PARTICULAR INSTRUCTIONS TO THE BIDDERS
FOR CAPT TENDERS
[SINGLE ENVELOPE]
KUWAIT OIL COMPANY (K.S.C.)
(Register of Commerce No. 21835)
PARTICULAR INSTRUCTIONS TO THE BIDDER – CAPT TENDERS
[SINGLE ENVELOPE]
- for RFP 2100511 – HIRE OF HEAVY EQUIPMENT AND CRANES
This document shall be read in conjunction with all other parts of the Tender Documents.
1.
PARTICIPATION IN TENDER
This is a public tender issued by the Central Agency for Public Tenders (“CAPT”) at the request
of Kuwait Oil Company (“KOC” or “Company”).
The bidder shall register their entity with the CAPT in accordance with the registration
requirements listed on the CAPT website at https://capt.gov.kw. Registration requirements are
available in both Arabic and English. The bidder shall contact the relevant department at the
CAPT for any queries related to registration.
The bidder must be registered as a KOC Business Partner by applying for registration online
through KOC’s eBusiness Portal for an eBusiness Account at https://ebusiness.kockw.com.
Existing eBusiness Partners shall update their information with KOC if required.
The bidder intending to participate in this tender must conform to the requirements set forth in
paragraph 6.17 to 6. herein; otherwise the bid shall be disqualified.
2.
TENDER DOCUMENT AND INFORMATION
The tender document and relevant tender information such as Tender Fee, Bid Bond value, prebid meeting date, bid closing date, and tender announcements shall be as published in the
Official Gazette (Kuwait Alyoum) and on the CAPT website.
The bidder shall obtain the tender documents from CAPT.
The bidder is advised to continuously check the CAPT website for any new notices or revisions
related to the tender.
The bidder shall inquire about any missing drawings, sketches and the like in writing at the prebid meeting. Where any pages of the tender are duplicated or missing or the reproduction is not
clear or any doubt exists as to the full extent and meaning of any description or the breakdown of
the Contract Price or attachments to the Form of Tender or any part of this tender contain any
errors, the bidder shall clarify on the same at the pre-bid meeting.
3.
QUESTIONS
The bidder shall endeavor to submit all their questions/clarifications regarding the tender at the
pre-bid meeting in writing using the format enclosed in Annexure [1] (Bidders Query Form).
Particular Instructions to the Bidder – CAPT Tenders (Single Envelope)
CSG-SSS-IB-006 Rev 2 (October 2022)
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Should the need arises for additional pre-bid meeting(s) to answer questions and clarify on raised
queries, the Central Agency of Public Tenders (CAPT) shall advise the bidders of the additional
pre-bid meeting’s date, time and venue.
4.
PRE-BID MEETING
4.1
With reference to Clause 2 of the General Instructions to the Bidder, the pre-bid meeting shall be
conducted at the location, date and time specified in the Official Gazette (Kuwait Alyoum).
The bidder (or bidder’s representative) who paid the Tender Fee shall only be permitted to attend
the pre-bid meeting. The attendee must present a copy of the Tender Fee receipt for attending the
pre-bid meeting.
4.2
During the pre-bid meeting, bidder may notify the Company in writing, with any new
technologies readily available in the market pertaining to the Materials and products for this
tender. The notification shall include all Materials and products to be furnished by the Contractor
and its Vendors and Subcontractors. The bidder shall also during the pre-bid meeting, notify the
Company regarding any restrictive patents, trademarks, licenses, intellectual property rights,
copyrights, trade secrets, if any, related to third parties associated with such new technologies of
Materials and products.
In case the proposed new technology of Materials and products by the bidder is acceptable to
KOC, the Tender documents shall suitably be amended and issued through a Supplementary
Letter by CAPT to include the same in the Tender. In the event the CAPT does not issue a
Supplementary letter, bidder shall not include the same in their bid. Any inclusion of new
technology of Materials and products in bidder’s offer without a Supplementary letter issued by
CAPT, shall be treated as an alternate offer and the CAPT may reject the bid.
4.3
The pre-bid meeting(s) shall be minuted by the Company and the Minutes of Pre-Bid Meeting
shall be issued by CAPT, which shall form an integral part of the tender document.
4.4
Should the need arises for modification or changes in tender documents, the same shall be
issued by CAPT through a supplementary letter, which shall form an integral part of the tender
document.
5.
SITE VISIT
With reference to paragraph 12 of the General Instructions to the bidder, there shall be no Site
visit.
6.
FORM OF TENDER AND ATTACHMENTS TO THE FORM OF TENDER
Without prejudice to the contents of Clause 7 and 8 of the General Instructions to the Bidder, the
bidder shall fill the Arabic* Form of Tender and its Attachments received from the Central
Agency for Public Tender in the following manner.
6.1
The bidder shall quote on the Form of Tender the Not-to-Exceed Value, and shall detail this price
on Attachments Numbers 1 to 4 to the Form of Tender.
Particular Instructions to the Bidder – CAPT Tenders (Single Envelope)
CSG-SSS-IB-006 Rev 2 (October 2022)
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6.2
In Attachment No. 1 to the Form of Tender, the bidder shall submit the Breakdown of Not-toExceed Value as required therein.
6.3
In Attachment No. 2 to the Form of Tender, the bidder shall submit the unit rate of Cost for
Lease of Heavy Equipment and Cranes as required therein.
6.4
In Attachment No. 2A to the Form of Tender, the bidder shall submit the Breakdown of
Manpower Cost as required therein.
6.5
In Attachment No. 3 to the Form of Tender, the bidder shall submit the unit rates of Cost for
Lease of Additional Heavy Equipment as required therein.
6.6
In Attachment No. 4 to the Form of Tender, the bidder shall submit the unit rates of Cost for
Excess Hours as required therein.
6.7
In Attachment No. 5 to the Form of Tender, the bidder shall provide the details of the Heavy
Equipment.
6.8
In Attachment No. 6 to the Form of Tender, the bidder shall submit manufacturer’s catalogues
for the Heavy Equipment.
6.9
In Attachment No. 7 to the Form of Tender, the bidder shall submit the Preliminary Programme
of Services and Mobilization Plan.
6.10
In Attachment No. 8 to the Form of Tender, the bidder shall sign the declaration and undertaking
with reference to Article 82 of Law No. 49/2016 on Public Tenders.
6.11
In Attachment No. 9 to the Form of Tender, the bidder shall submit the authorized signatory.
6.12
In Attachment No. 10 to the Form of Tender, the bidder shall its preliminary HSE plan
6.13
In Attachment No. 11 to the Form of Tender, the bidder shall submit the details and list of Local
Products as applicable.
6.14
In Attachment No. 12 to the Form of Tender, the bidder shall submit its bank details as required.
6.15
In Attachment No.13 to the Form of Tender, the bidder shall submit the required declaration of
commissions.
6.16
In Attachment No. 14 to the Form of Tender, the bidder shall submit the required government
certificates listed therein, dated no earlier than thirty (30) days from the bid closing date.
6.17
In Attachment No. 15 to the Form of Tender, the bidder shall submit the required documents for
evaluation and qualification of the Bidder.
6.18
In Attachment No. 15-A to the Form of Tender, the bidder shall submit the required documents
for evaluating Technical Credentials of the Bidder.
6.19
In Attachment No. 15-B to the Form of Tender, the bidder shall submit the required documents
for evaluating HSE Credentials of the Bidder.
6.20
In Attachment No. 15-C to the Form of Tender, the bidder shall submit the required documents
for evaluating Financial Credentials of the Bidder.
Failure to submit the required certificates shall result in the disqualification of the bid.
7.
Any bid made by a joint venture, consortium, association, or any form of partnership will be
rejected unless submitted by one single corporate body nominated as the sole bidder and the sole
Particular Instructions to the Bidder – CAPT Tenders (Single Envelope)
CSG-SSS-IB-006 Rev 2 (October 2022)
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contracting party. However, the Company may opt at its sole discretion to enter into contract
with all members of such partnership.
8.
The bidder shall properly complete and clearly, type the bid in the English language except for
those Arabic documents issued by CAPT and instructed to be filled by bidder. The bidder shall
fill in all blank spaces and shall explain and initial any corrections, alterations, erasures or
interlineations. Where any section of the tender document is in Arabic, that section shall be
completed in Arabic. A partial or incomplete document may result in rejection of the bid.
9.
The bidder is deemed to be fully informed of all matters which may in any way affect the
performance and/or cost of the Services, including but not limited to the form and nature of the
Site; access to the Site; the full extent and characteristics of the Services; the contents and terms
of all the tender documents and its attachments; and any information provided at or subsequent
to the pre-bid meeting and the Site visit.
10.
The bidder is deemed to have adequate knowledge of the requirements of the Company's HSE
Management System and shall comply with the requirements therein in all aspects.
11.
The successful bidder will not be permitted by the Public Authority of Manpower to import
labour for the execution of this Contract if the Contract Period or Date for Completion
(excluding the Defects Liability Period) is less than twelve (12) months, in which case the bidder
must have sufficient manpower available locally under its sponsorship to perform the Services
under the Contract.
12.
The bidder acknowledges that the Company is the author of all documents comprising this tender
and the copyright in all such documents vests in the Company, and except where reasonably
necessary for contract administration purposes, the bidder shall not use, reproduce, transmit or
store the tender documents in any form or by any means without the Company’s prior written
permission.
13.
The bidder must ensure that the Tender Fee as well as all other documents submitted to CAPT
bear the exact/correct name of the bidder.
15.
BID BOND
With reference to Clause 12 of the General Instructions to the Bidder, the bidder shall submit a
Bid Bond (in Arabic) in the value and format specified in the tender document or in CAPT
website. The bid shall not be considered in the event of failure to submit a Bid Bond.
16.
PROVISIONS FOR SMALL AND MEDIUM ENTERPRISES (SMEs)
With reference to Law No.74/2019,
16.1
For SMEs, Tender Fees are not applicable and it is not required to provide proof of purchasing
the tender documents.
16.2
Company shall apply twenty percent (20%) price preference for bids submitted by SMEs during
the bid evaluation and award of Contract. The price preference for SMEs shall be applied only
when the nature of Services of the Tender is in line with the activity description in the license
and certification given by Kuwait Chambers of Commerce and Industry.
Particular Instructions to the Bidder – CAPT Tenders (Single Envelope)
CSG-SSS-IB-006 Rev 2 (October 2022)
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16.3
If Bidder is a SME, then Bidder shall ensure submitting hard copies of the following along with
a cover letter:
a.
b.
c.
d.
Valid Registration Certificate issued by the National Fund for Small and Medium Enterprise
Development.
Recent Financial Statement of the enterprise showing total annual revenue that is audited by
a Certified Independent Auditor.
Certificate of origin for Local Product, if available.
Request for waiver of Tender Fees.
The above submittals shall be submitted along with the Bid Bond.
17.
SUBMITTAL OF THE BID
The bid shall be submitted in the envelope(s) provided by the Central Agency for Public Tenders
in compliance with Clause 7 & 8 of the General Instructions to the Bidder and in accordance
with the instructions available on the Central Agency for Public Tenders website.
18.
PERFORMANCE BOND
18.1
With reference Clause 17 and 18 of the General Instructions to the Bidder, the Performance
Bond required to be submitted by the successful bidder shall be ten percent (10%) of the
Contract Price, worded generally in accordance with the specimen provided by CAPT.
18.2
The successful bidder shall submit the Performance Bond to KOC within ten (10) days of being
informed of its bid being accepted, or within any extension granted by KOC of the said period.
In case of non-submission of the Performance Bond, the bidder may be deemed to have
withdrawn their bid and CAPT may call and draw down upon the full amount of the Bid Bond.
18.3
In the event the successful bidder does not sign a contract with Company within thirty (30) days
after submission of the Performance Bond, the bidder may be deemed to have withdrawn their
bid; and the CAPT may call and confiscate the full amount of the Bid Bond and Company may
call and confiscate the full amount of the Performance Bond.
19
The provisions of Law No.49/2016 on Public Tenders, its Executive Regulations, and any
amendments thereto shall form an integral part of the Tender Document and shall be construed
as supplementary to all terms and conditions contained therein as appropriate.
20.
The successful bidder shall submit a copy of the following documents at the time of signing of
the Contract for the facilities listed under clause 7.5 of Contract Specification, failing which the
bidder may be deemed to have withdrawn their bid and the Company may call and draw down
upon the full amount of the Bid Bond
a) Valid proof of Ownership agreement (Certificate from Public Authority of Industry -PAI) or
valid Lease agreement with the third party along with PAI certificate issued to the third party.
b) Layout drawings with dimensions of bidder’s facility clearly showing the Offices/Reception,
Yards and Workshop.
Annexure 1 – Bidders Query Form
Annexure 2 – Specimen of Tax Retention Bond
Particular Instructions to the Bidder – CAPT Tenders (Single Envelope)
CSG-SSS-IB-006 Rev 2 (October 2022)
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