ref.: tender no. 9900003754 – epc pre-qualification for ... ep… · tender no. 9900003754 –...

Attention: To whom it may concern

Date: 4th

September 2014

From: Adam Grant, Contract Engineer, E-mail: [email protected]

Ref.: Tender No. 9900003754 – EPC Pre-Qualification for the Liwa Plastics Project

Dear Sir,

Oman Oil Refineries and Petroleum Industries Company SAOC (Orpic) invites Applicant to submit its

Application for the pre-qualification to tender for one, or several of the engineering, procurement and

construction (EPC) contracts on the Liwa Plastics Project (LPP) in accordance with the terms and

conditions set down in the enclosed Invitation for Pre-Qualification. Orpic intends the prequalifying

Applicants to tender for the following Work on the LPP:

� Package LPP-EPC-1: Steam Cracker with Off-Site Works & Utilities

� Package LPP-EPC-2: Polyethylene and Polypropylene Units with Off-Site Works & Utilities

� Package LPP-EPC-3: NGL Extraction Unit with Off-Site Works & Utilities

� Package LPP-EPC-4: NGL Pipeline.

Should the Applicant wish to apply to be prequalified for more than one of the above EPC packages,

then it should submit separate and entirely stand-alone Applications for each of the packages.

The pre-qualification Tender Documents comprise the following Sections:

� Section T1: Invitation for Pre-Qualification

� Section T2: Instructions to Applicants

� Section T3: Data to Be Submitted by Applicant.

Only Section T1 – Invitation for Pre-Qualification is provided; the remaining documents will be issued to

interested Applicants that pay the Tender Fee and submit to the undersigned: (i) confirmation of

payment of the Tender Fee, (ii) the information using Section T1 Appendix 1 – Applicant Details for this

Tender and (iii) signed Section T1 Appendix 2 – Confidentiality Declaration.

In the preparation and submission of the Application, the Applicants shall comply with the Tender

Documents. Orpic reserves the right to disqualify the Applicant if any of the requirements included in

the Tender Documents are not met.

Yours faithfully,

For Oman Oil Refineries and Petroleum Industries Company SAOC, Orpic

Contract Engineer

Oman Oil Refineries and Petroleum Industries Company SAOC

Tender Number 9900003754

EPC Pre‐Qualification for the Liwa Plastics Project

Section T1 – Invitation for Pre‐Qualification

Oman Oil Refineries and Petroleum Industries Company SAOC Tender No. 9900003754 – EPC Pre‐Qualification for the Liwa Plastics Project

Section T1 – Invitation for Pre‐Qualification, Rev 6, September 2014 Page 2 of 17

Contents

1.0 TERMS OF TENDER AND TENDER OVERVIEW ........................................................................................... 3

1.1 TERMS OF TENDER .................................................................................................................................... 3

1.2 DESCRIPTION OF SCOPE OF WORK ................................................................................................................ 3

1.3 TWO‐STAGE PRE‐QUALIFICATION TENDER ..................................................................................................... 4

1.4 MINIMUM REQUIREMENTS TO PARTICIPATE IN TENDER .................................................................................... 6

2.0 REQUIREMENTS TO COLLECT TENDER DOCUMENTS ................................................................................. 8

2.1 APPLICANT DETAILS SHEET .......................................................................................................................... 8

2.2 TENDER FEE ............................................................................................................................................. 8

2.3 CONFIDENTIALITY DECLARATION .................................................................................................................. 9

3.0 ORPIC CONTRACT ENGINEER ‐ CONTACT POINT ..................................................................................... 10

4.0 TENDER COLLECTION ............................................................................................................................. 11

4.1 COLLECTION OF TENDER DOCUMENTS ......................................................................................................... 11

5.0 OUTLINE TENDER PROCESS AND SUBMISSION OF APPLICATION ............................................................ 11

6.0 SUCCESSFUL PRE‐QUALIFICATION .......................................................................................................... 12

7.0 APPENDIX 1 – APPLICANT DETAILS FOR THIS TENDER ............................................................................ 13

8.0 APPENDIX 2 – CONFIDENTIALITY DECLARATION ..................................................................................... 14

8.1 DEFINITIONS .......................................................................................................................................... 14

8.2 CONFIDENTIALITY .................................................................................................................................... 14

8.3 COPYRIGHT ............................................................................................................................................ 15

8.4 RETURN OF CONFIDENTIAL RECORD ............................................................................................................ 15

8.5 FORCED DISCLOSURE ............................................................................................................................... 15

8.6 THIRD PARTIES ....................................................................................................................................... 16

8.7 VALIDITY ............................................................................................................................................... 16

8.8 MANDATE ............................................................................................................................................. 16

8.9 GOVERNING LAW .................................................................................................................................... 16

9.0 APPENDIX 3 – EPC PRE‐QUALIFICATION FLOW CHART ............................................................................ 17



1.0 Terms of Tender and Tender Overview

1.1 Terms of Tender

1.1.1 The terms and conditions applicable to this Tender Process are detailed in the

following Sections that collectively constitute the Tender Documents:

Section T1: Invitation for Pre‐Qualification

Section T2: Instructions to Applicants

Section T3: Data to Be Submitted by Applicant.

1.1.2 Sections T2 and T3 may only be available following payment of the Tender Fee and

pursuant to Article 2.0 below.

1.2 Description of Scope of Work

1.2.1 Oman Oil Refineries and Petroleum Industries Company SAOC (‘Orpic’ or the ‘Client’)

invites Applicant to submit its ‘Application’ for the pre‐qualification to tender for one,

or several of the following Engineering, Procurement and Construction (‘EPC’)

contracts on the Liwa Plastics Project in Oman (the ‘Project’ or the ‘LPP’):

Package LPP‐EPC‐1:

Steam Cracker with Off‐Site Works & Utilities


Polyethylene and Polypropylene Units with Off‐Site Works & Utilities


NGL Extraction Unit with Off‐Site Works & Utilities


NGL Pipeline.

1.2.2 The scope of the Work under the EPC contracts specified above is explained in more

detail in Article 3.0 of Section T3 – Data to Be Submitted by Applicant.



1.2.3 For the avoidance of doubt, this Tender concerns pre‐qualification only and is not a

tender for the actual EPC Work which will be tendered separately in the future.

1.2.4 The Project will be undertaken by Orpic, a company established in Oman from the

integration of three companies viz. Oman Refineries and Petrochemicals Company

LLC (ORPC), Aromatics Oman LLC (AOL) & Oman Polypropylene (OPP). Orpic is owned

75% by The Government of Oman represented by the Ministry of Finance (MOF) and

25% by Oman Oil Company SAOC (OOC) ‐ (MOF and OOC the ‘Sponsors’).

1.2.5 Orpic may create a Special Purpose Vehicle (SPV) entity for the purposes of

implementing the LPP.

1.3 Two‐Stage Pre‐Qualification Tender

1.3.1 This Tender is carried out in two pre‐qualification (‘PQ’) stages further referred to as:

‘PQ Stage 1’

‘PQ Stage 2’.

1.3.2 These Tender Documents concern PQ Stage 1 only. The documents related to

PQ Stage 2 will be issued to those Applicants who have been successful during

PQ Stage 1.

1.3.3 At PQ Stage 1, only single entities may be Applicants (not joint ventures or consortia),

i.e. Applications shall be submitted individually by each single entity even when

formation of a joint venture or consortium to participate in future tenders for the EPC

contract(s) is intended. Applicant is required to specify at PQ Stage 1 whether it

wishes to be prequalified as:

Single entity or lead partner in a future joint venture / consortium (‘PQ Tier 1’),

or

Partner in a future joint venture / consortium (‘PQ Tier 2’),

or for both PQ Tiers, i.e. PQ Tier 1 and PQ Tier 2 (this option for the case that it fails

to prequalify for PQ Tier 1 but still wishes to be prequalified as PQ Tier 2).



1.3.4 Different evaluation criteria apply depending on whether Applicant seeks to be

prequalified as PQ Tier 1 (i.e. single entity or lead partner) or PQ Tier 2 (i.e. partner).

More stringent criteria apply to PQ Tier 1, whilst less stringent criteria apply to

PQ Tier 2. However, Applicants who have been prequalified as single entity or lead

partner in PQ Tier 1 may during PQ Stage 2 elect between participating as either

single entity, lead partner, or partner. Applicants who have been prequalified as

PQ Tier 2 only will not be permitted to tender for the EPC contract as single entity or

lead partner.

1.3.5 At PQ Stage 1, no commitment or indication is required of Applicant as to the identity

of the other partners of its future joint venture / consortium.

1.3.6 Following Orpic’s evaluation of Applications submitted during PQ Stage 1, all

successful Applicants will be notified and provided the list of other successful

Applicants and their status, i.e. as single entity, lead partner or partner in PQ Tiers 1

or 2 respectively.

1.3.7 Applicants who have been prequalified during PQ Stage 1 may elect to form joint

ventures / consortia with one, or two of the prequalified Applicants according to their

respective PQ Tiers (1 or 2).

1.3.8 A flow chart is included at Appendix 3 – EPC Pre‐Qualification Flow Chart intended to

illustrate the PQ Stage 1 and PQ Stage 2 processes. Said flow chart is provided for

visualization purposes only.

1.3.9 The PQ Stage 2 process will concern the evidence of formation of the proposed joint

ventures / consortia, e.g. existing agreement, letter of intent, or memorandum of

understanding. Additionally, the terms of the proposed contractual arrangement will

be reviewed to ensure compliance with Orpic’s requirements to be stipulated in

PQ Stage 2 tender documents concerning: joint and several liability (mandatory

requirement), participating entities (prequalified according to the correct PQ Tier),

along with the proposed responsibility matrix, execution plan and authorized

representative.

1.3.10 PQ Tier 1 Applicant who has been prequalified as single entity or lead partner during

PQ Stage 1 may elect not to participate in PQ Stage 2. If it does not participate, it will



be prequalified for the tender for the respective EPC contract(s) as single entity only.

However, by opting out of participating in PQ Stage 2 the prequalified Applicant will

not be permitted to form a joint venture / consortium at a later stage. If prequalified

PQ Tier 1 Applicant participates in PQ Stage 2, it will not be permitted to tender as

single entity any longer and will be deemed to have been prequalified as lead partner

or non‐leading partner only during PQ Stage 1.

1.3.11 For the avoidance of doubt, the PQ Stage 2 instructions are not issued with these

Tender Documents and will only be provided to the successful Applicants of

PQ Stage 1 who may wish to participate in PQ Stage 2.

1.3.12 Based on the “One Bid Per Bidder” principle and in the interest of fair competition,

only one prequalified Applicant will be permitted to tender for the same EPC

contract.

1.3.13 It is Orpic’s intention to prequalify a maximum amount of 7 (seven) PQ Tier 1

Applicants for each of the tenders for the EPC contract(s) by ranking them according

to the evaluation criteria specified in Section T3.

1.3.14 Those Applicants, who have only applied for PQ Tier 1 pre‐qualification (i.e. not for

PQ Tier 2) but are subsequently disqualified following Orpic’s evaluation, may still be

recommended by Orpic for PQ Tier 2 pre‐qualification, should their Applications meet

the PQ Tier 2 requirements.

1.4 Minimum Requirements to Participate in Tender

1.4.1 This Tender is a public open tender and is open to any company, local or

international, that can meet the pre‐qualification criteria.

1.4.2 The PQ Tier 1 Applicant shall be able to demonstrate recent (in the past 10 years)

experience successfully completing in the EPC contractor role (as single contractor or

as a lead partner in a joint venture / consortium, but not as subcontractor) a project

of similar nature, size and complexity that is relevant to the prequalifying package of

Work in any of the Gulf Cooperation Council (GCC) countries.

1.4.3 The PQ Tier 2 Applicants shall be able to demonstrate recent (in the past 10 years)

experience successfully completing in the EPC contractor role a project of similar



nature, size and complexity that is relevant to the prequalifying package of Work

outside the country of its registration or in Oman.

1.4.4 Pre‐qualification requirements are stipulated in Section T3 – Data to Be Submitted by

Applicant.

1.4.5 In order to ensure that only bona fide Applications are submitted, no affiliate of the

Applicant shall be eligible to submit an Application in any capacity whatsoever unless

it can be demonstrated that there is not a significant degree of common ownership,

influence or control amongst the Applicant and the affiliate.



2.0 Requirements to Collect Tender Documents

2.1 Applicant Details Sheet

2.1.1 In order to correctly identify the Applicant and the Applicant’s point of contact for the

Tender Process, Appendix 1 – Applicant Details for this Tender shall be completed by

the Applicant and presented (scanned and forwarded via e‐mail with automatic

delivery receipt request) to the Contract Engineer before the Tender Documents can

be released to the Applicant.

2.2 Tender Fee

2.2.1 Prior to collection of the Tender Documents the Applicant is required to deposit a

non‐refundable ‘Tender Fee.’

2.2.2 The Tender Fee for this Tender is OMR 1,000 (One Thousand Omani Rial).

2.2.3 The Applicants will not be required to pay any additional tender fees for PQ Stage 2

or the respective EPC tenders.

2.2.4 The Tender Fee shall be paid into the following bank account:

Account Number: 002‐083830‐200

Bank: HSBC Bank Oman SAOG

Branch: Bait Al Falaj

Swift Code: BBMEOMRX

Account Name: Oman Refineries and Petrochemicals Co. LLC

Currency: OMR (Omani Rial)

2.2.5 A receipt confirming deposit and identifying the Applicant’s name and the Tender

number (e.g.: Int. Applicant Co. deposit for Tender No. 9900003754) must be

presented (scanned and forwarded via e‐mail with automatic delivery receipt

request) to the Orpic Contract Engineer before the Tender Documents can be

released to the Applicant.

2.2.6 It is clarified that (i) there is no IBAN for the above indicated account and (ii) payment

can only be made in OMR, i.e. not in USD, EUR or other currency. Applicant is advised



to seek assistance of its bank to ensure that the required exact amount in OMR is

received by Orpic. No queries in this regard will be entertained by Orpic.

2.3 Confidentiality Declaration

2.3.1 Prior to collection of the Tender Documents the Applicant shall sign the attached

Confidentiality Declaration (Appendix 2 – Confidentiality Declaration). The

Confidentiality Declaration must be completed, signed by an authorised person,

stamped with the Applicant’s company stamp, and be presented (scanned and

forwarded via e‐mail with receipt acknowledgement request) to the Orpic Contract

Engineer before the Tender Documents can be released to the Applicant.



3.0 Orpic Contract Engineer ‐ Contact Point

3.1.1 All communication with Orpic shall be through Clarification Requests, in writing and

addressed to the Orpic Contract Engineer:

Mr Adam Grant

E‐mail address: [email protected]

[NB: To avoid the commonly made typing error, the Applicant’s attention is drawn to the

fact that the above e‐mail domain ends with …@orpic.om, and NOT with .com].

3.1.2 Telephone enquires shall be limited to matters of urgency only and concerning solely

the obtaining of Sections T2 and T3:

Oman, working hours Sunday through Thursday, 07h00 – 16h00

Landline telephone number: +968 – 2685 3705.

3.1.3 Once Sections T2 and T3 are obtained by Applicant, no telephone enquiries (on

landline or mobile/cell/GSM) to any of the LPP or Orpic staff are permitted on

matters connected to this Tender. In the interest of transparency and fairness of the

Tender Process, all communication with Orpic shall then be through formal

Clarification Requests as described above and in more detail in Article 2.0 of

Section T2.

3.1.4 No Clarification Requests shall be entertained after the Clarification Request Closing

Date included in the table in Article 5.0 below.

3.1.5 The Applicants are requested to use the Clarification Request Form as included in

Section T2 – Instructions to Applicants.



4.0 Tender Collection

4.1 Collection of Tender Documents

4.1.1 Once the Applicant Details Sheet, Confidentiality Declaration and confirmation of

payment of Tender Fee requested in Article 2.0 above have been received, the Orpic

Contract Engineer shall issue to the Applicant the Tender Documents. The Tender

Documents will be issued by e‐mail only to the Applicant’s e‐mail addresses to be

indicated by the Applicant in Appendix 1 – Applicant Details for this Tender.

5.0 Outline Tender Process and Submission of Application

5.1.1 The proposed PQ Stage 1 Tender Process timetable is as follows:

PQ STAGE 1 ACTIVITY DATE, OMAN TIME

T1 – Invitation for Pre‐Qualification issued 04‐Sep‐2014

Tender Documents available for collection 04‐Sep‐2014

Final date for collection of Tender Documents 24‐Sep‐2014, 14h00

Clarification Requests Closing Date 25‐Sep‐2014, 14h00

Tender Closing Date (Application Submission Date) 14‐Oct‐2014, 14h00



6.0 Successful Pre‐Qualification

6.1.1 In the event that Orpic considers that the Applicant substantially satisfies or exceeds

the requirements of the evaluation criteria as set out in Section T3 the Applicant will

be prequalified either:

(i) to tender for the respective package of Work as single contractor, if

prequalified as PQ Tier 1 Applicant and not wishing to participate in

PQ Stage 2,

or

(ii) to participate in PQ Stage 2 if prequalified as PQ Tier 1 or PQ Tier 2 Applicant

and, if meeting the requirements of PQ Stage 2, to tender for the respective

package of Work as part of a joint venture / consortium.

6.1.2 Orpic will not undertake to accept any Application and reserves the right to annul the

Tender and reject all Applications at any time, without thereby incurring any liability

to Applicants.



7.0 Appendix 1 – Applicant Details for this Tender

General company information

Tender number and title 9900003754 – EPC Pre‐Qualification for the Liwa Plastics Project

Full name of Applicant company

Postal Address

City

Country

Website

Office main telephone number

Country of registration

Status in Oman (if any) Agent / locally registered branch office / Omani LLC / foreign company

Ownership details

(percentages and names, indicate where Omani)

__ % ‐

__ % ‐

__ % ‐

__ % ‐

Applicant’s authorized representative to which all Tender correspondence shall be addressed

Name Mr/Ms

Position in company

Division within company

Country based in

E‐mail address

Landline phone number

Mobile (Cell/GSM) phone number

Applicant’s additional representative to which all Tender correspondence shall be copied

Name Mr/Ms

Position in company


Country based in

E‐mail address



Applicant’s further representative to which all Tender correspondence shall be copied (optional)

Name Mr/Ms

Position in company


Country based in

E‐mail address





8.0 Appendix 2 – Confidentiality Declaration

The undersigned

(Applicant’s company name)

having its principal office in

(The ‘Applicant’) hereby declares vis‐à‐vis Oman Oil Refineries and Petroleum Industries

Company SAOC, Orpic, P.O. Box 282, PC 322 Sohar, Sultanate of Oman ('Orpic') to accept the

following terms and conditions on which Orpic is prepared to communicate to the Applicant

certain Confidential Information pertaining to the Liwa Plastics Project under the above

mentioned Tender as hereinafter defined.

8.1 Definitions

8.1.1 ‘Confidential Information’

Shall mean all knowledge, data or information acquired by Applicant from, or disclosed to

Applicant by Orpic, or on behalf of Orpic, in connection with the Tender Documents,

clarifications to the Tender issued by Orpic and the Tender process in writing, drawings,

magnetic tapes, computer programs or in any other way, as well as all knowledge, data or

information derived therefrom, to the extent that such knowledge, data or information at the

time of such acquisition or disclosure is not either already in the unrestricted possession of

Applicant or part of public knowledge or literature.

8.1.2 ‘Confidential Record’

Shall mean all Tender Documents, clarifications and any other material containing Confidential

Information.

8.1.3 ‘Third Party’

Shall mean any party other than Orpic or Applicant.

8.2 Confidentiality

8.2.1 Applicant shall preserve and cause its employees to preserve the confidentiality of any

Confidential Information.

8.2.2 Applicant may disclose the Confidential Information to its affiliates (where the Applicant has

50% or more interest in such entity or is controlled by the Applicant), officers, employees and

directors as is necessary for the preparation and submission of its Application.



8.2.3 Applicant shall not for any purpose other than the preparation and submission of an

Application:

disclose to any Third Party or enable any Third Party to note the fact that Applicant has

been invited to submit an Application and/or, if applicable, the fact that its Application is

successful;

reproduce, copy or use, or disclose to, place at the disposal of or use on behalf of any Third

Party or enable any Third Party to read, copy or use any Confidential Information;

except with the prior written consent of Orpic.

8.2.4 The undertakings above shall continue insofar and for so long as the Confidential Information

or Confidential Record in question has not:

a) become part of the public knowledge of literature otherwise than through any act or

default on the part of Applicant; or

b) been disclosed to Applicant under an obligation to maintain secrecy by a Third Party (other

than one disclosing on behalf of Orpic) who could lawfully do so and who did not derive

such Confidential Information or Confidential Record from Orpic.

8.3 Copyright

8.3.1 The copyright in any Confidential Record shall, in the absence of any express provision to the

contrary thereon, be vested in Orpic.

8.4 Return of Confidential Record

8.4.1 If Applicant declines to submit an Application or is notified that its Application is unsuccessful,

upon written notification thereof by Orpic, Applicant shall, without undue delay, destroy

electronic copies and return all hard copy Confidential Records. Notwithstanding the provisions

of this clause, the Applicant and any recipient through it, who are required to retain a copy of

documents by applicable law or to satisfy the rules or regulations of a regulatory body or stock

exchange to which they are subject or to comply with their own internal policies, shall retain

one copy of such Confidential Records and for no other purpose.

8.5 Forced Disclosure

Notwithstanding any other provision in this Confidentiality Declaration, the Applicant may

disclose Confidential Information to the extent required or requested by:

a) any order of any court of competent jurisdiction or any competent judicial, governmental

banking, taxation, regulatory or similar body;

b) the rules of any relevant listing authority or stock exchange; or

c) applicable law or regulation.



8.6 Third Parties

8.6.1 Applicant shall ensure that if under the terms of this Confidentiality Declaration any of the

Confidential Information comes to the knowledge and/or in the possession of any Third Party,

Applicant shall require from such Third Party that it shall abide by stipulations equivalent to

those contained in this Confidentiality Declaration.

8.7 Validity

8.7.1 This Confidentiality Declaration shall be valid for a period of 3 (three) years from the date

signed by the Applicant.

8.8 Mandate

8.8.1 In the event that Orpic accepts the Applicant’s Application for Pre‐Qualification and the

Applicant successfully tenders and is mandated for the Work, this Confidentiality Declaration

shall terminate and be replaced with confidentiality obligations set out in the relevant mandate

documents.

8.9 Governing Law

8.9.1 This Confidentiality Declaration shall be governed by, and construed in accordance with, the

laws of Oman.

8.9.2 The courts of Oman shall have exclusive jurisdiction to settle any dispute or claim arising out

of, or in connection with, this Confidentiality Declaration.

Agreed and accepted this

day of 2014

and signed by a duly authorized representative on behalf of the Applicant:

(Signature)

Name:

Position:

Company Stamp:



9.0 Appendix 3 – EPC Pre‐Qualification Flow Chart

Appendix 3 – EPC Pre‐Qualification Flow Chart

Future PQ Stage 2 Tender(tentatively Nov‐2014)

PQ Stage 1 Tender(subject of this Tender)

Future Work Tenders(tentatively Jan‐2015)

Tender Phase:

Section T1 PQ Tender Document issued to Applicants

Applicant to participate?

Tender Fee paid,T1 Appendix 1 completed,T1 Appendix 2 signed

by Applicant

Yes

Disqualified

All PQ Stage 1 Tender Documents released by Orpic

to Applicant

Yes

DisqualifiedNo

PQ Stage 1 Application submitted to Orpic

DisqualifiedNo

Evaluation by Orpic

Yes

PQ criteria met

DisqualifiedNo

PQ Tier 1 or

PQ Tier 2?

Yes

Prequalified by Orpic

as PQ Tier 2

Prequalified by Orpic

as PQ Tier 1

Applicant to participate in PQ Stage 2?

Disqualified

Applicant to participate in PQ Stage 2?

Prequalified as single entity

onlyNo

Form JV/Consortium as non‐leading partner with pre‐qualified

PQ Tier 1 Applicant as lead

Yes

Form JV/Consortium as lead partner

with pre‐qualified PQ Tier 2 or non‐leading PQ Tier 1 Applicant(s)

Yes

No

Yes

PQ Stage 2criteria for JV/consortia met

DisqualifiedNo

Prequalified as JV/consortium

onlyYes

No