ro volume 1 instruction to tender final - arab potash

REPLACE REVERS OSMOSIS UNITS – TOWNSHIP & HUSSIEN HOUSING PROJECT

EPC Contract IFB # 202100471 /AT

APC-JBC/BA/332560/000

The Hashemite Kingdom of Jordan

The Arab Potash Company PLC

REVERSE OSMOSIS (RO) Units Replacement

EPC Contract

IFB # 202100471 /AT

Tender Documents

Volume 1

INSTRUCTIONS TO TENDERERS



APC-JBC/BA/332560/000

PREFACE TO VOLUME I This Volume is one of the below listed volumes, all of which constitute the complete set of Tender Documents for:

RO Units Replacement at Safi PROJECT

EPC Construction Contract

IFB#202100471 /AT

Volume 1 Instructions to Tenderers Conditions of Contract

Volume 2 Employer’s Requirements Volume 3 Schedule of Prices Volume 4 Drawings Volume 5 Annexures



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Contents 1. Scope of Tender ............................................................................................................................... 4

a- Introduction ........................................................................................ 4 b- Project Description: ............................................................................ 4

2. Source of Funds ............................................................................................................................... 5 3. Prequalified Tenderers ....................................................................................................................... 5 4. NOT USED ....................................................................................................................................... 5 5. Qualifications of the Tenderer ........................................................................................................... 5 5.2 NOT USED ........................................................................................ 7 5.3 NOT USED ........................................................................................ 7 6. One Tender per Tenderer ................................................................................................................... 7 7. Cost of Tendering .............................................................................................................................. 7 8. Site Visit ........................................................................................................................................... 7 9. Tender Documents ............................................................................................................................ 8 10.Clarification of Ambiguities ........................................................................................................... 8 11.Amendment of Tender Documents ....................................................................................................... 8 12.Language of Tender ........................................................................................................... 8 13.Documents Comprising the Tender ...................................................................................................... 8 14.Tender Prices ......................................................................................................... 10 15.Currency of Tender and Payment ....................................................................................................... 10 16. Validity of Tenders ......................................................................................................... 11 17.Tender Security ......................................................................................................... 11 18.Alternative Proposals by Tenderers .................................................................................................... 12 20.Format and Signing of Tender ......................................................................................................... 12 21.Submission of Tenders ......................................................................................................... 12 22.Deadline for Submission of Tenders ................................................................................................... 17 23.Late Tenders ......................................................................................................... 17 24.Modification and Withdrawal of Tenders ........................................................................................... 17 25.Tender Opening ......................................................................................................... 17 26.Examination of Tenders and Determination of Responsiveness .......................................................... 17 27.Evaluation of Tenders ......................................................................................................... 20 28.Method of Checking of Tenders ......................................................................................................... 20 30.Award ......................................................................................................... 22 31.Employer 's Right to Accept any Tender and to Reject any or all Tenders ........................................... 22 32.Notification of Award ......................................................................................................... 22 33.Signing of Contract ......................................................................................................... 22 34.Performance Security ......................................................................................................... 22 35.Laws and Registration ......................................................................................................... 23 36.Correspondence: ......................................................................................................... 23



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1. Scope of Tender

a- Introduction The Arab Potash Company Ltd hereinafter referred to as "the Employer" or “the owner”, wishes to receive tenders for the works related to REVERSE OSMOSES UNITS REPLACEMENT as described in the tender documents. The Works are located in existing Employer (APC) township facilities in Ghor Al-Safi about 110 kilometers south of Amman and 200 kilometers north of Aqaba.

All construction materials and components used in the construction and installation of system equipment shall be new, unused, and free of all defects and imperfections.

The Arab Potash Co. intend to replace the old Reverse Osmosis (RO) at Township in addition to installing a new RO unit at Al Hussein Housing on a lump-sum EPC turn-key contract basis. All equipment to be from US, EU, Japan, Canada, or Australian source. Produced Drinking water must fulfill the Jordanian Standard for drinking water JS 286-2015. Feed water is well water with the specifications detailed in this tender documents. Technical and financial offers should be submitted in accordance with the items mentioned.

b- Project Description:

The project is to Design/Engineer, Procure/Supply, Construct and Commission two RO units as per following specifications:

i- Unit Capacity: The units shall have the capacities indicated in the following table.:

Parameter Unit The amount of treated water required for the Township

m3/day 500

The amount of treated water required for the Al Hussein Housing

m3/day 200

Number of RO Unit Systems: Township Unit 1 Al Hussein Housing

Unit 1

ii- Feed water Analysis:

The RO unit will receive well water as feed with guidance specifications described below. These analyses are for guidance only with no responsibility on APC, the tenderer shall carry out his



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own analysis and submit these as the basis for his proposed technical design of the Reverse Osmosis System unit leading to the production of drinking water that complies with the latest Jordanian standards of drinking water which shall be included in the offer.

sample Cond. PH T.D.S Tur. AlK. SiO2 Na+ T.H Cl-

S/cm PPM NTU (HCO3)PPM PPM PPM PPM PPM

572 935 260 25.6 252 8 1646.4 7.51 2940 خزان المزرعة

400 684 168 22.1 251.00 11 1187.2 7.3 2120 )5+4خزان رقم (

iii- Infrastructure:

The Tenderer representatives must visit the site and familiarize himself with existing infrastructure and set up related to the RO/water treatment at APC. For guidance, the following infrastructure information might be used: - For township: Arab Potash Company have two concrete storage tanks with capacity of 2000

m3 for each, one for raw water and one for treated water (drinking water). - For Al Hussein Housing: Arab Potash Company have two storage tanks, one for raw water

with capacity 2500 m3, and one for treated water (drinking water) with capacity 200 m3. - Power is 400 V, 3 phase. - Piping network and pumps exist for Feed water supply and Treated water delivery. The

Hussein housing will require three new storage tanks 200 M3 each with pumps, valves and meters, one for feed water one for treated water, and one for reject water which will be used for irrigation purposes and must meet related Jordanian Standards of irrigation water.

The detailed design and Construction shall be done by EPC Contractor on lump-sum turnkey basis.

2. Source of Funds 2.1 Funds are provided by the Employer.

3. Prequalified Tenderers Not Used

4. NOT USED

5. Qualifications of the Tenderer 5.1 The tenderers shall update the information provided in the pre-qualification procedure in addition

to other data/information specified hereof.

(a) Written Power of Attorney, signed, dated and notarized, authorizing the signatory of the tender to commit the tenderer commercial chamber or any authority.



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(b) Major items of equipment proposed for use in carrying out the Works, table to be filled by Contractor (Schedule 1).

(c) Qualifications and experience of key personnel proposed in the field of the Works for the

administration, management, engineers, skill staff and execution of the Contract, both on and off Site, including design personnel involved in design and development of shop drawings for steel and other works. The proposed key personnel shall be the Tenderer’s own staff (Schedule 2).

(d) Proposals for sub-contracting parts of the Works, any sub-contractor shall be in same grade

of the works assigned to the main tenderer. (Schedule 3). (e) Proposed manufacturers/ suppliers and Schedule of major materials submittals, such as but

not limited to valves, instruments, cables, control system, piping fittings, cable ladders and accessories. (Schedule 4).

Only Japan, USA, Western Europe, Canada & Australia are acceptable sources of origin for material, unless otherwise indicated in the specifications.

(f) Evidence of the Quality Assurance/ Quality Control Program/Safety procedures adopted in similar works. The tenderer shall submit the mentioned requirements for his similar projects executed by the tenderer in the last five years.

(g) List of injuries or LTI (Lost Time Injuries) occurred during the execution of the Contractor’s projects in the last 3 years.

(h) Detailed Program of Works and Detailed method of statement (Schedule 5).

The Program and method statement shall cover the works, with clear attainment of the milestone for completion and putting the Equipment into operation. The method statement shall present, in addition to the work methodology, how the equipment and crews will be deployed to perform the Works. In particular, the program of works and method statement shall feature the ways and the capabilities (equipment and crews) for performing such works.

(j) Breakdown in the financial offer of Bill of Quantities Unit Rates and Prices (Schedule of

prices) (Refer to Volume III) (k) Any other information required to be submitted in accordance with the Instructions to

Tenderers and the Specification. (l) Similar projects in progress and /or completed, with their value and value of outstanding

works, date of start and actual or anticipated date of completion. (m) Reports on the financial standing of the tenderer including profit and loss statements,

balance sheets and auditor's reports for the past 3 years. Audit reports for the last three years shall be authorized from a credited financial auditor.



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5.2 NOT USED

5.3 NOT USED

6. One Tender per Tenderer

6.1 Each tenderer shall submit only one tender in the same tender process. No tenderer can participate

in the same tender process as a subcontractor while submitting a tender as a main contractor. A firm, if acting in the capacity of subcontractor in any tender, may participate in more than one tender, but only in that capacity. A tenderer who submits or participates in more than one tender will cause all proposals in which the tender has participated to be disqualified. The sub-contractor proposed by the main contractor shall be classified in the same grade of main contractor or higher in the works which would be executed by him. Sub-contractor will be subject to further evaluation after awarding.

7. Cost of Tendering

7.1 The tenderer shall bear all costs associated with the preparation and submission of his tender and

the Employer will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the tendering process.

8. Site Visit

8.1 Anyone who wishes to enter this tender should be in the offices of the Projects Department,

Administration Building / Factories Site in Ghor Al-Safi, at the time and date specified in the announcement / by inviting the tender to visit the site and get acquainted with it and obtain all the necessary information for him in order to submit the offer, at his own expense and responsibility. Likewise, the tenderer must study all specifications and conditions to understand what they are and the circumstances surrounding them and other local customs, fees, workers, materials and any matters related to the bid or those that affect the price situation.

A meeting will be held after visiting the site in order to answer contractors' inquiries (if any) and

all contractors are required to prepare and submit their questions in writing in the form of an official letter

8.2 The tenderer and any of his personnel or agents will be granted permission by the Employer to

enter his premises and lands for the purpose of such inspection, but only upon the express condition that the tenderer, his personnel and agents, will release and indemnify the Employer and his personnel and agents from and against all liability in respect thereof and will be responsible for death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection.

8.3 The tenderer shall be deemed to have understood the nature of the Works and the circumstances

pertaining to the Project, as well as all local customs, the required types of labour and labour conditions, and all other conditions related to the tender or which affect his tender prices.



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9. Tender Documents

9.1 The tender documents comprise the documents listed below and any addenda issued to tenderers in

accordance with Clause 11 of these Instructions to Tenderers. Volume 1 Instructions to Tenderers and Conditions of Contract Volume 2 Employer’s Requirements Volume 3 Schedule of prices. Volume 4 Drawings. Volume 5 Annexures 9.2 The tenderer is expected to examine carefully the contents of all the above documents. Failure to

comply with the requirements of tender submission will be at the tenderer's own risk. Pursuant to Clause 26.3 these Instructions to Tenderers, tenders which are not substantially responsive to the requirements of the Tender Documents will be rejected.

10. Clarification of Ambiguities 10.1 A prospective tenderer requiring any clarification of the Tender Documents may notify the

Employer in writing or by email at the Employer's address indicated in the Invitation for Tenders (not later than 14 calendar days before the deadline for submission of the tenders). The Employer will respond to any request for clarification received earlier than 10 calendar days prior to the deadline for submission of tenders. Copies of the Employer's response will be forwarded to all participants, including a description of the enquiry but without identifying its source.

11. Amendment of Tender Documents 11.1 At any time prior to the deadline for submission of tenders, the Employer may, for any reason,

whether at his own initiative or in response to a clarification requested by a prospective tenderer, modify the Tender Documents by issuing addenda.

11.2 Any addendum thus issued shall be part of the tender documents pursuant to Sub-Clause 9 of these

Instructions to Tenderers, and shall be communicated by email and confirmed by writing to all participants. Prospective tenderers shall acknowledge receipt of each addendum to the Employer.

11.3 To afford prospective tenderers reasonable time in which to take an addendum into account in

preparing their tenders, the Employer may extend as necessary the deadline for submission of tenders, in accordance with Clause 22 of these Instructions to Tenderers.

12. Language of Tender

12.1 The tender, and all correspondences and documents related to the tender exchanged by the

tenderer and the Employer shall be written in the English language. Supporting documents and printed literature furnished by the tenderer may be in Arabic, the English translation shall prevail.

13. Documents Comprising the Tender



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13.1 The tender submitted by the tenderer shall comprise the following:

Priced Letter of Tender, together with any offered discount, and Appendix to Tender, signed and stamped by the authorized signatory of the Tenderer;

Written Power of Attorney of signatory of the tender;

Tender Security;

Instructions to Tenderers, and Conditions of Contract - and (Volume 1)signed and stamped;

Employer’s Requirements (Volume 2) singed and stamped;

Schedule of Prices (Volume 3) singed and stamped;

Drawings (Volume 4) signed and stamped;

Annexures (Volume 5) singed and stamped;

Information on eligibility and qualifications of the Tenderer including proposed tender resource and materials schedules, proposed manufacturers, tender program and method statement, proposals for sub-contracting, proposed Quality Assurance program, as per Clause 5.1 of the Instructions to Tenderers

Addenda issued during the tendering period singed and stamped;

Declaration to comply with the APC safety and HSE requirements & policies singed and stamped;

Declaration for prohibited and other payments singed and stamped;

Compliance List of Environment and Safety Requirements, signed and stamped;

and any other information required to be submitted in accordance with the

Instructions to Tenderers and the tender requirements. The information and documents required under Sub-Clause 5.1 of these Instructions to Tenderers "Qualification of Tenderers" shall serve as evidence of the tenderer's capability to carry out the Works. Unless specifically listed in the Contract Agreement, the information and documents required under Sub-Clause 5.1 of these Instructions to Tenderers, shall not be considered part of the Contract Documents. However, the tenderer will remain responsible for the validity, authenticity, and correctness of the information provided. The Employer shall base his tender evaluation on the information and documents required under Sub-Clause 5.1 and shall have the right to oblige the Tenderer to commit to a proposed manufacturer/ supplier, if approved at the Tender Stage. Notwithstanding the above, the Tenderer, if retained, shall provide submittals for Engineer’s review and approval, after contract award. The Tenderer shall be informed that if an alternative/proposed equal manufacturer/supplier is proposed after contract award, the Engineer shall have the right to reject such manufacturer/supplier as per contract documents, if not in compliance with the contract documents. The Contractor shall bear the results of delays associated with the review of such submittals.



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13.2 The submitted documents shall be filled in and completed without exception.

14. Tender Prices 14.1 The Tender shall be for the whole of the Works described in the Employer’s Requirements

(Volume 2) and as requested in the tender

14.2 Breakdown shall be submitted for the major activities as per Schedule of Prices (Volume 3) 14.3 For the purposes of this Contract, the Successful Tenderer is exempted from paying customs duties

for the imported Materials/Equipment which are part of the permanent Works provided that all material will be imported at the name of the Employer (Arab Potash Company).

14.4 The rates and prices quoted by the tenderer are not subject to any adjustment during the

performance of the Contract. 14.5 The unit rates in the Price Schedules shall be used for the new items having the same nature of

Works.

15. Currency of Tender and Payment 15.1 The unit rates and prices shall be quoted by the tenderer in Jordanian Dinars.



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16. Validity of Tenders 16.1 Tenders shall remain valid for a period of 120 days after the latest tender submission date. 16.2 In exceptional circumstances, prior to expiry of the original tender validity period, the Employer

may request that the tenderers extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing. A tenderer may refuse the request without forfeiting his tender security. A tenderer agreeing to the request will not be required or permitted to modify his tender, but will be required to extend the validity of his tender guarantee, for the period of the extension, and in compliance with Clause 17 of these Instructions to Tenderers in all respects.

The offer may not be withdrawn after submission and it is considered binding for the bidder for a period of 120 days starting from the last date that was set for depositing the offers or specified in the tender invitation a commitment period longer than this period. If the tenderer requests to withdraw his offer during this period, it will be a reason to forfeiting the bid bond.

17. Tender Security

17.1 The tenderer shall furnish, as part of his tender, a tender security in the form of a bank guarantee

the amount is specified in the invitation letter. Tender Security shall be valid for a period of 120 days after the latest tender submission date.

17.2 NOT USED 17.3 The tender security shall be in the form of a guarantee from a bank located in Jordan and licensed

in Jordan. The format of the bank guarantee shall be in accordance with the sample form of tender security included in the Tender Documents.

17.4 Any tender not accompanied by an acceptable tender security shall be rejected by the Employer as

non-responsive. 17.5 The tender security of the unsuccessful tenderers will be returned as promptly as possible, but not

later than 28 days after the expiration of the period of tender validity. 17.6 The tender security of the successful tenderer will be returned when the tenderer has signed the

Contract Agreement (if any) and has furnished the required Performance Guarantee. 17.7 The tender security may be forfeited:

(a) if the tenderer withdraws his tender during the period of tender validity;

(b) if the tenderer does not accept the correction of his tender price, pursuant to Sub-Clause 28.2 of these Instructions to Tenderers; or

(c) in the case of a successful tenderer, if he fails within the specified time limit to

(i) sign the Contract Agreement, (if any) and/or (ii) furnish the required Performance Guarantee.



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18. Alternative Proposals by Tenderers

18.1 Tenderers shall submit offers that fully comply with the requirements of the Tender Documents,

including the technical design as indicated in the Drawings and Employer’s Requirements. Alternatives might be considered. The attention of tenderers is drawn to the provisions of Clause 26 of these Instructions to Tenderers regarding the rejection of tenders which are not substantially responsive to the requirements of the Tender Documents.

19. NOT USED

20. Format and Signing of Tender

20.1 All documents shall be stamped, signed, dated, completed and returned as described in the Instructions to Tenderers.

20.2 The "ORIGINAL" and "THREE COPIES" of the tender shall be typed or written (in the case of

copies, Photostats are also acceptable) and all pages of documents shall be stamped, signed/initialed by a person or persons duly authorized to sign on behalf of the tenderer, pursuant to Sub-Clause 5.1 (a) of these Instructions to Tenderers, as the case may be. All pages of the tender where entries or amendments have been made shall be initialed and stamped by the person or persons signing the tender.

20.3 The tender shall contain no alterations, omissions or additions, except those to comply with

instructions issued by the Employer, or as necessary to correct errors made by the tenderer, in which case such corrections shall be stamped and initialed by the person or persons signing the tender.

21. Submission of Tenders

21.1.1 The offer shall be submitted in the (Bid Form) included in the Financial offer folder, the tenderer shall properly fill the form and its attachments and prepares unquoted schedules of quantities in the technical offer, and priced BOQ to be included in the financial offer (unit price and total price) and according to the attached form. Tenderer shall fill all the required information and prices, sign and stamp all tender pages where specified by the company’s presidents or a person who is legally authorized to sign for this purpose. As for the technical specification and drawings shall be stamped and signed by the designer and the relevant parties later after the referral.

21.1.2 Prices for the required materials shall be based on the quantities executed and according to the prices of the units mentioned in the Bill of Quantities, prices include the purchase price, packaging, shipping, transportation, supply, manufacturing, installation, etc. and taxes including sales tax, and any other fees known according to the laws prevailing in the Hashemite Kingdom of Jordan. Basic materials included in the project are exempted from customs duties provided that these materials are imported in the name of the Arab Potash Company.

It is required to fill the unit prices box in the BOQ with numbers and words clearly.



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21.1.3 All prices given for all BOQ items submitted by the bidder are considered as the full and comprehensive value to complete the works in a deliverable manner and they also include preparations and tenderer profits and compensation for any other obligations that he may incur according to this contract including the Employer requirements for safety.

21.1.4 No amendment to be made for the bidding documents by the bidder. If the bidder makes any amendment or if he violates any of these instructions, then his offer might be rejected. But if the bidder wants to submit an alternative offer, he can submit that in a separate special note attached to the offer, provided that shall submit the original offer as required in these conditions, and the procurement committee have the right to consider or reject this alternative offer.

21.1.5 The bidder should submit his offer according to the required format as in these instructions and the invitation to tender. For the purposes of technical evaluation, the bidder must provide the following data and information:

a- The organizational structure of the company

- The Company’s name.

- The number of years of experience as a main contractor and the number of years of

experience as a subcontractor.

- Presenting the organizational structure of the company, including the job and responsibilities for each person, with providing expertise to the main key technical staff, both in the workshops for manufacturing works, and the project site for installation works, and for engineers the list to certified by the Engineers Association.

- A valid classification/license registration certificate. - Power of Attorney letter to the authorized person from the bidder, accredited from

official authority.

b- The financial position of the company

- The capital of the company is duly certified.

- Bank facilities and credits granted to the contractor duly documented. - Certified company budget for the last three years, stamped by an authorized party.

- A list of projects & value for the works that are currently under construction by the

tenderer.

- A list of projects and value of the work that the contractor has worked on during the past five years, indicating the type of work for each project.

c- Joint Venture

JV under this tender is not allowed



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d- Subcontractors List of sub-contractors intended to assigned by the tenderer, provided that the sub-contractor is classified within the same category to which the main contractor belongs, with the same degree or higher degree, knowing that naming such sub-contractors and/or (consultant) designer for this project does not exempt the contractor from taking the approval from the Employer to adopt them.

e- The company’s experiences in similar projects

f- The design Name and expertise of the technical staff who will review the attached design plans and be responsible to issue the shop drawings.

g- The company’s achievements and projects in the last five years including the name of the owner, the scope of work, the value of project, its duration and completion dates, clarifying if these where completed within the period or not, with explanations of the reasons behind delays.

h- Any additional information regarding the technical evaluation of the tender.

i- The tenderer must include in his technical offer the proposed work program for the completion of

each stage, in addition to the complete project activities within the project duration, in the form of a work flow bar chart and on the MS project.

j- The tenderer shall submit in his technical presentation (Method of statement) indicating how to

complete each stage in addition to the entire project work in his time and within the capabilities of the tender, and the work mechanism must indicate the lifting plan including the location cranes and the capacity of lifting of these equipment with the attachment scheme of the proposed crane.

k- The tenderer shall indicate the country of origin of the offered goods, the manufacturer, the trade

name and the model.

l- Fill out the Contractor Obligation Form (D-11).

21.1.6 If it is required in the announcement, Tenderer shall include with the offer a financial bank guarantee for the benefit of the Employer and to his order, in the amount and period specified in the (tender annex) or announcement, as evidence of The bidder’s commitment to enter into the tender, and this guarantee must be issued by a bank or financial institution licensed to operate in Jordan. These guarantees shall be returned to the bidders who did not win the tender within a period of (28) days from the date of the bid award decision. For the winning bidder this warranty shall be returned to him after he submits the performance bond and signs the contract.

21.1.7 The full tender address in Jordan, including the phone number, fax and e-mail, if any, to which all letters and notices will be directed to him, and every notice or letter sent to this address shall be deemed to have been delivered by hand, provided that the written receipt of the notice is confirmed.



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21.1.8 The tenderer must submit in the financial offer detailed Bill of Quantities for all the project works, provided that the design works, if any, are among these prices and that the quantities contained therein shall not be less than 100% of the actual quantities and the quantities executed according to the design drawings or the actual amount after the completion of the works, whichever is less.

21.1.9 To provide price analysis for the main items in the tender in the financial offer indicating the costs of materials, equipment, manufactures, administrative expenses and profits to complete the works items. Any offer not accompanied by an analysis of the prices of the main items will be subject to rejection.

21.2 The Tenderer shall seal the original of the Tender and the Tender Security, forms of other and

prohibited payments, and three copies of same in separate envelopes, clearly marked "ORIGINAL", "COPY 1”, “COPY 2" and “COPY 3”, which shall then be sealed in an outer package. In the event of discrepancy, the original shall prevail.

All documents shall be duly stamped and signed by an authorized person. 21.3 The package and inner envelopes shall:

a) The inner Envelope No.1 shall bear the following clear identification:

- ENVELOPE NO. 1 "TECHNICAL DOCUMENTS" - Name of Tenderer - Address of the Tenderer and shall contain:

1. Delegated authority of signatory to Tender Documents.

2. Tender security pursuant to Clause 17 of the Instructions to Tenderers (to be submitted in a separate Envelope attached to Envelope No. 1).

3. All information listed in Clause 5 of Instructions to Tenderers.

4. Declaration To Comply with Health, Safety and Environment Requirements.

5. Declaration of other payments and declaration for prohibited payments.

6. Volume 1: Conditions of Contract (without pricing).

7. Volume 2: Employer’s Requirements.

8. Volume 4: Drawings.

9. Volume 5: Annexures

b) The inner Envelope No.2 shall bear the following clear identification: - ENVELOPE NO. 2 "COMMERCIAL" - Name of Tenderer - Address of the Tenderer and shall contain:

1. Volume 3: Price Schedules



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2. Priced Letter of Tender including Appendix to Tender.

3. Analysis of prices.

c) Only tender original Drawings are to be submitted with Tender signed and stamped. The Tender Security, the ORIGINAL and the COPY, shall be delivered in separate envelopes

attached to Envelope No. 1 of the ORIGINAL package and similarly to Envelope No. 1 of the COPY package. (a) be addressed to the Employer at the following address:

Arab Potash Company Ltd. Procurement Department P.O.Box:1470 Amman, 11118 Jordan Tel: +962 6 5200520 Fax: Attn: Mr. Yousef Faouri

(b) bear the following identification:

Tender for Building RO Units Replacement at Safi Project

EPC Construction Contract IFB Number 202100471

DO NOT OPEN BEFORE: Refer to Invitation to Tender.

Each of the two inner envelopes "ORIGINAL" and "THREE COPIES" shall contain all documents listed in Sub-Clause 13.1; the latter are to be returned with the Tender together with three copies of the completed documents and other information listed in Sub-Clause 5.1 and 5.3.

21.4 In addition to the identification required in Sub-Clause 21.2 of these Instructions to Tenderers, the

Tender shall indicate the name and address of the tenderer to enable the tender to be returned unopened in case it is declared "late" pursuant to Clauses 23 and 24 of these Instructions to Tenderers. Any notice or letter sent by registered mail to the said address shall be considered as if it had been delivered to him.

21.5 If the package is not sealed and marked as above, the Employer will assume no responsibility for

the misplacement or premature opening of the tender. 21.6 In addition to the submission of the tender in accordance with this Clause, and Clause 20 of these

Instructions to Tenderers, the tenderer shall return one copy of all other documents provided to him for tendering.

21.7 Tenders shall be submitted by hand to the address mentioned above. 21.8 Contractor shall follow the format of the transmitted documents for any other submitted document.



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22. Deadline for Submission of Tenders 22.1 Tenders must be received by the Employer at the address specified above no later than (refer to

Invitation to Tender). 22.2 The Employer may, at his discretion, extend the deadline for submission of tenders by issuing an

amendment in accordance with Clause 11 of these Instructions to Tenderers, in which case all rights and obligations of the Employer and the tenderers previously subject to the original deadline will thereafter be subject to the deadline as extended.

23. Late Tenders

23.1 Any tender received by the Employer after the deadline for submission of tenders prescribed in

Clause 22 of these Instructions to Tenderers will be returned unopened to the tenderer.

24. Modification and Withdrawal of Tenders 24.1 The tenderer may modify or withdraw his tender after tender submission, provided that written

notice of the modification or withdrawal is received by the Employer prior to the deadline for submission of tenders.

24.2 The tenderer's modification or withdrawal notice shall be prepared, sealed, marked and delivered

in accordance with the provisions of Clause 21 of these Instructions to Tenderers, with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL”, as appropriate.

24.3 No tender may be modified by the tenderer after the deadline for submission of tenders. 24.4 Withdrawal of a tender during the interval between the deadline for submission of tenders and the

expiration of the period of tender validity specified in the Form of Tender may result in the forfeiture of the tender security pursuant to Clause 17 of these Instructions to Tenderers.

25. Tender Opening 25.1 The Employer will open Envelope No. 1 (Technical Documents) only and examination and

evaluation of Documents will be in private. Unsuccessful Applicants will be advised to take back their sealed Envelope No. 2 comprising the priced Tender and Contract Document.

Envelope No. 2 comprising the priced Tender Document for the qualified successful Applicants

will be opened, examined and evaluated in private. 25.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Tenders for which an

acceptable notice of withdrawal has been submitted pursuant to Clause 24 of these Instructions to Tenderers shall not be opened.

26. Examination of Tenders and Determination of Responsiveness



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The Procurement committees of Arab Potash Company will audit the offers and evaluate them according to the policies of the Arab Potash Company and the attached particular conditions. Bidder shall familiarize himself with these conditions.

26.1 Evaluation of tenders will consist of two stages: stage one involves “Technical evaluation”. Only

Bidders whose technical offer is satisfactory will be considered for the second stage, which consists of the “Commercial evaluation”.

After receiving the offers, a technical committee will be formed to evaluate the offers technically, so that the technical offers are accepted for contractors who pass the technical evaluation according to the item (20) and any information or reference approved by the committee. In addition, to check documents completeness and conformance to the bid requirements.

The offer is considered technically rejected if:

1- If he does not provide the information required of him in the instructions to tenderer 2- There were fundamental violations / deviations from the terms and documents of the bid. 3- If his records according to the Social Security corporation and his records with the Potash Company in previous projects indicate a failure to comply with the conditions of Health & safety requirements and occupational safety. (the contractor must provide a statement of all his employees from the Social Security Corporation).

Prior to the detailed evaluation of tenders, the Employer will determine whether each tender; (i)

has been properly signed; (ii) is accompanied by the required securities; (iii) is substantially responsive to the requirements of the Tender Documents; and (iv) provides any clarification and/or substantiation that the Employer may require.

26.2 A substantially responsive tender is one which conforms to all the terms, conditions & tender

requirements and specifications of the Tender Documents, without material deviation or reservation. Conforms to the items

26.3 The technical evaluation will consider the data/information specified in the clause 5. The scoring

method will be applied, for the major criteria and as follows:

Reference Category Score (%) 1 Qualifications and experience of key personnel

proposed in the field of the Works for the administration, management, engineers, skill staff and execution of the Contract including design personnel involved in design and development of shop drawings for all works. The proposed key personnel shall be the Tenderer’s own staff (Schedule 2).

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2 Compliance with Safety and Evaluation of the list of LTI (Lost Time Injuries) occurred during the last 3 years stamped from the Social Security Corporation.

5

3 Detailed Program of Works and Detailed method statement (Schedule 5).

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Reference Category Score (%) The method statement shall present, in addition to the work methodology, how the equipment and crews will be deployed to perform the Works. In particular, the program of works and method statement shall feature the understanding and the capabilities (equipment and crews) for performing such works.:

4 Similar projects in progress and /or completed, with their value/ value of outstanding works, date of start and actual/ anticipated date of completion supported by document from Jordan Contracting association

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5 Compliance with tender documents 5 6 Quality Control /Quality Assurance and safety

manual 10

7 Financial Statement- 2 years of financial statement supported with stamped independent financial auditor & Bank facilities letters .

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8 APC Reference 5 Total 100

Total 100% The minimum passing score for technical evaluation is 70%. The evaluation will be based on 60 % Technical + 40 % Financial

The sub-contractors will be subject to the above evaluation in regard to the field of the assigned works, if any of the sub-contractors fails will lead to reject the tender. • Matrix for Tender’s Evaluation will be according to below formula based on 40% weight for commercial evaluation and 60% weight for technical evaluation. • Final Score = = ((Weight Of Technical Evaluation) *(Technical Score)) + ((Weight Of Commercial Evaluation)*(Least Price/Bidder Offer)).

26.3 If a tender is not substantially responsive, it will be rejected by the Employer, and may not

subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

The financial / commercial offer will be opened only for technical offers that are considered acceptable provided that the technical offer mark exceeds (70) marks or more. The same criteria will apply to subcontractors, if any.

Financial evaluation

A financial committee will be formed to evaluate the financial offers of the companies that have been qualified in the technical evaluation above. For the companies that have not been qualified, their financial offers will not be considered.



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23.5 If a tender is not substantially responsive, it will be rejected by the Employer, and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

27. Evaluation of Tenders

27.1 Information relating to the examination, clarification, evaluation and comparison of tenders and

recommendations for the award of a contract shall not be disclosed to tenderers or any other persons not officially concerned with such process until the award to the successful tenderer has been announced. Any effort by a tenderer to influence the Employer's processing of tenders or award decisions may result in the rejection of the tenderer's tender.

27.2 To assist in the examination, evaluation and comparison of tenders, the Employer may, at his

discretion, ask any tenderer for clarification of his tender, including breakdowns of unit rates. The request for clarification and the response shall be in writing, but no change in the price or substance of the tender shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Employer in the evaluation of the tenders in accordance with Clause 28 of these Instructions to Tenderers.

27.3 The Employer will evaluate and compare only the tenders determined to be substantially

responsive in accordance with Clause 26 of these Instructions to Tenderers. The Employer’s evaluation will be based on both the technical and the commercial offers of the Tenderers. The technical and the commercial offers will be allocated respectively 60% and 40% of the total score.

27.4 In evaluating the tenders, the Employer will determine for each tender the Evaluated Tender Price

by adjusting the Tender Price as follows:

(a) Making any correction for errors pursuant to Clause 28 of these Instructions to Tenderers; (b) Excluding Provisional Sums and the provision, if any, for Contingencies in the Summary

Bill of Quantities, where priced competitively;

(c) Making an appropriate adjustment for any other acceptable variations, deviations;

(d) Converting the amount resulting from applying (a) to (c) above to a single currency in accordance with Clause 15 of these Instructions to Tenderers.

27.5 NOT USED 27.6 The Tenderer shall make himself aware of the Contractor's responsibilities under the Contract,

with regards to the protection of the environment. Evidence of strong environmental awareness shall be provided in the tender.

28. Method of Checking of Tenders

28.1 Tenders determined to be substantially responsive will be checked by the Employer for any

arithmetic errors. Errors will be corrected by the Employer as follows:



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(a) where there is a discrepancy between the amounts in figures and in words, the amount in words will govern; and

(b) where there is a discrepancy between the unit rate and the line item total resulting from

multiplying the unit rate by the quantity, the unit rate as quoted will govern, unless in the opinion of the Employer there is an obviously gross misplacement of the decimal point in the unit rate, in which case the line item total as quoted will govern and the unit rate will be corrected.

(c) If there is an error in any of the calculations, the total amount shall be corrected and this

corrected amount is binding to the bidder.

(d) If it is found that the bidder did not price one or more items, the employer has the right to either refuse the offer or consider these unpriced items as if they were included with other bid items, and the bidder should execute them if this bidder wins without any extra cost. (e) If the bidder priced an item erroneously or exaggeratedly, the committee has the right to reject his offer or to amend the prices based on the prevailing market prices and the prices of other bidders, provided that the total value of the bid after amendment remains equal or less than the bid value after this amendment.

28.2 The amount stated in the Letter of Tender will be adjusted by the Employer in accordance

with the above procedure for the correction of errors and, with the concurrence of the tenderer, shall be considered as binding upon the tenderer. If the tenderer does not accept the corrected amount of tender, his tender will be rejected, and the tender security may be forfeited in accordance with Sub-Clause 17.7(b) of these Instructions to Tenderers.

28.3 Any incomplete offer shall be excluded, and defective offers shall not be considered (unclear, possibly more than one interpretation, lacking in the description of the specifications of any article). This is up to Arab Potash Company. 28.4 The company reserves the right to neglect any offer that is not compliant with all that is stated in these instructions. He also reserves his right to refuse any offer without stating the reasons, and has the right to choose the offer he deems appropriate and to transfer the bid without being bound by the lowest bid price and all this can be done without any bidder having any rights to claim the employer for any compensation.

28.5 The company may neglect any offer submitted by a bidder who previously showed shortcoming in performance or failed to commit in previous contract, or failed to apply / adhere to the safety policy followed in the Arab Potash Company, or plagiarized the representation of any organization or claim that it is sales agent . 28.6 The company has the right to increase or decrease the required quantities contained in the bill of quantities based on the company's need and within (±25%) with the same conditions and prices.

29. NOT USED



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30. Award 30.1 Subject to Clauses 27 and 31 of these Instructions to Tenderers, the Employer will award the

Contract to the tenderer whose tender has the most economically advantageous price.

31. Employer 's Right to Accept any Tender and to Reject any or all Tenders 31.1 Notwithstanding Clause 30 of these Instructions to Tenderers, the Employer reserves the right to

accept or reject any tender, and to annul the tendering process and reject all tenders, at any time prior to award of Contract, without thereby incurring any liability to the affected tenderer or tenderers or any obligation to inform the affected tenderer or tenderers of the grounds for the Employer's action. The Employer is not obliged to award the Contract to the tenderer with the lowest tender price.

32. Notification of Award

32.1 NOT USED 32.2 Prior to expiration of the period of tender validity prescribed by the Employer, the Employer will

notify the successful tenderer that his tender has been accepted. This (hereinafter and in the Conditions of Contract called the "Contract Agreement” shall name the sum which the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the Contract (hereinafter and in the Conditions of Contract called "the Accepted Contract Amount”).

32.3 The notification of award will constitute the formation of the Contract.

32.4 Upon the furnishing by the successful tenderer of a performance guarantee, the Employer will promptly notify the other tenderers that their tenders have been unsuccessful.

33. Signing of Contract

33.1 At the same time that the Employer notifies the successful tenderer that his tender has been accepted, the Employer will send the tenderer the Contract Agreement provided in the Tender Documents, incorporating all agreements between the parties.

33.2 Within 14 days of receipt of the Contract Agreement, the successful tenderer shall sign the Form and return it to the Employer.

34. Performance Security

34.1 Within 14 days of receipt of the notification of award from the Employer, the successful tenderer

shall furnish to the Employer a performance security in the form of a bank guarantee in an amount stated in the Appendix to Tender. The performance security shall be in accordance with the form provided in the Tender Documents. The performance security shall be valid for 30 days beyond the end of the Defects Notification Period and might be released within 30 days after the issuance of the Performance Certificate (Final Acceptance Certificateas in Sub-clause 11.9 in the Conditions of Contract.

The performance security, to be provided by the successful tenderer in the form of a bank guarantee, shall be issued by a bank located in the Jordan or a foreign bank that is licensed or



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allowed to do business in Jordan.

34.2 The performance security, to be provided by the successful tenderer in the form of a bank guarantee, shall be issued by a bank located in Jordan and is licensed in Jordan.

35. Laws and Registration

35.1 Tenderers shall familiarize themselves with the Jordanian Laws. The Tenderers shall be responsible for registration with all necessary organizations in Jordan (i.e., Ministry of Industry and Ministry of Public Works and Housing, Engineers Association, …. etc) and abroad, and pay the fees therefore, and shall be liable for any other charges and taxes including but not limited to sales taxes which are required to be paid under the Jordanian laws and regulations, as from time to time effective in Jordan.

35.2 The winning bidder for this tender must refer to the Ministry of Finance within ten days from the date of the award in order to pay the value of stamps, university fees, and any other fees that are verified according to the laws in force and such costs are included in the bid prices.

36. Correspondence: Correspondence shall be in writing stating the tender name and number and directed to:

Procurement Director, Arab Potash Company PLC. P.O. Box 1470, Amman 11118 – Jordan. Fax No. : +962-3-2305125/131 Tel. No. : +962-6-5200520 E-mail : [email protected]