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0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including INSTRUCTIONS TO BIDDERS JGCS CONSORTIUM Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including INDEX GENERAL INQUIRY ACKNOWLEDGEMENT SUBMISSION OF PROPOSAL COMMUNICATION EVALUATION OF PROPOSAL VALIDITY OF PROPOSAL DEVIATION FROM INQUIRY DOCUMENTS FAMILIARIZATION WITH WORKING CONDITIONS CLARIFICATION 10 SITE VISIT 11 PRE-TENDER MEETING 12 PROPOSED PRICE 13 PROPOSAL AND ARTICLES OF AGREEMENT 14 CONTENTS OF PROPOSAL 15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL 16 CONFIDENTIAL DATA AND INFORMATION 17 TAXES AND DUTIES 18 DISQUALIFICATION FROM BID EVALUATION 19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY 20 SPECIAL INSTRUCTIONS TO BIDDERS ATTACHMENT-1 : ACKNOWLEGEMENT OF RECEIPT AND ACCEPTANCE ATTACHMENT-2 : MANPOWER SCHEDULES (1/3) STAFF/SUPERVISOR (2/3) DIRECT LABOR (3/3) INDIRECT LABOR ATTACHMENT-3 : CONSTRUCTION EQUIPMENT SCHEDULE ATTACHMENT-4 : ESTIMATED UTILITIES CONSUMPTION ATTACHMENT-5 : FORM OF SAFETY RECORD ATTACHMENT-6 : QA/QC REQUIREMENTS Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including GENERAL The Bidder is requested to submit to JGCS a proposal based on the Inquiry Documents for the Works as detailed in the Scope of Work and Supply attached thereto The Bidder's proposal must comply with all Inquiry Documents in all respects Deviations from the conditions enumerated in the Inquiry Documents may disqualify any proposals submitted The Inquiry Documents consist of: (1) Invitation to Bid (2) Instructions to Bidders (3) Form of Agreement (4) General Terms and Conditions including Compliance Provisions (5) JGCS HSSE Policy (6) JGCS Quality Policy (7) ANNEX Scope of Work and Supply (8) ANNEX Specifications (9) ANNEX Contract Price, Bill of Quantities and Unit Rates (10) ANNEX Time Schedule of Work (11) ANNEX Drawings (12) Any addenda issued by JGCS before Bid Closing Date The Bidder is requested to confirm that all applicable documents stated herein are in his possession, and if any of them prove to be missing, to inform JGCS promptly in order to obtain the same JGCS may issue addenda to the Inquiry Documents The Bidder shall acknowledge receipt of addenda in accordance with the procedure for acknowledgment of the Inquiry Documents as described in Clause hereof INQUIRY ACKNOWLEDGEMENT (1) Within five (5) working days from the Bidder's receipt of the Inquiry Documents, the Bidder is requested to send a message acknowledging receipt and acceptance of the same to the addressee given in Clause in the form of Attachment – The inquiry number and subject must appear on all correspondence and documents without fail (2) In case the Bidder is unwilling to submit a proposal, he is required to send a message to the addressee given in Clause within five (5) working days after Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including receipt of the Inquiry Documents, expressing such unwillingness, and promptly return all documents received from JGCS SUBMISSION OF PROPOSAL (1) Number of copies and addressee One original and one (1) copy of the Bidder's proposal duly signed by the Bidder's executive representative with an electronic data shall be submitted to the addressee given in Clause below (2) Bid closing date The Bidder is requested to submit a proposal on the bid closing date specified in the Invitation to Bid Any proposal submitted by the Bidder to JGCS after the bid closing date shall not be effective and shall be returned unopened unless an extension of the bid closing date is accepted by JGCS (3) Language The proposal and all related documents, including such items as reports, studies, correspondence, and drawings, shall be in the English language (4) Return of Inquiry Documents The unsuccessful Bidder shall immediately, upon receipt of JGCS's notice to that effect, return to JGCS all Inquiry Documents COMMUNICATION All communications shall be addressed as follows: JGC Corporation, World Operations Center Yokohama NSRP Project Team Attention : MR T Hayashi, Deputy Project Director, JGCS Consortium cc : MR K Inoue Subcontract Manager, JGCS Consortium Address : JGC Corporation, World Operation Center, 13th Floor (North Side), Queen’s Square Tower A, 3-1 Minato Mirai, 2-Chome, Nishi-ku, Yokohama 220-6001, JAPAN Phone : +81-45-682-8791 Facsimile : +81-45-682-8825 E-mail : inoue.kazunari@jgc.co.jp or inq-6495-XXXX-XXX@pms.jgc.co.jp The Bidder is invited to participate in this Bid through JGCS Procurement E-Solution System for Construction (J-PLUSC) EVALUATION OF PROPOSAL The evaluation of the Bidder's proposal will not be limited to price but also take into Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including account technical capability, working experience in the related field, time schedule of the Works, reliability of execution plan, etc It is therefore of essential importance that all the information requested in Para 14 "Contents of Proposal" hereinbelow be contained in the Bidder's proposal After the evaluation, JGCS will communicate to each Bidder the conclusion thereof by informing only success or failure of the bid JGCS reserves the right to reject any or all of the bid proposals without providing any reasons, and JGCS shall in no way be obliged to disclose the details about the evaluation to any Bidder VALIDITY OF PROPOSAL The Bidder's proposal shall be binding upon the Bidder and shall be deemed to remain valid until the date specified in the Invitation to Bid The Bidder will not be allowed to modify any part of the submitted proposal, unless agreed by JGCS DEVIATION FROM INQUIRY DOCUMENTS (1) In the event that the Bidder wishes to submit an alternative proposal, the Bidder shall firstly prepare his basic proposal strictly in accordance with the requirements and conditions hereof In addition to the basic proposal, the Bidder may prepare an alternative proposal clearly indicating (1) technical reasons (2) effects on price and (3) effects on the time schedule of the Works of the basic proposal JGCS reserves the right to accept either the basic proposal or the alternative proposal but in the event that the basic proposal is accepted, the requirements and conditions of the Inquiry Documents shall be deemed to have been accepted by the Bidder In the event of submission of an alternative proposal by the Bidder, the requirements and conditions of the Inquiry Documents to which no amendments and alternatives/deviations have been proposed by the Bidder at the time of the submission of the alternative proposal, shall be deemed to have been accepted fully by the Bidder (2) Any deviation and/or alterations from the inquiry conditions (commercial and technical) must be clearly and specifically stated in one section (to be titled "Deviations") of the proposal JGCS has no obligation to search for any deviations in other parts than the said "Deviation" section In the event that the Bidder is awarded the Contract, it will be on the basis only of those deviations and alterations included in such separate "Deviations" section and accepted by JGCS FAMILIARIZATION WITH WORKING CONDITIONS It is the Bidder's responsibility to familiarize himself with the Works to be performed in accordance with the Inquiry Documents, including but not limited to working conditions, location of the Works, and all other requirements, such as local conditions, applicable laws and regulations, labor condition, environmental aspects, etc., in order to submit a Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including firm and comprehensive proposal The Bidder shall also check and verify the local information contained in the Inquiry Documents and is expected to have fully satisfied himself thereon before submitting his proposal The Bidder shall make his own arrangements and inquiries with regard to the loading, unloading and transport of all construction equipment and material required for the Works The Bidder shall make all necessary investigations as to the heaviest loads that can be handled at ports or transported to the work site by road, railway or river, in particular with regard to the weight-bearing capacity of all bridges and culverts, and the Bidder shall comply with all relevant regulations of the governmental departments in connection therewith CLARIFICATION For clarification of or any query in respect of any part of the Inquiry Documents, the Bidder may contact JGCS by facsimile Any clarification or reply by JGCS will be advised to all Bidders and shall not be valid or binding unless made in writing (including facsimile) Bidder’s clarification request shall reach JGCS not later than week before the Closing Date and any late request shall be deemed invalid 10 SITE VISIT The Bidder is required to conduct a site survey in order to familiarize himself with the site conditions The Bidder who wishes to so may inform JGCS by email/fascimile of the names and titles of the visitors and visit the site No authorized permission is required 11 PRE-TENDER MEETING NOT REQUIRED 12 PROPOSED PRICE (1) Fixed unit rates The Bidder shall propose fixed unit rates on a remeasured contract basis by filling in the blanks of all tables contained in ANNEX An amount to absorb fluctuations in the costs of labor, construction equipment, materials and consumables shall be estimated at the Bidder's responsibility and be included in the proposed fixed unit rates without reference to the application of any price escalation clause or formula (2) Currencies The Bidder shall quote all prices in US Dollars specified in ANNEX 13 PROPOSAL AND ARTICLES OF AGREEMENT The Bidder's proposed unit rates shall be fixed and non-revisable as specified in Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including Clause 12 (1) above Of all the other contents of the Bidder's submitted proposal, only those parts which will be agreed by JGCS in writing shall be considered as forming a part of any subsequent agreements 14 CONTENTS OF PROPOSAL The contents of the Bidder's proposal should be explicit so that JGCS can fully analyze the essence of the technical and commercial aspects The Bidder's proposal shall include, without limitation, the data and information set out below Failure to enclose the requested information/documents will result in disqualification (1) Prices in accordance with ANNEX The Bidder shall fill in the blanks of all tables contained in ANNEX (2) Organization chart The Bidder shall submit an organization chart for construction activities Where the said activities are carried out at two locations or more, the Bidder shall prepare and submit separate and integrated organization charts covering the respective locations The organization chart shall be accompanied by: - A short description of responsibilities and scope of authority of various personnel functions shown - Curriculum vitae for key personnel (name, qualification, experience, background, age, length of service in your company, etc.) All key personnel shall be the Bidder's own employee and any appointment to key personnel of temporarily hired personnel or the Bidder's subcontractor personnel shall not be allowed - Total number of company's permanent staff and contract staff stating job category (3) Manpower schedule The Bidder shall submit a manpower schedule for the work, which shall be accompanied by: - Field Staff/Supervision The scheduled length of assignment to site supervision for each member shown in the Bidder’s proposed organization chart shall be shown in bar chart form (Attachment-2, 1/3) - Foreman/Labor (Direct & Indirect) The numbers of personnel, up to and including foreman level, which will be employed monthly (including subcontractors, if any) shall be shown in graphical form Direct and indirect labor (as defined in ANNEX 3) are to be shown separately (Attachment-2, 2/3 and 3/3) The Bidder shall plan his work on the basis that all activities shall be performed Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including during ten (10) hours per working day, and a work week of no more than six (6) days, Sunday being a non-working day, with no work on public holidays The Bidder shall specify in his proposal under this sub-item the nationality of the laborers which the Bidder intends to use for the Works (4) Construction equipment The Bidder shall submit a list of construction equipment which the Bidder will employ for the performance of the Works stating the source of supply (e.g rental or Bidder's own property) capacity, and a mobilization and demobilization schedule for each unit of such equipment (Attachment-3) (5) Schedule of estimated utilities consumption The Bidder shall submit a list of estimated quantities of utilities for the Bidder's use as required by ANNEX (such as electricity, potable water, industrial water, etc.), which will be consumed each month by both the work site and the field office (Attachment-4) (6) Subcontractors JGCS desires to keep subcontracting to a minimum The Bidder must state clearly which parts of the Works would be subcontracted, and which parts would definitely be done by the Bidder's own employees In the event that the Bidder intends to employ subcontractors for parts of the Works, the Bidder shall submit a list stating the names of such subcontractors (including local subcontractors, if any) (7) Time schedule The Bidder shall submit a detailed schedule in the form of a bar chart for the entire Works in accordance with the requirements of ANNEX 4, indicating clearly all the detailed work items described in ANNEX to the Inquiry Documents (8) Temporary facilities plan and area requirement The Bidder shall submit a layout plan including required area, descriptions and capacities of all temporary facilities to be constructed by the Bidder at the work site (9) Proposed construction method The Bidder shall state in detail the construction method or mode of work execution the Bidder proposes to employ to efficiently fulfill his scope of work and supply, together with comments on the advantages of such proposals (10) Experience on similar job The Bidder shall submit a list of similar jobs executed by the Bidder for the past five years, indicating project name, location, client, value and period of work, also stating clearly whether the job was carried out as the contractor or a subcontractor (11) Information on quality assurance and quality control (QA/QC) Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including The Bidder shall submit QA/QC relevant information including but not limited to a copy of the certificate, if the Bidder has acquired, on International Standard ISO 9000 or equivalent as part of the proposal as required in ATTACHMENT-6 (12) Information on Health, Safety, Security and Environment (HSSE) The Bidder shall submit HSSE relevant information including his corporate HSSE policy and the safety records by filling out the form of safety records Attachment-5 covering the past five years and safety plan to be used for the work (13) Information on the Bidder's volume of work in progress and current commitments The Bidder shall submit an analysis of the Bidder's projected workload for all construction works in progress and in future These construction works shall be individually identified by project, location and client Additionally, the Bidder shall provide information on manpower available for this Project and other construction projects respectively (14) Financial information The Bidder shall submit annual reports and/or financial status reports of the Bidder covering the past five years (15) All information called for in the Special Instruction to Bidders as attached, if any 15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL The Bidder shall bear all necessary costs and expenses required for or in connection with the preparation of the proposal and subsequent actions to be taken by the Bidder up to the conclusion of the contract including, site visits, clarifications of the proposal and negotiations of the Contract 16 CONFIDENTIAL DATA AND INFORMATION The Bidder shall keep the data and information contained in the Inquiry Documents supplied by JGCS strictly confidential as per secrecy declaration submitted earlier with the letter of Intention to Bid Violation of this can result in disqualification of the bidder to bid 17 TAXES AND DUTIES The Bidder and any subcontractors will be required to fully comply with the local tax laws and regulations To that end the Bidder is required to acquaint himself with the relevant laws and regulations relating to the importation of materials and corporate and personal income taxes, etc 18 DISQUALIFICATION FROM BID EVALUATION The Bidder should note that the proposal may in JGCS judgment be disqualified from bid Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including evaluation in the event that there are any deviations from the requirements of these Inquiry Documents including, but not be limited to, the following: (a) Where a quotation by telex, cable or facsimile has been submitted but the formal proposal confirming the absence of or the extent and nature of any deviations has not been submitted by the Bid Closing Date; (b) Where an original or basic proposal has been submitted after the Bid Closing Date; (c) Where an alternative proposal has been submitted after the Bid Closing Date; (d) Where the Bidder submits an alternative proposal but does not submit a basic proposal in conformance with these Inquiry Documents; or (e) Where the Bidder submits a proposal containing significant deviations from any of the conditions stipulated in the Form of Agreement or the General Terms and Conditions Each Bidder is strictly prohibited from discussing with any other Bidder any aspect of the Inquiry Documents or their proposals or otherwise exchanging information or colluding in respect of the Project JGCS may reject the proposal of any Bidder who does not comply with this requirement 19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY If the Bidder's proposal is based upon a joint venture or other association, a statement specifying: - Joint and several responsibilities vis-a-vis JGCS between the participants, - Split of work and responsibilities between the participants, - Representation of the joint venture or association, must be included in the proposal In the event that Bidder is a subsidiary of another corporation, or is more than 50% owned by another corporation, it is a condition precedent to the acceptance of any Proposal of the Bidder that the Bidder’s ultimate parent company commits to provide the “parent company guarantee” in the form of EXHIBIT H of the Form of Agreement pursuant to ARTICLE 9.3 of the Form of Agreement 20 SPECIAL INSTRUCTIONS TO BIDDERS These "Instructions to Bidders" should be read in conjunction with any special instructions which may be contained in the attached sheet(s) or issued by any addendum to cover the special requirements of this bid Page of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including ATTACHMENT- CHANGE OF CONTACT EMAIL ADDRESS PROJECT NAME : : NSRP Complex From : VINACONEX E&C To : Attention Cc Address : : : Phone Facsimile E-mail : : : JGC Corporation, World Operations Center Yokohama NSRP Project Team MR T Hayashi, Deputy Project Director, JGCS Consortium MR K Inoue Subcontract Manager, JGCS Consortium JGC Corporation, World Operation Center, 13th Floor (North Side), Queen’s Square Tower A, 3-1 Minato Mirai, 2-Chome, Nishi-ku, Yokohama 220-6001, JAPAN +81-45-682-8791 +81-45-682-8825 inoue.kazunari@jgc.co.jp Dear Sirs, Firstly, we would like to express our thanks for your kind cooperation in the previous time Due to Vinaconex E&C’s personal change, we would like to hereby acknowledge our new e-mail address, which shall be used for exchanging information of NSRP quoted packages between JGC and Vinaconex E&C as follows: - Former contact person: Mr Nguyen Duy Quang ndquang@vinaconexec.com.vn - New contact person: Ms Pham Thu Hang pthang@vinaconexec.com.vn E-mail: E-mail: Yours sincerely, Date: : 21-AUGUST-2013 By : Name : : : NGUYEN THANH LONG Title DIRECTOR Page of 22 : : VICE 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including INSTRUCTIONS TO BIDDERS JGCS CONSORTIUM Page 10 of 22 0-6495-20-0000 Attachment-1and6.docx NSRP Project Inquiry Document peo1527442150.docx_NSRP-(R2) including INDEX GENERAL INQUIRY ACKNOWLEDGEMENT SUBMISSION OF PROPOSAL COMMUNICATION EVALUATION OF PROPOSAL VALIDITY OF PROPOSAL DEVIATION FROM INQUIRY DOCUMENTS FAMILIARIZATION WITH WORKING CONDITIONS CLARIFICATION 10 SITE VISIT 11 PRE-TENDER MEETING 12 PROPOSED PRICE 13 PROPOSAL AND ARTICLES OF AGREEMENT 14 CONTENTS OF PROPOSAL 15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL 16 CONFIDENTIAL DATA AND INFORMATION 17 TAXES AND DUTIES 18 DISQUALIFICATION FROM BID EVALUATION 19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY 20 SPECIAL INSTRUCTIONS TO BIDDERS ATTACHMENT-1 : ACKNOWLEGEMENT OF RECEIPT AND ACCEPTANCE ATTACHMENT-2 : MANPOWER SCHEDULES (1/3) STAFF/SUPERVISOR (2/3) DIRECT LABOR (3/3) INDIRECT LABOR ATTACHMENT-3 : CONSTRUCTION EQUIPMENT SCHEDULE ATTACHMENT-4 : ESTIMATED UTILITIES CONSUMPTION ATTACHMENT-5 : FORM OF SAFETY RECORD ATTACHMENT-6 : QA/QC REQUIREMENTS Page 11 of 22 GENERAL The Bidder is requested to submit to JGCS a proposal based on the Inquiry Documents for the Works as detailed in the Scope of Work and Supply attached thereto The Bidder's proposal must comply with all Inquiry Documents in all respects Deviations from the conditions enumerated in the Inquiry Documents may disqualify any proposals submitted The Inquiry Documents consist of: (1) Invitation to Bid (2) Instructions to Bidders (3) Form of Agreement (4) General Terms and Conditions including Compliance Provisions (5) JGCS HSSE Policy (6) JGCS Quality Policy (7) ANNEX Scope of Work and Supply (8) ANNEX Specifications (9) ANNEX Contract Price, Bill of Quantities and Unit Rates (10) ANNEX Time Schedule of Work (11) ANNEX Drawings (12) Any addenda issued by JGCS before Bid Closing Date The Bidder is requested to confirm that all applicable documents stated herein are in his possession, and if any of them prove to be missing, to inform JGCS promptly in order to obtain the same JGCS may issue addenda to the Inquiry Documents The Bidder shall acknowledge receipt of addenda in accordance with the procedure for acknowledgment of the Inquiry Documents as described in Clause hereof INQUIRY ACKNOWLEDGEMENT (1) Within five (5) working days from the Bidder's receipt of the Inquiry Documents, the Bidder is requested to send a message acknowledging receipt and acceptance of the same to the addressee given in Clause in the form of Attachment – The inquiry number and subject must appear on all correspondence and documents without fail (2) In case the Bidder is unwilling to submit a proposal, he is required to send a message to the addressee given in Clause within five (5) working days after receipt of the Inquiry Documents, expressing such unwillingness, and promptly Page 12 of 22 return all documents received from JGCS SUBMISSION OF PROPOSAL (1) Number of copies and addressee One original and one (1) copy of the Bidder's proposal duly signed by the Bidder's executive representative with an electronic data shall be submitted to the addressee given in Clause below (2) Bid closing date The Bidder is requested to submit a proposal on the bid closing date specified in the Invitation to Bid Any proposal submitted by the Bidder to JGCS after the bid closing date shall not be effective and shall be returned unopened unless an extension of the bid closing date is accepted by JGCS (3) Language The proposal and all related documents, including such items as reports, studies, correspondence, and drawings, shall be in the English language (4) Return of Inquiry Documents The unsuccessful Bidder shall immediately, upon receipt of JGCS's notice to that effect, return to JGCS all Inquiry Documents COMMUNICATION All communications shall be addressed as follows: JGC Corporation, World Operations Center Yokohama NSRP Project Team Attention : MR T Hayashi, Deputy Project Director, JGCS Consortium cc : MR K Inoue Subcontract Manager, JGCS Consortium Address : JGC Corporation, World Operation Center, 13th Floor (North Side), Queen’s Square Tower A, 3-1 Minato Mirai, 2-Chome, Nishi-ku, Yokohama 220-6001, JAPAN Phone : +81-45-682-8791 Facsimile : +81-45-682-8825 E-mail : inoue.kazunari@jgc.co.jp or inq-6495-XXXX-XXX@pms.jgc.co.jp The Bidder is invited to participate in this Bid through JGCS Procurement E-Solution System for Construction (J-PLUSC) EVALUATION OF PROPOSAL The evaluation of the Bidder's proposal will not be limited to price but also take into account technical capability, working experience in the related field, time schedule of the Works, reliability of execution plan, etc It is therefore of essential importance that Page 13 of 22 all the information requested in Para 14 "Contents of Proposal" hereinbelow be contained in the Bidder's proposal After the evaluation, JGCS will communicate to each Bidder the conclusion thereof by informing only success or failure of the bid JGCS reserves the right to reject any or all of the bid proposals without providing any reasons, and JGCS shall in no way be obliged to disclose the details about the evaluation to any Bidder VALIDITY OF PROPOSAL The Bidder's proposal shall be binding upon the Bidder and shall be deemed to remain valid until the date specified in the Invitation to Bid The Bidder will not be allowed to modify any part of the submitted proposal, unless agreed by JGCS DEVIATION FROM INQUIRY DOCUMENTS (1) In the event that the Bidder wishes to submit an alternative proposal, the Bidder shall firstly prepare his basic proposal strictly in accordance with the requirements and conditions hereof In addition to the basic proposal, the Bidder may prepare an alternative proposal clearly indicating (1) technical reasons (2) effects on price and (3) effects on the time schedule of the Works of the basic proposal JGCS reserves the right to accept either the basic proposal or the alternative proposal but in the event that the basic proposal is accepted, the requirements and conditions of the Inquiry Documents shall be deemed to have been accepted by the Bidder In the event of submission of an alternative proposal by the Bidder, the requirements and conditions of the Inquiry Documents to which no amendments and alternatives/deviations have been proposed by the Bidder at the time of the submission of the alternative proposal, shall be deemed to have been accepted fully by the Bidder (2) Any deviation and/or alterations from the inquiry conditions (commercial and technical) must be clearly and specifically stated in one section (to be titled "Deviations") of the proposal JGCS has no obligation to search for any deviations in other parts than the said "Deviation" section In the event that the Bidder is awarded the Contract, it will be on the basis only of those deviations and alterations included in such separate "Deviations" section and accepted by JGCS FAMILIARIZATION WITH WORKING CONDITIONS It is the Bidder's responsibility to familiarize himself with the Works to be performed in accordance with the Inquiry Documents, including but not limited to working conditions, location of the Works, and all other requirements, such as local conditions, applicable laws and regulations, labor condition, environmental aspects, etc., in order to submit a firm and comprehensive proposal The Bidder shall also check and verify the local information contained in the Inquiry Documents and is expected to have fully satisfied himself thereon before submitting his proposal Page 14 of 22 The Bidder shall make his own arrangements and inquiries with regard to the loading, unloading and transport of all construction equipment and material required for the Works The Bidder shall make all necessary investigations as to the heaviest loads that can be handled at ports or transported to the work site by road, railway or river, in particular with regard to the weight-bearing capacity of all bridges and culverts, and the Bidder shall comply with all relevant regulations of the governmental departments in connection therewith CLARIFICATION For clarification of or any query in respect of any part of the Inquiry Documents, the Bidder may contact JGCS by facsimile Any clarification or reply by JGCS will be advised to all Bidders and shall not be valid or binding unless made in writing (including facsimile) Bidder’s clarification request shall reach JGCS not later than week before the Closing Date and any late request shall be deemed invalid 10 SITE VISIT The Bidder is required to conduct a site survey in order to familiarize himself with the site conditions The Bidder who wishes to so may inform JGCS by email/fascimile of the names and titles of the visitors and visit the site No authorized permission is required 11 PRE-TENDER MEETING NOT REQUIRED 12 PROPOSED PRICE (1) Fixed unit rates The Bidder shall propose fixed unit rates on a remeasured contract basis by filling in the blanks of all tables contained in ANNEX An amount to absorb fluctuations in the costs of labor, construction equipment, materials and consumables shall be estimated at the Bidder's responsibility and be included in the proposed fixed unit rates without reference to the application of any price escalation clause or formula (2) Currencies The Bidder shall quote all prices in US Dollars specified in ANNEX 13 PROPOSAL AND ARTICLES OF AGREEMENT The Bidder's proposed unit rates shall be fixed and non-revisable as specified in Clause 12 (1) above Of all the other contents of the Bidder's submitted proposal, only those parts which will be agreed by JGCS in writing shall be considered as forming a part of any subsequent agreements Page 15 of 22 14 CONTENTS OF PROPOSAL The contents of the Bidder's proposal should be explicit so that JGCS can fully analyze the essence of the technical and commercial aspects The Bidder's proposal shall include, without limitation, the data and information set out below Failure to enclose the requested information/documents will result in disqualification (1) Prices in accordance with ANNEX The Bidder shall fill in the blanks of all tables contained in ANNEX (2) Organization chart The Bidder shall submit an organization chart for construction activities Where the said activities are carried out at two locations or more, the Bidder shall prepare and submit separate and integrated organization charts covering the respective locations The organization chart shall be accompanied by: - A short description of responsibilities and scope of authority of various personnel functions shown - Curriculum vitae for key personnel (name, qualification, experience, background, age, length of service in your company, etc.) All key personnel shall be the Bidder's own employee and any appointment to key personnel of temporarily hired personnel or the Bidder's subcontractor personnel shall not be allowed - Total number of company's permanent staff and contract staff stating job category (3) Manpower schedule The Bidder shall submit a manpower schedule for the work, which shall be accompanied by: - Field Staff/Supervision The scheduled length of assignment to site supervision for each member shown in the Bidder’s proposed organization chart shall be shown in bar chart form (Attachment-2, 1/3) - Foreman/Labor (Direct & Indirect) The numbers of personnel, up to and including foreman level, which will be employed monthly (including subcontractors, if any) shall be shown in graphical form Direct and indirect labor (as defined in ANNEX 3) are to be shown separately (Attachment-2, 2/3 and 3/3) The Bidder shall plan his work on the basis that all activities shall be performed during ten (10) hours per working day, and a work week of no more than six (6) days, Sunday being a non-working day, with no work on public holidays The Bidder shall specify in his proposal under this sub-item the nationality of the laborers which the Bidder intends to use for the Works Page 16 of 22 (4) Construction equipment The Bidder shall submit a list of construction equipment which the Bidder will employ for the performance of the Works stating the source of supply (e.g rental or Bidder's own property) capacity, and a mobilization and demobilization schedule for each unit of such equipment (Attachment-3) (5) Schedule of estimated utilities consumption The Bidder shall submit a list of estimated quantities of utilities for the Bidder's use as required by ANNEX (such as electricity, potable water, industrial water, etc.), which will be consumed each month by both the work site and the field office (Attachment-4) (6) Subcontractors JGCS desires to keep subcontracting to a minimum The Bidder must state clearly which parts of the Works would be subcontracted, and which parts would definitely be done by the Bidder's own employees In the event that the Bidder intends to employ subcontractors for parts of the Works, the Bidder shall submit a list stating the names of such subcontractors (including local subcontractors, if any) (7) Time schedule The Bidder shall submit a detailed schedule in the form of a bar chart for the entire Works in accordance with the requirements of ANNEX 4, indicating clearly all the detailed work items described in ANNEX to the Inquiry Documents (8) Temporary facilities plan and area requirement The Bidder shall submit a layout plan including required area, descriptions and capacities of all temporary facilities to be constructed by the Bidder at the work site (9) Proposed construction method The Bidder shall state in detail the construction method or mode of work execution the Bidder proposes to employ to efficiently fulfill his scope of work and supply, together with comments on the advantages of such proposals (10) Experience on similar job The Bidder shall submit a list of similar jobs executed by the Bidder for the past five years, indicating project name, location, client, value and period of work, also stating clearly whether the job was carried out as the contractor or a subcontractor (11) Information on quality assurance and quality control (QA/QC) The Bidder shall submit QA/QC relevant information including but not limited to a copy of the certificate, if the Bidder has acquired, on International Standard ISO 9000 or equivalent as part of the proposal as required in ATTACHMENT-6 (12) Information on Health, Safety, Security and Environment (HSSE) Page 17 of 22 The Bidder shall submit HSSE relevant information including his corporate HSSE policy and the safety records by filling out the form of safety records Attachment-5 covering the past five years and safety plan to be used for the work (13) Information on the Bidder's volume of work in progress and current commitments The Bidder shall submit an analysis of the Bidder's projected workload for all construction works in progress and in future These construction works shall be individually identified by project, location and client Additionally, the Bidder shall provide information on manpower available for this Project and other construction projects respectively (14) Financial information The Bidder shall submit annual reports and/or financial status reports of the Bidder covering the past five years (15) All information called for in the Special Instruction to Bidders as attached, if any 15 COSTS OF PREPARATION OF THE BIDDER'S PROPOSAL The Bidder shall bear all necessary costs and expenses required for or in connection with the preparation of the proposal and subsequent actions to be taken by the Bidder up to the conclusion of the contract including, site visits, clarifications of the proposal and negotiations of the Contract 16 CONFIDENTIAL DATA AND INFORMATION The Bidder shall keep the data and information contained in the Inquiry Documents supplied by JGCS strictly confidential as per secrecy declaration submitted earlier with the letter of Intention to Bid Violation of this can result in disqualification of the bidder to bid 17 TAXES AND DUTIES The Bidder and any subcontractors will be required to fully comply with the local tax laws and regulations To that end the Bidder is required to acquaint himself with the relevant laws and regulations relating to the importation of materials and corporate and personal income taxes, etc 18 DISQUALIFICATION FROM BID EVALUATION The Bidder should note that the proposal may in JGCS judgment be disqualified from bid evaluation in the event that there are any deviations from the requirements of these Inquiry Documents including, but not be limited to, the following: (a) Where a quotation by telex, cable or facsimile has been submitted but the formal proposal confirming the absence of or the extent and nature of any deviations has not been submitted by the Bid Closing Date; Page 18 of 22 (b) Where an original or basic proposal has been submitted after the Bid Closing Date; (c) Where an alternative proposal has been submitted after the Bid Closing Date; (d) Where the Bidder submits an alternative proposal but does not submit a basic proposal in conformance with these Inquiry Documents; or (e) Where the Bidder submits a proposal containing significant deviations from any of the conditions stipulated in the Form of Agreement or the General Terms and Conditions Each Bidder is strictly prohibited from discussing with any other Bidder any aspect of the Inquiry Documents or their proposals or otherwise exchanging information or colluding in respect of the Project JGCS may reject the proposal of any Bidder who does not comply with this requirement 19 JOINT VENTURE OR ASSOCIATION OR SUBSIDIARY If the Bidder's proposal is based upon a joint venture or other association, a statement specifying: - Joint and several responsibilities vis-a-vis JGCS between the participants, - Split of work and responsibilities between the participants, - Representation of the joint venture or association, must be included in the proposal In the event that Bidder is a subsidiary of another corporation, or is more than 50% owned by another corporation, it is a condition precedent to the acceptance of any Proposal of the Bidder that the Bidder’s ultimate parent company commits to provide the “parent company guarantee” in the form of EXHIBIT H of the Form of Agreement pursuant to ARTICLE 9.3 of the Form of Agreement 20 SPECIAL INSTRUCTIONS TO BIDDERS These "Instructions to Bidders" should be read in conjunction with any special instructions which may be contained in the attached sheet(s) or issued by any addendum to cover the special requirements of this bid Page 19 of 22 ATTACHMENT- Page 20 of 22 ... description of responsibilities and scope of authority of various personnel functions shown - Curriculum vitae for key personnel (name, qualification, experience, background, age, length of service... key personnel shall be the Bidder's own employee and any appointment to key personnel of temporarily hired personnel or the Bidder's subcontractor personnel shall not be allowed - Total number of. .. description of responsibilities and scope of authority of various personnel functions shown - Curriculum vitae for key personnel (name, qualification, experience, background, age, length of service

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