Tender Documents - Qatar National Cement Company · PUBLIC TENDER NO.: (GTNO 0QATAR NATIONALCEMENT...

QATAR NATIONALCEMENT CO. (Q.P.S.C.)

P.O BOX 1333, DOHA, STATE OF QATAR

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PUBLIC TENDER NO.: (GTNO 08/17)

“TO EXECUTE PERIODIC REFRACTORY MAINTENANCE

SERVICES FOR REPLACEMENT OF REFRACTORY ITEMS

IN ROTARY KILNS OPERATING IN THE CEMENT PLANTS

AT UMM BAB - STATE OF QATAR, FOR 3 YEARS.”

_______________________________________________________________ TENDER DOCUMENTS 1 INSTALLATION OF REFRACTORIES

Tender Documents”

Table of Contents

Subject No of Pages

Part-1

Instructions to Tenderers 03-06

Tender General Conditions 07-12

Letter of Acknowledgement 13-14 Format of Tender Form 15-17 Format of Tender Bond 18-19

Part-2

Form of Agreement 21-5 Scope of Services (S.O.S),Technical Aspects & Appendices-if any 26-31 Form of Schedule of the Quantity, Rates & Prices 32-33 Form of Performance Bond 34-35 Form of Qualitfications and Exeptions 36-37 General Conditions of Contract 38-47



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Part-1

Subject No of Pages

Instructions to Tenderers 03-06 Tender General Conditions 07-12 Letter of Acknowledgement 13-14 Format of Tender Form 15-17 Format of Tender Bond 18-19



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INSTRUCTIONS TO TENDERERS



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Instructions to Tenderers

1.Documents Provided for Tender Purpose

1.1 The documents specifically provided for the purpose of tendering (herein after called “the

tender documents”) comprise of the followings.

Part-1

Instructions to Tenderers

Tender General Conditions

Letter of Acknowledgement

Format of Tender Form

Format of Tender Bond Part-2

Form of Agreement

Scope of Sevices (S.O.S.),Technical Aspects & Appendices-if any

Form of Schedule of the Quantity, Rates and Prices

Form of Performance Bond

Form of Qualifications and Exceptions

General Conditions of Contract

2. Submission of Tender

2.1 The tenderer must adhere to the conditions stated in these tender documents and write the total prices on the

“Format of Tender Form” and “Form of Schedule of the Quantity, Rates and Prices” duly filled on their

participant company„s letter head in accordance with the provisions of these documents. Any tender offer that

does not comply with these provisions may be considered null and void.

2.2 Should there be any comments, qualifications, reservations or amendments, alterations to specifications or

conditions they must be stated in a separate letter on the tenderer„s participant company„s letter head as the

format enclosed in these tender documents attached to this tender offer and indicated on the enclosed tender

offer.

2.3 The tender offer shall be submitted in three (3) separate wax-sealed envelopes with the information fill out on

the provided sticker together with these tender documents for each envelope as mentioned in below:

a) Tender Bond Envelope

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

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



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The envelope (a) and (b) should have no bearing of prices anywhere. The three (3) separate envelopes must be

placed into an outer sealed envelope clearly marked on the cover the Number of Tender, Name of tenderer,

Submission Date, Closing Date of Tender and the Title of the Tender.

2.4 Alternate Options: The tenderer may submit alternative tender offer in addition to the original tender offer

and should these tender documents so stipulate and if the tenderer deems be in the interest of this Tender„s

required services financially or technically or with respect to completion period or for any other consideration.

These alternative tender offer(s) will be presented in separate envelopes in the same manner as the original

tender offer(s( enabling a comprehensive evaluation of all the submitted tender offers under this Tender

proccessing and should be these alternative tender offer(s) clearly marked as alternate tender offer A, alternate

tender offer B etc.

2.5 The tenderer must include the following duly filled in his tender offer:

a. The time for the implementation of the complete scope of the services shall be clearly stated with dates in

detail.

b. Each page of these tender documents shall be initialed by the tenderer„s duly authorised person to

represent bind and stamped by the tenderer as token of his acceptance.

c. The tenderer should express that he has no objection to enter into a final Contract based substantially

upon the content of the Maintenance Services Contract„s technical specifications and conditions, tender

general conditions described in these tender documents and any others subsequent documents agreed and

approved by signing the final Contract.

d. Unit prices Schedule

e. The tenderer shall submit copy of annual accounts duly audited by professional certified accountants for

three years preceding.

f. The tenderer shall submit a current copy of his Commercial Register along with a current copy of the

tenderer„s company Computer Card.

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

3.1 No erasures, alterations or additions shall be made by tenderer to these tender document's formats (other than

filling in blanks where intended for that purpose), unless such alteration is made in accordance with an

addendum issued as hereinafter described.

3.2 Should there be any erasures or scratching out on these tender documents, it must be signed and stamped by

the tenderer„s Company/Establishment.

3.3 Prices and their particulars must be typed written or written in ink and shall not be written in pencil. All pages of

these tender documents, specially those containing the total prices and their term must have the stamp of the

tenderer„s Company/Establishment affixed to them.



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3.4 The tenderer shall submit his tender offer in Qatari Riyals or US Dollars. The related stipulated formats for details &

total lump-sum price and all other monetary statements in connection with this tender offer prices are to be in

Qatari Riyals or in US Dollars and/or in Euro Currency subject to the approval of QNCC.

3.5 The name of the authorized person signing must be typed written or printed below the signature. The official

stamp of the tenderer must be fixed.

3.6 In case of any differences, ambiguity or discrepancy between the original and other copies of the tender offer,

the original documents shall prevail.

4. All questions/query or requests for clarifications pertaining to commercial, contractual or

technical matters of this Tender prior to submission of duly completed tender offer shall be

addressed as per Sub-Section 4.2 below in writing, quoting Tender number and Title.

4.1 The tenderer„s query should reach the address mentioned below in Seven (7) days before the closing date.

Queries raised thereafter may be ignored.

4.2 The tender offer duly sealed shall be addressed to:

Chairman of Tender & Procurement Committee Qatar National Cement Co. (Q.P.S.C.) P.O.Box 1333, Doha, State of Qatar

Tele (00974) 4469 3800, Fax (00974) 4469 3900

E-mail: [email protected]

And to be submitted directly to:

Office of the General Secretary of the Tender & Pro. Committee New Administration Office @ Umm-Bab, State of Qatar

Tele. No. (00974) 4471 2880 Ext. 1542

Fax No. (00974) 4471 2585

E-mail: [email protected]

Closing Date: Tuesday, September 19, 2017 on or before 12:00 Noon

The tender offer must be submitted to the Tender and Procurement Committee„s General Secretary

before being deposited in the respective tender box. The Tender and Procurement Committee „s General

Secretary will issue a tender offer receipt against each received tender offer indicating the time and

date of receipt.

mailto:[email protected]

mailto:[email protected]



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TENDER GENERAL CONDITIONS



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Tender General Conditions

1. Brief Meaning

1.1 The tenderer means any legal entity who has collected these tender documents and is in agreement with the

conditions, Scope of Services, technical specs. and conditions, tender general conditions, Contract„s terms &

conditions and others relevant documents described in these tender documents and is abiding by them & is

quoting /bidding in accordance with them.

1.2 QNCC means Qatar National Cement Company Q.P.S.C. P.O. Box 1333, Doha, State of Qatar and the Cement

Plants premises located at Umm-Bab, who announced this public tender No.:(GTNO 08/17) to execute the

Periodic Maintenance Services required for a period of 3 Years.

1.3 Periodic Maintenance Services means replacement the refractory items in each particular portion/part area

whenever required during execution period of the Services Contract will be assigned to the successful tenderer

include all others requirement prescribed in these tender documents under Scope of Services subject to this

Public Tender No.:(GTNO 08/17).

1.4 Variation orders means a appendix or appendices to these conditions of the Contract which specify any

amendments including variations to any part of this Contract which may be mutually agreed upon between the

parties after the signing of this Contract.

1.5 Services Contract means the proposed agreement (Contract) between QNCC referred in the Contract as the

Owner and the successful tenderer referred in the Contract as the Contractor who will be assign this Services

Contract for execution and completion of the Services required.

1.6 Integral Conditions to Contract include the scope of periodic maintenance services, technical terms, tender

general conditons and any annexes, appendices, drawings & schedules annexed thereto, if any or subsequently

issued.

1.7 Services Contract Execution Period means the agreed period for 3 years for the execution and completion of

the Services required subject of the Contract will be assigned by awarding this Public Tender No.:(GTNO 08/17),

plus forty five (45) days following the issuance date of provisional acceptance certificate(PAC).

1.8 Drawings & Documentations means all drawings, information and documentations specified in the Contract

and all other documents that are required to be submitted by the successful tenderer to QNCC for the periodic

maintenance services required under the Services Contract.

1.9 Sub-Contractor means any person/s (Other than the Contractor) named in the Contract for execution of any

part of Services Contract or any person to whom any part of Services Contract has been sub-let with the consent

of QNCC.

1.10 Provisional Acceptance Certificate (PAC) means: It is intended that the initial successful execution and

completion of Maintenance Services as per Contract s terms & conditions @ Umm-Bab, State of Qatar.

1.11 Final Acceptance Certificate (FAC) means: It is intended that the maintenance services performed under the

Contract passed successfully the warranty period of forty five(45) days calculated from date of issuance of the

proviosional acceptance certificate(PAC) and the Contractor has fulfilled its complete obligations as per



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technical terms, specs. and Contract‘s terms and conditions stipulated in the “Tender Documents” of Public

Tender No.:(GTNO 08/17).

2. Validity of Tender Offer

2.1 The tender offer must remain valid for acceptance for a period of 90 days commencement from the fixed closing

date of Public Tender No.:(GTNO 08/17).

3. Tender Bond

3.1 The tender bond shall be enclosed with the tender offer in the form of bank guarantee issued by one of the

first class reputable bank operating in the State of Qatar acceptable by QNCC amounting of QAR 150,000/-

(Qatari Riyals One Hundred Fifty Thousand) or equivalent to the same amount in US Dollars. It must be

unconditional and valid for 120 days from the fixed closing date of Public Tender No.:(GTNO 08/17). The

Tender and Procurement Committee reserves the right to exclude any tender offer which does not include

the required tender bond.

3.2 Upon the receipt of the 10% bank letter of guarantee/performance bond from the successful tenderer„s, all

tender bonds should be returned to the all unsuccessful tenderers, the successful tenderer„s tender bond

would be returned after signing of the Contract between QNCC and the successful tenderer.

3.3 The tenderer may not withdraw his tender offer or amend his offered terms and prices after the closing date

of the Tender. In the event of his withdrawal of his tender offer, his tender bond would stand forfeited.

4. Expenses of Tendering

4.1 QNCC will neither be responsible for any expenses nor losses which may be incurred by any tenderer either in

the preparation of his tender offer or in any way whatsoever arising out of the invitation and elaboration of

tender offer for the required services subject of this Public Tender.

5. Cancellation of the Tender, Acceptance or Exclusion of Tender Offer

5.1 QNCC has the right to cancel this Tender without giving any reason(s) at any stage and/or award it on partial

basis. The tenderer has agreed to execute part of Tender Scope of Services at the same prices as offered in his

tender offer submitted.

5.2 QNCC has the right to exclude tender offer(s) which are not conforming to conditions of this Tender and/or

tender offer(s) that are submitted after the closing date and/or submitted without the required tender bond.

5.3 Owner/QNCC is “not” committed to accept any tender offer(s) with the least price.

6. Each tenderer must demonstrate along with supported documents, that he and his employees had

previously implemented other similar maintenance services together with evidence from their clients that

these services have continued to be successfully operative for a period of time from their clients.



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7. Performance Bond

The successful tenderer shall submit a bank performance bond as per the format provided in these tender

documents amounting to (10%) ten percent of the total fixed contract price, issued by a first class reputable

bank operating in State of Qatar and acceptable to Owner/QNCC. The performance bond shall be effective

before signing the Contract and its validity period shall cover the Services execution period under the Contract

for 3 years plus forty five (45) days following the completion date of execution period of Services Contract,

which is covering any defect or default or damages that maybe appear in any portion/section or completed

area of the replaced refractory items inside the kiln(s) or any failure in fullfilment of the Contractor„s

contractual obligations under Services Contract. If the Owner/QNCC considers forfeiting the bond or

guarantee he shall notify the Contractor forthwith specifying such delay/failure or damages.

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

8.1 The tenderers at their own expense may visit the site if necessary and obtain by themselves all information

which may be deemed necessary to enable them to submit a fully comprehensive and sufficient tender offer.

8.2 No claim whatsoever will be entertained arising out of the tenderer„s failure to study local conditions, laws,

duties and taxes as well as specifications, drawings, existing facilities etc or to obtain reliable information in

respect of project or otherwise.

8.3 The attention of the tenderer is drawn to the fact that the tender offer has to be on fixed price basis with no

provision for price variations for labor, materials, currency variation, taxes and duties which may arise during

the duration of the Contract.

9. Time Schedule of the yearly periodic Maintenance Services for execution and completion shall

be provided by the Owner after signing date of the Service Contract, The Owner shall confirm

in written notice to be delivered to the Contractor of each stoppage date for commencement

of the particular maintenance service in any Part/Area required in the kiln(s), cooler(s) or

preheater(s), such written notice shall be issued and delivered before thirty (30) days of fixed

date for commencement of execution of the service required. In case of emergency stoppages,

the Contractor should start immediately the execution of the service for the unexpected

incident stoppaghe within three (3) days once the Owner notify him to proceed with the

execution and completion without any delay. Time schedule shall be subdivided in various sub

activities, the Contractor shall submit accordingly his a comprehensive bar chart indicating

and distinguishing between the time for preparation, mobilization, designing, amending and

execute & complete the replacement of refractory items.

9.1 The tenderer/bidder shall submit the following with his tender documents:



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9.2 Organizational chart indicating the name of companies and organizations which shall or may become responsible

for the major activities. Site organizational chart indicating the number of personnel to be timely employed on

site @ Umm-Bab, State of Qatar.

9.3 Lay out and site replacement/installation camp including list of major equipment for the execution of the services.

9.4 The tenderer/bidder shall propose and implement the periodical progress report and site meetings.

10. Assignment and Sub-Contractor

The Contractor shall execute the Contract himself and he shall not assign it in whole or in part or sub-let it wholly or partially

without the prior written consent of QNCC.If permitted by QNCC to assign the whole contract or part thereof, the Contractor shall

guarantee the proper execution of the contractual obligations by the assignee. The Contractor and the assignee shall be jointly

responsible on sub-letting. The Contractor shall be responsible for the acts, defaults and neglects of any sub-Contractor, their

agents, servants or workman as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or

workmen.

11. The Payment Terms

The proposed payment under Contract, shall be settled as per the payment terms mentioned in the General

Conditions of Contract Section No.(5) in these tender documents.

12. Mistakes & Errors

12.1 The tenderer shall be responsible for any discrepancies, errors or omissions in the drawings and information supplied by him,

whether they have been approved by QNCC or not.

12.2 The tenderer, however, shall be responsible for any misunderstanding or incorrect information obtained by him.

12.3 The tenderer shall at his own expense carry out any alterations or remedial service necessitated by reason of such

discrepancies, errors or omissions for which he is responsible and modify the drawings and information accordingly, or if

the same be done by or on behalf of QNCC shall bear all costs reasonably incurred therein. The performance of his

obligations under this clause shall be in full satisfaction of the discrepancies, errors or omissions.

13. Correspondence/Notices shall be done by the tenderers on the address of QNCC stipulated elsewhere

giving Tender Number and Title of Tender. All invoices /notices should mention the Tender Number and

Title of Tender.

13.1 QNCC shall issue/send correspondence/notices to the Representative of the Tenderer as provided.

13.2 QNCC and the tenderer shall immediately notify each other incase of any change in such address for any reason

whatsoever.

14. Contract Documents.



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14.1 The successful tenderer shall enter in a Contract with QNCC outlining the conditions as enumerated in these tender

documents, with the Contract prices and any additional conditions agreed by the two Parties in the Contract.

14.2 The Contract will be drawn up in three originals duly to be signed at QNCC Head Office in Doha by authorized signatories

and stamped by official seal of either party to Contract. The successful tenderer/Contractor will receive one original

Contract.

14.3 The Contract shall be binding on the successor(s) in the event of change in Ownership of either Party.

15. Settlment of Dispute and Applicable Law

All disputes shall be settled by Qatari competent court/s in accordance with applicable Qatari Laws.

The tenderers shall be fully conversant with the laws, regulations and practices prevailing in State of Qatar.

=============================================



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LETTER OF ACKNOWLEDGEMENT



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LETTER OF ACKNOWLEDGEMENT

(on the Letter Head of Tenderer)

Date: …………………

Ref. No.: …………………………….

To:Chairman of Tender and Procurement Committee

Qatar National Cement Company, (Q.P.S.C.) P.O. Box: 1333

Doha, State of Qatar

Public Tender No.: (GTNO 08/17)

Subject: …………………………………………………………………………………………..

Dear Sir(s),

We hereby acknowledge acceptance of all terms and conditions set forth in these tender

documents.

We undertake that we will pay the Tender fee before the submission of our tender offer on

the due date of this Tender.

_________________________________ __________________ Tenderer Name Date

_________________________________ _________________ Authorize Person’s Name/Signature Date

Stamp/Seal



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FORMAT OF TENDER FORM



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FORMAT OF TENDER FORM

(on Letter Head of the Tenderer) Qatar National Cement Co., (Q.P.S.C) Date …………….. P.O. Box: 1333,


Attention: Chairman of Tender & Procurement Committee

Subject: Public Tender No.: (GTNO 08/17)

Gentlemen,

Having examined these tender documents and having inspected the site and fully acquainted ourselves

to the conditions of the contract, requirements and specifications thereon, responsibilites execution and

completion. We undertake “to execute periodic Refractory Maintenance Services for Replacement of

Refractory Items in Rotary Kilns operating in the Cement Plants at Umm Bab - State of Qatar, for 3

Years”, in accordance with tender„s Scope of Services, Technical Specs., Drawings, the Terms & Conditions

of the Contract stipulated in these tender documents studied/accepted and signed by us for total fixed

Contract price of QAR/USD…………………………….. ( ) for 3 years.

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

Reference Number of Addenda Date

…………………………………….. ……..……

…………………………………….. …………..

…………………………………….. …………..

We, hereby undertake that our “tender offer” are complete in all respects and that any item not expressly

stated in these tender documents but necessary for the proper execution and completion of refractory

maintenance for replacement & installation services of refractories items has been included. We, hereby,

undertake that if our tender offer is accepted, we shall start/proceed the services required in the terms of

these tender documents immediately upon notification by QNCC.

We, hereby undertake that if our tender offer is accepted, we shall provide the requested bank letter of

guarantee/Performance Bond of 10% value of contract price, as stipulated in these tender documents

within twelve (12) days in case of the tenderer is operating outside of Qatar or Seven (7) days if the



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tenderer is operating inside Qatar, from the date of being notified by sending the awarding letter of this

Tender from yourselves.

We, further agree that QNCC is “Not” committed to accept any tender offer with the least price.

We further confirm that we shall abide by our tender offer for 90 days commencing from the closing date

of this Public Tender No.: GTNO 08/17 and it shall remain binding upon us and may be accepted at any

time before the expiry of that period.

We enclose herewith the following documents

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

…../……/2017 ;

b) Latest 3 Financial Report of the Tenderer;

c) Others ………………….please specify

d) A current copy of Commercial Register (C.R) and a current copy of Computer Card,

e) …………………………………………...

The tenderer/Company Name: ……………………………

Address: ……………………………

Tel. & Fax: ……………………………

Represented by: ……………………………

In the capacity: ……………………………

Duly authorized to sign on behalf of the tenderer.

Signature ……………………………

Witness by ……………………………

In the capacity of ……………………………

Address ……………………………

Signature ……………………………

Date ……………………………

Company Seal ……………………………



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FORMAT OF TENDER BOND



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Format of Tender Bond ON THE LETTER HEAD OF BANK

Qatar National Cement Co., (Q.P.S.C.) P.O Box 1333,


Subject: Tender Bond for Public Tender No.: (GTNO 08/17)

Greetings,

We are pleased to advise you that we hereby guarantee M/S…………………… with an amount of

QAR 150,000/- (Qatari Riyals One Hundred Fifty Thousand) or equivalent to the same

amount in US Dollars to enable them to bid for the Public Tender No.: (GTNO

08/17)…………….. in the event of M/S ……………………, withdrawing or his his tender offer before

it„s expiry date or failing to submit the requested bank letter of guarantee/performance bond

equal to 10% perecent of his tender offer total price, and which should be submitted within

……………….. ( ) days from the date of being notified to provide such Bond, we hereby

undertake to pay the aforementioned amount of ……………….. in cash to M/S.Qatar National

Cement Company (QNCC) upon the first demand & not withstanding any contestation by

M/S.……………………...

Knowing that the validity of this guarantee is One Hundred Twenty (120) days, commencing

from the fixed closing date of the Tender referred in above.

We undertake to extend the validity of this tender bond upon first written request/ demand

from M/S.Qatar National Cement Company(Q.P.S.C.) notwithstanding any contestants from

the forementioned tenderer.

Bank’s Signature & Stamp



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Part - 2

Subject No. of Pages

Form of Agreement 21-25

(S.O.S.) Technical Aspects & Appendices - if any 26-31

Form of Schedule of the Quantity, Rates & Prices 32-33

Form of Performance Bond 34-35

Form of Qualitfications and Exeptions 36-37

General Conditions of Contract 38-47



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FORM OF AGREEMENT



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FORM OF AGREEMENT صغت ؤلاجفاق

The Agreement has been made on this……………, 2017, by and :م فما بين2017 ............. جم إبشام هزا ؤلاجفاق في ىم

between:

(ق. ع 0م0ش)شركة قطر الوطنية لصناعة ألاسمنت .1

كؼش- الذوحت 1333: ب 0ص

الطرر ألاألاو "املالك" وحسمى فما بعذ

ألا

.........................../ الســــــادة .2

الطرر ثان " اململاألاو "ألاتسمى فيما بعد .......:ب0ص

1. QATAR NATIONAL CEMENT COMPANY, (Q.P.S.C.)

P.O. BOX: 1333 DOHA, QATAR

Hereinafter called “the Owner” as the First

Party

And

2. M / S . … … … … … … … … … … … … . . .

P.O.BOX: …

Hereinafter called “the Contractor” as the

Second Party

WHEREAS إلاا كاهذ

شغب في إسىاد جىفز خذماث الصاهت الذوست اإلاؼلىبت بإحالل " املالك"

اث باألفشان الذواسة العاملت بمصاوع ألاسمىذ في ؤم باب ؤصىاف الحشاس

للمىاصفاث زالر سىىاث ،3إلاذة ورلك وفلا

والششوغ الفىت اإلازكىسة جفصال

. GTNo 08/17)في كشاست مسدىذاث اإلاىاكصت العامت سكم

ماث اإلاؼلىبت ، مىطىع هزا العلذ ، والزي هفز الخذ خعهذ بذ"اململاألاو "ألا

خظم كل ما هى طشوسي لخىفز وإكمال خذماث الصاهت سىاء كاهذ محذدة

آلحكام وششوغ العلذ ، واإلازكىسة فما لي، وؤو غير محذدة بهزا العلذ :-فلا

“The Owner" desires “TO EXECUTE PERIODIC MAINTENANCE SERVICES

FOR REPLACEMENT OF REFRACTORY ITEMS IN ROTARY KILNS OPERATING

IN THE CEMENT PLANTS AT UMM BAB - STATE OF QATAR, FOR 3 YEARS.” as

per terms & specifications mentioned in details in these Tender Documents of

Public Tender No.(GTNO 08/17).

“The Contractor” is willing to execute and complete the Services subject of

the Contract and shall include everything necessary for performance and complete

the Services of Maintenance as per the following agreed Terms and Conditions of

Contract mentioned thereinafter.

: فملد تم الاتفاق على ما يلي

NOW THIS AGREEMENT PROVIDES AS FOLLOWS:

في هزا ؤلاجفاق فإن الكلماث والعباساث كىن لها هفس اإلاعاوي اإلاخصصت .1

0لها في الششوغ العامت للعلذ حسبما سيرد فما بعذ

1. In this agreement, words and expressions shall have the same

meanings as are respectively assigned to them in the General

Conditions of Contract hereinafter referred to.



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إن وجذث - إن اإلاسدىذاث الخالت فلؽ ، وجذاولها اإلالحلت ؤو ؤت ملحلاث ؤخشي .2

العلذ بين الىاسدة في "العملد"، وجفسش هصىص "اململاألاو " و"املالك"، حشكل معا

: هزه اإلاسدىذاث كما لي

2. The following documents only and their annexed schedules or any

other annexes -if any, shall together constitute the Contract between “the

Owner” and " the Contractor" and the terms of "the Contract" shall in all

such documents be constructed accordingly:

صغت هزا الاجفاق ؛ (ؤ

الششوغ العامت للعلذ ؛ (ب

في )).............شاسة اإلالذم بإإلاىاكصتبااململاألاو عشض (ج

خث م وملحلاجه اإلاعخمذة م كبل 2017/.../: ..اس

"املالك"

اإلاخظمىت كافت الباهاث واإلاخؼلباث "املالك"مسدىذاث (د

اإلازكىسة هىا وملحلاتها ، الخاصت بىصف واإلاىاصفاث والشسىماث

كبل جشست اإلاىاكصت وكخاب الترسـت "املالك"ألاصىاف وألاعمال م كبل

ـخ (..…/QNCC/T&PC/17)سكـم 0م وملحلاجه2017 /....../ :......بخاس

A- This Form of Agreement;

B- The General Conditions of Contract;

C- The Contractor„s tender offer ref.: (……………….)

dated……./…../2017 and it„s annexes approved by “the

Owner”;

D- “The Owner” documents containing all data requirements,

specifications and drawings listed above in this Form of Agreement

and annexed hereto, which have been elaborated by “the Owner” for

the execution of the services before awarding the Tender, award letter ref

(QNCC/T&PC/17/………..) dated ……/……/2017 and it„s annexes.

ف فإن اإلاسدىذاث وملحلاتها اإلازكىسة حعخبر جضءا ألغشاض الخعش

للعلذ ، وكذ جم الخإشير عليها م كبل " .اململاألاو " و"املالك"مكمال

For the purpose of identification, the said documents and their annexes

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

behalf of “the Owner” and the “Contractor”.

في حالت وجىد ؤي حعاسض بين ؤي جضء م اإلاسدىذاث اإلاخعذدة ، واإلاذسجت في .3

ت حسىد كما لي2البىذ : م صغت الاجفاق اإلاازل ، فإن ألاولى

3. In the event of conflict between any part of the various documents listed in

Clause 2 above of this Form of Agreement, the following priority shall

prevail:

ت على ب ، ج و د؛ (ؤ ;a. Will have priority over b, c and d كىن لها ألاولى

ت على ج و د؛(ب b. Will have priority over c, d and كىن لها ألاولى

ت على د(ج .c. Will have priority over d . كىن لها ألاولى

لكافت الحلىق وؤلالتزاماث .4 كامال

العلذ كما سبم باهه ، عخبر جحذذا

وال عخذ الخذماث ، بشإن " اململاألاو " و"املالك"الخعاكذت فما بين

خ إبشام باإلافاوطاث ؤو ؤت مسدىذاث ؤجفم عليها ؤو وكعذ بنهما كبل جاس

. العلذ وال جترجب عليها ؤت آزاس حعاكذت

4. The Contract as herein before defined constitutes a full statement of

the contractual rights and liabilities of “the Owner” and “the

Contractor” in relation to the services and no negotiations between them nor

any documents agreed or signed by them prior to the concluding date of Contract in

relation to the services shall hereafter be of any contractual effect.

كل اإلاعلىماث الىافت في على كذ حصل لىفسه"اململاألاو "معلىم ؤن .5

كما وؤهه . وظشوف اإلاىكع والدسهالث الجىاهب بما في رلك الجىاهب الفىت

ع كافت التزاماجه "املالك"مسئىل ججاه" اململاألاو "م اإلاعلىم واإلاخفم عله ؤن

.الخعاكذت

5. It is understood that “the Contractor” has obtained for himself all

informations, complete in every respect including all technical aspects, the

Site conditions and facilities. It is also understood and agreed that “the

Contractor” shall be responsible towards “the Owner” for all his

contractual obligations.

عن آلاتي "اململاألاو " ييون .6 تماما

The Contractor” shall be fully responsible for the“ .6 :مسؤألاال

following:



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للششوغ اإلاؼلىبت مىطىع هزا العلذ ،للخذماث جىفز (ؤ ورلك ػبلا

اإلاعخمذة بصىسة نهائت م كبل ػشفي هزا واإلاىاصفاث الفىت والشسىماث

العلذ ،

a. Execution of the required services subject of this Contract, in

accordance with the technical terms, specs. and drawings finally

approved by the Parties of the Contract and

الخىجيهاث والخعلماث التي جصذس م وكذ آلخش م كبل وبحسب

في الخذماث باإلاىاكع ، وبخىفير كافت مخؼلباث جىفز ا"املالك"ممثلي

مسدىذاث سىاء كاهذ مزكىسة ؤو غير مزكىسة في ، الىكذ اإلاحذد

؛اإلاىاكصت

as per the guidance and instructions issued from time to time by “the

Owner” representatives at the site and provide all the Services

requirements to execute the Services in the specified time whether

mentioned or not mentioned in the Tender Documents.

بمىاكع العمل للخيسم والخعاون "املالك"جشجب لعلذ إجخماعاث مع ممثلي (ب

م العمل باإلاىكع وحل الخذماثفما بنهما لخىفز اإلاؼلىبت ، ومخابعخه فش

مىطىع للخذماثجحلم ؤفظل إهجاص ورلك ل . التي كذ جيشإالاشكاالث

. العلذ

b. Arrangement of meetings with the “Owner„s” representatives in

the Site Services for coordination between them to carry out the

required services, and to follow-up his teams services and resolve

problems that may arise related Service teams affiliated to it for best

performance of the services subject to the Contract.

وؤلاجلان في ؤداء الالتزاماث اإلاسىذةعىات اإلاعلىلت والمماسست جمع اإلاهاساث ( ج

ألفظل اإلاعاير اإلاهىت وبإسخخذام إله بمىجب العلذ ، ورلك وفلا

.الخلىاث اإلاخؼىسة وألاكخصادت

.في دولت كؼشاإلاعمىل بها اللىاهين وإحترام ألاهظمت اإلاؼبلت جؼبم (د

c. Exercise all reasonable skill, care and dilligence in the discharge of

its obligations under the Contract and shall carry out the required

installation services in accordance with the highest professional standards

whilst using the most developed and economic techniques.

d. Comply with the Laws and respect the Regulations applicable in

the State of Qatar.

(فلؽ ....................................................... ) .………………… =/سـعش العـلذ إجمالي مبلغ محذد كذسه .7.

7. The Contract total price is a fixed sum of ……………=

)…………………………………………. only(.

، مىطىع هاإكمالجىفز خذماث الصاهت الذوست اإلاؼلىبت وجكىن مذة .8

للفتراث الضمىت التي حذدها (زالر) 3 هزا العلذسىىاث مخخالت ، ووفلا

خ اإلاحذد "للمملاألاو " "املالك" م وكذ آلخش كبل شهش على ألاكل م الخاس

لبذء جىفز خذماث الصاهت الذوست "للمملاألاو "الزي سلمه" املالك"بكخاب

.اإلاؼلىبت ؤزىاء مذة جىفز العلذ

8. The period of implementation & completion of the periodic maintenance

services required shall be the subject of this contract for 3 consecutive years and

according to the time schedules set by the "Owner" to the Contractor from time to

time at least one month prior to the fixed date in the Owner's notification

letter delivered to the Contractor to proceed with execution of the required

periodic maintenance services during the execution period of Contract.

خ سشي العلذ .9 The Contract shall be effective from the signing date by “the Owner” and .9 ".اململاألاو " و”املالك“كبل م الخىكع عله م جاس

“the Contractor”.

ؤو ششكت ؤو ششكاث في ؤي وكذ حعين شخص ؤو ؤشخاص"للمالك"حم .10

لخمثله في جىفز العلذ وؤلاششاف على ؤسلىب جىفز ألاعمال كمهىذسين

كىن ين ؤو مفدشين ؤو مششفين ، و الحم في "للمالك"ؤو اسدشاس

، على ؤن خؼش " اململاألاو "اسدبذالهم بأخش .بزلك كخابت

10. “The Owner” has the right at any time to appoint a person(s) or company(s)

to represent him in the execution of the Contract and the supervision on the manner

of execution of the Services as Engineers, Inspectors or Supervisors and that “the

Owner” can replace them with others and he shall communicate the same

to “the Contractor” in writing.

" ململاألاو و" بإن ذفع "املالك"لتزم .11الذفعاث اإلاسخحلت بمىجب العلذ ػبلا

5 سكم لششوغ الذفع اإلازكىسة بالششوغ العامت للعلذ جحذ اإلاادة

11. “The Owner” shall pay to “the Contractor” amounts due in accordance

with payment terms which are mentioned in the General Conditions of

Contract under Section No. 5.

بت الذخل اإلاسخحلت على "للمالك"حم م زم العلذ ، " اململاألاو "خصم ملذاس طش

بت الذخل سكم ألحكام ورلك وفلا .م 2009/لسىت (21)كاهىن طش

“The Owner” has the right to deduct from Contract total price Income Tax

amount due on “the Contractor” as per Income Tax Law No. 21/2009.



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ع ؤلاجفاقي الىاجج ع الخإخير بشإن م الششوغ العامت للعلذ (6)اإلاادة سكمؤحكام جؼبم .12 الخعى

البرهامج الضمني اإلاحذد خالل الخذماثوإكمال إهجاص في اململاألاو جإخش ورلك في حال ،

العلذ ، واإلاعخمذ م كال الؼشفين بمىجب هزا

التي لم كخملها م الخذماثإكمال و آخش إلهجاص مملاألاو ؤن عينالحم في "للمالك"و

م آلاخيرعلى حسابورلك ، " اململاألاو ". العلذهزا كمت خصما

12. The provisions of Liquidated Damages under Section No.(6) of the General

Conditions of the Contract shall be applied for delay in case if “the

Contractor” delays in execution & completion of the Services during the

specified time schedule approved by both Parties under this Contract,

The “Owner” has the right to appoint another Contractor to execute & complete

the Services which still not completed by “the Contractor” and on the account of

the latter deducting from the Contract value.

بإن سخصذس كافت وزائم الخإمين التي حغؼي كافت اإلاخاػش كما " اململاألاو "لتزم .13

"املالك"الششوغ العامت للعلذ وؤن سلمها م 17.4:حذدها فشع اإلاادة سكم

في اإلاىكع على ؤن خم اسخصذاس هزه الىزائم م الخذماثكبل بذء جىفز

عخمذها ششكت جإمين حسىت السمعت ."املالك" حعمل بذولت كؼش و

13. “The Contractor” shall arrange the issuance of the insurance policies covering

all risks as hereafter defined in the General Conditions of Contract, Sub-section

No.15.4 and to be submitted to “the Owner” before commencing the execution of

the services at site. The policies shall be issued from a reputable insurance

company operating in the State of Qatar approved by “the Owner”.

، ....................=/كفالت ؤلاهجاص بمبلغ / طمان بىكي"املالك" بدسلم " اململاألاو "كام .14

، ..............صادسة م( ..................) ـمــم إجمالي سعش العلذ ، كفالت سق % 10بىاكع

ــخ ت اإلافعىل لغات 2017/...../.....بخاس .201/ ......./.....م ، ساس

14. “The Contractor” has submitted to “the Owner” the Bank

Guarantee/performance bond of total amount…………. Equal to 10% of the

Contract total price, Bond No. (………….) and issued by …………………,dated

/../2017. and valid until ……/……../201 .

جمع اإلاىاصعاث و الخالفاث التي جيشإ بين الؼشفين بشإن العلذ خم الفصل .15

كىن ت ، و لللىاهين اللؼش 0لللظاء اللؼشي ؤلاخخصاص فيها وفلا

15. All disputes and differences arising between the Parties in connection with

the Contract shall be settled according to Qatari law and the Competent

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

إلاا جلذم كام الؼشفان بالخىكع على هزا العلذ . في الذوحتإزباجا

IN WITNESS whereof the Parties hereto have signed the

present Contract in Doha.

"املالك"عــن

For “The Owner”

: التوقيـــع

.……………………………………………… : الاســم ..……………………………………… :الوظيفـة

SIGNATURE:

NAME : ……………………………………………….

TITLE : ……………………………………………….

" اململاألاو "عــن

For “The Contractor”

: التوقيـــع

.……………………………………………… : الاســم ..……………………………………… :الوظيفـة

SIGNATURE:

NAME : ……………………………………………….

TITLE : ……………………………………………….



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S.O.S, TECHNICAL ASPECTS & APPENDICES- IF ANY.



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A. SCOPE OF SERVICES(S.O.S). 1.

Carrying out periodic maintenance services for replacement of refractory items whenever required during the exection period of

maintenance services, for the four (4) nos. of Cement Plants production lines„s kilns, the Owner will provide after Contract come

into force with the yearly maintenance services plan/time schedules for the execution, however, the Owner shall notify the

Contractor in writing at least thirty (30) days prior to fixed time & date to start the execution & completion of each particular

maintenance service to be excuted and the Contractor should proceed with the execution maintenance service within limited

execution period defined to him, the Contractor accordingly, shall remove existing used refractory items from the area in the kiln(s)

then install the new refractory items will be provided by the Owner, in case of emergemcy stoppage the Contractor should prceed

with execution of the maintenance service immediately within a maximum period of seven (7)days from date of notification the

Contractor within such this emergency cases.

2. Kilns refractory periodic maintenance services include all the required refractory types for the following units:

a) Rotary kiln tube.

b) Preheater tower consisting of cyclones, riser ducts, calciner, & kiln inlet chamber.

c) Tertiary air duct.

d) Kiln hood

e) Burner pipes

f) Clinker cooler

g) Hot gas generator

3.

Erection of scaffolding in any area where required to execute the refractory periodic maintenance services.

4. Rotary kiln refractory periodic maintenance services include:

a) Demolishing the kiln coating and removing out from the kiln.

b) De-bricking old brick lining of the kiln by using de-bricking machine.

c) Demolishing of kiln inlet and outlet castable.

d) Removing debris out from the kiln manually or by using the bobcat and storing it on the ground floor.

e) Cleaning the kiln shell behind the brick lining from any thick corrosion deposits manually or by using sand blasting machine

as the owner requirement.

f) Replacement of any damaged or worn out steel plate at kiln inlet or outlet shell.

g) Replacement of kiln retainer ring as the owner requirement.

h) Installation of kiln new brick lining by using brick lining machine ('Oۥ Ring Machine).

i) Kiln inlet & outlet area anckors welding & casting.

5.

Other areas refractory maintenance include:

a) Demolishing damaged refractory lining and replacing with new refractory lining either shaped or unshaped refractories.



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b) Cutting and replacing any damaged plates of the steel shell

c) Cutting old anchors and welding new.

d) Erecting of all the required scaffolding to execute the refractorey service in any area

e) Dismantling the scaffolding after cleaning the servicing area from any debris.

6. Providing qualified & well trained technical staff in 24x7, the technical staff should include:

a) Refractory engineer

b) Refarctory Foreman

c) Safety officer

d) Masons

e) Scaffolders

f) Welders & Fabricators

g) Carpenters

h) De-bricking machine operator (BROKK Machine)

i) Bricking machine operators (O„ Ring machine)

j) Sand blasting machine operators

k) Skilled personnel

B. CONTRACTOR RESPONSIBILITY

1

Arranging a list of the workers/employees who will execute the scope of preiodic maintenance services inside the plants. Preparing

the necessary gate passes for manpower, tools & machineries to gain access to QNCC/the Owner„s Cement Plants is a part of the

contractor„s responsibility.

2

Preparing & submitting of necessary documents for the manpower, tools & machineries to gain access to QNCC/the Owner„s

Cement Plants. In case of replacing or adding any workers, submision of his documents is a must for the owner approval before

starting the services in the site.

3 Taking all the necessary arrangements & procedures to secure workers and guard his equipment & tools at sites.

4 Providing of all the required personal protection & safety equipment and hand tools for the manpower to execute the refractory

maintenance services safely.

5 Arranging of food & drinking water, accommodation & transportation to the sites for the manpower.

6 Providing a temporary site office and workshop/store for the equipment, tools & materials required for executing the refractory

maintenace services.

7 Responsible to ensure proper conduct discipline and behavior of the workers at site and co-ordination with the owner and other



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contractors involved in the project site.

8 Responsible for any damage occur during the execution of the services inside the plants.

9 Issue the necessary insurance policies cover for his technical team/personel before commencement of execution of the services in

the sites.

10 Providing visa arrangement, immigration fee and other convinient cost for technical team/personel, whatever is required.

11 Covering of all technical team/personnel salaries, wages and technical team/personnel compensations.

12 Cost of all technical team/personnel air flights, visas as well as internal transportation to and from the sites.

13 Providing medical and accidental insurance.

14 Providing the workers with a special uniform and with all the industrial safety tools.

15 Employing a sufficient number of the manpower for the refractoy maintenance services; working in shifts to cover 24 hours per day

including the National holidays & Fridays.

16 Undertaking to use efficient equipment & machines to execute the maintenance services without harming the enviroment.

17 All the refractory maintenance services will be done as in the refractory drawing provided by the owner or as the owner

requirements.Following all the safety procedures before and during debricking process.

18 Undertaking to complete the refractory maintenance services in a time which will be planned & agreed with the owner.

19

Providing de-bricking machine for demolishing kiln bricks with competent, certified and well-trainned operator (submitting the

certificate of operator is must).

Following all the safety procedures before and during debrick process.

Responsible of any failure or damage caused by misusing the machine or carelessness.

20

Providing bricking machine(O„ Ring machine) for kiln brick lining.

Assembling, operating and dismantling Bricking machine (O„ Ring machine).

Following all the safety procedures before and during kiln brick lining process.

Responsible of any failure of kiln brick lining.

21

Providing & operating sand blasting machine by competent and well trained operators.

Following all the safety procedures before and during sand blasting process

22 Responsible for any delay of maintenance services execution due to the failure of machineries.

23 Providing forklift with certificated driver for shifting bricks at kiln platform.

24 Providing a sufficient number of qualified, well-trained & certified scaffolders to execute their services without any delay. Submitting

the certificates of the scaffolders is must.

25 The following arrangement is a part of Contractor„s Responsibility:

a) Lifting refractory items from ground floor to the maintenance services area or platform.

b) Providing welding machines, gas cylinders and required welding electrodes for cutting or welding.

c) Providing mixing machines (paddle mixtures), vibrators, bricks cutting machine, blades, and all the required machines & tools

for refractory lining.



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d) Temporary lights installation & electric cables required for the refractory maintenance services.

e) Providing the steel plates required to replace any damaged or burnt steel shell.

f) Lifting scaffolding materials & accessories from ground floor to the working area.

g) Assembling scaffolding materials & accessories where required by owner for inspection or refractory maintenance services.

h) Removing scaffolding materials & accessories from working area back to the ground floor.

i) Providing the required shuttering materials (plywood, nails, shuttering bolts, etc.)

j) Opening the shuttering and removing out from maintenance servicing area to ground floor.

k) Shifting of all balance refractory items again to ground floor after completing the maint. services.

l) Counting, segragating, packing, & handing over of all the refractory items shifted to ground floor after completing the refractory

maintenance services.

m) Removing every type of debris from working area to the ground floor.

n) Housekeeping of all the refractory maintenance services area.

26 Attending a daily meeting with the owner and submitting of daily progress report including the consumed refractory

items, refractory maintenance services progress, and manpower status.

C. THE OWNER„S RESPONSIBILITIES

1 Shall furnish all pertinent data and information available & shall give such assistance as reasonably be required by the contractor

for performing its duties and discharging its obligations under the Contract.

2 Providing the scaffolding material & accessories to the ground floor of the execution servicing area.

3 Supplying all the refractory bricks & castables required for the execution of refractory maintenance servicing area in kilns.

4 Shifting the refractory items from the refractory store to the ground floor for the execution of refractory maintenance servicing area

in kilns.

5 Fixing of access platform from kiln platform to kiln inside access.

6 Positioning of kiln according to the contractor requirement.

7 Providing of lifting equipment such as overhead crane or mobile crane in all the areas where lifting refractory items or scaffolding

materials is required.

8

Issuance of the needed gate pass required for the execution of the refractory maintenance services for the contractor„s manpower

against submission of the necessary documents subject to the approval by the Owner.



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9 The following arrangement is a part of the owner responsibility:

a) Providing space for contractor site office & refractory workshop.

b) Providing adequate sweet water for the refractory maintenance services.

c) Providing of compressed air required for the refractory maintenance services.

d) Providing of power supply with connection points

e) Providing passenger lift at preheater tower to be used by contractor staff.

f) Giving permission to the contractor staff to use the toilets

We undertake “To Execute Periodic Maintenance Services For Replaement of Refractory Items in Rotary Kilns operating in the Cement

Plants @ Ummbab-State of Qatar, for 3 Years”as defined in the Scope of Services, responsibilities, particular technical terms and as per

Contract„s terms and conditions and other terms and conditions mentioned in “Tender Documents” studied/accepted and signed by us.

_________________________________ __________________ Tenderer/Bidder Name Date

_________________________________ __________________ Authorize Person’s Name/Signature Date

Stamp/Seal



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FORM OF SCHEDULE OF THE RATES & PRICES



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FORM FOR SCHEDULE OF THE RATES & PRICES (ON TENDERER / BIDDER LETTER HEAD)

* Based on minimum yearly quantity of refractory items for the replacement

S/No. Particulars QTY.

Unit Rate Total Prices

01 Rotary kiln refractory brick lining 1000Tons

02 Others refractory brick lining (preheater, cooler, etc.)

30Tons

03 Refractory Castable 150Tons

04 Steel plates replacement M²

05 Retainer ring welding Meter

Totalin words

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

Signed :………………………………Date……../………./2017

Stamped



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FORMAT OF PERFORMANCE BOND



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FORMAT OF PERFORMANCE BOND (on Bank Letter Head )

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

P.O Box 1333,


Greetings,

Letter of Guarantee No …………………………………………………………….. Upon request of M/S

……………………………………. We hereby guarantee to pay to you or to your legal representative an amount of

QAR/USD………….. equal to 10% (Ten) percent of the Total Fixed Contract Price for 3 years. Upon first

written demand not withstanding any contestants by the Contractor, in connection with Public Tender

No.: GTNO 08/17 related to …………… this letter of guarantee shall be effective and come in full force from

…….. and expiry on …………... will be releasing after issuing of Final Acceptance Certificate(FAC) as per

terms & conditions of Contract.

As guarantee for the fulfillment of the contractual obligations by the Contractor in accordance with the

terms and conditions of the Contract.

We undertake to extend the validity of this guarantee/performance bond upon your first demand &

notwithstanding any contestants from the Contractor.

Bank’s Signature & Stamp



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FORM OF QUALIFICATIONS AND

EXCEPTIONS



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FORMAT OF QUALIFICATIONS/EXCEPTIONS

(on the Tenderer Letter Head)

We have following Qualifications/ Exceptions on these tender documents.

SN. Narration Amount (+, -) Time ( +, -)

1

2

3

4

5

Total

_________________________________ __________________

Tenderer Name Date

_________________________________ __________________

Authorize Person„s Name/Signature Date

Stamp/Seal



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GENERAL CONDITIONS OF CONTRACT



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GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

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

context otherwise requires.

“CONTRACT” shall include the Form of Agreement, General Conditions of the Contract, Scope of Services,

Technical Aspects and Appendices, Format of Schedule of the Rates & Prices and required regular Maintenance

Services shall be executed at site.

“CONTRACT PRICE” means the fixed total price as set out payable to the Contractor by the Owner in accordance

with the terms and conditions of Contract.

“PARTIES OF CONTRACT ” means the Owner and the Contractor.

“The OWNER” means Qatar National Cement Company (Q.P.S.C.) or his Lawful assignee or Successor.

“The CONTRACTOR” means the successful tenderer has signed the Contract or his lawful assignee or Successor to

be approved by the Owner.

“SCOPE OF REFRACTORY MAINTENANCE SERVICES” means the required regular refractory items

Services will be replaced from time to time within the duration of Contract of 3 years and to be executed and completed by

the CONTRACTOR as described under the documentations of Contract.

“PROVISIONAL ACCEPTANCE CERTIFICATE(PAC)” means a certificate shall be issued after

successful implementation & completion of all refractory maintenance services by the end of Services Contract and hand

over the site(s) execution period expiry of 3 years of Contract execution Services period which passed successfully the

warranty period of forty five (45) days. Such certificate shall be issued & signed by the OWNER and delivered to the

CONTRACTOR stating that all refractoy Maintenance Services under Services Contract has been executed & completed

successfully as per Contract, technical terms, specs. and others terms & conditions stipulated in Contract documents.

“WARRANTY PERIOD: shall be forty five(45) days which shall cover faulty that maybe happened to the installed

refractory items by the Contractor in any particular area namely kiln, cooler & preheater whether during execution of

installaion or after complete installation and this period will be effective from the date of start up after successful

installation, the warranty includes the Contractor shall, within adequate time, make good (repair, replacement, renewal) of

any defect/faulty/damages maybe appear within the said warranty period under clause. The Contractor is mandated under

this warranty to bear the refractory items cost & losses resulting of any mishap in refractory installation in any portion/part

area namely kiln, cooler and preheater.



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“FINAL ACCEPTANCE CERTIFICATE” means a certificate shall be issued after expiry of 3 years of Contract

execution Services period which passed successfully the warranty period of forty five (45) days, such certificate shall be

issued & signed by the OWNER and delivered to the CONTRACTOR stating that all refractoy Maintenance Services under

Services Contract has been executed & completed successfully as per Contract, technical terms, specs. and others terms &

conditions stipulated in Contract documents.

1.2 EXECUTION PERIOD OF CONTRACT:

1.2.1 The execution of the services under the Contract as per the Owner„s shutdown dates shall be notified from time to

time during the Contract execution period for 3 years and approved by requirement subject of commencement from

the concluding date of the Contract by signing by the Owner & Contractor.

1.2.2 If an extension is needed to the execution period of the services, conditional to a written consent of the OWNER in

which case the corresponding extension shall be granted to the Contractor provided such extension is required due

to the defect or default and/or delay related to the CONTRACTOR or for other reasons as stated in the Contract.

1.2.3 Terms defined in the other documents of the Contract where applicable to have the same meanings used herein

unless the context requires otherwise

2. SCOPE OF THE MAINTENANCE SERVICES.

The CONTRACTOR shall undertake to execute & complete the Services at site in accordance with the terms and conditions as set

out in the Contract.

3. CONTRACTOR’S FACILITIES AND TOOLS

3.1 Facilities Required During the Execution Period at site

During the execution period of Contract, the CONTRACTOR shall arrange the necessary accommodation, Transportation &

Food for the provided manpower on his own cost.

3.2 Equipment and Materials

Specialized equipment and materials furnished by the OWNER to the CONTRACTOR or purchased by the OWNER for the

CONTRACTOR with funds wholly supplied or reimbursed by the OWNER shall be the property of the OWNER and shall be

marked for identification purposes by the CONTRACTOR and/or the OWNER. The CONTRACTOR shall be responsible for

ensuring that any such equipment and materials provided by the OWNER are maintained by it in good condition.

3.3 Disposal of Equipment and Materials

Upon completion or termination of the Scope of Refractory Periodic Maintenace Services at site, the CONTRACTOR shall

furnish to the OWNER inventories of the equipment and materials supplied to him by the OWNER, which are to be disposed

or deliver the equipment to the OWNER and dispose of any unwanted materials as directed by the OWNER.



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3.4 Site Personnel

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

4. CONTRACT PRICE PAYABLE TO THE CONTRACTOR

The Contract Price payable to the CONTRACTOR for the provision and completion of the Scope of Services shall be allocated

and payable in respect of the different stages of the Scope of Services as provided hereunder.

4.1 Contract price for Modified Replacement and Installation Services

Where additional services are necessary due to changes within the Scope of Refractory Periodic Services requested by the

OWNER an additional price to be mutually agreed upon by the OWNER and the CONTRACTOR shall be granted to the

CONTRACTOR.

The basis for the additional price shall be agreed to in writing between the OWNER and the CONTRACTOR prior to the

commencement of provision of the additional services.

4.2 Inclusive Contract Price

4.2.1 The Contract Price payable to the CONTRACTOR shall include all cost, overhead, profits, taxes, charges, payments to his sub-

Contractors and all costs and expenses of whatsoever nature for the performance and completion of the Scope of Services

pursuant to the terms of the Contract.

4.2.2 The CONTRACTOR signing the Contract confirms that he is aware of all other cost or charges to be incurred and which are

necessary for it to carry out and complete the Scope of Services required under the Contract.

4.2.3 No claim will be accepted by the OWNER from the CONTRACTOR due to the CONTRACTOR„s lack of knowledge in respect

of any matter affecting the level or adequacy of the Contract Prices payable to the CONTRACTOR pursuant to the terms of the

Contract.

5. PAYMENT TERMS

5.1 The Tenderer/Bidder shall submit his tender offer on the basis of 15 days payment in Qatari Riyals or US Dollars

and the payment will be released based on the actual executed Maintenance Services at Umm bab site and as

follows:

5.1.1 The payment shall be released against the actual executed of Refractotry Maintenance Services at site(s) as approved by the

OWNER within 30 (Thirty) days after invoicing receipt date by the OWNER and as per “Mode of payment” shall be agreed

between both parties before awarding the tender

5.1.2 The payment scheme is valid in the assumption that the progress of the Refractory Replacement by the CONTRACTOR in the

execution of all Refractory Installation Services in accordance with the Owner„s requirement during the execution period of

Contract.

5.1.3 Progress invoices will be subject to 10% retention to be released after issuing the Final Acceptance Certificate as per terms &

conditions of this Contract.



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5.1.4 Should the required refractory Maintenance Services being delayed for any reasons beyond control, the payments would be

made at the relevant dates specified in the Owner notification letter delivered to the Contractor during execution period of

Contract.

5.1.5 All invoices should be submitted by the CONTRACTOR certified and approved by the OWNER/QNCC.

5.1.6 All payments shall be made out by the bank transfer to the account of the CONTRACTOR will be provided by the latter at the time

of signing of the Contract.

5.1.7 PERFORMANCE BOND

Bank letter of Guarantee/Performance/Bid Bond of 10% of the Contract total fixed price of 3 years will be issued by a first class

reputable Bank operating in the State of Qatar acceptable to the Owner and this letter of guarantee validity start before signing

of the Contract and will be released after issuing the Final Acceptance Certificate(FAC) as per terms and conditions of Contract.

5.1.8 Currency

The Contract Price payable to the Contractor shall be calculated and paid in QAR or USD. There shall be no adjustment to the

Contract Price due to fluctuations and variations of rates of exchange between the Qatari Riyals and any other foreign currency.

6. LIQUIDATED DAMAGES FOR THE DELAY.

The provisions under above clause shall be applied in case the Contractor delays in execution & completion of each required

maintenance services within time schedule notified to him by the Owner, the Owner shall be entitled to receive/impose liquidated

damages amount of Qr. 10,000 (Qatari Riyals Ten Thousand) or equivalent of the Contract currency of each day or part of day of

delay up to a maximum 10% (Ten percent) of Contract total fixed price. In case of delay caused in a delay in start up of any namely

kiln, cooler or preheater and the plant(s) will be considered under this clause as liquidated damage.

7. FORCE MAJEURE

7.1 Circumstances Beyond Control & Payment

If at any time before the completion of the Services under the Contract any portion/part area of the Services shall be

damaged or destroyed as a consequence of Force Majeure, as defined in Clause 7.3 (Default) hereof, occurring within the

State of Qatar beyond the control of Contractor and form unforeseen cause, the Contractor will receive the proportionate

payment for any additional refractory maintenance services which may be requires to be completed only by him as a result

of such delays, damages.

7.2 Notice of Force Majeure

Any of the Parties affected by Force Majeure shall promptly notify the other Parties in writing of any situation or event

occurring within the State of Qatar arising from any circumstances beyond it„s control, which is unavoidable and which

could not reasonably be foreseen and which makes it impossible for the affected Party to carry out in whole or in part its

obligations under the Contract.



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7.3 Non Default

Neither Party shall be considered to be in default in the performance of its obligations hereunder as a result of Force

Majeure, which as implied herein, shall mean Acts of God, War (declared or undeclared), riots, civil commotions,

revolutions, hostilities, strikes, epidemics, accidents, fire, floods, earth-quakes, explosions, blockages, nuclear hazards,

extreme weather conditions and any other cause similar to the kind herein mentioned or of equivalent force occurring

within the State of Qatar which is beyond the control of the Parties, unavoidable which could not reasonably be foreseen

and which renders impossible the fulfillment of the Contract.

7.4 Delays in Performance

If the performance of any obligations or responsibilities of any Party is delayed for more than 30 (Thirty) days, the term of

this Contract shall either be extended for such period or the Contract may be terminated at the OWNER„s choice. In the

event that the performance of the services is prevented in whole or in part due to an occurrence referred to in Clause 7.3

(Non Default) hereof, then the OWNER shall have the option at any time after the commencement of such occurrence to

terminate the Contract by giving written notice to CONTRACTOR. The payment on termination shall be assessed as the

reasonable and actual cost incurred by the CONTRACTOR to demobilize those staff whose services are related to the

Scope of Maintenance Services.

7.5 Notice of Termination

If a termination notice is given as a result of Force Majeure as per Section 7.3 (Non Default) above, the termination shall

become effective upon receipt by CONTRACTOR of the OWNER„s notice to terminate.

08. TERMINATION OF THE CONTRACT

Should the CONTRACTOR fail for more than 30 (Thirty) days after written notice to discharge its contractual obligations as set

out in the Contract and cease to comply with provisions of the Scope of Services except in the case of Force Majeure, the

OWNER shall have the right to terminate immediately the Contract.

09. CONFIDENTIALITY

9.1 The CONTRACTOR shall treat the details of this Contract and all documents prepared hereunder as private and

confidential (save in so far as it may be necessary to pay any such decisions for the performance of its duties hereunder)

and shall not publish or disclose the same or any particulars thereof in any trade of technical paper or elsewhere

without the prior written consent of the OWNER. The CONTRACTOR shall ensure that its personnel and sub-

Contractors enter into similar confidentiality undertakings towards the OWNER.

9.2 Documents shall remain the property of the OWNER.

9.3 All Documents prepared by CONTRACTOR for the services or provided to him by the OWNER shall remain

confidential during the contract execution period, the drawings shall remain in the sole custody of Owner.



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10.INFORMATION REQUIREMENTS

10.1 The Contractor shall submit the following information to the Owner at such regular interval as are appropriate:

a) All communications which:

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

2. Relate to security, access or personnel to the Site area, accidents and safety of personnel, insurances or other matters, which may be

considered of interest to the Owner/QNCC or may require action by him.

b) Programme and Schedules as follows:

1. All programmes and schedules of information requirements from the Owner to the CONTRACTOR and vice versa.

2. All interim or stage programmes issued by the OWNER.

c) Monthly Refractory Installation Services status reports, which must include statements on :

[

1. Progress of Maintenance Services.

2. Performance of the Contractor„s manpower in particular with regards to non-compliance with all such duties and obligations as

contained in the Contract and the Specifications.

3. Quality of the Maintenance Services.

4. Supply or delivery problems and action taken.

5. Any service variation to the Contract period or Contract price with financial details and any reasons which indicate, in view of

Contractor, that these are likely to be varied in the future.

d) Full details of the Contractor„s technical teams/personnel maintained on the site, calculated and reported on a

monthly basis.

10.2 Variations

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

a) Variations which alter, amend or delete items contained in the Contract and which Variation does not alter the Scope of Services,

is not charged against contingencies and which does not increase the Contract Value;

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

c) Variations which are charged against contingencies.

10.3 Hand-over

10.3.1 After successful completion of refractory maintenance service period under the Contract, the Contractor shall notify the Owner

by sending written notice that all refractory maintenance services is substantially completed & the Contract come to end and

the respected site(s) is ready for handling over and accordingly the Owner shall check and approve, then if accepted, the

Contractor shall vacate the site clean without any wastes.

10.4 Contractor„s Technical Team to be deployed in the sites for execution

The Contractor shall provide & deploy all the requirement of specialized technical teams/personnel having experience in Cement

Plant kilns refractory installation services in the Owner„s Cement Plants Nos. 2, 3 4 and 5 at Ummbab, State of Qatar for the



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execution of all refractory installation services defined in the contract. The qualifications and experience of all provided technical

teams/personnel categories should be approved by the Owner prior to their recruitment by the Contractor to the site.

10.5 Replacement of Contractor„s Technical Teams/ Personnel

The Contractor shall not replace the povided technical teams/personnel subject to this contract without first obtaining the prior

written approval of the Owner. Any request to replace the provided technical teams/personnel to the site shall be accompanied by the

curriculum vitae of the proposed new manpower and an undertaking that such change of manpower categories neither

inconveniences the Owner nor causes to the Owner any delay or extra costs.

11.ASSIGNMENT

The Contractor shall not assign or transfer the benefit or obligation of the Contract or any part thereof to any third party without

the prior written approval of the Owner. However, the Contractor shall be entitled at any time to take into partnership another

partner or partners (or directors) and he or they shall be deemed to be included in the expression “Contractor”.

12.TAXES

The Contractor shall be responsible for the payment of all taxes including income tax, customs or import duties, training levies

and all other levies and taxes applicable by laws, any regulatory or concerned authority in the State of Qatar. Any new taxes

decides by State of Qatar Authorities or modifications of the existing taxes after the date of signing of the Contract shall be

mutually discussed in order to adapt the contractual price accordingly.

13.VISA AND PERMITS

The Contractor shall be responsible for the fees for obtaining all visas and permits required in the performance of the Contract. If

needed the Owner will provide his support if possible to the Contractor to enable him for obtaining such visas and permits

whenever possible.

14. OWNER’S APPROVAL

The Owner„s specific approval in writing shall be required by Contractor prior to the following:

a) Assignment or subletting by the Contractor of any part of the refractory Services.

b) Any direct instructions by Contractor imposing to its provided manpower a method of working different to that stated in the Contract

or modifying the accepted method included and agreed at Tender Stage.

15. SCOPE OF LIABILITY OF CONTRACTOR

15.1 Errors and Omission

The Contractor is liable for all the detrimental consequences of its recommendation, negligent acts, errors and omissions

on its part or on the other parts of its employees, sub-Contractor, agents or assignees in discharge of its contractual

obligation under this Contract.



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The Contractor„s technical Manpower shall execute the services in accordance with all the requirements and criteria in

the contract and in accordance with standards of care and diligence generally practice and expected by Contracting Firms

possessing high level of skill, experience and expertise and in a manner suitable for the intended purpose.

15.2 Defects

The Contractor, at his own expense, carry out any alterations or remedial maintenance services necessitated by reason

of such errors and omissions for which he is responsible and modify the drawings and information accordingly.

15.3 Limitation

It is also understood that the Contractor has no responsibility of fulfilling any obligations out of the obligations defined

in this Contract.

15.4 Insurance Cover

The Contractor shall take all insurance for his own provided manpower at site (such as medical, life, accident, workmen

compensation etc.) in accordance with the Qatari laws and regulations of the State of Qatar.

Such certificate and policies shall be issued by a reputable insurance company operating in the State of Qatar and

acceptable to the Owner.

15.5 Violation of Rights of Third Parties

The Contractor shall be responsible for violation of the rights of third parties unless he has not been given correct

information concerning these provision or rights or that he has brought to the notice of the Owner such liability

beforehand.

15.6 Contracts by Contractor

The Contractor shall collect all the necessary information required for the execution and discharge of its obligation and

services as stated under this Contract and shall initiate and activate all necessary contracts for this purpose. The Owner

shall assist in facilitating when possible.

16. WARRANTY PERIOD.

Warranty period means forty five(45)days covering any defect/default/neglects maybe appeare during such period in

any portion/section or complete replaced refractory items in any area in namely kiln(s), cooler(s) or preheater(s). The

warranty period covers the refractory maintenance period under Contract.

17. NOTICES

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

the following means:



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- By fax transmission

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

- By express courier or telegram transmission

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

18. LANGUAGE OF THE CONTRACT

The language of the Form of Agreement in Arabic and English, in case of a conflict found in the Form of Agreement

between the Arabic text and English Text, the Arabic text shall prevail. All reports, designs, drawings, correspondence,

General Conditions of Contract etc. shall be in the English language. In case of these Contract documents being

translated into ArabicText for the benefit of any regulatory body in the State of Qatar and will arise a conflict between

the English and Arabic text, the English text shall prevail.

19. SETTLEMENT OF DISPUTES AND APPLICABLE LAWS

19.1 Settlement of Disputes

In case of any dispute arising between the Contractor and the Owner, the parties shall first make an attempt to settle the

same amicably as early as possible. If the dispute cannot be settled within 90 days of its arising, the same shall be referred

to the competent Qatari Court(s).

19.2 Applicable Law

Applicable law shall be Qatari Laws.

20. Services to Continue

Performance of the Contract shall continue during judicial proceedings unless the Owner shall order suspension thereof, and if

any such suspension shall be ordered, the reasonable expenses of the Contractor occasioned by such suspension shall be

included in the total fixed Contract price if the competent Qatari Court(s) so decides. No payment due or payable by the Owner

shall be withheld on account of pending reference to the competent Qatari Court(s).

____________________________________________

(The end of this General Conditions of the Contract)

Tender Documents - Qatar National Cement Company · PUBLIC TENDER NO.: (GTNO 0QATAR NATIONALCEMENT...

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