RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO

UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Invitation To Tender Page 1 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

INVITATION TO TENDER

Invitation To Tender Page 2 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Invitation To Tender Page 3 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

REV DESCRIPTION

0 Issued for Enquiry Document

A Issued for draft EPC Enquiry Package

Invitation To Tender Page 4 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Invitation To Tender Page 5 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

INVITATION TO TENDER LETTER

REF: [________________]
DATE: [________________]

[__________________________]
[__________________________]
[__________________________]
[__________________________]

Dear Sirs,

Invitation To Tender Page 6 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

SUBJECT: RUWAIS - TRAIN 1 & 2 PROCESS FURNACES UPGRADE PROJECT NO.5605

ENQUIRY NO. 13560502 FOR EPC WORK
INVITATION TO TENDER

1.0 Abu Dhabi Gas Industries Ltd. (GASCO), hereinafter also referred to as “COMPANY”, hereby
invites you to submit a Lump Sum Turnkey Tender, in competition, in respect of the WORK
including, but not limited to, engineering, procurement, construction, installation, pre-
commissioning, COMMISSIONING and TEST RUN of “Ruwais - Train 1 & 2 Process
Furnaces Upgrade” PROJECT, together with the provision of 2 years operating spare parts,
as further described in the Enquiry Package.

2.0 The Enquiry Package comprises the following:

Invitation To Tender Page 7 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

 Invitation to Tender
 Instructions to Tenderers
 Form of AGREEMENT comprising:
 SIGNATURE AGREEMENT
 Articles
 EXHIBIT A – PROJECT Description
 EXHIBIT B – PROJECT Execution Manual
 EXHIBIT C – Unit WORK Packages
 Any Tender Bulletin or Tender Clarification issued prior to the EFFECTIVE DATE.

Invitation To Tender Page 8 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

3.0 Capitalised terms used herein shall have the meaning as ascribed to them in Article 1 of the
Form of AGREEMENT.

4.0 Subject to compliance of Sl. No. 5 below, the Enquiry Package on DVD shall be available for
collection on 10th December 2014, 1400 hours onwards from the office of :

Mr. Bharat H. Mehta

Head, Projects Procurement and Contracts Department
P6 Floor, Capital Plaza, Corniche Road
PO Box 665, Abu Dhabi, U.A.E.

Invitation To Tender Page 9 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Tel. +971 2 6031171; Fax. +971 2 6037307

5.0 You are requested to confirm, per return, your arrangements for collecting the Enquiry
Package by:

i) Nominating a named representative(s) to collect the Enquiry Package.

ii) Returning the COMPANY Confidentiality Agreement in two originals as per the form
attached hereto, duly signed and stamped on each page by an authorised officer of
your company.

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 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Your nominated representative(s) will be required to:

 provide two originals of the Confidentiality Agreement duly signed and stamped on
each page by an authorised officer of your company
 produce a copy of the signed formal Invitation to Tender;
 possess valid and authenticated identification, and
 sign a receipt form at COMPANY’s office.

6.0 Your wax sealed and completed offer, strictly in accordance with the Enquiry Package
including this Invitation to Tender, must be submitted to COMPANY as follows:

 Technical & Unpriced Commercial Tender (Package “A”) to be submitted by 1000 hrs

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 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

on 21st January 2015.

 Priced Commercial Tender (Package “B”), submission date will be advised by

COMPANY during the technical evaluation period. Tenderer shall not submit the Priced
Commercial Tender unless specifically instructed by COMPANY.

7.0 Tenderer’s attention is drawn to the registration requirements of the Emirate of Abu Dhabi, the
Emirate of Dubai (where applicable), and COMPANY, as detailed in the Enquiry Package.

8.0 Tenderer shall submit along with its Technical & Unpriced Commercial Tender a Tender Security
in accordance with Section 7.5 of the Instructions to Tenderers valid initially until 1st June
2015.

Invitation To Tender Page 12 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

9.0 A SITE Visit is provisionally scheduled for 3rd Week of December 2014 (this date will be
confirmed in writing by COMPANY seven (7) days prior to the SITE Visit). You are
requested to confirm your attendance and the names and designations of your proposed
attendee(s) for the SITE Visit no later than 16th December 2014. Tenderer’s attention is
drawn to the requirements regarding SITE Visit included within the Instructions to Tenderers.

10.0 This signed Invitation to Tender supersedes the unsigned Invitation to Tender document
forming part of the Enquiry Package DVD.

11.0 All queries, clarifications and communications by Tenderer shall be addressed and copied to
as stipulated in Section 2.4 of the Instructions to Tenderers.

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 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

12.0 Please acknowledge receipt of this Invitation to Tender in accordance with the Pro forma
enclosed as Appendix-1 to the Instruction to Tenderers, within five (5) days of the date
hereof.

Yours faithfully,

Mahmoud A. Yousif Al Hosani

Vice President – Projects Control

Invitation To Tender Page 14 of 19

 RUWAIS - TRAIN 1 & 2 PROCESS FURNACES GASCO
UPGRADE
ENQUIRY NO. 13560502 - EPC WORK PROJECT No: 5605

ABU DHABI GAS

INDUSTRIES LTD. DOC. NO. 13560502-INV REV. 0
(GASCO)

Attachments:

Attachment-A: COMPANY Confidentiality Agreement Form

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 ATTACHMENT A

COMPANY CONFIDENTIALITY AGREEMENT FORM

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 FORM OF COMPANY CONFIDENTIALITY AGREEMENT

THIS CONFIDENTIALITY AGREEMENT is made

BY AND BETWEEN

(1) ABU DHABI GAS INDUSTRIES LTD. (GASCO), a company organised and existing under
the laws of the United Arab Emirates and having its head office at GASCO Tower,
Corniche Road, Abu Dhabi, U.A.E. and postal address of P.O. Box 665, Abu Dhabi,
United Arab Emirates (hereinafter referred to as "COMPANY", which expression shall,
where the context so permits, include its successors and permitted assigns); and

(2) [INSERT TENDERER’s NAME], a company organised and existing under the laws of
[INSERT PLACE] and having its head office at [INSERT ADDRESS] (hereinafter referred
to as “TENDERER”)

also referred hereinafter individually as “PARTY” and collectively as “PARTIES” .

WHEREAS:

(A) COMPANY is considering engaging TENDERER to perform certain works/services in

connection with the [_______________________________________] (the "PROJECT");

(B) COMPANY has invited TENDERER to submit proposals to perform certain works/services
in connection with the PROJECT (the "TENDER") pursuant to an invitation to submit a
TENDER dated [_____________] (the "INVITATION TO TENDER");

(C) COMPANY intends to make available as part of the INVITATION TO TENDER and
thereafter, information and data in relation to the PROJECT, (hereinafter referred to as
“CONFIDENTIAL INFORMATION”) to TENDERER in order to enable TENDERER to
submit a TENDER to COMPANY and/or conduct negotiations with COMPANY in relation
to the PROJECT, and if awarded the contract, to perform said works/services in
connection with the PROJECT.

(D) COMPANY represents that it has the right to make available CONFIDENTIAL
INFORMATION to TENDERER, subject to the provisions hereinafter contained.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby

agreed between the PARTIES as follows:

1. Subject to Clause 2 herein below, in consideration of COMPANY making available to

TENDERER CONFIDENTIAL INFORMATION for the purposes set out in Recital (C)
above, TENDERER agrees that it shall not without prior consent of COMPANY divulge to
any agency or person the CONFIDENTIAL INFORMATION furnished directly or indirectly
by COMPANY in connection with the PROJECT, irrespective of whether such information
has been furnished prior to the making of this CONFIDENTIALITY AGREEMENT or at
any time thereafter.

2. TENDERER shall be entitled to disclose the CONFIDENTIAL INFORMATION furnished

directly or indirectly by COMPANY without the prior written consent of COMPANY if such
disclosure is made in good faith:

(a) to the extent required by applicable law; or

(b) to those of its directors, employees and officers engaged and acting in that
capacity in connection with the TENDER and/or the PROJECT who have
undertaken in writing obligations of confidentiality and limited use consistent with
those contained herein; or

Invitation To Tender Page 17 of 19

 (c) to any proposed subcontractor and/or vendor engaged or to be engaged by or on
behalf of the TENDERER and acting in that capacity in connection with the
TENDER and/or the PROJECT; or

(d) to outside consultants or advisers engaged or to be engaged by or on behalf of the

TENDERER and acting in that capacity in connection with the TENDER and/or the
PROJECT;

provided that in the case of the agencies or persons mentioned in Sub-Clauses 2(c) and
2(d) above TENDERER shall have first obtained the agency or person's consent in writing
to be bound by the same obligations of confidentiality, mutatis mutandis, as are created
by the terms of this CONFIDENTIALITY AGREEMENT, with the exception of the right to
further disclose information.

In the event any agency or person who has been exposed to the CONFIDENTIAL
INFORMATION, through TENDERER, disregards its confidentiality obligations or
misappropriates CONFIDENTIAL INFORMATION, TENDERER agrees to seek legal
redress and to co-operate with COMPANY in order to protect such CONFIDENTIAL
INFORMATION from unauthorised disclosure.

Upon COMPANY request, TENDERER shall furnish copies of such confidentiality

agreement with any agency or persons mentioned in Sub-Clauses 2(b), 2(c) and 2(d)
above.

3. TENDERER shall not use any CONFIDENTIAL INFORMATION received from COMPANY
for any purpose other than for the purposes set out in Recital (C) above.

4. The obligations of TENDERER under this CONFIDENTIALITY AGREEMENT shall not

apply to CONFIDENTIAL INFORMATION which:

(a) is known to TENDERER (as evidenced by its written records) prior to obtaining
same from COMPANY; or

(b) now or hereafter has entered the public domain through no fault of TENDERER; or

(c) otherwise lawfully becomes available to TENDERER from a third party under no
obligation of confidentiality.

For the purposes of this Clause 4, specific information disclosed by COMPANY to

TENDERER shall not be deemed to be known to the TENDERER prior to obtaining same
from COMPANY or to have entered the public domain or to be thereafter made available
by TENDERER merely because it is embraced by more general information in the public
domain or by more general information thereafter acquired by TENDERER. In addition,
any combination of features shall not be deemed to be within the foregoing exceptions
merely because individual features are in the public domain or in the possession of
TENDERER.
5. Nothing in this CONFIDENTIALITY AGREEMENT shall be construed as granting
intellectual property rights to the TENDERER in respect of CONFIDENTIAL
INFORMATION.
6. The copyright in any CONFIDENTIAL INFORMATION shall, in the absence of any
express provisions to the contrary, remain vested with the originator of the said
CONFIDENTIAL INFORMATION.
7. If COMPANY so requests, all CONFIDENTIAL INFORMATION and other information
received by TENDERER including all copies thereof shall be returned by TENDERER to
COMPANY immediately on COMPANY's request.
8. Neither PARTY shall assign any of its rights or obligations arising from this
CONFIDENTIALITY AGREEMENT without the prior written consent of the other PARTY.

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9. This CONFIDENTIALITY AGREEMENT shall be governed by the federal laws of the
United Arab Emirates and the laws of the Emirate of Abu Dhabi, and any dispute which
cannot be resolved amicably shall be finally settled by Arbitration in Abu Dhabi under the
Rules of Arbitration of the International Chamber of Commerce.
10. This CONFIDENTIALITY AGREEMENT, together with the obligations of confidentiality and
limited use set forth herein, is deemed to have become effective from the date of
INVITATION TO TENDER and shall terminate fifteen (15) years thereafter. In case of
TENDERER receiving an award of contract in its favour, this CONFIDENTIALITY
AGREEMENT shall remain valid until fifteen (15) years from the FINAL ACCEPTANCE
CERTIFICATE to be issued by COMPANY.

IN WITNESS WHEREOF the PARTIES have caused this CONFIDENTIALITY AGREEMENT to be

executed in duplicate originals on the dates indicated below.

Signed for and on behalf of Signed for and on behalf of

ABU DHABI GAS INDUSTRIES LTD. (GASCO) ________________________________
(COMPANY) (TENDERER)
By:______________________________________ By:_______________________________
Name:____________________________________ Name:_____________________________
Title:_____________________________________ Title:______________________________
Date:_____________________________________ Date:______________________________
Stamp:___________________________________ Stamp:____________________________

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