Concrete Maintenance Services Tender No.

HT 457 CB 17

Instructions to Bidders
for
Concrete Maintenance Services

Aramco Gulf Operations Company Limited (“AGOC”) and Kuwait Gulf Oil Company (K.S.C.)
("KGOC"), jointly operating at and from Al-Khafji, Saudi Arabia, for oil and gas exploration,
development and production in the offshore area of the divided ex-Neutral Zone between Saudi
Arabia and Kuwait ("Al-Khafji Joint Operations") hereby call for tenders of performance of the
captioned work, and request each intending bidder to make his proposal in strict compliance with
the following instructions:

1. Eligibility of Bidder
1.1 The bidder must be a commercial entity organized and existing under the
laws of Saudi Arabia or Kuwait, and registered at the Chamber of Commerce
of either country, or a Saudi or Kuwait national with an establishment on his
name, qualified to undertake commercial transactions under the laws of his
country, and registered at the Chamber of Commerce there.

In case the bidder is non-Saudi / non-Kuwaiti (“foreign bidder”), he shall have

a Foreign Investment License issued by The General Investment Authority
pursuant to the Foreign Investment Act of Saudi Arabia (enacted by Royal
Decree No. M/1 dated 5/1/1421H) at the time of bid closing; or he shall be in
compliance with the rules and regulations of foreign investment in Kuwait.

Notwithstanding the foregoing provision, for the purpose of submitting his

tender, the bidder who does not have a Foreign Investment License at the
time of bidding, may assign a Saudi/Kuwaiti representative and provide such
representative’s name, address, fax and phone numbers along with his
tender submissions. If such bidder becomes the successful bidder, he shall
be required to submit to KJO a Temporary Foreign Investment License or
comply with the rules and regulations of foreign investment in Kuwait within
three (3) weeks of the date of the Letter of Intent issued to him by KJO. Such
bidder shall not be allowed to sign the Contract without submitting to KJO the
said Temporary Foreign Investment License. Failure to submit the Foreign
Investment License shall render the Letter of Intent (Contract Award) issued
null and void.

1.2 The bidder must qualify to lawfully undertake the works and services
required under the intended contract ("Contract") on his account at the time
of bidding and throughout the duration of the Contract. The bidder must also
have sufficient experiences in the satisfactory prosecution of works and
services similar to those required under this Tender.

1.3 The bidder shall have the financial, technical and administrative resources
and capabilities sufficient to satisfactorily and timely commence, carry out
and complete the entire works and services under the Contract by himself.

1.4 In the event the Bidder does not satisfy on his own the requirements set out
in 1.2 through 1.3 above, and is a joint venture, consortium, partnership or

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the like comprising of two (2) or more legal entities ("Joint Venture" or “JV”),
he may be allowed to bid for this Tender if the Joint Venture itself, or at least
one (1) of those legal entities forming the Joint Venture is such an entity that
satisfies the requirements, provided that each of those legal entities forming
the Joint Venture are either registered in Saudi Arabia or Kuwait or satisfy
the requirements of foreign bidder as set out in the Second and Third
paragraphs at 1.1 hereof.

All the legal entities forming the Joint Venture shall enter into a written
agreement (Joint Venture Agreement or JVA) to embody such a Joint
Venture that shall expressly hold each of them jointly and severally
responsible particularly for the complete performance of the WORK
contemplated under this CONTRACT. Once awarded to the Bidder the JVA
shall remain in force throughout the life of the CONTRACT. The JVA shall
also set forth that the JV shall indemnify and hold KJO and/or COMPANY
harmless against, and from any and all disputes and claims which may arise
between the JV Partners or result from or in connection with formation of the
JV. The Bidder shall submit a signed copy of the JVA to form such a Joint
Venture which shall conform to the requirements stated above.

The JVA shall clearly identify the Lead JV partner who shall be authorized by
the JV to act for and on behalf of the JV. AGOC/KGOC shall only consider
any and all communications or correspondence or notices sent /received
from such Lead JV partner.

1.5 The bidder shall also have such experiences as being active for the last ten
(10) years in the field of Concrete Maintenance Services, including
undertaking of at least one (1) project which shall not be less than United
States Dollar two and half million (US$ 2,500,000) in total or United States
Dollar five hundred thousand (US $ 500,000) per year in value.

The following are required as the prerequisite conditions for the eligibility of the
bidder:

The bidder must have the following manpower under his own sponsorship at the
time of bidding available for assignment to this project:

Project Manager
Civil/Structural Engineer
Civil Site Engineer
QA/QC Engineer
Quantity Surveyor
Health, Safety and Environment Officer (HSE)
Surveyor
Draftsman
General Foreman
Skilled Labor and others

2. Tender Documents
2.1 For this Tender, the following documents are issued:

(a) Instructions to Bidders (this document) with the Price Proposal Form (Bid
Forms 1 to 2) and the Qualification Proposal Form (Bid Forms 3 to 12).

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(b) Form of Agreement with its Exhibits, namely:

Exhibit A General Terms and Conditions and Attachments

Exhibit B Scope of Service and Attachments
Exhibit D Safety, Health and Environmental Requirements
Exhibit E Settlement of Disputes, Arbitration and Choice of Law
Exhibit F Taxes, Duties and Related Obligations
Exhibit H Special Terms and Conditions
Exhibit Q Quality Assurance and Control, Inspection and Testing

(c) Sample documents: bank guarantees (Bid Bond, Mobilization Bond and
Performance Bond) and Undertaking on Conflict of Interest

2.2 The bidder shall carefully study and fully understand the intents and contents of the
above listed documents, particularly the terms and conditions of the Contract, no
provisions of which shall be negotiable by the bidder, and, in making the proposal
for this Tender, the bidder shall refer only to the above listed documents.

Misinterpretation of or deviation from the intents and contents of the above listed
documents or reference to any other sources of information and data on the part of
the bidder shall in no event be entertained.

2.3 The bidder shall not disclose or divulge any part of the said documents or any
information or data contained therein to any third party. Should the bidder, for
preparing his proposal hereunder, need to disclose such documents, information or
data to third party(ies) including his associates and subsidiaries and the intended
subcontractors, he shall give AGOC/KGOC a prior written notice specifying the
party(ies) to whom such disclosure will be made and the documents, information
and data to be disclosed, for AGOC/KGOC's approval.

3. Prerequisite Conditions
3.1 Knowledge of the Circumstances
The bidder shall, in the course of preparation of his proposal, examine and
familiarize himself with the nature of the works and services required of him to carry
out under the Contract, the location and peculiarities of the place of such works and
services including the relevant facilities, utilities, and equipment of AGOC/KGOC,
the general and particular characters, qualities and quantities of equipment, tools,
materials, supplies, facilities, utilities, vehicles, personnel and labor required
preliminary to and during prosecution of the said works and services, and all other
matters which could affect such works and services under the Contract.

The bidder shall also fully study, examine and be familiar with all laws and
regulations including the ministerial orders, regulations and decrees applicable
under the jurisdiction of Saudi Arabia and Kuwait and any other countries which will
be the sources of any of his provisions required to perform the Contract.

Failure by the bidder to have familiarized himself with the above said matters or to
have reasonably discovered any matters which affect the contemplated works and
services shall be entirely his responsibility and any request for compensation in this
regard shall not be entertained.

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3.2 Pre-Tender Meeting

The bidder must attend a Pre-Tender meeting for this Tender to be held at
Community and Business Services Department, at Al-Khafji Joint Operations, Saudi
Arabia, at 10.00 AM on Monday,12 March 2018.

AGOC/KGOC will issue a certificate of Pre-Tender meeting to the bidder who

attended the required Pre-Tender meeting, which shall be submitted with his
proposal for this Tender. Any bidder who fails to attend the said Pre-Tender meeting
is automatically disqualified for the bidding of this Tender.

Site Visit

The Pre-tender meeting will be followed by a site visit for bidders who wish to
inspect AGOC/KGOC's relevant facilities, utilities and equipment.

All the costs and expenses associated with Pre-Tender Meeting and the Site Visit
shall be borne by the bidder and all necessary arrangement for his visit to
AGOC/KGOC including those for transportation, accommodation and acquisition of
visas shall be made by the bidder.

The bidder is requested to contact Manager, Contracts Department of Al-Khafji Joint

Operations to arrange for the bidder's Site Visit, submitting, by Fax: +966 13 765
5148, the names and nationalities of the persons who will attend the meeting and
site visit together with photocopies of their Iqamas or passport with valid visas
necessary for such visit not later than 14:00 hours on, 8 March 2018.

4. Proposal to be made

4.1 General
4.1.1 The proposal, which the bidder shall prepare and submit for this Tender,
shall consist of the Price Proposal and the Qualification Proposal, which
shall be accompanied by a) the original bank guarantee (Bid Bond) as
mentioned in item 4.4 hereof, and b) the original receipt issued by
AGOC/KGOC against the bidder’s purchase of the Tender documents for
this Tender and c) the original certificate of Pre-tender Meeting attendance.

4.1.2 The bidder shall make the proposal of the above contents in duplicate, in
clear English language and typewritten, complete and accurate in every part.

The proposal as such shall not contain any reservations, alternatives or

variations except when such is expressly required or allowed hereunder.

4.1.3 Any bidder's proposal shall be disregarded or any bidder shall be disqualified
under the following circumstances:

- Bidder’s Qualification proposal contain any information of commercial

nature or Bid Prices.

- The proposal is incomplete for failing to cover all items required to be

submitted under this Tender which are specifically itemized in
Appendix I to Instructions to Bidders.

- The proposal is illegible for any reason or inaccurate of its meanings,

or

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- The proposal contains any reservation, alternative or variation except

when expressly so required or allowed hereunder.

4.1.4 It is advisable for the bidder to check his submission by referring to Appendix
I to Instructions to Bidders "List of Submissions" to avoid submitting an
incomplete, insufficient or inadmissible proposal.

4.2 Price Proposal

4.2.1 The bidder shall make his Price Proposal in the attached Price Proposal
Form (Bid Forms 1 and 2) signed by his authorized representative and dated
with the date of submitting his proposal, with the bidder’s name typewritten
and the bidder’s official seal or stamp affixed to it. A Price Proposal made in
a different form shall in no event be considered.

4.2.2 All the rates to be quoted by the bidder shall be expressed only in United
States Dollars. A Price Proposal containing rates expressed in other
currencies or both in US Dollars and in other currencies shall in no event be
considered.

Where applicable, unit rates shall be written both in numerals and in words,
and in case of any discrepancy between the numerals and the words, the
one in words shall prevail over the one in numerals. Discrepancies in
multiplication of numbers and unit rates shall be resolved in favor of unit
rates. Errors in addition shall be corrected by AGOC/KGOC. Corrected total
amounts shall be considered as the bid price.

4.2.3 The bidder shall make sure that the rates as quoted in his Price Proposal
shall be inclusive of and cover any and all costs and expenses to be incurred
by him, when awarded the Contract, for and in regard to the Contract,
particularly for delivery and completion of the works and services under the
Contract at AGOC/KGOC's designated places such as, but not limited to,
costs and expenses for supervision, labor, equipment, materials, supplies,
consumables, services, visas and permits, mobilization and demobilization,
overheads, profit, insurance premiums, Ramadan premiums, provisions for
risks and contingencies including risks of fluctuations of any costs and
currencies values, Zakat, withholding tax, income tax, customs duties and
any other taxes (except Value Added Tax (VAT) under Applicable KSA Law)
and imposts to be levied and payable on account of the Contract.

4.2.4 In connection with the foregoing item 4.2.3, the bidder shall particularly take
into account the following requirements:

Costs and expenses for provision of the equipment, tools, vehicles,

materials, goods, supplies, consumables and any other things to be required
for the prosecution of or incorporation into the works and services under the
Contract shall be calculated on the basis of the delivery of these items at the
site(s) of such works and services in Al-Khafji, Saudi Arabia, ready for their
intended use. Accordingly, these costs and expenses shall be inclusive of,
among others, customs duties that may be levied by the Saudi Arabian
taxation authorities in respect of such things to be imported from outside
Saudi Arabia and shall be paid by the Contractor, at his own cost, when so
levied.

4.2.5 The bidder shall also take into account that all the rates quoted in his Price
Proposal shall be fixed throughout the duration of the Contract and that no

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adjustment to such rates shall be accepted by AGOC/KGOC, except when

otherwise provided for in the Contract.

AGOC/KGOC shall not be liable to pay any extra money other than that
expressly rendered payable or reimbursable by AGOC/KGOC pursuant to
the relevant provisions of the Contract.

4.2.6 The Price Proposal submitted by the successful bidder shall make the
Exhibit C, “Consideration” and its Attachments of the Contract, when
awarded to him.

4.2.7 In connection with the Zakat and Tax liability of the Contractor, in respect of
AGOC/KGOC payments under the Contract, including for VAT, the Bidder
shall specifically note and understand the provisions set out in Article 5 of
the Form of Agreement and Articles 3 and 4 of Exhibit F.

4.3 Qualification Proposal

The bidder shall make his Qualification Proposal of the contents as set out in 4.3.1
through 4.3.15 hereof. Each document which constitutes the bidder's Qualification
Proposal as such shall be signed by his authorized representative, who shall be the
same as the signatory of his Price Proposal, dated with the date of submitting his
proposal, with the bidder's name typewritten and the bidder's official seal or stamp
affixed to it.

Bidders are advised that notwithstanding the submission of their Qualification

Proposal as part of their bids, the successful bidder is required, post Contract, to
submit submittals as may be stipulated in the Contract documents. Submittals
made as part of a bid shall not be accepted as submittals for the purpose of
satisfying the requirements of the Contract, unless otherwise specified.

4.3.1 Corporate Registration, etc.

a. The bidder shall submit a certified copy of his current corporate
registration as properly certified, or other documentary evidences, to
demonstrate his legal status. No specific form is provided for this
purpose.

b. The bidder shall also submit a copy of his current registration at the
Chamber of Commerce as required in item 1.1 hereof.

c. The bidder shall also submit the same aforesaid documents for all his
nominated subcontractors, if any.

4.3.2 Representation on Financial Capability

The bidder shall submit his representation on financial capability duly signed
as per the Qualification Proposal Form (Bid Form 3) attached hereto. This
Bid Form submitted by the successful bidder, when he is awarded the
Contract, shall make a part of Exhibit K of the Contract.

4.3.3 General Information

The bidder shall submit, in the attached Qualification Proposal Form (Bid
Form 4), the general information of the bidder such as Commercial
Registration Number and Chamber of Commerce. This Bid Form submitted
by the successful bidder, when he is awarded the Contract, shall make a
part of Exhibit R of the Contract.

4.3.4 General Organization for Social Insurance (GOSI) Certificate

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The bidder shall submit a certificate issued by the appropriate insurance

office evidencing that his firm has been registered with the Organization and
that he has discharged all his obligations towards the Organization or
otherwise that he is not subject to the provisions of this Law.

4.3.5 Audited Financial Statement- Not Used

4.3.6 Undertaking on Mobilization Schedule

The bidder shall prepare and submit, in the attached Qualification Proposal
Form (Bid Form 5), the acknowledgement of mobilization (to which the
detailed schedule shall be attached, showing reasonably in detail, the
activities sequence of operations necessary for the completion of
mobilization with time scale for each phase and activity) by which the bidder
is required to make a representation that he shall complete the mobilization
within a period of time not exceeding four (4) months from the date of
acceptance of the award of the Contract. The Bid Form submitted by the
successful bidder, when he is awarded the Contract, shall make a part of
Exhibit R of the Contract.

4.3.7 Record of Experiences

The bidder shall submit a record of the experiences in the attached
Qualification Proposal (Bid Form 6). Such record shall cover the past ten
(10) years, and shall include these experiences as required in item 1.5
hereof for works and services similar to those contemplated under this
Tender. Such record of experiences shall include the following information:
a. Title of project
b. Client name, address, and principal contact.
c. Contract value in United States Dollars (for the bidder’s part
of the service).
d. Start and finish dates of service
e. Number & list of Vehicles, Equipment and Personnel on each
service.
f. Brief description of scope of service

The one (1) most recent and similar to this service of such records shall be
supported by authenticated documentary evidence, such as copies of
contract and/or certificates from the previous client(s).

4.3.8 List of Personnel

The bidder shall prepare and submit, in the attached Qualification Proposal
Form (Bid Form 7) the list of personnel and other personnel whom the bidder
intends to assign for the performance of the works and services
contemplated under this Tender, provided that the bidder’s proposal as such
shall meet the minimum requirements set out in Exhibit B / Attachment 2 to
Exhibit B.

The bidder shall attach to this list, the curricula vitae for key personnel listed
below. The curricula vitae shall include, without limitation, the names,
nationalities, dates of birth, qualifications and work experiences, and shall be
accompanied by certificates of degrees or diplomas especially for the
following personnel:

 Project Manager

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 Civil/structural Engineer
 Civil Site Engineer
 QA/QC Engineer
 Quantity Surveyor
 Health, Safety & Environment Officer
 Surveyor
 Draftsman
 Gen. Foreman

In this regard, the successful bidder shall take note that it is required of him,
when awarded the Contract, to show AGOC/KGOC the original of Iqamas
and the foregoing certificates of such key personnel to be assigned by him
under the Contract, well in advance of the date upon which the service will
commence.

AGOC/KGOC reserves the right to demand submission of original or duly

authenticated copies of these documents if it deems fit or necessary.

When appropriate the Bid Form submitted by the successful bidder, when he
is awarded the Contract, shall make a part of Exhibit R of the Contract.

4.3.9 Organization Chart

The bidder shall submit an organization chart showing the lines of
responsibility of the key personnel mentioned in item 4.3.8 hereof and their
interrelationship. No specific form is provided for this organization chart. The
organization chart submitted by the successful bidder, when he is awarded
the Contract, shall make a part of Exhibit R of the Contract.

4.3.10 List of Equipment

The bidder shall prepare and submit, in the attached Qualification Proposal
Form (Bid Form 8) a list of equipment which the bidder intends to utilize for
the performance of the Contract together with their description including their
models and manufacturers, quantity, year of manufacture together with
catalogue and specifications. The bidder’s proposal as such shall meet the
minimum requirements set out in Exhibit B / Attachment 2 to Exhibit B. When
appropriate the Bid Form submitted by the successful bidder, when he is
awarded the Contract, shall make a part of Exhibit R of the Contract

4.3.11 Undertaking on Health, Safety and Environment Program

The bidder shall make an undertaking, on the bidder’s official letter head,
that, should he be the successful bidder, he shall implement a Health, Safety
and Environment Program in full compliance with Exhibit D and other KJO
rules and regulation in such matters.

Such undertaking submitted by the successful bidder shall make part of

Exhibit R of the Contract, when awarded to him.

4.3.12 Declaration
The bidder shall prepare and submit, in the attached Qualification Proposal
Form (Bid Form 9), the declaration by which the bidder is required to make a
representation that he acknowledges and understands the tender and that if
awarded the Contract he shall carry out the Contract in accordance with its
terms and conditions.

4.3.13 Ethics Compliance (Undertaking on Conflict of Interest)

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All bidders and their employees shall comply with the requirements of laws,
rules and regulations establishing ethical standards for the conduct of
business in the Kingdom of Saudi Arabia, and all the rules and regulations
specific to AGOC/KGOC. In signing the proposal, the bidder certifies full
compliance with those provisions for any present or future dealings,
transactions, sales, contracts, services, offers, relationships, etc., involving
AGOC/KGOC and/or its employees. Failure to comply with those provisions
may result in disqualification from the solicitation process, termination of
Contract, and/or other civil or criminal proceedings as allowed by law.

The bidder shall make an undertaking on conflict of interest on the bidder’s

official letter head in accordance with the sample undertaking attached
herewith. Such undertaking submitted by the successful bidder shall make
the Exhibit K of the Contract, when awarded to him.

4.3.14 Estimated Performance Time

The bidder shall prepare and submit, in the attached Qualification Proposal
Form (Bid Form 10), his estimated performance time for each category of
works by indicating the volume of work which the bidder is able to complete
within the time specified. The bid form submitted by the successful bidder
shall make the Exhibit R of the Contract, when awarded to him.

4.3.15 List of Subcontracts

The bidder shall submit a list of all the subcontracts, in the attached Non-
Commercial Proposal Form (Bid Form 11), which the bidder intends or is
required to make for the execution of the works and services under the
Contract. Such list of subcontracts shall indicate the name and address of
each subcontractor and a brief description of the works and services to be
undertaken by him. This list shall be accompanied by such subcontractors’
record of experience for works and services similar to those contemplated
and shall be authenticated by former employers as well as any other
information to substantiate such subcontractor’s capabilities.

Such subcontractor(s) shall not be replaced with others for the works and
services sublet to him (them) except for reasons beyond the control of the
bidder in his performance of the Contract when awarded.

The subcontracts shall be limited to the following:

(a) Engineering Consultants for “Testing and Design”(for evaluation of

damaged structure for further study and necessary solutions.)
(b) Subcontractor for “Major Concrete Repair Work” (for repair of
complex damaged structure).
(c) Subcontractor for “Material Testing”
(d) Supply of concrete materials
(e) Supply of Ready-mix concrete
(f) Any other subcontractors to whom the bidder intends to sublet certain
portion of the work under the Contract, if any.

Intent for Contract (Subcontracts)

The bidder shall, for submission to AGOC/KGOC, make and execute such
an "Intent for Contract" with each of the subcontractor(s) stated in the List of
Subcontracts as per the attached Non-Commercial Proposal Form (Bid Form
12) to the effect that if the bidder is awarded the Contract, each
subcontractor shall enter into a separate contract (as may be called a

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subcontract) with the bidder to undertake the services described in such

"Intent for Contract".

Such "Intent for Contract" shall clearly state the scope of services to be
subcontracted, information on the resources and other items as required in
the said Non-Commercial Proposal Form sufficiently in detail, provided that
none of such statements shall conflict with the requirements of the Contract.

In this regard, the bidder shall take note that it is required of him, when
awarded the Contract and thereby entering into each of the above-said
separate contracts, (as may be called a subcontract) to clearly define the
responsibility, indemnity & warranty undertaken by each party to such a
separate contract in favor of the other party so as to fully cover and respond
to the Contractor's undertaking of the responsibility, indemnity and warranty
under the Contract.

AGOC/KGOC may later request submission of a copy of any of the said

separate contracts with the price provisions being crossed out.

4.4 Bank Guarantee

4.4.1 The bidder shall obtain and submit an irrevocable bank guarantee ("Bid
Bond") in the amount of United States Dollars One hundred fourteen
thousand (US$ 114,000.00). The Bid Bond shall be issued by a bank
licensed and operating in Saudi Arabia or Kuwait and kept valid for one
hundred twenty (120) calendar days counting from the closing date of this
Tender to the effect that the issuing bank shall at any time while the Bid
Bond is so kept valid and upon AGOC/KGOC's written request, pay to
AGOC/KGOC an aggregate amount of money not more than the above said
amount unconditionally and irrespective of any contestation on the part of
the bidder, and provided that the Bid Bond, once issued, shall not be
withdrawn, canceled or in any way modified without AGOC/KGOC's written
consent.

4.4.2 The Bid Bond shall be made out in the issuing bank's own official letter form
for such purpose and the Sample of Bank Guarantee (Bid Bond) attached
hereto is for reference purpose only. However, a bank guarantee failing to
set out the conditions specified in the said Sample of Bank Guarantee may
lead to disqualification of the bidder.

Important Note: The Bid Bond shall be made in the name of Aramco Gulf
Operations Company Limited or in the name of Kuwait Gulf Oil Company
(K.S.C.) as per the attached sample; not in the name of Al-Khafji Joint
Operations.

4.4.3 The Bid Bond is intended to warrant the bidder's proposal submitted to
AGOC/KGOC, and should the bidder withdraw or cancel his proposal for this
Tender, either in whole or in part, after its submission to AGOC/KGOC or
should the successful bidder refuse to enter into the Contract with
AGOC/KGOC after AGOC/KGOC's decision to award the Contract to him,
AGOC/KGOC shall confiscate the full amount of the Bid Bond and the bidder
shall forfeit any right to claim for the money paid to AGOC/KGOC through
the Bid Bond.

4.4.4 Upon award of the Contract to the successful bidder, AGOC/KGOC shall
return the Bid Bonds to the unsuccessful bidders without delay. The
successful bidder shall keep the Bid Bond valid until the execution of the

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Contract and his submission of another bank guarantee as mentioned in

item 4.4.5 here below.

4.4.5 The bidder shall take note that upon execution of the Contract, the
successful bidder is required to furnish AGOC/KGOC with another bank
guarantee in assurance of the timely completion of the mobilization and
commencement of the services contemplated under the Contract pursuant to
Sub-Article 6.1 of the Form of Agreement ("Mobilization Bond"), and after
commencement of the services, the Mobilization Bond shall be replaced with
another bank guarantee to assure the proper performance of the Contract
and the services there under ("Performance Bond") pursuant to Sub-Article
6.2 of the Form of Agreement.

The Mobilization Bond and the Performance Bond shall be made out in the
issuing bank's own official letter form for such purpose, and the Samples of
Bank Guarantees (Mobilization Bond and Performance Bond) attached
hereto are for reference purpose only.

5. Submission of Proposal

For submission of his proposal, the bidder shall put his Price Proposal (original) in a
package and mark the package as “Package A – Price Proposal”, and shall put his
Qualification Proposal (original) together with (i) the original bank guarantee (Bid Bond) and
(ii) the original receipt issued by AGOC/KGOC against the purchase of the Tender
documents for this Tender and (iii) the original Certificate of Pre-tender Meeting in another
package and mark the package as “Package B – Qualification Proposal, and also
marked on each package the Tender Number, Tender Title and Bid Closing date then firmly
seal each of these two packages with stamped red wax.

A Soft copy each of the Technical Proposal and Price Proposal shall also be
enclosed in the respective Package B and Package A. Bidders may note that soft
copy of the Technical and Commercial proposals are mandatory.

Any bidder's proposal shall be rejected or any bidder shall be disqualified, if the proposal
fails to cover all items required to be submitted under this Tender which are specifically
itemized in Appendix I to Instructions to Bidders.

The bidder shall arrange the so prepared packages to be hand delivered to Tender Box
No. 1 at the Contracts Department of Al-Khafji Joint Operations in Al-Khafji, not later than
14:00 hours on Monday, 16 April, 2018 (local time), which is the closing date of this
Tender. AGOC/KGOC will not consider any proposal brought to it after such date and time.

Notwithstanding the above, the bidder who has neither an agent nor a partner in Saudi
Arabia may, at his sole risk, send the so prepared packages by registered mail or courier
service addressed to:

Manager, Contracts Department

Al-Khafji Joint Operations
[Link] 256 Al-Khafji, 31971
Saudi Arabia

to be received by the said closing date and time.

AGOC/KGOC will not consider any proposal that has failed to reach AGOC/KGOC at all or
by such date and time as stated here above, for whatever reasons.

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6. Validity and Irrevocability of Proposal

The bidder shall, in submitting his proposal which shall be made pursuant to the
instructions set out in this document, render his proposal valid in its entirety for one
hundred twenty (120) calendar days counting from the said closing date of this
Tender, and keep his proposal, once submitted, irrevocable throughout the said period of
validity.

It is reiterated that should the bidder withdraw or cancel his submitted proposal, he shall
forfeit any right to claim for the money to be paid to AGOC/KGOC by the bank having
issued the Bid Bond. Once submitted, the proposal shall in no event be revised, modified,
altered or supplemented by any means and for any reasons including mere typographical
errors, errors in cost calculation or risk computation and misinterpretation of the terms and
conditions of the Contract or other conditions of this Tender.

7. AGOC/KGOC's Discretion on Award of the Contract

7.1 The bidder shall understand that AGOC/KGOC will decide on the award of the
Contract at its discretion and that the price quoted by each bidder is not necessarily
decisive for AGOC/KGOC to select the successful bidder.

AGOC/KGOC may decide not to award the Contract to any bidder at all, or may
even suspend or cancel this Tender without bearing any obligations to the bidder,
and no acts of AGOC/KGOC before making a decision on award of the Contract
shall constitute any commitment by AGOC/KGOC to award or not to award the
Contract to any particular bidder.

No bidder shall have the right or be allowed to make any claim to AGOC/KGOC in
regard to AGOC/KGOC's decision on award for any reason, and AGOC/KGOC shall
never be obligated to explain to any bidder the reason of his being not awarded the
Contract or AGOC/KGOC's evaluation of any proposal or decision on award.

AGOC/KGOC reserves the right to reject any or all proposals submitted for any
reason. AGOC/KGOC is under no obligation to award to a bidder the business
which is the subject of this Tender. A bidder's failure to conform to any requirement,
specification or condition expressed or implied by this document is not waived by
AGOC/KGOC if such bidder's proposal is accepted.

7.2 The Contract to be awarded to and made with the successful bidder shall be written
in exactly the same language as that of the Form of Agreement and its Exhibits
(except for typographical errors), no provisions of which shall be negotiable by the
bidder in the course of this Tender or even after AGOC/KGOC's decision to award
the Contract to him.

7.3 Upon the decision of award of the Contract to a bidder (“the successful bidder”),
AGOC/KGOC shall send the successful bidder a Letter of Intent to enter into the
Contract. By the successful bidder’s counter signature of the Letter of Intent for
acceptance, it shall be deemed that the Contract is entered into by and between
AGOC/KGOC and such successful bidder, to be further substantiated by way of the
parties signing the formal Contract.

7.4 After the award of the Contract, if it turns out that the bidder has misrepresented /
cancelled any requirement under the laws and regulations of Saudi Arabia and/or
Kuwait, which is mandatory at the time of the bidding and during the performance of
the Contract and which prevents the bidder from commencing or continuing the
works and services contemplated under this Tender in accordance with the
requirements specified herein, AGOC/KGOC may forthwith terminate the Contract

Instructions to Bidders (Rev. 0)

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Concrete Maintenance Services Tender No. HT 457 CB 17

by giving a written notice of termination and thereafter confiscate the full amount of
the bank guarantee available with AGOC/KGOC and the bidder shall forfeit any right
to claim for the money paid to AGOC/KGOC through such bank guarantee.

8. Costs and Expenses for this Tender

All the costs and expenses incurred by the bidder on account of or in connection with this
Tender shall be solely for the bidder's account, and AGOC/KGOC shall in no event accept
any claim by or involving the bidder for such costs, expenses, or loss or damage, whether
direct or indirect or consequential, which may arise or result from or in connection with this
Tender.

9. Use of Bidder’s Proposal and Accompanying Material

All proposals and associated materials submitted by the bidder shall become the property
of AGOC/KGOC and may be evaluated by any employee or agent of AGOC/KGOC. All
proprietary information provided by the bidder will be treated as confidential by
AGOC/KGOC. All proprietary information provided by AGOC/KGOC shall be treated as
confidential by the bidder.

10. Inquiry on this Tender

All inquiries from the bidders in regard to this Tender must be received no later than
fourteen (14) calendar days prior to the closing date of this Tender.

The bidder shall always make his inquiries, if any, in writing, and address the same to:
Superintendent, Procurement & Tendering Division
Contracts Department
Al-Khafji Joint Operations
[Link] 256, Al-Khafji, 31971
Saudi Arabia
Facsimile: +966 (1)13-765-5148

AGOC/KGOC may communicate any bidder’s inquiries and AGOC/KGOC’s response to

such inquiries to the other bidders, when necessary, at AGOC/KGOC’s sole judgment.

No inquiries of whatever nature in regard to this Tender shall be accepted by

AGOC/KGOC after the closing date of inquiries.

End of ITB

Attachments:
- Appendix I to Instructions to Bidders "List of Submissions"

Instructions to Bidders (Rev. 0)

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