Published on March 10, 2014
ANGLE GRINDING & DRILLING MACHINE Cost Center : 88216 - General Maint.Equip. If you have any queries, please contact: Procurement Dept. : Charles Echelibe E-mail address: Charles.Echelibe@saipem.com Technical office : Florence Tel.: 583 ____________________________________________________________ For internal use RP Ref.: 11044141 Tender No. 2000291926 Head office - Lagos 28.08.2013 INVITATION TO BID Subject: Bidding Due Date 03.09.2013 HEAD OFFICE: 232 A - Adeola Odeku Street Victoria Island,Lagos State Nigeria Mail: P.O. Box N. 72996, Victoria Island, LAGOS Telephone: +234 1 7746094-95/ 2621076-78 , 1 2610319/ 2624336-37, Telefax:+234 1 2618272 / 2612401 / 2619368 SAIPEM CONTRACTING NIGERIA Paid-up capital 270.000.000 Naire 232 A - Adeola Odeku Street Victoria Island Lagos State NIgeria
Instructions for bidders INSTRUCTIONS TO TENDERERS INDEX 1 GENERAL PROVISIONS 2 MAIN TECHNICAL DOCUMENT FOR OFFER 3 ISSUING OF DOCUMENT 4 REQUEST FOR QUOTATION 5 TENDER VALIDITY 6 SUBMISSION OF QUOTATION 7 REQUIREMENTS FOR COMPLIANCE 8 ALTERNATIVE PROPOSALS 9 OTHER PROVISIONS 10 COMPLETENESS OF TENDER DOCUMENTS 11 SIGNING OF THE QUOTATION 12 TENDER EVALUATION 13 CONFIDENTIALITY AND ETHICAL BUSINESS STANDARDS 1 GENERAL PROVISIONS Tenders are requested to acknowledge receipt of the Invitation to Tender and confirm intent to bid by the closing date and time stipulated herein, within three (3) working days of receipt of this document. Such acknowledgement and advice shall be submitted in writing using the Form enclosed with the Tender Documents. For the purposes of this Tender the Tenderer shall submit all Tender documentation in English language; any correspondence and documents issued in any other language must be accompanied by a translation into English language and the text of the English version shall prevail. Tenderer shall carefully check that all the Tender Documents have been received and are complete. PURCHASER may refuse to accept or consider any Tender which does not meet the requirements of these instructions, or which is in any other way irregular. PURCHASER shall not be held liable for any expense incurred by Tenders in the preparation and submission of Tenders. The Tender shall be delivered free of charge to PURCHASER and PURCHASER shall not be liable to pay any Tenderer's costs including any subsequent Tender clarification and associated travel costs regardless of whether the Tenderer is successful or not. Tenders participation is at their sole cost and risk. The PURCHASE ORDER entered into between PURCHASER and successful Tenderer shall be based on Tender Documents. 2 MAIN TECHNICAL DOCUMENT FOR OFFER In order to achieve the target schedule, and as per para 2.5 of the equipment Supply Specification, Tenderers (Bidders) are instructed to provide the following infos with their Offer: - Filled Project data sheets; - Characteristics / performance curves, if applicable; - Deviation list to codes, specifications; - Preliminary outline drawing with all principal dimensions including maintenance space requirements and weight details; - Preliminary utility & consumption list (including electrical loads), if applicable; - Reference list of Vendor installation of similar service; - Comprehensive Inspection Test Plan; - Supplier Document List (in accordance with SDRL included in the Supply Specification); - Sub Vendor List (if different from the Sonatrach Vendor List included in the request for quotation); - Delivery schedule. Tender No. 2000291926 Pg. 2 of 8
Tenderers (Bidders) shall include in their Offer a Statement of Compliance (SOC) to declare their full acceptance of the Material Requisition, and the full compliance of the Supply with Material Requisition. SOC shall be prepared in the Tenderers (Bidders) head paper. Deviations or amendments are strongly discouraged. Eventually minor deviations inescapable for Tenderers (Bidders) shall be clearly listed and justified in a dedicated section titled #Deviations” of Vendor Technical Offer. In case the Technical Offer does not contain one of the above component plus the ones included in the SDRL table 5.11, it will be rejected and will not evaluated by Purchase and Technical Departments. 3 ISSUING OF DOCUMENT One (1) complete set of the Tender Documents shall be made available to each Tenderer free of charge. All data sheets, drawings, specifications and other information obtained by the Tenderer from any source in connection with the Invitation to Tender shall be held in strict confidence by the Tenderer, and usage of such information shall be limited to the preparation of the Tender. Tenderer undertakes, upon request by PURCHASER, to immediately return to PURCHASER, any data sheets, drawings, specifications and other documents, including all copies and reproductions thereof, in the event the PURCHASE ORDER would not be awarded. 4 REQUEST FOR QUOTATION The Request for Quotation shall consist of all documents listed in the "Letter of Invitation to Tender" together with any other document referred to therein respectively. At any time during the tendering period, PURCHASER reserves the right to modify or supplement any of the documents comprising the Request for Quotation, by issuing sequentially numbered Variation to Request for Quotation. Tenders shall include reference to the latest Variation to Request for Quotation received when submitting their Tender. 5 TENDER VALIDITY Tenders shall be valid, binding and irrevocable for a minimum of 90 (ninety) days from the Tender closing date. Only firm Tender, valid for the entire supply period shall be quoted. Should the Tenderer elect not to submit a Tender he is required: - to provide written advise, with reason(s), to reach the Procurement Department involved by no later than five (5) working days from receipt of the "Letter of Invitation to Tender", but in any case no later than the closing date; and - to return the Tender package in his entirety at his own cost. 6 SUBMISSION OF QUOTATION QUOTATIONS SHALL FALL UNDER TWO (2) CATEGORIES 1. Commercial offers below and above Ten (10) million Naira shall be up loaded through e.procurement portal. NOTE 1: EMAIL SUBJECT MUST BE SAME AS THE ONE USED TO RECEIVE THIS REQUEST FOR QUOTATION Technical submission for offer below and above Ten (10) million Naira shall be up loaded through e.procurement portal. In all instances, quotations shall be submitted in two (2) separate packages made up as follows: The Technical Package shall contain one original and two copies of all documentation relating to the technical aspects of the Tender. This shall include, but not be limited to, technical specifications, deviations from specifications, advantages of the services offered, complete data sheets and drawings and any and all other information relevant to the technical aspects of the Tender. The Commercial Package shall contain one original and two copies of all documentation relating to the commercial aspects of the Tender. This shall include, but not be limited to pricing, payment terms, guarantees, exceptions to PURCHASER's General Terms and Conditions for Purchase Order Documents, delivery, validity and duly certified Tender No. 2000291926 Pg. 3 of 8
copy of Protection and Indemnity Insurance and all other information relevant to the commercial aspects of the Tender. Technical and Commercial Packages shall be submitted simultaneously unless otherwise instructed in writing by PURCHASER. Tenders received after the closing date and time shall not be considered. Postal delays shall not constitute a claim for recognition of late Tenders. Closing date of this Bid is 03.09.2013 at 4.30pm. QUOTE Quotations shall be received either by e-procurement or by e-mail protected by password or by closed and sealed envelope. If the quotation is submitted by e-procurement, it shall be uploaded in the e-procurement website. If the quotation is submitted by e-mail, the file containing the quatati on shall be protected by a password. The password shall be communicated to the buyer by email only after a precise instruction coming from the b uyer by email. If the quotation is submitted by close and sealed envelope, the envelope shall clearly endorse: CONFIDENTIAL - DO NOT OPEN RFQ No......................... Subject........................ Bidder Name: ................... And Addressed to: ..................................... (Company Name) ........................................(Address) Marked for the attention of .....Procurement Department Mr.................................... 7 REQUIREMENTS FOR COMPLIANCE Tender shall be submitted in strict accordance with the provisions contained herein, the General Terms and Conditions for Purchase Order Documents, data sheets, drawings, specifications, instructions and all other requirements stipulated hereinafter and attached. Tenders are required to review all documents, requirements and instructions with due care, as they are mandatory for final Tender evaluation. Any "exceptions" to Commercial part and "deviations" to Technical part must be clearly defined and set forth in the Tenderer's Tender separately and shall be in the form of attachment(s) either to Commercial Package or Technical Package of Tender as appropriate. Tenderer shall not communicate with PURCHASER after the submission of the Tender. All information issued by PURCHASER to Tenderer shall be circulated to all Tenders, to the extent that such information is of interest to all Tenders. 8 ALTERNATIVE PROPOSALS Tenderer must complete and submit his Tender strictly in accordance with the Invitation to Tender. Should Tenderer wish to quote for alternative proposals the base price should be provided with alternatives as an option. Tender, in accordance with the requirement of the Invitation to Tender shall be referenced as the "Main Offer" and any subsequent offers thereto shall be referred to as "Alternative Offer(s)". 9 OTHER PROVISIONS Tender documentations which are not prepared and submitted in accordance with all the requirements set forth in the Request For Quotation may be rejected outright by PURCHASER. After review, PURCHASER may require clarifications and/or discussions with individual Tenders prior to final selection. Tenderer hereby confirms that, if invited, he shall provide requested clarifications at no cost to PURCHASER. At any time during the tendering period, PURCHASER reserves the right to request Tenderer to make available the sample(s) of Goods to be purchased under the present Request for Quotation. Tenderer if so requested shall provide the Tender No. 2000291926 Pg. 4 of 8
sample(s) at no cost to PURCHASER and within the period indicated by PURCHASER. 10 COMPLETENESS OF TENDER DOCUMENTS Tenderer shall satisfy himself that his set of Tender Documents is complete. If the Tenderer finds any discrepancies or ambiguities in the Request for Quotation he shall inform PURCHASER requesting clarification in writing. Any clarification from PURCHASER shall be advised by written reply which, when issued, shall become a part of these documents as addenda thereof. PURCHASER shall not be responsible for any interpretations made by the Tenderer as a result of information received by any means other than the Request For Quotation. No liability whatsoever shall be accepted by PURCHASER in respect of errors in Tenders due to any such discrepancy. 11 SIGNING OF THE QUOTATION If the Tenderer is a company, then Tender shall be signed by a person(s) in charge duly authorized by resolution of the Board of Directors and/or power of attorney prior to submission. A duly certified copy of such resolution and/or power of attorney shall be submitted together with the Tenderer's Tender to PURCHASER. Should a Joint Venture, Consortium or other unincorporated grouping of two or more persons and/or companies submit the Tender, Tender shall be accompanied with the following: - The original or a certified copy of the original document under which such Joint Venture, Consortium or unincorporated grouping was entered into. This document must define precisely, inter alia, the legal status of the contracting body, equity status and liability sharing agreements of the partners and the conditions under which the Joint Venture, or the Consortium or the unincorporated grouping shall function, its period of duration and the participation, interest/scope of work of the several partners; and - A document certifying the signatory authority of the signer. This document shall be signed by or on behalf of each partner. Failure to sign the Tender as aforementioned may invalidate it. 12 TENDER EVALUATION In accordance with PURCHASER's policies and guidelines, all qualified Tenders are entitled to receive equal opportunities to secure business that may result from the Invitation to Tender. PURCHASER reserves the right to adjust clerical errors in the Tender. Tenders shall not be opened in public and price(s) shall not be disclosed. PURCHASER reserves the right to accept any Tender other than the lowest, in whole or in part, or to reject all Tenders with or without notice of reasons, and if no Tender is accepted, to abandon the enquiry or to have the PURCHASE ORDER fulfilled in such other manner as PURCHASER may elect. PURCHASER reserves the right to place any portion of the PURCHASE ORDER with any Tenderer, at its sole discretion. Tenders are to indicate clearly, how such variations (if any) in the scope of supply may affect their quoted rate(s) and price(s). 13 CONFIDENTIALITY AND ETHICAL BUSINESS STANDARD 13.1 Saipem's Code of Ethics Tenderer is fully informed and have agreed to comply with Saipem's Code of Ethics, approved by the Board of Directors of SaipemSpA on July 14/2008, latest edition. 13.2 Confidentiality: The Tenderer undertakes and agrees: Tender No. 2000291926 Pg. 5 of 8
a) to treat all material information related to the Tender as strictly confidential and to take all reasonable and practicable steps to ensure and protect the confidentiality thereof, and not to disclose the existence or content thereof (whether in full or part or in extract or summary form) to any other person, except to PURCHASER; b) not to exploit any material information submitted by PURCHASER; c) not to use any material information or make copies or extracts or summaries thereof for any purpose, except the preparation and submission of tenders and supporting documents in connection with the Tender and any necessary correspondence, discussions or negotiations with PURCHASER during the term of the Tender. 13.3 Personnel/Personal Data Protection Tenderer is fully informed and has agreed that should he exchange with PURCHASER documents and information regarding personal data he shall comply with the most stringent applicable law. 13.4 Ethical Business Standards: The Tenderer undertakes and agrees: a) not to pay any commission, fees or grant any rebates to any employees or officers of PURCHASER; b) not to enter into any business arrangements with employees or officers of PURCHASER likely to result in conflicts of interest between their private financial activities and their part in the conduct of PURCHASER's business; c) not to engage in any outside interest or activity likely to detrimentally affect, or conflict with PURCHASER's best interest; d) not to favour any employees or officers of PURCHASER with gifts, transportation, entertainment or any other non-monetary favours or gratuities that are of more than nominal value or that might be construed to exceed customary courtesies extended in accordance with accepted ethical business standard. 13.5 Administrative Responsibility Tenderer receives, along with these Instructions to Tenderers, and has knowledge of the contents of the document " Organization, Management and Control Model. , including Saipems Code of Ethics drafted by PURCHASER in accordance with the legislation in force regarding the administrative liability of legal entities for offences committed by their directors, employees and/or agents. With reference to the performance of the activities under the PURCHASE ORDER, the Tenderer declares to have given and implemented instructions to its directors, employees and/or agents, aimed at preventing the commission or the attempt of any offence under the 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the "OECD Convention") as implemented in the legislation of the countries where each party is incorporated (among which, US Foreign Corruption Practices Act and Italian Legislative Decree n. 231/2001) and undertakes vis-à-vis PURCHASER to continue effectively implementing such instructions for the entire duration of the PURCHASE ORDER. The PARTIES agree that any non-compliance, even partial, with the abovementioned declarations and undertakings, reasonably resulting in adverse consequences for the PURCHASER, will be considered a material default under the PURCHASE ORDER and, as a consequence, will entitle PURCHASER to unilaterally withdraw, even during its performance, or to terminate the contract, by delivering notice via registered mail, which shall include a brief summary of the circumstances or of the legal proceedings demonstrating such non-compliance. In the event of information that could reasonably imply such non-compliance, while awaiting verification or decision, PURCHASER will have the right to suspend the performance of the PURCHASE ORDER, by delivering notice via registered mail, which shall include a brief summary of the relevant information. Should the information be obtained from the press, PURCHASER shall have the right to exercise such right when the information has been confirmed by an official document of the Judicial Authority and/or otherwise confirmed by the Judicial Authority. The exercise of such right will be to the sole detriment of the Tenderer, which shall bear, in all cases, all additional expenses and costs and shall hold PURCHASER harmless from any third-party action arising from or consequential to such non-compliance. Tender No. 2000291926 Pg. 6 of 8
CONFIRMATION OF INTENTION TO BID (this form duly filled shall be sent to the PURCHASER) Tender No.: 2000291926 Attention to: Mr/s. Charles Echelibe Saipem Contracting Nigeria Limited 19, Adeola Odeku Street, Victoria Island, Lagos, Nigeria. Dear Sirs, With reference to your Request for Quotation No.: 6000767116 We wish to inform you that: [ ] We will submit our proposal within the required closing date. [ ] We decline to bid for the following reasons : __________________________________________________ Moreover we confirm: - we have received a copy of the "Principles of Model 231" of Saipem (hereinafter called the "Code"), available also in "PDF" format on Saipem website (www.saipem.it), starting from the home page at section "Corporate Governance"; - we are informed and aware of the content of the CODE; - we undertake, also in the name of our employees and executives, to act in strict compliance with the principles of the CODE in current and/or future relations between our Company and the Companies belonging to the ENI Group for subcontracting, procurement, supply of materials and/or services in general. We inform you that our reference contact is: First Name & Surname____________________________________________ Ph. No. _________________________________________________________ Fax No. _________________________________________________________ E-mail_________________________________________________________ Place and date ___________________________________________ Signature ___________________________________________ (Stamp and signature in original) NOTE: Should the bid be submitted by a TJV - Temporary Joint Venture (formed or to be formed), this letter of confirmation to bid shall be transmitted to us by each Company of the said TJV on his own headed paper. Tender No. 2000291926 Pg. 7 of 8
Item Description Quantity UM Delivery Date ________________________________________________________________________________________________________ 1 GRINDING MACHINE 220V 3 NR 17.09.2013 PROFESSIONAL HEAVY DUTY ANGLE GRINDER OF GOOD QUALITY WITH CATALOGUE. 2 DRILLING MACHINE (SMALL) 220V 1 NR 17.09.2013 DRILLING MACHINE OF UP TO 12MM CAPACITY. ________________________________________________________________________________________________________ Tender No. 2000291926 Pg. 8 of 8
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