposal, Company may, at its discretion, extend the Closing Date
accordingly.
2.0 DEFINITIONS
2.1 “Company” means CNOOC Iraq Limited.
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2.2 “ITT” means Invitation to Tender Documents issued by Company defined in Clause 1.0
hereof. .
2.3 “Tenderer” means a company who is intended and/or invited by CNOOC Iraq Limited to bid
and submits a Proposal in accordance with the requirements of this ITT. The Tenderers
shall be of eligible entity with qualified technical experiences and sound financial strength
and responsibility to support the execution of the work.
2.4 “Proposal” means documents submitted by Tenderers in line with the requirements of the
ITT.
3.0 PROJECT DESCRIPTION
3.1 GENERAL PROJECT DESCRIPTION
The Missan Oil Fields of Iraq includes three (3) oil fields, Buzurgan, Abu Gharab and
Fauqi, which are giant onshore oilfields located 175 kilometers north of Basra city and 350
kilometers southeast of Baghdad city in Iraq. The details specified in Section 3.
4.0 BID ACKNOWLEDGEMENT and BID DOCUMENT FEE
4.1 Within 72 hours after receipt of Tender package (“ITT”), Tenderers shall submit their
acknowledgement of receipt of the ITT package and make a confirmation of intent to or
not to submit a bid thereof by email scanned copy to Company. A format of Bid
Acknowledgement is enclosed in Section 1 of this ITT for Tenderer to follow.
4.2 The bid document purchase receipt (Tender Fee) must be received by email to emails
addresses specified in TENDER DATA SHEET(TDS) of Tender Announcement on or
before deadline. Failure to this requirement might lead to direct disqualification.
The Tender Fee Amount as specified in TENDER DATA SHEET(TDS) of Tender
Announcement, payment can be made by:
a) CASH in our financial offices in Dubai/Iraq,
Dubai office: Room 3100, 7WB, Dubai Airport Free Zone, Dubai, U.A.E,
Iraq office: FOD Office Building, Office No.138, Missan, Iraq.
b) T/T, with the transfer record sent to Financial department that the persons specified in
TENDER DATA SHEET (Contact information) for receipt, and Project name, ITT number,
Tenderers’ name and contact information should be mentioned in your email,
Company Name of Payee: CNOOC Iraq Limited
Account Bank: Citibank N.A., Dubai, UAE
Address of Bank: PO Box 749, Oud Metha Building, Al Wasl Branch, Dubai, UAE.
SWIFT CODE: CITIAEAD
Account Number: 0100745011
IBAN: AE940211000000100745011
Financial department ‘s Contact persons specified in TENDER DATA SHEET (TDS) of
Tender Announcement (Contact information).
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the Proposal by and between the Tenderers and Company shall be written in the English
language.
7.3 CURRENCY OF QUOTATION
The bid price shall be quoted in currency US$ Quotations and any other currency shall be
nullified and rejected.
7.4 PRICE
Tenderers are required to quote the prices following the format of the Schedule of Price
contained hereof in this ITT (SECTION 4: SCHEDULE OF COMPENSATION).
Unless otherwise specified, the Bid Price indicated by Tenderers shall be fixed and not
subject to variation on any account.
No any commercial or price information should be contained in a technical or commercial
un-priced proposals.
7.5 SITE VISIT
In the event that the Tenderer is advised to visit and examine the site of the work and its
surroundings to obtain for itself on its own responsibility all information that may be
necessary for preparing the Proposal. The cost of visiting the site shall be at Tenderer’s
own expense and the Tenderer shall take all risks, if any, in this regard.
Company shall provide necessary assistance to the Tenderer to obtain permission for any
of its personnel or agents to enter site of the work upon the premises for the purpose of
such inspection by prior arrangement, but only upon the express condition that the
Tenderer, whether its personnel or agents, will release and indemnify the Company and
their personnel or agents all liability in respect thereof and will be responsible for personal
injury (whether fatal or otherwise), loss of or damage to property and any other loss,
damage, cost and expenses whatever caused, which, but for the exercise of such
permission would not have arisen.
8.0 COMPOSITION OF THE BID PROPOSALS
8.1 The bid Proposal shall be prepared in three parts under separate bindings set out as follows:
PART Ⅰ- TECHNICAL PROPOSAL
PART Ⅱ - COMMERCIAL PROPOSAL
PART Ⅲ – PRICE PROPOSAL
The minimum requirements for the content and information contained in each part of
Tenderer’s bid Proposal shall be construed pursuant to the SECTION 2 of this ITT.
8.2 Each part of the Bid Proposal hereof shall be written in English in one (1) original, one (1)
copy and one (1) electronic copy and be separately put into its respective envelope
hereof in line with following table. Any Proposal which fails to separate the three parts
from the others will be rejected. The above mentioned one (1) electronic copy (in both
PDF and editable format) for each part should be added to an USB storage device and
to be included in the original proposal envelope.
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8.3 In the event of any inconsistency or discrepancy between the original bid proposal
(Technical/Commercial/Price) and copies, the original bid shall prevail. Also, the
submitted hard copy of bid Proposal shall take precedence over electronic copies for all
purposes.
9.0 BID CLOSING DATE
The bid Proposal shall be delivered and submitted no later than deadline [specified in
TENDER DATA SHEET (TDS) of Tender Announcement] (“Closing Date”), unless
Company extends the said date in writing. Proposals received after above mentioned
date shall not be taken into consideration.
10.0 SUBMISSION OF BID
10.1 PACKING AND MARKING
Bid Proposal Package shall comprise :
Six (6) separate sealed envelopes or in similar securely sealed package designated
“PARTI– TECHNICAL PROPOSAL”, “PART II- COMMERCIAL PROPOSAL”,
“and PART III- PRICE OFFER. The three (3) parts must be respectively cross-page
sealed with tenderer’s official stamp on the external wrapping and clearly
indicated.
Bid Bond must be submitted separately to Company in a sealed envelope and duly
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marked and stamped on outer envelope, as the 7th separated sealed envelope.
Each part of bid Proposal shall be submitted in complete sets, including one (1) original
marked as “ORIGINAL”, the other one (1) copy marked as “COPY” following the proper
number sequence (including electronic versions that coincide with the hard copy
presented).
For quick and convenient reference, the bid documents shall be arranged and volumed
with right insertion of page tabs in each volume to separate the sections according to the
nature and category of the contents.
10.2 BID SUBMISSION ADDRESS AND DELIVERY
The bid Proposal package shall be delivered to and received by Company at the designated
address as below no later than the time and date stated in the Clause 9.0 above unless
Company extends the opening date in writing. Tenderer shall contact following Iraq onsite
staff to prepare the entry permit formalities at least three days prior bid closing time.
Bid Proposals must be delivered to Iraqi Office [specified in TENDER DATA SHEET
(TDS) of Tender Announcement]
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hereof above, and shall be opened for acceptance at any time during this period. Company
shall have the right to request Tenderers to confirm validity of their bids for extended
period.
11.2 COST OF PREPARING BID
Submission of a bid is entirely at the discretion of each Tenderer. Any cost related to this
bid Proposal preparation and submission and any subsequent cost related to clarifications,
meetings, etc. shall be by and at the sole expense of Tenderer. Company will not contribute
towards the expenses of compiling and preparing any Bid.
11.3 OWNERSHIP
All ITT Documents issued by Company are the property of Company and shall be returned
to Company if requested after expiration of the bid and validity period. The ITT shall be
returned to Company if requested after bid closing date. Company reserves its sole
discretion to dispose the proposal submitted by Tenderer after bid closing date.
12.0 ACCEPTANCE OF BID
12.1 The key factors for this Bidding are specified in TENDER DATA SHEET (TDS) of
Tender Announcement, the failure to meet these key factors will lead to disqualification
which will not enter into the subsequent process for tender.
12.2 Company is neither bound to accept any bid submitted nor the lowest bid submitted and
also reserves the right to accept or reject any or all of the Bid proposals received at its sole
discretion and without any explanation.
12.3 Company is not bound to enter into correspondence or discussion concerning the rejection
of any or all bids. Nevertheless, after the bids have been opened, Company shall have the
right to request any or all Tenderers to explain, amplify or clarify their bids without
incurring any obligation whatsoever.
13.0 CLARIFICATION OF PROPOSAL
Tenderers shall be prepared to discuss and clarify any aspect of their Proposals at any
reasonable time in Company’s office prior to awarding the Contract.
Tenderers who submit unclear or ambiguous Proposals, or Proposals containing
inconsistencies or deviations, or more generally fail to comply with the Instructions to
Tenderers, shall bear the risks of being disqualified without a further opportunity to make
amendments.
The request for clarification and response shall be in writing and no change in the price or
content of the Proposal shall be sought or offered. Any response from Tenderers to request
for clarification received by Company after deadline required by company might be
rejected and ignored.
14.0 EXTENSION OF BID PERIOD
If for any reasonable reason Tenderer desires more time to present its bid Proposal, it may
request a time extension in writing. If the request hereof is granted, all Tenderers will then
be notified of the extension hereof and no bids will be opened until the new due date has
expired. No extensions will be taken into consideration during the last ten (10) calendar
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days of the bid period. Any requests for bid closing extension from Tenders that didn’t
acknowledge of receipt of the ITT package and make a confirmation of intent to submit a
bid SHALL not be considered and take into account by Company.
15.0 BID BOND
15.1 A bank guarantee for Tenderer amounting no less than [specified in TENDER DATA
SHEET (TDS) of Tender Announcement] as per attached specimen (Bid bond) shall be
submitted by the Tenderers to Company at the same time when the Tenderer submits his
proposal. The original validity of the bid bond shall be for the period [specified in
TENDER DATA SHEET (TDS) of Tender Announcement] as from the Closing Date and
shall be extended automatically upon mutual agreement by and between Company and
Tenderer. The bid bond hereof shall be denominated in the currency of US Dollar and/or
other required currency by Company and shall be issued by an internationally reputed
bank. The bid bond can be issued in the form of a traditional hard copy Bid Bond or issued
directly to our bank via swift message. If via swift message, tender number shall be
indicated in the message, and the receipt / record generated by bank system shall be
submitted in a separate and sealed envelope and duly marked and stamped on outer
envelope, together with other proposals.
With regard to all kinds of BID BOND, the account name for BID BOND payment and
refunds must be consistent with full name of the Tenderer. BID BOND payment and
refunds via any personal account rather than Tenderer’s account name is forbidden and
unacceptable by Company.
15.2 In case a tenderer is unable to submit a bank guarantee as bid bond the tenderer may:
(a) Transfer the amount mentioned above in clause 15.1 to our bank account (specified
in clause 4.2) in the currency of US Dollars or of equivalent value in United Arab
Emirates Dirhams. (AED 3.68 to USD 1.00). Tender number shall be indicated in
the description, and the receipt / record generated by bank system shall be
submitted in a separate and sealed envelope and duly marked and stamped on outer
envelope, together with other proposals. Tenderer must mention the Tenderer
name, tender number and title in the bank payment receipt, any receipt
without the Tenderer name, tender number and title will not be accepted by
Company and might lead to direct disqualification.
(b) Tenderers should be advised that Cheques NO LONGER BE ACCEPTED as a
Bid Bonds by Company..
(c) Pay the amount in Cash in our office in Dubai or our camp in Iraq, if the value of
the bid bond is under USD 10,000.00.
15.3 For BID BOND expiration and refunds purpose after the tendering process, the bid bond
issued in the form of a traditional hard copy of Bid Bond or issued directly to our bank via
swift message will expired automatically after the expiry date, but for the other forms of
Bid Bonds (T/T and Cash), tenderers are requested to provide detailed Bank account
information, as requested in ITT Section No.2 ATTACHMENT 2B – CORPORATE AND
FINANCIAL INFORMATION, to be used to return the Bid Bond amount after tendering
process.
15.4 The bid bond is required to protect Company against the risk of Tenderer’s conduct which
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would warrant the bid bond forfeiture. The bid bond may be forfeited if any or all situation
happens as follows:
(a) If a Tenderer withdraws its Proposal during the period of proposal Validity
specified in this ITT documents.
(b) In the case of a successful Tenderer, if the Tenderer fails:
to sign the Contract after Tenderer is notified as a successful Tenderer; or
to furnish performance bond in accordance with Clause 18 herein of this
Section.
15.5 The Bid Bond of unsuccessful Tenderers, except that of the second most competitive
Tenderers, shall be returned without interest on and after the Contract has been signed and
awarded. The bid bond of the first/second most competitive Tenderers shall be returned
without interest on and after formal signature and execution of the CONTRACT and
receipt of the performance guarantee from the successful Tenderers.
15.6 Any Proposal not accompanied by an acceptable bid bond in accordance with requirement
hereof may be rejected by Company as non-responsive subjected to bid bond forfeiture.
15.7 Any bid bond shall be provided at the Tenderer’s expense
16.0 AWARD OF CONTRACT
16.1 The Successful Tenderer will be notified by Company in writing as soon as practicable
after the bid closing date and shall, within a reasonable time, enter into Contract with
Company. Company reserves its sole discretion to determine the contract award strategy
which shall include but not limited to wholly award, split award, partial award, primary
and secondary contracts, operational and backup contracts etc. Only when both parties
sign the Contract will Company be bound to the Tenderer for the performance of its
obligations under the Contract.
16.2 TENDERERS AS SINGLE ENTITY
Company expects to contract with the successful Tenderer as a single entity. If Tenderer
intends to subcontract substantial parts of the work, Tenderer shall provide appropriate
evidence of commitment that the subcontracting relationship will be in existence within
the term of Contract if awarded.
16.3 INSURANCE
Company reserves the right to seek verification of Tenderer’s minimum insurance
coverage including insurance agent verification in the form of certificates of insurance
prior to Contract awarded.
17.0 LAW
17.1 This Bid shall be construed in accordance with and governed by the Laws of England
(without reference to its rules as to conflicts of law).
17.2 Tenderers shall also be fully aware of the Iraqi laws and regulations including but not
limited to those of Tax, Labor, Social Security, Customs duties and their latest
amendments.
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22.0 CONFIDENTIALITY
22.1 Tenderer has agreed as a condition of receiving this ITT that Tenderer shall keep the
contents of this ITT strictly confidential and shall use only such information necessary for
the preparation of the Bid.
The disclosure of information in this ITT to Tenderer hereunder shall not be construed as
granting to Tenderer a license or any rights under copyright, trade secret or any patents.
22.2 Tenderer shall not disclose to any third party all or any part of the information disclosed
by Company or otherwise obtained by Tenderer in the course of and/or as a result of the
performance of the Bid preparation hereunder.
If such disclosure is required by law or requested by governmental or regulatory agency or
legal or arbitration or other legal proceedings between Tenderer and Company, Tenderer
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24.2 Tenderer shall provide access, including audit access, to its personnel, records, documents
and the like as may be required for any reasonable purposes, including verification of the
levels and types and services to be provided by the Tenderer and of any of its proposed
subcontractors.
24.3 Tenderer is informed that Company may proceed to adjustments in the Terms &
Conditions of the Pro-forma Contract included in this ITT due to Company’s policies &
Procedures or any new Regulations in Iraq. Consequently, Company reserves the right to
insert the adjustments in the final version of the contract prior to signature.
25.0 ADDITIONAL DOCUMENT
REQUIRED FROM SUCCESSFUL TENDERER BEFORE CONTRACT AWARDING:
25.1 For successful tenderer registered inside China
The successful tenderer registered inside China should query by itself the crime record of
offering bribes of the tenderer company, its legal representative and project manager
(including chief supervision engineer and chief supervision engineer representative) from
official website and provide the query result covering the last ten (10) years, and such
query result could be screenshot via official website within last two (2) months.
25.2 For successful tenderer registered outside China
The successful tenderer registered outside China shall provide the statement in attached
format (STATEMENT Outside China Tenderer (before contract awarding)) signed by its
legal representative.
26.0 COLLUSIVE BIDDING
“Collusive Bidding” means a scheme or bidding arrangement between two or more Tenderers
designed to achieve an improper purpose, including to influence improperly the actions of another
Tenderer.
Collusive Bidding is strictly prohibited and will have serious consequences (disqualification,
blacklist, etc.) once detected.
Provided that the Bid is substantially responsive, the Company shall correct mathematical
errors on the following basis:
(a) if there is a discrepancy, in Price Proposal, between the unit price and the line
subtotal that is obtained by multiplying the unit price by the quantity, the unit price shall
prevail and the line item sub-total shall be corrected,
If the Bidder that submitted the successful evaluated Bid does not accept the correction of
errors, its Bid shall be rejected.
28.0 ATTACHMENTS
Attachments 1A, 1B, 1C, and 1D hereinafter referred to follow this SECTION.
NOTE:
The weight of each package of your bid proposal must be less than 30KG.
Write the Tender’s name, number and contact person details on express package.
BID ACKNOWLEDGEMENT
With reference to the above ITT ,we would like to inform you that we want to participate you
public tender , we have download all documents from your website on _and are in usable condition
without damage (Alternatively, please specify any documents that are missing, damaged or
unusable).
We agree to treat the contents of the package and our bid as confidential within our organization,
and we will not disclose any aspect of the package or our bid to any third party.
We would like to indicate our intention for the mentioned services as below:
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□ We WILL bid on or before the bid closing time stated in your Invitation Letter to Tender.
Further correspondence in connection with this ITT should be addressed to:
Name : Title :
Company : Address :
Phone No. : Fax No. :
E-mail :
□ We WILL NOT bid and therefore we are returning this ITT in its entirety with this ITT
Acknowledgement Letter. We decline to bid for the Work for the following reasons:
Regards,
Signature/ Date
Note:
1) Tenderer shall state by “√” or “×” in the □ above to indicate their intent to participate or not in
the Bid.
2) This Bid Acknowledgement must be signed and returned to Company by email transmittal to the
above attention no later than 72 hours after receipt of ITT package.
END OF SECTION 1, ATTACHMENT 1A
ATTACHMENT 1B
The Proposal sealed as required by the ITT shall bear the labels with full reference information as
appropriate as attached for easy identification:
NOTES:
*(1): Original or Copy as appropriate
*(2): "ONE OF X", "TWO OF X" etc., as appropriate, if more than one package.
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FOR
**********************
TENDERER’S NAME:
NOTES:
*(1): Original or Copy as appropriate
*(2): "ONE OF X", "TWO OF X" etc., as appropriate, if more than one package.
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*********************
TENDERER’S NAME:
NOTES:
*(1): Original or Copy as appropriate
*(2): "ONE OF X", "TWO OF X" etc., as appropriate, if more than one package.
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FOR
***************
TENDERER’S NAME:
NOTES:
*(1): Original or Copy as appropriate
*(2): "ONE OF X", "TWO OF X" etc., as appropriate, if more than one package.
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FOR
****************
TENDERER’S NAME:
NOTES:
*(1): Original or Copy as appropriate
*(2): "ONE OF X", "TWO OF X" etc., as appropriate, if more than one package.
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Attachment 1 C
For the purposes of this statement, a “Public Official” means (i) an elected or appointed official,
employee or agent of any governmental authority; (ii) an official of a political party; or (iii) a
candidate for public office; (iv) any other person so defined under the Anti-bribery Law.
We shall indemnify CNOOC Iraq Limited and its affiliates against any damages, losses, penalties,
costs (including reasonable legal costs and attorneys’ fees) and liabilities arising from or related to
the events underlying our admission of allegations made by any governmental authority or a final
adjudication in connection with a violation of the above anti-bribery laws.
_________________________________
Name and Signature of Legal Representative
(the “Tenderer”)
______________________________Date
Attachment 1 D
Visitors Information
1) Iraqi Visitors
Full name
Company name
Full name
Nationality
Passport No.
Birth Day
Visa Valid Date
Company name
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- Copy of the Visitors’ Passports and MOI Visa Approval, MOI Visa.
- Copy of license of the vehicle.
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