3. GENERAL GUIDELINES INSTRUCTIONS TO BIDDER a0 ‘All communications and Bidder enquiries in connection with this RFQ must be sent in writing to the address set out in the Company Contact Details section of the RFQ Summary in Section 2 of this RFQ (“RFQ Summary”), 32 ‘Submission of the Bid should be in accordance with the requirements set out in the RFQ ‘Summary. Facsimile or email submission of any Bid is not acceptable. 33 Bidder is required to submit its Bid in the following two submissions, in closed envelopes, in accordance with the following single stage bidding process: Technical Bid: ‘To be submitted in accordance with: > the requirements in the Technical Bid section of the RFQ Summary; and > the requirements set out in Appendix 4 of this RFQ. The Technical Bid must not include any pricing information ‘Commercial Bid: To be submitted in accordance with: > the requirements in the Commercial Bid section of the REQ Summary; and > the requirements set out in Appendix 5 of this RFQ. ‘The Bidder shall submit with the Commercial Bid: > the Commercial Bid Submission Form set out in Appendix | of this RFQ (“Commercial Bid Submission Form”) signed by an authorized signatory of the Bidder; and > acopy of the power of attomey evidencing the authority of such signatory to sign the Commercial Bid Submission Form on behalf of the Bidder. 3a The Bid must be delivered to the Company on or before the submission date and time specified in the RFQ Summary (“Bid Submission Date’). Any Bid received after the Bid Submission Date may be subject to disqualification. 35 ‘All documents and correspondence relating to this RFQ shall be in English language. If any documentation relating to this RFQ is submitted by the Bidder in another language in addition to English, the English version shal take precedence and be used for interpreting the information 36 Tithe Bidder would like to submit its Bid as a joint venture or consortium it shall inform the Company within seven days of receipt of the RFQ. The Bidder shall provide the following information to the Company: the full legal names of each partner; the legal address of each partner; the name of the partner nominated to act as the manager of the joint venture or ‘consortium; 4d. the responsibilities of each partner in relation to the Scope of Purchase; and e. a copy of the joint venture or consortium agreement with the Technical Bid, which shall state that: ¥ all partners shall be jointly and severally responsible for the performance of the Scope of PurchasINSTRUCTIONS TO BIDDER ‘Yin the event that any partner ceases to be a member of a joint ‘venture or consortium for any reason whatsoever the remaining ppartner(s) shall be fully responsible for the performance of the Scope of Purchase. ‘The Company shall review the Bidder’s proposal to submit a Bid as a joint venture or consortium and shall decide, at the Company’s discretion, whether this is acceptable to the Company. The Company shall notify the Bidder within seven days of receiving its proposal whether the proposal has been accepted or rejected. If the proposal is rejected by the Company, then the Bidder may proceed with submitting a Bid, not as part of a joint venture or consortium, within the timeframes set out in the RFQ. 'No bid bond is required under this RFQ. ‘Any Bid received by the Company shall be deemed to be the Bidders final offer and any unsolicited bids of any kind from the same Bidder after the submission date will not be considered and may result in disqualification of the Bi. 39) If there is a commercial or technical benefit to the Company or the ADNOC Group, the Bidder may submit an alternative Bid, in addition to the Bid requested within this RFQ, by submitting a separate and identifiable alternative Bid, which clearly details the commercial and/or technical benefits of such alternative Bid. Any alternative Bid should be submitted in accordance with the requirements set out in the RFQ Summary. Unless otherwise provided in this RFQ, a Bid may not be modified or withdrawn by the Bidder following the Bid Submission Date under any circumstances. Bidders are encouraged to utilise and engage with local UAE vendors, service providers ‘and manufacturers for the supply of goods or services, which are required as part of the Scope of Purchase under this REQ. 312 REQ TERMS AND CONDITIONS ‘The Company shall have the right, at its sole discretion, to select one or more Bidders to center into the Agreement with the Company. If after submission of the Commercial Bid, the Company decides to split the award of the Scope of Purchase then the Company shall obtain the prior consent of the successful Bidders. . 3s The Bidder may submit a request for clarification to the Company upon receiving the RFQ. Any request for clarification must be submitted to the Company at the address set cout in the Company Contact Details section of the RFQ Summary no less than seven (7) calendar days prior to the submission date for the Bid, 314 In the event of any discrepancy between the original and any copy of a Bid, the original shall take precedence. Bas The Company shall provide formal written notification to the Bidder in the event of any changes or modifications to the RFQ. If the Company makes a change to the Scope of Purchase after the Bid Submission Date, the Bidder shall be entitled to withdraw and re- submit the Bid in accordance with the timeframes communicated by the Company. If there is a material and substantial change to the Scope of Purchase then the Bidder shall have the right to withdraw its Bid from the RFQ process. 316 ‘All information contained in the Bid shall be used solely for evaluation purposes and shall not be deemed to become part of the Agreement. BUN eee secre ‘Arithmetic errors discovered by the Company in the Bid shall be construed and corrected by the Company in the following manner: > ifthere is a discrepancy between the unit price and the total price that i obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Company there is anRFQ TERMS AND CONDITIONS ‘obvious misplacement of the decimal point in the unit price, In which ease the total price as quoted shall govern and the unit price shall be corrected; and > if there isan error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected. Ifthe Bidder does not accept the correction of errors, the Bid may be disqualified by the Company. 3s ‘Any submitted Bid shall be in strict conformance with the requirements set forth in this RFQ. The Bidder as part of the Technical Bid shall submit the Qualification Statement in the form set out in Appendix 2 to this RFQ (“Qualification Statement”). This Qualification Statement shall either conlirm the Bidder’s conformity with the RFQ or detail the Bidder’s qualifications to this RFQ. Any qualification detailed elsewhere in the Bid shall not be considered. Any qualification detailed in the Commercial Bid shall be disregarded and the Company may at its sole diseretion disqualify the Commercial Bid x9 The Company may, at its sole discretion, evaluate any qualifications detailed in the Qualification Statement in order to determine whether such qualification is acceptable or renders the Bid non-compliant. Notwithstanding the forgoing, the Company shall not be obliged to consider any qualification and may reject any Bid that is qualified in any ‘manner without providing a reason therefor. 320 If the Bidder does not submit any qualification in accordance with the terms and conditions of this RFQ, the Company shall consider the Bid to be in strict compliance with the RFQ requirements without any qualification. Bal of all costs and ‘Any fees quoted in the Commercial Bid shall be all-inclusive disbursements and shall remain fixed for the term of the Agreement. 32 ‘Any and all costs associated with the preparation and submission of the Bid as well as any other costs incurred by the Bidder prior to award shall be at the sole expense of the Bidder, ‘This cost shall be bone by the Bidder irrespective of the result of the Bid process and the Company shall have no liability to the Bidder for any reason whatsoever, including in the event that the Company cancels the Bid process. 323 ‘The successful Bidder(s) shall be required to enter into the Agreement, which shall set out the legal terms and conditions and agreed fees that shall apply to the performance of the Scope of Purchase. 328 ‘The Company reserves the right to select or reject in its sole diseretion any Bid on any basis whatsoever without providing any justification to the Bidder. For the avoidance of doubt, the Company shall not be obliged to accept the lowest Bid received in response to this RFQ and may, at any time and in its sole discretion: > terminate, change or delay the Bid process, including the terms of this RFQ; andlor request the Bidder to return or destroy any document or information provided to it in connection with this RFQ, without any liability to the Bidder or any other party and without any obligation to inform the Bidder of the grounds for its action 325 ‘The Company shall not be deemed to have accepted any offer and no contract or ‘agreement with respect to the Scope of Purchase shall exist between the Company and the Bidder unless and until the Agreement is duly signed by both parties or a letter of award is, issued by the Company to the successful Bidder and the Bidder has confirmed receipt and acceptance of the letter of award in writing, The Company shall not be under any legal obligation or have any liability to the Bidder of any nature whatsoever by virtue of this RFQ. 3.26 ‘The Company may request additional information, clarifications and verifications with respect fo any item contained in the Bid. Bidder is required to respond to such request, in jting, as soon_as possible and no later than seven calendar days of receRFQ TERMS AND CONDITIONS Tequest Such writen response must be submited to the Company at the address set out the Company Contact Details section ofthe RFQ Summary. To assist in the examination, evaluation and comparison of Bids, the Company may also. require the Bidder to attend clarification meetings. Bidder shall be responsible forall costs, associated with submission of information additionally requested and with its preparation for and attendance at clarification meetings. 327 Any information provided by the Company as part of this Bid process is confidential and may only be used by the Bidder for the sole purpose of preparing a Bid. The Company's prior written consent must be acquired prior tothe release of any information that pertains in any way to this RFQ or any related process. Any pricing information submitted by the Bidder as part of the Bid is confidential and the Company shall not disclose such information to any third party which is not a member of the ADNOC Group 3.28 ‘No part of the RFQ may be distributed, reproduced, stored or transmitted in any form or by any means (in whole or in part), except for the purpose of preparing a Bid. This RFQ and other documents supplied by the Company remain the property of the Company and must be promptly retumed to the Company upon request together with all copies, electronic versions or excerps 329 ‘The Bidder shall not seek to obtain knowledge of the details of the Bids of any other RFQ tecipient and shall keep all Bid details confidential. Evidence of collusion in relation to this RFQ may lead to the disqualification of any or all Bids and legal action against any Bidder involved. 330 ‘The Bid shall be governed by the laws of Abu Dhabi and Federal Laws of the United Arab Emirates and the Bidder shall comply with the same. 331 No Bidder shall make, provide or offer gifts, bribes, entertainment, payments, loans, or other valuable consideration for the purpose of influencing individuals in respect of this RFQ. Should the Bidder become aware of an actual or potential violation of the ADNOC ‘code of conduct, the Bidder shall contact the Company's Ethics Help Line immediately. 332 Tn the event that the Bidder does not comply with the requirements of this RFQ then the Company reserves the right to apply restrictions on the Bidder's involvement in future quotations, in accordance with Company policy. RO ree se ese