section a instructions to tenderers

SECTION A

INSTRUCTIONS TO TENDERERS

Project ID: IA 2017 S 038 I A/Disclaimer November 2017 Post Contract PSA for Various Catchment Within Doha West (C821/2 Package 2)

TECHNICAL SUBMISSION SECTION A INSTRUCTIONS TO TENDERERS

DISCLAIMER

These Instructions to Tenderers are issued by the Public Works Authority (hereinafter the “Authority”) to Tenderers following the Invitation to Tender for the provision of Professional Services. The Invitation to Tender includes the Fee Tender Documents in addition to any other information which is thereafter made available to potential Tenderers by the Authority in accordance with the conditions as stated hereinafter.

These Instructions to Tenderers have been prepared equitably and neither the Authority, nor any of its representatives or agents, accepts any responsibility or liability whatsoever in relation to the accuracy, adequacy, or completeness of these Instructions to Tenderers, nor do they make any warranty or representation, either express or implied, in relation to any information or material in the Instructions to Tenderers or upon which the Invitation to Tender is based. Unless expressly stated, the Invitation to Tender does not create, either expressly or impliedly, an offer or an invitation to enter into contract, nor does it grant any exclusiveness for any Tenderer, nor shall it give rise to any legal relations or obligations whatsoever.

The Invitation to Tender does not and is not intended to form the source of any contract and shall not create any reliance in respect to any commitment or contract. The information contained in the Instructions to Tenderers does not purport to be comprehensive or to have been verified by an independent party. Any liability on the part of the Authority or any of its representatives or agents, in respect of the Invitation to Tender and the Instructions to Tenderers is hereby expressly disclaimed. Nothing in the Invitation to Tender or Instructions to Tenderers is a promise or representation as to the Authority's, or any of its representatives’ or agents’, final decision in relation to the provision of the Services.

The Authority reserves the right to change, vary, add to, or omit any aspect or part of the Instructions to Tenderers during the tendering process, including the process or procedures for such. The Authority also reserves its right not to accept the lowest, the most economically advantageous or any Tender, to reject all or any Tenders and to withdraw from the Tender process at any time for any reason whether currently known or unknown without prior notice to any and all Tenderers; and, without limitation neither the Authority nor any of its representatives or agents shall incur any liability whatsoever (including, any and all costs or expenses of any Tenderers) in such respect.

Subject to this disclaimer the Invitation to Tender and these Instructions to Tenderers are deemed to be complimentary to each other. By accepting the Invitation to Tender the Tenderer agrees to be bound by the conditions set out in this disclaimer and any and all conditions elsewhere in the Invitation to Tender and Instructions to Tenderers.

Project ID: IA 2017 S 038 I A/i November 201Post Contract Consultancy Services for Various Catchment Within Doha West (C821/2 Package 2)


BRIEF DESCRIPTION OF THE SERVICES:

The project area is on the western periphery of Doha covers in Zone 54 of Administrative setups for Municipalities & Zones. The project area is bordered by Al Rayyan Al Jadeed Road on the North, Al Furousiya Street on the West and Northwest, Al Bustan Road and the Doha Expressway in the East and Al Waab streets in the South. The catchment area of project covers 375 ha of land area. The catchments are mostly developed (90% -95%) and currently being served by the existing foul sewer networks connected to the PS 37 and PS 34. Construction Contract Works comprises of but not limited to the mobilisation, construction, completion and maintenance of:

Gravity Sewers and Manholes of various sizes and depth by cut & cover method. Micro-Tunnels (MT) and Shafts of various sizes and depth. Property survey and provide property connections for the existing properties along

the newly constructed sewers and, demolish/backfill the existing septic tanks, where house connection is provided.

Provide House Connection along the newly constructed sewers Integrate the new sewers with the existing foul sewer network, which may require

upgrading of the existing sewers. Reinstating road surface/pavements. Testing, Handing Over and any other relevant work which are deemed necessary for

the successful completion of the project This PSA covers the project C821/2- Construction of Foul Sewers for various Catchment within Doha West (Package-2) is developed from original DW068 project under Local Roads and Drainage Program (LR&DP). The Catchment area of the project covers 375 ha of land area as shown in C821-2-DD-FS-0001 location plan in Tender drawings Section E. The scope of Services under this Agreement is generally described as follows:

a. General Supervision

b. Site Supervision

c. Quality Assurance Program

d. Drawings and Documentation

e. As-Built Drawings and Records

f. Special Requirements

g. Project Administration

h. Assessment of the Project

i. Overall Project Scope Management

j. Stakeholder Management and Public Involvement

k. Environmental Assessment & Coordination

l. Sustainability Planning

m. Project Controls

n. Progress Monitoring and Reporting

Project ID: IA 2017 S 038 I A/ii November 201Post Contract Consultancy Services for Various Catchment Within Doha West (C821/2 Package 2)


o. Commercial Management

p. Quality Management & Assurance

q. Health, Safety and Security Management

r. Construction Management

s. Project Close Out / Maintenance Period Management

t. Post-Contract Quantity Surveying

The services are described in detail within Section C [Project Brief], Part 1 [Scope of Services] .

The Consultant shall complete the Construction Supervision Services within (1095) Days, plus Four Hundred (400) Days for the Maintenance Period.


Project ID: IA 2017 S 038 I Contents / 1 November 2017 Post Contract Consultancy Services for Various Catchment Within Doha West (C821/2 Package 2)

Table of Contents

PART 1: GENERAL INSTRUCTIONS FOR TENDERING .................................................................... 1

1. DEFINITIONS ............................................................................................................................. 1

2. SUBMISSION OF TENDER ........................................................................................................ 2

3. ACCOMPANYING LETTER, TENDER GUARANTEE, ANTI-COLLUSION CERTIFICATE AND TENDER ACKNOWLEDGEMENT FORM.................................................................................. 5

4. TENDER VALIDITY PERIOD ...................................................................................................... 6

5. TENDER OPENING .................................................................................................................... 6

6. FEE TENDER DOCUMENTS ...................................................................................................... 6

7. INTERPRETATION OF THE DOCUMENTS ................................................................................ 7

8. CORRECTIONS TO AND CLARIFICATION OF TENDERS AFTER SUBMISSION ..................... 7

9. QUALIFICATION OF TENDERS AND ALTERNATIVE OFFERS ................................................. 8

10. ACCEPTANCE OR REJECTION OF TENDERS ......................................................................... 8

11. RIGHT TO CHANGES................................................................................................................. 9

12. CONFIDENTIALITY OF TENDER DOCUMENTS ........................................................................ 9

13. ENGINEERS' ACCREDITING AND CLASSIFYING COMMITTEE ............................................... 9

14. CONSORTIUM / JOINT VENTURE AGREEMENT .................................................................... 10

15. COMMERCIAL LICENSE FOR CONSULTANTS .................................................................... 10

16. FOREIGN / NON-QATARI TENDERERS ................................................................................ 11

17. SITE VISIT ................................................................................................................................ 11

18. PRE-TENDER CONFERENCE ................................................................................................. 11

19. INSURANCE ............................................................................................................................. 11

20. SERVICE PROVIDERS CLASSIFICATION CERTIFICATES .................................................. 12

21. QATAR CENTRAL BANK .......................................................................................................... 12

22 ON-THE-JOB TRAINING AT CONSULTANTS' PREMISES .................................................... 13

23 TENDER OPENING FORMS (ARABIC) FOR TECHNICAL AND FINANCIAL CRITERIA SUBMISSIONS ........................................................................................................................ 13

PART 2: TENDER CONDITIONS AND TENDERING INSTRUCTIONS OF PARTICULAR APPLICATION .......................................................................................................................... 14

24 TENDER CONDITIONS ............................................................................................................ 14

25 TENDER ADJUDICATION PROCESS ...................................................................................... 14


Project ID: IA 2017 S 038 I Contents / 2 November 2017 Post Contract Consultancy Services for Various Catchment Within Doha West (C821/2 Package 2)

PART 3 : SPECIMEN FORMS ........................................................................................................... 16

PART 3.1 : SPECIMEN FORM OF TENDER GUARANTEE ............................................................... 16

PART 3.2: SPECIMEN FORM OF ANTI-COLLUSION CERTIFICATE ................................................ 18

PART 3.3: SPECIMEN FORM OF TENDER ACKNOWLEDGEMENT FORM ..................................... 19

PART 3.4: SPECIMEN FORM OF TENDER RETURN CHECKLIST AND AUTHORISATION FORM .. 20


Project ID: IA 2017 S 038 I A / 1 November 2017 Post Contract Consultancy Services for Various Catchment Within Doha West (C821/2 Package 2)

PART 1: GENERAL INSTRUCTIONS FOR TENDERING

1. DEFINITIONS

The following definitions, in general, apply to these Instructions to Tenderers. Tenderers shall refer to other definitions set forth in Section B: Conditions of Engagement in interpreting other parts of the Tender Document.

1.1 “Fee Tender Documents” shall mean those documents as described by Item 6 of these Instructions.

1.2 “Financial SUBMISSION” shall mean those documents as described within Item 2.8 b) of these Instructions.

1.3 “Form of Tender” shall mean the documents comprising Section F of the Fee Tender Documents.

1.4 “Instructions” shall mean this document, the ‘Instructions to Tenderers’.

1.5 “Power of Attorney” shall mean a notarised document authorising the signee to bind the Tenderer.

1.6 “Pricing Schedules” shall mean the documents comprising Section G of the Fee Tender Documents.

1.7 “Project Brief” shall mean the documents comprising Section C of the Fee Tender Documents.

1.8 “Specimen Form of Tender Guarantee” shall mean the document contained in Part 3.1 of these Instructions.

1.9 “Technical SUBMISSION” shall mean those documents as described within Item 2.8 a) of these Instructions.

1.10 “Technical Tender Deliverables” shall mean the documents comprising Section D of the Fee Tender Documents.

1.11 “Tender” shall mean the formal offer issued by the Tenderer in connection with the provision of the scope of Services as described within the Fee Tender Documents.

1.12 “Tenderer” shall mean that legal entity submitting a Tender in relation to these Instructions.

1.13 “Tender Addendum” shall mean a formally issued amendment to these Instructions including other Fee Tender Documents.

1.14 “Tender Alternatives” shall mean that as defined by Item 9.3 b) of these Instructions.

1.15 “Tender Circular” shall mean the formal cover letter to a Tender Addendum.

1.16 “Tender Closing Date” shall mean that date set by the Authority for receipt of Tenders submitted pursuant to these Instructions.

1.17 “Tender Conditions” shall mean those conditions as described by Item 21 of these Instructions.

1.18 “Tender Guarantee” shall mean the bond provided by the Tenderer pursuant to Item 3.2 of these Instructions.

1.19 “Tender Price” shall mean the amount stated in a Tender for the execution of the Services in accordance with the terms of the Fee Tender Documents.

1.20 “Tender Qualification” shall mean that as defined by Item 9.3 a) of these Instructions.

1.21 “Tenders Committee” shall mean that governmental entity overseeing the receipt, opening, assessment and award of the Tender.



2. SUBMISSION OF TENDER

2.1 These Instructions to Tenderers relate to an Agreement for POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENT WITHIN DOHA WEST (C821/2 PACKAGE 2).

2.2 The required scope of services shall be carried out under the terms and conditions of the Professional Services Agreement (PSA) General Conditions of Engagement 2010 Edition (Revision A - April 2013), which is further amended and / or appended in other Sections of the Fee Tender Documents, as well as all relevant notices or circulars issued by the Authority and included in the Agreement. All responsibilities necessary for the successful completion of this mandate, whether explicit or implied by the Fee Tender Documents, shall be considered to be included in this scope of Services.

2.3 The Tender shall:

be submitted by the Tenderer, that is the legal entity as stated in the Invitation to Tender;

be completed in full using:

a) Section A: Instructions to Tenderers (including the Specimen Form of the Tender Guarantee);

b) Section D: Technical Tender Deliverables accompanied with all additional information required by the Appendices;

c) Section F: Form of Tender accompanied with all additional information required by the Appendices; and

d) Section G: Pricing Schedule be fully priced.

Tenders that do not give the required information and price details maybe subject to rejection.

Where the Tenderer considers that the price of an item is included within the

price of another item, the Tenderer shall insert ‘Included’ for any such item; The Authority shall be entitled to request the Tenderer to submit a breakdown

of any item for which the Tenderer has inserted ‘Included’ and the Tenderer shall furnish the same as may be requested.

include the return of all Fee Tender Documents provided by the Authority for the purposes of tendering; and

Tenders shall be submitted in original and duplicate hard copies for FINANCIAL SUBMISSION, whereas hard copy (except Technical SUBMISSION flysheet) for TECHNICAL SUBMISSION is not required to be submitted. Soft copies of two labelled DVDs accompanying hardcopy print of Technical SUBMISSION Flysheet shall also be submitted as detailed elsewhere in the Instructions to Tenderers. These will be accepted only on the Form of Tender provided, which shall be completed in full.

2.4 The Tender shall be signed by a principal duly authorised to represent and bind

the Tenderer. A copy of the Power of Attorney (PoA) duly notarised by a Notary Public empowering the signatory principal and, substantiated by copies of valid passports to confirm identity, shall be submitted with the Accompanying Letter.

Where the Tender is submitted by a consortium or joint venture, a principal(s)



authorised to bind each member of the consortium or joint venture shall sign the Tender. In each case, valid PoA duly notarised by a Notary Public empowering the signatory principal(s), with associated identity substantiation to sign the Tender, shall also be provided with the Accompanying Letter.

2.5 The Tender Price, rates, percentages and sums inserted shall be fully inclusive, without limitation, of all liabilities and obligations to be borne by the Tenderer in accordance with the Agreement.

2.6 The Tender Price, all rates, percentages and sums shall be in Qatari Riyals (QAR).

2.7 A lump sum firm price shall be submitted.

Tender selection and award is to be based on a ‘Two Envelope’ tendering system and 2.8 therefore the Tender and all accompanying documents (in duplicate where required) shall

be submitted in two (2) separate Packages as follows: a) The Technical Submission (Volume 1) of the Tender Document must be enclosed in

one envelope sealed with red wax and clearly marked ‘TECHNICAL PACKAGE’; and

b) The Financial Submission (Volume 2) of the Tender Document must be enclosed in a separate envelope sealed with red wax clearly marked ‘FINANCIAL PACKAGE’.

One set of the returned Fee Tender Documents must be clearly marked “Original Tender” and the other marked “Copy” and that, in the event of discrepancy the “Original Tender” shall take precedence.

The two (2) envelopes must be marked as follows in English and Arabic.

Tender for:

POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENT WITHIN DOHA WEST (C821/2 PACKAGE 2)

PROJECT ID: IA 2017 S 038 I

TENDER NO.: CLOSING DATE: [as Tender issue covering notice]

and which shall be addressed:

The Chairman Intermediate Tenders Committee (“ITC”) Ground Floor, Tower 1, Public Works Authority P.O. Box 22188 Doha, Qatar

Both envelopes must not bear any mark, indication or name of the Tenderer.

(a) The Technical Submission of the Fee Tender Document shall comprise the following documents: (to submit ONLY scanned SOFTCOPIES on two (2) labelled DVDs) accompanying hardcopy print of Technical Submission flysheet)

1. Front Cover;

2. Tender Opening Form for Technical;

3. Tender Acknowledgement Form;



4. Contents Page;

5. Consortium or Joint Venture Agreement (if applicable);

6. Anti-collusion Certificate;

7. Tender Circular Acknowledgement;

8. Technical Tender Qualifications and / or Alternatives (proposed by the Tenderer, if applicable);

9. Technical Submission Flysheet (Hardcopy print to accompany DVDs);

10. Section A – Instructions to Tenderers;

11. Section B – Conditions of Engagement;

12. Section C – Project Brief;

13. Section D – Technical Tender Deliverables, with signed cover sheets for each Appendix; and

14. Section E – Reference Documentation

(b) The Submission for Financial Submission of the Fee Tender Documents shall comprise the following documents (to submit original and duplicate HARDCOPIES and scanned SOFTCOPIES in two (2) labelled DVDs)

1. Financial Submission fly sheet;

2. Tender Opening Form for Financial

3. Section F – Form of Tender including Appendix Vll : Agreement Price Summary

4. Section G – Pricing Schedule including additional softcopy in Microsoft Excel worksheet; and

5. Financial Tender Qualifications and / or Alternatives (proposed by the Tenderer, if applicable).

(c) In addition to and not within the envelopes of Technical and Financial Packages, the Tenderer shall separately submit the following documents at the time of submission of his Tender:

1. duly completed, signed and stamped “Tender Return Checklist and Authorisation Form” in the format set out in the specimen in Part 3.4 to these Instructions.

By this Form, the Tenderer must authorise a person to deliver the Tender to the Authority and declare that the documents marked as “Yes” in the checklist are included in the submitted envelopes;

2. original and duplicate copy of the Tender Guarantee; and

3. Accompanying Letter.

4. A copy of valid Commercial Licence issued by the Ministry of Economy & Commerce.

2.9 The Tender shall be delivered not later than the time and date stated in the invitation to tender.

2.10 Should the preferred Tenderer fail to furnish the required Performance Guarantee within



the specified period, the Authority may cancel his Tender and confiscate the Tender Guarantee forthwith without further notice or legal action.

2.11 Should the preferred Tenderer fail to sign the Agreement on the specified date or if he withdraws for any other cause without a reason acceptable to the Tenders Committee he shall be liable for any of the following penalties:

a) warning;

b) lowering his category;

c) striking off his name from the register for a certain period or permanently; or

d) confiscation of the securities / guarantees.

A decision by the Chairman / President of the Authority shall be issued imposing these penalties on the basis of a proposal by the Tender’s Committee.

2.12 All pages of the Technical and Financial Submissions shall have a unique running number in the order of documents listed in Item 2.8 of these Instructions.

2.13 All pages of the Technical and Financial Submissions shall be initialled by the authorised representative and stamped with the Tenderer’s stamp in the bottom right hand corner and contain a unique running number, which shall be a single continuous number running throughout the whole Tender submission.

3. ACCOMPANYING LETTER, TENDER GUARANTEE, ANTI-COLLUSION CERTIFICATE AND TENDER ACKNOWLEDGEMENT FORM

3.1 Accompanying Letter

The Tenderer shall separately submit not within envelopes an accompanying letter on the Tenderer’s company letterhead giving full particulars, as follows:

a) the full name and address of the Tenderer;

b) the full name and business address of the owner or the CEO / managing director of the Tenderer’s parent company as appropriate;

c) the full name and address of the Tenderer’s sponsor, agent or representative in the State of Qatar, if the Tenderer is not a local Qatari company; and

d) details of the current registration in the State of Qatar or commitment to be commercially registered in the State of Qatar in case of award.

3.2 Tender Guarantee

The Tenderer shall separately submit not within envelopes a Tender Guarantee in the format set out in the Specimen Form of Tender Guarantee in Part 3.1 to these Instructions, in the amount stated on the Form of Tender – Section F of the Fee Tender Documents.

The Tender Guarantee shall be obtained from a Qatari bank or a bank with a valid registration and operating in the State of Qatar and in the form of letter of guarantee or bank Manager’s cheque. A guarantee issued by an insurance company shall not be acceptable.

However, cheques withdrawn from an offshore banks shall be accepted, provided they are certified as accepted by a local or accredited banks with a registered office in Qatar. The Tenderer shall additionally provide a written undertaking from their banks to irrevocably and unconditionally agree to pay to PWA, without regard to any objection(s) or any other party, the amount of the cheque immediately upon receipt of the first demand.



A guarantee in respect of another tender shall not be acceptable as the guarantee in respect of this Tender.

The Tender Guarantee shall be returned to the respective Tenderer within thirty (30) Days of notification by the Authority that:

a) such Tenderer has not been successful; or

b) it has been decided that no Tender is to be accepted.

The Tender Guarantee of the successful Tenderer will be retained and, if necessary, extended at such Tenderer’s expenses until the conditions set out in the Fee Tender Documents have been met.

Failure to provide the Tender Guarantee may render the Tender non-compliant and disqualified.

3.3 Anti-Collusion Certificate

The Tenderer shall enclose with the Technical SUBMISSION an Anti-Collusion Certificate in the format set out in the Specimen Form of Anti-Collusion Certificate in Part 3.2 to these Instructions. If the Authority deems, entirely at its own discretion, that the undertakings stated within the Anti-Collusion Certificate have been breached in any form or manner whatsoever the Tenderer’s Tender shall be disqualified and the Tender Guarantee confiscated by the Authority.

3.4 Tender Acknowledgement Form

3.4.1 The Tenderer shall enclose in the case of Limited Tender Invitation, in reply to the Invitation to Tender and with the Submission

3.4.2 In the case of General Tender Invitation, with the Submission, a Tender Acknowledgement Form in the specimen form in Part 3.3 to these Instructions.

4. TENDER VALIDITY PERIOD

4.1 The Tender shall remain valid for a period of ninety (90) Days from the Tender Closing Date, or any such amended date as formally notified by the Authority, and may be accepted by the Authority at any time before the expiration of that period. However, the Authority may request an extension to this validity period by a further thirty (30) Days if necessary and the Tenderer shall extend the validity accordingly.

4.2 The Tenderer who fails to comply with the further extension(s) to this tender validity period as requested shall be excluded.

5. TENDER OPENING

5.1 The opening of the Tenders will be carried out by the Tenders Committee on the Tender Closing Date, or any such amended date as formally notified by the Authority.

6. FEE TENDER DOCUMENTS

6.1 The documents provided for purposes of tendering (hereinafter called the “Fee Tender Documents”) are:

a) Section A – Instructions to Tenderers;

b) Section B – Conditions of Engagement;



c) Section C – Project Brief;

d) Section D – Technical Tender Deliverables

e) Section E – Reference

f) Section F – Form of Tender; and

g) Section G – Pricing Schedule.

7. INTERPRETATION OF THE DOCUMENTS

7.1. The Tenderer shall make no unauthorised alteration to the Fee Tender Documents.

7.2. Any mistake made in completing the Fee Tender Documents and corrected before submission of the Tender, shall be initialled by the principal(s) duly authorised to sign the Tender.

7.3. If the Tenderer has any doubts as to the meaning of any part of the Fee Tender Documents, or if he discovers any ambiguity or discrepancy in the Fee Tender Documents, or if any words or figures should be indistinct in the copy of the documents provided, then the Tenderer shall notify the same to the Authority’s Contracts Department via email to: [email protected] not later than fourteen (14) Days before the date fixed for the submission of the tenders.

7.4. The Authority’s reply will be given in the form of a circular which shall be published in the

website including an email notification to download it by the Tenderer. The Tenderer shall be responsible to visit website regularly during the tender period to obtain all the updates regarding Tender Circular.

7.5. The Tenderer shall be responsible for ensuring the completeness and sufficiency of the Tender. No amendment to a submitted Tender will be allowed after the date and time fixed for Tender submission should the Tenderer later claim that any item or detail was missing or had been duplicated.

8. CORRECTIONS TO AND CLARIFICATION OF TENDERS AFTER SUBMISSION

8.1. The Tenderer shall not be permitted to make corrections or amendments to his Tender for any reason whatsoever after the time and date fixed for the submission of the Tender.

8.2. The Authority shall adjust arithmetical or other errors made by the Tenderer in compiling his Tender, as follows:

a) where the total of arithmetical errors is such that the Tender Price would have been increased, then the individual rates, prices and percentages shall be proportionally reduced to be the same as the Tender Price; or

b) where the total of arithmetical errors is such that the Tender Price would have been reduced, then the individual rates, prices and percentages shall be proportionally reduced to be the Tender Price.

8.3. Any adjustment, correction, clarification or amendment made by the Authority to a Tender shall be notified to the Tenderer.

8.4. Where the Tender Price is computed by a Tenderer by making a lump sum adjustment to the summed total of the Pricing Schedules or to the summed total of a section of the Pricing Schedules, then the lump sum adjustment so made will be deemed to apply proportionally to the individual rates, percentages and sums throughout the Pricing Schedules, or throughout that section of the Pricing Schedules.



9. QUALIFICATION OF TENDERS AND ALTERNATIVE OFFERS

9.1. The objective of the Tender is to establish a single format to be followed by each Tenderer to ensure a uniform and impartial evaluation of each Tender submission. Tenderers shall submit a fully compliant un-qualified Tender strictly in accordance with the requirements of the Fee Tender Documents and shall provide all information required herein.

9.2. Where the Tenderer intends to submit Tender Qualifications and / or Tender Alternatives, they must be identified with his Tender submission on the appropriate forms provided with the Form of Tender.

9.3. A Tender Qualifications and a Tender Alternative are differentiated as follows:

a) Tender Qualifications

Tender Qualifications constitute deviations from Section B – Conditions of Engagement

b) Tender Alternative

Tender Alternatives constitute deviations from the technical requirements contained within Section C – Project Brief.

9.4. Tender Qualifications and Alternatives will only be considered provided that:

a) the Tenderer submits a bona fide Tender in accordance with the Fee Tender Documents in the first place;

b) alternative offers are fully described and / or accompanied by sufficient draft programmes, resources, schedules and method of statements, as applicable; and

c) qualification and alternatives are fully priced and detailed to permit a proper assessment of their implications or suitability.

9.5. The Tenderer shall note that if a fully compliant un-qualified Tender is not submitted, the stated qualifications may not be accepted and the Tender may be rejected as non- compliant, at the discretion of the Authority.

10. ACCEPTANCE OR REJECTION OF TENDERS

10.1. The Authority does not bind itself to accept the lowest or any Tender and is not obliged to assign any reason for the rejection of any Tender.

10.2. The Authority is not responsible for nor shall be obliged to pay any expenses or losses which may be incurred by the Tenderer in the preparation of his Tender, except as expressly stated within ITT 10.3 and/or 10.4 of these instructions.

10.3 Should the tender be cancelled by the Authority prior to the date of the opening of the

tenders, the Tenderer shall be entitled to reimbursement of the fees paid for the Tender Documents.

10.4 Should the tender be cancelled by the Authority after the date of the opening of the tenders,

only those Tenderers who have submitted tenders to the Authority in accordance with these Tender Documents shall be entitled to reimbursement of the fees paid for the Tender Documents.

10.5 Reimbursement shall be subject to the presentation by the Tenderer of proof of payment via a

receipt for the Tender Documents.



10.6 Tenderers shall not be entitled to reimbursement of the fees paid for the Tender Documents in the event the tender is cancelled by the Authority at its sole discretion due to its receipt of technically non-compliant or financially unviable tenders.

11. RIGHT TO CHANGES

11.1. At any time prior to the Tender Closing Date, the Authority may amend or modify the Tender Documents in any respect through Tender Circulars. The Tender Circular shall be acknowledged by the Tenderer by returning the Tender Circular cover sheet to the Authority’s Contracts Department by email to: [email protected].

11.2. Each Tender Circular issued by the Authority shall constitute part of the Tender Documents. The Tender Circulars shall only be issued by the Authority’s Contracts Department to the Tenderer’s nominated single point of contact and his delegated point of contact.

11.3. The Authority has the right during the Agreement Period to increase or decrease the scope of Services at the same Contract rates, prices or fees, by up to 20% of the Services Price.

12. CONFIDENTIALITY OF TENDER DOCUMENTS

12.1. Fee Tender Documents and all matters and details in connection therewith shall be regarded as strictly private and confidential during and after tendering. Save as may be required by Law or by legal proceedings; government agency; an insurer under a policy of insurance issued pursuant to the Tender; or other consultants engaged by the Tenderer for purposes in connection with the Tender, no information contained within, or relating to, the Tender shall be disclosed to any persons or other parties.

12.2. No information relating to clarification, determination of responsiveness, evaluation and comparison of Tenders and recommendations concerning the award of the contract shall be disclosed to Tenderers or any person not involved in such clarification, determination, evaluation, comparison and recommendation until selection of the shortlisted Tenderers and then at the Authority’s discretion only to the shortlisted Tenderers.

12.3. Drawings or information relating to the Tender may only be copied or conveyed by the Tenderer to his proposed sub-consultant or other persons concerned with the Tender as may be essential for the submission of a complete and compliant Tender.

12.4. It is the Tenderer’s responsibility to ensure that any information disclosed to any sub- consultant or authorised third parties is treated as highly confidential by them, and that any copies or reproductions of documents or drawings given to them are returned to the Tenderer.

12.5. Unless otherwise stated, drawings or information relating to the Tender shall not be copied or reproduced in any way or conveyed by the Tenderer to any other third party without first obtaining the prior written authorisation of the Authority.

13. ENGINEERS' ACCREDITING AND CLASSIFYING COMMITTEE

13.1. The Tenderer shall submit with his Tender a copy of his registration certificate(s), issued by the ‘Committee for the Enrolment of Engineers & Engineering Consultancy Offices’ of the General Authority of Planning & Urban Development in accordance with Law No. 19 of 2005 ‘Regulating the Practice of Engineering Professions’ in accordance with Section D of the Fee Tender Documents.



13.2. In the event that the Tenderer does not hold Engineering Registration relevant to the Services then the Tenderer shall complete the Commitment to Engineering Registration as stipulated in Section D of the Technical Tender Deliverables, in place of the registration documents.

13.3. Where the Tenderer does not have registration for all required disciplines and intends

to employ a sub-consultant(s) then such sub-consultant shall be registered in the State of Qatar or committed to be commercially registered in the State of Qatar in case of award with the ‘Committee for the Enrolment of Engineers & Engineering Consultancy Offices’ the General Authority of Planning & Urban Development. Copies of the proposed sub- consultant(s) registration certificates must also be submitted with the returned Tender.

13.4. It is the responsibility of the successful Tenderer to obtain all consents, permits and licenses necessary to perform the Services and to ensure that the costs of procuring such consents, permits and licenses are included in the Tender.

13.5. The Authority stresses that the responsibility to identify and obtain the required consents, permits and licenses rests solely with the successful Tenderer. The time required to obtain the necessary approval and studies that are associated with the requirement must be taken into consideration by the Tenderer.

14. CONSORTIUM / JOINT VENTURE AGREEMENT

14.1. Where the Tenderer is a juristic entity comprising two (2) or more parties forming a Joint Venture, Consortia and other Associations it may apply for a tender

(i) provided that the JV Consortia and other Associations registered in the State of Qatar, (ii) provided the JV establishes a company for the sole purpose of implementing the

contract after being awarded and before concluding the contract. Such a copy of the Joint Venture Agreement is to be provided with the Technical Submission. Where such an Agreement is to be executed upon award a copy of the draft Agreement as stipulated in Section D, Technical Tender Deliverables must be provided with the Technical Submission.

14.2. The Authority reserves the right to reject a preferred Tender should the Joint Venture Agreement not meet the Authority’s satisfaction and subsequent negotiations fail to address the Authority’s concerns.

14.3. A Specimen Form of Declaration of Willingness to Association is provided in Section D, Technical Tender Deliverables.

14.4. The Tender Guarantee from a Joint Venture can be issued as a single guarantee from a Joint Venture and/or in two separate guarantees equivalent to the total guarantee amount and in such proportion as agreed by both parties.

14.5. A single Performance Guarantee shall be issued by a Joint Venture in the amount stated in the Agreement.

15. COMMERCIAL LICENSE FOR CONSULTANTS

15.1. Tenderer shall submit a valid Commercial Registration issued by the Ministry of Economy

& Commerce, along with the Tender submission. The number of the Commercial Registration shall be officially used for identifying the consultant and this number shall prevail in case any discrepancy may occur in regards to the name of the Consultant.



16. FOREIGN / NON-QATARI TENDERERS

16.1. If the tender is awarded to a foreign company, it shall register itself in the Commercial Registry or appoint a local agent within fifteen (15) days from the day following the signing of contract date.

16.2. If the Commercial Registration Certificate states that the Tenderer is a non-Qatari company, at least 30% of the Scope of Works for the project, (hereinafter called "the Qatari Works"), shall be awarded to Qatari sub-contractors and suppliers.

16.3. The successful Tenderer shall provide sub-contract agreements to the Engineer prior to the start of the Qatari sub-contractor works.

16.4. The successful Tenderer shall sub-contract the Qatari Works in accordance with the

General Conditions of Contract and the Qatar National Construction Standards (QCS 2014).

16.5. Prior to payments, non-Qatari companies shall submit contracts or invoices related to

items, services or contracted works as evidence that the above have been implemented accordingly.

17. SITE VISIT

17.1. It is a necessary preliminary that the Tenderer shall fully acquaint himself with all aspects of the scope of Services, to do so the Tenderers should supplement information obtained from desk studies of the State of Qatar with a physical examination of the particular areas under Tender. Due to the nature of the areas, the services involved and the particular considerations of each Tenderer, the Tenderer shall carry out site visits independently to fully satisfy himself as to the restraints and conditions which may impact on their Tender price.

17.2. It is deemed that the Tenderer shall take the opportunity to undertake the necessary site visits to fully acquaint himself with the physical, cultural and economic conditions in the State of Qatar and make full provision for these conditions within his Tender.

18. PRE-TENDER CONFERENCE

18.1. The Authority may hold a pre-tender conference for all Tenderers at his Doha office. The pre-tender conference will provide Tenderers with the opportunity to make suggestions related to the Tender process and to seek clarifications on the Fee Tender Documents.

18.2. Replies to clarification requests at the pre-tender conference will however be preliminary only. An official reply to all clarification requests will be provided in a subsequently issued Tender Circular.

18.3. Attendance by the Tenderers at the pre-tender conference is mandatory. Non-attendance of the pre-tender conference will be considered in the evaluation of the tender during the Tender Adjudication Process.

19. INSURANCE

19.1. All insurance policies should be issued by insurance companies registered under the Companies Law No. (5) for the year 2002.



19.2. Any insurance companies that operate under the umbrella of the Qatar Central Bank shall be approved by Public Works Authority

20. SERVICE PROVIDERS CLASSIFICATION CERTIFICATES 20.1 Tenderer’s attention is drawn to the New Tenders and Auctions Regulatory Promulgating

Law No. 24 of 2015 and in addition to its Executive Regulations No. 22 of year 2016 relating to the classification of Service Providers working in the State of Qatar which states that all Service Providers must obtain a classification certificate as well as a commercial registration (CR) before they are able to submit a tender for, or undertake Service Providers for a construction or engineering project in Qatar.

20.2 In accordance with the Ministry of Finance (MoF) Circular No. 6 of year 2016 relating to

Government Procurement Regulatory Department regarding to the classification procedures in the New Tender Law and it Executive Regulations, Tenderers shall be required to comply with the following four (4) pertinent points.

1) Tenderers shall be classified by MoF and shall be issued with Service Providers’

Classification Certificates. 2) Tenderers without classification certificates are able to collect the tender documents

but they shall not be able to submit the tender until after the classification certificates is obtained from MoF.

3a) For foreign companies without MoF classification certificates, the classification

certificates from the country of origin or equivalent will be sufficient for tender submission.

3b) If the foreign company is awarded a contract, they shall be required to register with

MoF by submitting a copy of their classification certificate from their country of origin to MoF before signing the contract with the Authority.

4) In case the foreign companies do not have classification certificates from their country

of origin then the same rules applicable to local companies as mentioned in sub-item 20.2.1) and 20.2.2) above shall be applied to foreign companies.

20.3 The tenderers shall submit a copy of the classification certificate issued by the MoF as

stipulated in Section D, Appendix D of Technical Tender Deliverables accompanying the tender submission.

21. QATAR CENTRAL BANK

21.1. All bonds/guarantees should be issued by banks operating under the supervision/control of the Qatar Central Bank (QCB).

21.2 All bonds/guarantees which are issued by the bank certified by Qatar Financial Centre (QFC)

shall not be accepted unless they met the requirement in ITT. 21.1. The expression of “local banks” shall not include the banks certified by Qatar Financial Center (QFC) as those banks are not subject to the supervision/control of Qatar Central Bank (QCB).



22 ON-THE-JOB TRAINING AT CONSULTANTS' PREMISES 22.1. The Tenderer shall provide on-the-job training for a number of Qatari Engineers/Employees

for a duration of 1-3 months each on-site at the Consultant’s premises for PWA projects during the contract period as part of PWA’s development programme for its personnel in accordance with Section C – Project Brief.

23 TENDER OPENING FORMS (ARABIC) FOR TECHNICAL AND FINANCIAL CRITERIA

SUBMISSIONS

23.1 Tenderer’s attention is drawn to the above Government Procurement Regulations No. 4 of Year 2017 on the disclosure circular, in order to facilitate the opening of the tender by the Tender Committee. Tenderer shall submit the disclosure by filling in the Tender Opening Forms for Technical and Financial Criterias submissions as per the specimen attached to the tender documents.

23.2 The PWA evaluation committee shall review the disclosure to determine its content and the extent of Tenderers commitment to provide the required documents.

23.3 Accordingly, Tenderers shall print the above documents, fill the necessary information, scan and place it at the first page after the Front Cover of the tender for Technical Criteria and Financial Criteria Flysheet respectively. The original Tender Opening forms (Arabic) shall be printed and attached along with the submission accompanying the tender documents.



PART 2: TENDER CONDITIONS AND TENDERING INSTRUCTIONS OF PARTICULAR APPLICATION

24 TENDER CONDITIONS

24.1 These Instructions to Tenderers constitute the “Tender Conditions” of this Tender and should the Tenderer fail to comply strictly in accordance therewith, the Authority reserves the right to disqualify and reject the Tender as non-compliant and is not bound to provide any reason for the rejection of any Tender.

24.2 The entire contents of these Fee Tender Documents, as listed on the contents page, are deemed to be the Tender. Any and all appendices, schedules, etc., required to be completed and all other information requested within the Fee Tender Documents shall be completed in the required format and incorporated in the Tenderer’s submission and shall form part of the Tender subject to the Tender assessment process pursuant to Item 24 of these Instructions.

24.3 The requirements of the Fee Tender Documents are an express condition of Tender and failure to complete such in full shall render the Tender submission non-compliant and may lead to disqualification from the Tender assessment process.

25 TENDER ADJUDICATION PROCESS

25.1 TECHNICAL SUBMISSION

Tenders will be assessed and adjudicated in the first instance based on Technical and Financial Submission of the Fee Tender Document and will take into account:

(1) GENERAL

a) compliance with the ‘Tender Conditions’ and information and tender deliverable requirements. Should the Tenderer fail to submit all the information required and/or the information provided is not compliant with the Technical requirements the Authority may disqualify and reject the Tender outright as non-compliant and the ‘Financial Submission’ package will not be opened; and

b) the demonstrated capacity and ability of the Tenderer to carry out the Services successfully, cost effectively and to ‘Good Design, Engineering and Construction Practices’.

(2) TECHNICAL SUBMISSION DELIVERABLES

The Technical Submission Deliverables comprise of two separate elements as follows:

(a) General Company Information and Details

Specific information and data pertaining to the Tenderer’s company’s capacity, ability and consultancy history and experience; and

(b) Project Specific Information Requirements

Specific information and data pertaining to this project including a method statement and project appreciation statement which should demonstrate the Tenderer’s ability to execute the Services successfully to the required standards.

It is important to note that this information and data must be presented in the format and under the specific heading dictated by the appendices.



25.2 FINANCIAL SUBMISSION

(1) The Tenders Committee on behalf of the Authority will adjudicate Financial SUBMISSION for those tenders which have achieved full compliance in all aspects of ITT 25.1 above.

The Authority’s decision is final and binding.

(2) The Financial Submission will assessed and adjudicated taking into account:

(a) Compliance with the ‘Tender Conditions’ and information and tender deliverable requirements.

(b) The optimum value weighting of prices of elements of the services which reflect the true and realistic value of the element in terms of work input required and value of product deliverable received by the Authority.



PART 3 : SPECIMEN FORMS

PART 3.1 : SPECIMEN FORM OF TENDER GUARANTEE

(to be executed on letterhead of approved bank)

Tender for POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENT WITHIN DOHA WEST (C821/2 PACKAGE 2)

Project ID <Insert Project ID> (hereinafter called the “Tender”)

Sir,

Beneficiary Public Works Authority [Al-Faisal Tower 1, West Bay, P.O. Box 22188, Doha, State of Qatar], (hereinafter called the "Authority").

LETTER OF GUARANTEE # _____________________ FOR QAR_____________________

We <Insert name of Guarantor> of <Insert address of Guarantor> (hereinafter called the "Guarantor") have been informed that <Insert name of Tenderer><CR No.> of <Insert address of Tenderer> (hereinafter called the "Tenderer") is submitting an offer with regards to the Tender for the performance of constructions works (hereinafter called the "Works”), and that the terms and conditions of the Tender documents requires the offer to be supported by a tender guarantee in favour of the Authority.

NOW THE CONDITION of this Guarantee is such that we, the Guarantor, hereby irrevocably and unconditionally agree to pay to the Authority, as notified in writing to the Guarantor, without regard to any objection(s) from the Tenderer or any other party, any sum or sums not exceeding in total the amount of <Insert the guaranteed amount words> (<Insert the guaranteed amount numbers>) immediately upon receipt of the first demand. Any payment demand under this Guarantee must be accompanied by a copy of this Guarantee and amendments, if any. The demand must be in writing and signed by the Authority, or its appointed representative, and must be delivered to the Guarantor on or before 12:00 midnight on the last day of the validity of the Guarantee.

Any payment made hereunder shall be made free and clear of, and without deduction for or on account of, any present or future taxes, levies, imposts, duties, charges, fees, deductions or withholdings of any nature whatsoever and by whomsoever imposed.

Subject to the case of extensions to the Tender validity period this Guarantee shall remain valid for a period of one hundred and twenty (120) calendar days from the Tender Closing Date that is: from...................................................................to.....................…….......................................... or such earlier time when a Performance Guarantee shall have been duly provided by the Tenderer, upon which this Guarantee shall expire and be returned to the Guarantor.



In the case of an extension to the Tender validity period, as notified by the Tenderer to the Guarantor prior to the expiry date herein, the Guarantor agrees that this Guarantee shall be extended as directed by written such notice. Any notice relating to this Guarantee must be in the language of the Guarantee.

This guarantee shall be governed by and construed in accordance with the Laws of the State of Qatar. Each Party consents to the jurisdiction of the courts established by Law Number 10 / 2003 on the promulgation of Law for the Judiciary or any court replacing the said established courts by law.

Signed, for and on behalf of the Guarantor,

by <Insert Name> ……………………………………….......................................…....

Signature …………………………….............................................…...……..



PART 3.2: SPECIMEN FORM OF ANTI-COLLUSION CERTIFICATE

[to be executed on Consultant’s letterhead]

Tender for: POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENT WITHIN DOHA WEST (C821/2 PACKAGE 2)

Project ID: < Insert Project ID>

Tender No.: <Insert Tender No.>

Address as per the invitation

ANTI-COLLUSION CERTIFICATE

1. We certify that this Tender is made in good faith, and that we have not fixed or adjusted the amount of the Tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not and we undertake that we will not before the award of any contract for the Services:-

(i) (a) communicate to any person other than the Authority or a person duly authorised

by him in that behalf the amount or approximate amount of the Tender or proposed Tender, except where the disclosure, in confidence, of the approximate amount of the Tender was necessary to obtain insurance premium quotations required for the preparation of the Tender;

(b) enter into any agreement or arrangement with any person that they shall refrain from tendering, that they shall withdraw any Tender once offered or vary the amount of any Tender to be submitted;

(ii) pay, give or offer to pay or give any sum of money or other consideration directly or indirectly to any person [outside this consortium / joint venture] for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender for the work, any act or thing of the sort described at 1 (i) (a) or (b) above.

2. We further certify that the principles described in paragraphs 1(i) and (ii) above have been,

or will be, brought to the attention of all sub-consultants, suppliers and associated companies providing services or materials connected with the Tender and any contract entered into with such sub-consultants, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties.

3. In this certificate, the word ‘person’ includes any persons and anybody or association,

corporate or unincorporated; ‘any agreement or arrangement’ includes any transaction, formal or informal and whether legally binding or not; and ‘the Services’ means the Services in relation to which this Tender is made.

Signature …………………………………………………………………

Name (Block capitals): …………………………………………………………………

In the capacity of (Block capitals): …………………………………………………………………

Duly authorised to sign Tenders and acknowledge the contents of the Anti-Collusion Certificate for and on behalf of (Power of Attorney duly notarised by a Notary Public empowering the signatory attached):

Name of Tenderer (Block capitals): …………………………………………………………………



PART 3.3: SPECIMEN FORM OF TENDER ACKNOWLEDGEMENT FORM

Tender Acknowledgment Form

Project Title: POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENTS WITHIN DOHA WEST (C821/2 PACKAGE 2).

Project ID No.: IA 2017 S 038 I Tender No.: <Insert Tender No.>

We hereby acknowledge receiving of the Invitation to Tender for the above noted Tender Documents.

Please be informed that:

We confirm that we intend to submit a Tender offer by the specified closing date and time, and be bound by the Tender Conditions.

We decline to submit an offer for the following

reasons: Insufficient time to respond

Current workload does not permit us to respond at this

time Cannot meet the commercial SUBMISSION set in

your request Cannot meet the technical SUBMISSION set

in your request Others (please specify in the space below)

Having declined to quote

Remove our name from the list of potential Tenderers

Please retain our name on the list of potential Tenderers

Authorised Representative:

Title:

Date:

Please complete this form and return within three (3) business days from the date of receipt of the Fee Tender Documents to the tender administrator identified in the invitation to tender letter.



PART 3.4: SPECIMEN FORM OF TENDER RETURN CHECKLIST AND AUTHORISATION FORM

Tender Return Checklist and Authorisation Form

Project Title: POST CONTRACT PROFESSIONAL CONSULTANCY SERVICES FOR FOUL SEWER FOR VARIOUS CATCHMENT WITHIN DOHA WEST (C821/2 PACKAGE 2).

Project ID: IA 2017 S 038 I

Tender No.: <Insert Tender No.>

We, ____________ [Insert Company Name] ____________ hereby authorise __________ [Insert Delivery Person’s Name] ___________ to deliver the Tender package comprising the following documents:

A. Sealed Envelope 1 Technical Submission

Consists of scanned SOFT COPIES only [two (2) labelled DVDs containing PDF formats accompanying hardcopy print of Technical Submission flysheet], each comprising the following document in the stated serial order.

Document Document Title Yes/No

1 Front Cover

2 Tender Opening Form for Technical

3 Tender Acknowledgement Form

4 Contents Page

5 Consortium / Joint Venture Agreement (if applicable)

6 Anti-Collusion Certificate

7 Tender Circular Acknowledgement Page F/2

8 Technical Tender Qualifications and / or Alternatives

9 Technical Submission Fly Sheet (Hardcopy print accompanying

DVDs)

10 Section A – Instructions to Tenderers

11 Section B – Conditions of Engagement

12 Section C – Project Brief

13 Section D – Technical Tender Deliverables, duly signed and stamped for each Appendix

14 Section E – Reference Documentation

Circulars / Addenda

Acknowledgement

1

2



3

4

5

B. Sealed Envelope 2 Financial Submission

Consists of original and duplicate HARD COPIES and scanned SOFT COPIES on two (2) labelled DVDs containing Excel and PDF formats each comprising the following documents in the stated serial order.


1 Financial Submission Flysheet

2 Tender Opening Form for Financial

3 Section F – Form of Tender including Appendix VII : Agreement Price Summary

4 Section G – Pricing Schedule including additional softcopy in Microsoft Excel worksheet

5 Financial Tender Qualifications and/or Alternatives (if any)

C. Tender Guarantee, Tender Return Checklist, Accompanying Letter & Commercial

Licence (submit separately, not within the sealed envelope)


1 Tender Guarantee

2 Duly completed, signed & stamped of this “Tender Return Checklist & Authorization Form”

3 Accompanying letter

4 A copy of valid Commercial Licence issued by the Ministry of Economy & Commerce

We hereby declare that we have checked and included the above documents in the envelope prior to sealing them and that, to the best of our knowledge, the submissions are in order.

Signature:

Name:

In the capacity of: Tender Manager / Managing Director

Date:

Company Seal: