central tender no. (47 /2020) assessment of the safety of

1

Central Tender No. (47 /2020)

Assessment of the safety of ammonia

handling, storage tanks, distribution

systems and the related

manufacturing facilities operation

REQUEST FOR PROPOSALS

September 2020

2

CONTENTS

Page

1 Introduction 4

1.1 Background 4 1.2 Request for Proposals (RFP) 5 1.3 Pre-bid meeting 6

2 SCOPE OF CONSULTANCY SERVICES (SOCS) 7

2.1 General Requirements. 7 2.2 Consultancy services. 7 2.3 Data collection and review 7 2.4 Conducting assessment and inspections 8 2.5 Development and submission of confidential report, assessment

reports, and inspection results reports. 10

3 Schedule and Deliverables 11

3.1 Schedule 11 3.2 Deliverables 11

4 Proposals 12

4.1 General 12 4.2 Technical proposal 12 4.3 Financial proposal 15 4.4 Bid Bond: 17

5 Submission & Evaluation of Proposals 19

5.1 Submission of proposals 19 5.2 Evaluation of proposals 20 5.3 Compliance 22 5.5 Award criteria 23 5.6 Amendments to timetable and tender cancellation 23 5.7 Acceptance/rejection of tenders 23 5.8 Clarification of proposals 24

5.9 Terms and conditions 25 5.10 Negotiation 29

DISCLAIMER

3

This RFP is being issued by Government Tenders Department (GTD), the Procuring Entity, on behalf of ADC to provide interested parties with the conditions, procedures, information requirements and evaluation criteria which must be met if they intend to submit a Proposal to be appointed by GTD / ADC to provide the Services in relation to the Project. This RFP and any other information that may be supplied in connection with it is made available on the condition that it is used solely in connection with the process set out herein and may not be used for any other purpose whatsoever.

This RFP does not purport to contain all of the information that such interested parties may need or desire nor has it been independently verified. It has been prepared to assist interested parties in making their own independent evaluation. In all cases, such parties should conduct their own due diligence, perform their own analysis and should seek such professional advice as they deem necessary to determine their interest in providing the Services.

Neither GTD, nor ADC or any of its employees, agents, representatives, advisors or consultants makes any representation (express or implied) or warranty (express or implied) as to the accuracy or completeness of this RFP or the information contained herein and shall have no liability for it or for any other written or oral communication transmitted to or received by Bidders in the course of their evaluation of the Project.

Nothing within this RFP is or should be relied upon as a promise, offer or representation as to the future.

Neither GTD nor ADC or its employees, agents, representatives, advisors or consultants undertakes to provide Bidders with access to additional information or to update information in this RFP or to correct any inaccuracies which may become apparent.

GTD / ADC reserves the right, in its sole discretion, to modify any of the rules or procedures relating to the tender process without prior notice or assigning any reason therefore, to postpone or cancel the tender process altogether at any time prior to the execution of the Services Agreement. Neither GTD nor ADC or any of its employees, agents, representatives, advisors or consultants will be liable or responsible to any person for any cost or expense incurred in responding to this RFP or in any investigation or transaction, whether or not completed or entered into, or other work which may or may not follow.

By virtue of confirming its participation in this tender process, each Bidder confirms that it is subject to the terms of the disclaimer contained in this “Important Notice”.

4

1 INTRODUCTION

The Aqaba Special Economic Zone is a global hub, with three continents converging and forming a global hub for investors and tourists alike. The region lies on the Gulf of Aqaba in the south of the Hashemite Kingdom of Jordan, which flows into the Red Sea. It forms a strategic outlet for regional and international markets, maximizing business opportunities in all sectors and providing an advanced standard of living. The Aqaba Special Economic Zone Authority plays a leading role at the administrative and governmental level in the Hashemite Kingdom of Jordan and applies the principle of good governance based on transparency and effectiveness in the decision-making process. The Authority is an independent institution that deals with the development and management of the Aqaba Special Economic Zone and provides integrated services to investors and registered companies.

Aqaba Development Corporation (ADC), the central development arm of the ASEZA, was launched in 2004.

ADC is owned by the Government of Jordan and ASEZA and is mandated to build new infrastructure and required superstructure, expand existing utilities, create necessary business enablers and manage / operate key facilities for ASEZ.

ADC owns the ports, airport and strategic parcels of land, as well as the development/management rights for these assets and for key infrastructure and utilities. It strives to develop these assets and optimize private sector participation in their development and management so as to stimulate the economy and promote growth and development of ASEZ and, thus, Jordan.

1.1 Background

ADC on behalf of ASEZA is looking into assessing the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation throughout their long life and ensuring the ammonia tanks systems are properly maintained and managed along with compliance with applicable legislation and guides in addition for the safety and quality of ammonia handling and distribution. ADC is seeking capabilities which will ensure that the objectives of the assignment are achieved effectively. Jordan Phosphate Mines Company is the main importer for the ammonia through the industrial terminal, store it and distribute it to other end users through a piping system. End users are:

1. Jordan Phosphate Mines Company (Aqaba Industrial Complex)

2. Nippon Jordan Fertilizer Company (NJFC)

3. Arab Fertilizers and chemicals Industries (KEMAPCO)

4. First for Ammonia Manufacturing

5

1.2 Request for Proposals (RFP)

This request for proposal has been released by Government Tenders Department (GTD) on behalf of ADC inviting qualified consultancy firms to submit a proposal for the provision of consulting services in accordance with the instructions described herein and defined in this Request for Proposals for the assignment of " assessing the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation”. Participating consultants should have in-depth knowledge and documented experience of conducting similar initiatives and a demonstrated understanding of the Ammonia industry.

Bidders are to note the following:

This RFP sets out the scope of services required and the requirements for submission of technical and financial proposals.

Bidders’ Proposals are to be submitted in accordance with the requirements as set out in this document.

Requests for any further information or clarification in respect of this RFP should be made to the Chairman of the Specialized Central Procurement Committee via writing fax or e-mail ([email protected]) to the following address before ( ). Response to clarifications will be issued via addenda to the Tender Documents circulated to the interested bidders.

GTD will respond to any request for clarification which it receives prior to the deadline for submission of proposals. Copies of all questions raised and the related responses given will be forwarded to all participating consultants.

Interested bidders are requested to follow up the issuance of such addenda to the Tender Documents or answers to clarifications through GTD web site mentioned below and to collect the issued Addenda from GTD offices by an Authorized Representative.

The Chief Executive Officer of Aqaba Development Corporation (ADC) is the authorized for contract signing.

Any Bid not accompanied by an enforceable and compliant Bid guarantee shall be rejected by the GTD/The Specialized Central Procurement Committee as non-responsive, Certified cheques shall be acceptable.

The Specialized Central Procurement Committee / the Procuring Entity (GTD) reserves the right to cancel the tender without stating the reasons and without thereby incurring any liability to bidders.

Issuance of this invitation does not in any way obligate the GTD to award the contract nor does it commit the GTD to pay for the cost incurred in preparation and delivery of this bid.

The tendering process is regulated by the Government Procurement System (Bylaw) No. (28/2019) and its regulations..

mailto:[email protected]

6

According to the Government Procurement System No. (28/2019) (Bylaw), any Bidder has the right to object to the final decision, tender result, or any action done through the tendering process.

The conditions of engagement shall be to FIDIC Client/Consultant Model Services

agreement, 4th Edition 2006 and particular conditions of contract (attachment E)

1.3 Pre-bid meeting

Consultants may be, upon receiving an invitation, expected to attend at their own cost a pre-bid meeting and a site visit. Both the pre-bid meeting and site visit will be scheduled by GTD and ADC through an announcement that will be circulated to all bidders in this regard.

7

2 SCOPE OF CONSULTANCY SERVICES (SOCS)

2.1 General Requirements.

The consultant will be expected to internally manage the scope of services as part of its service provision and report to ADCs project management team. The services are to be undertaken under an approved quality system in accordance with the requirements of BSEN ISO9001. The system shall provide the basis for establishing and maintaining an economic and effective framework for the management of cost, time and quality to ensure that the services provided by the consultant meets the requirements of ADC at all times. In addition a software protocol will be established and all firms will be required to use the prescribed software for all activities on the project. Office software will be Microsoft Word, Microsoft Office Professional XP, CAD software will be AutoCAD and project management software will be Microsoft Project. Other software will only be permitted at the discretion of ADC whose decision shall be final. The language of the project will be English.

2.2 Consultancy services.

The services to be performed by the consultant are defined in the following sections.

The consultant must anticipate all required visits to Aqaba, onsite inspections and other requirements and include the involved costs in their proposed lump sum price, with a breakdown to be provided in accordance section no. 5.3. The consultant’s performance is measured versus the completion of all required tasks and approved submissions of deliverables as specified in section no 5.3. Below is a description of the defined tasks.

2.3 Data collection and review

The consultant shall collect, collate, review and evaluate all relevant information and documents. The consultant is responsible for coordinating and meeting with all concerned parties especially Aqaba Special Economic Zone Authority (ASEZA), Aqaba Development Corporation (ADC), Jordan Phosphate Mines Company (JPMC), Jordan Industrial Port Company (JIPC), Aqaba Company for Ports Operations and Management (ACPOM) and any other concerned parties. ADC will provide appropriate letters of introduction for this purpose.

8

As such, tasks include engagement with ADC and other parties to understand the project outputs and objectives reviewing the existing data and, as necessary, collecting additional data as the basis of assessment.

2.4 Conducting assessment and inspections

Related and required tasks are but not limited to the listed tasks hereunder for all ammonia receiving, handling, storage and distribution functions, facilities and methods where applicable:

2.4.1 Detailed Assessment of the following functions / facilities: The consultant shall conduct a comprehensive assessment on the following but not limited to facilities / functions:

1. Ammonia Dispersion Modeling resulting from all end users. 2. Assessing risks in all areas of Ammonia storage and usage 3. Assessing risks in all areas of Ammonia piping system from ship to tanks and to end

users. 4. Compliance with relevant Pressure Systems Regulations 5. Dealing with the New EU Pressure Equipment Directive 6. Compliance with the relevant directives relating to the flammability of Ammonia &

Equipment and Worker Protection 7. Safe Management of Ammonia Refrigeration Systems 8. Emergency Response Plan (for Hazardous Substance (Ammonia) Leaks) 9. Dealing with the Emergency Services in the event of a leak, and preparation for

such a leak 10. Ammonia Gas Detection systems 11. Evaporative Condensers for ammonia systems (the proper operation, care and

maintenance of evaporative condensers & cooling towers) 12. Pressure Relief Valves: PRV types, selection, installation and maintenance 13. Training of your Team/ staff to be prepared for a leakage, what to do, how to

prevent such leakage 14. Risk assessments of current signage & advice of signage requirements.

2.4.2 Inspection: The consultant will be required to tailor an on-site inspection for a facility that may include some or all of the following to satisfy the International Institute of Ammonia Refrigeration (IIAR) Bulletin 110 criteria for a five-year independent inspection of the system:

1. Visual Inspection of Equipment and Associated Piping

2. Interview with Maintenance Personnel

3. Review of Maintenance Records

4. Review of Ammonia Incident Reports

5. Review of Manufacturers’ O&M Manuals

6. Inspection Forms Development

7. Pre-Startup Safety Review (PSSR)

9

8. Non-Condensable Test

9. Observe Test of Safety Shut-Off Functions, such as compressor cut-outs, high/low

levels on vessels, detection systems

Inspections shall be conducted on all ammonia receiving, handling, storage and distribution functions, facilities and methods where applicable

2.4.3 Assessing the Emergency and evacuation plans: The consultant should assess the emergency plan taking into account the:

1. nature of the work being carried out

2. nature of the hazards at the workplace

3. size and location of the workplace

4. number and composition of the workers and other persons at the workplace.

Also, the consultant will be required to assess:

1. activation of emergency plans

2. evacuation of facilities and nearby sites

3. involvement of the emergency services.

4. isolate effectiveness.

5. preventive maintenance.

Assessment shall be conducted on all ammonia receiving, handling, storage and distribution functions, facilities and methods where applicable.

2.4.4 Assessing the tools in use during an ammonia incident: The consultant should assess the tools in use to assist in a more orderly response during an ammonia incident, including:

1. Electronic resources (system information and schematics, SDS),

2. technical expertise (on-site staff and external specialists),

3. gas detection equipment,

4. mitigation equipment,

5. water fogging equipment,

6. pipe repair equipment,

7. product transfer equipment,

8. suitable high expansion foam to cover liquid spills,

9. portable ventilation fans to assist clearing residual gas,

10. sand/soil to isolate and/or control the flow of contaminated water run-off,

11. waste management equipment or arrangements,

12. respiratory and skin protection, and

10

13. communication equipment.

Assessment shall be conducted on all ammonia receiving, handling, storage and distribution functions, facilities and methods where applicable.

2.4.5 Developing a timetable and list of actions: The consultant will be required to set a timetable plan that takes into consideration the required actions that need to be taken by JPMC and other users like emptying the ammonia tanks if required.

2.5 Development and submission of confidential report, assessment reports, and inspection results reports.

The consultant should prepare a confidential comprehensive assessment report that includes the inspection forms, results of the various tests conducted, photographs, and a list of recommendations and required actions, tools, …etc. 2.6 New Ammonia Storage Tanks Project.

The above consultancy services shall include also the new Ammonia storage tanks project, which will performed and owned by Arab Fertilizers and Chemicals Industries (KEMAPCO). This project has been preliminary approved by authorities and now on design and consultancy stage, the selected consultant shall include this project in his scope of work to make a comprehensive study according to above requirements including the risk increase resulting from this project and influence of this project on existing Ammonia tanks and lines.

11

3 SCHEDULE AND DELIVERABLES

3.1 Schedule

It is expected that the tasks shall be concluded, and final reports and deliverables are handed over within 8 weeks from the date of commencement. The consultant is to schedule parallel undertaking of the services where possible and to reflect this in the consultant proposed time schedule.

3.2 Deliverables

Deliverables shall comprise all documents, drawings, specifications, calculations, photographs and reports prepared by the consultant. List of deliverables must be included in Consultants’ proposal for the undertaking of the Services. Deliverables will include weekly progress reports on the consultant’s activities.

All deliverables shall be submitted to ADC in three hard copies with the electronic digital files on a storage device. 3.3 Permits Required Security, governmental authorities and customs may require approvals permits for instruments and inspections and that may delays some scope of works to add to their assessments. Acquiring such permits is the responsibility of the consultant, however ASEZA and ADC will provide letters as may be deemed necessary.

12

4 PROPOSALS

4.1 General

Proposals shall be in the English language.

The Proposal submission shall be in the form of three envelopes as defined

hereafter:

Envelope 1 is the BID Bond for a value of 5,000 JOD and in the form

provided as attachment B of this RFP,

envelope 2 is the Technical Proposal (no price information shall be provided

in this envelope) one original and three copies along with the soft copy,

and envelope 3 is the Financial proposal one original and three copies along

with the soft copy.

The proposals shall be valid for 180 days from the deadline for bid submission.

Any information additional to the primary requirements of this RFP that are

considered necessary shall be provided in a SEPARATE section of the proposal with

appropriate referencing.

The consultants shall bear all costs associated with the preparation and submission

of their respective proposals and GTD will in no case be responsible or liable for

those costs, regardless of the conduct or outcome of the tendering process.

GTD will not be responsible for lost and/or undelivered documents sent by mail,

FedEx or similar means.

4.2 Technical proposal

The Technical Proposal is to be submitted in the format outlined below.

4.2.1 Table of Contents:

There must be a table of contents outlining the sections and sub-sections in the proposal including supporting documents and literature.

13

4.2.2 Cover Letter

The cover letter must include the following:

Company name, address, telephone number, fax number and e-mail address.

Name of person(s) who will be the principle contact authorized to make

commitments for the consultants providing an evidence of such authorization such

as POA.

Statement declaring the accuracy and completeness of ALL information provided in

the RFP including commitments and compliance of conditions and terms by the

consultants.

4.2.3 Executive Summary

This section will present a high-level synopsis of the firm’s responses to the RFP.

The executive summary should be a brief overview of the engagement and should

identify the main features and benefits of the proposed work.

4.2.4 Approach and Method Statement

The consultants are requested to re-state their understanding of the scope and design philosophy regarding the assignment, and the approach they will take to meet ADC’s assignment needs. A detailed outline of the anticipated scope of services, methodology, and deliverables.

Proposed products and services, technology choices (if any) and recommendations should be made and illustrated in this section, as appropriate, as well as highlighting other tasks the consultants deem necessary to guarantee successful implementation of the assignment.

Technical method statement must be comprehensive identifying and describing in detail the scope of work required to achieve the stated objectives and details of the activities to be carried out addressing assessments, inspections, analysis and equipment / tools.

4.2.5 Project Plan and time schedule

The consultants must prepare a Project Plan describing, among others, the methods, and human and material resources that the consultants propose to employ in the design, management, coordination, and execution of all their responsibilities as well as the estimated duration and completion date for each major activity starting from the WORK start date, up to the final project completion. The project plan must also address the project milestones and the type of documentation/ reports.

The Consultant must prepare an implementation time schedule should be included developed using MS project or Primavera. The time schedule must be of level 3 schedule identifying the individual tasks and sub-tasks, their linkages and the dates

14

for submission of deliverables. Also the Consultant must identify areas of parallel implementation. The schedule must be realistic, achievable and logical.

Consultants are encouraged to deliver a time schedule for less than the required project duration of 8 weeks. A bonus mark of +2 marks may be applied for each week less.

4.2.6 Deliverables

The consultants must also prepare a list of major components and a schedule showing specific dates of delivery.

4.2.7 Capability Statement

a) Company Profile

Consultants are required to supply ASEZA with a brief on their respective organization and its profile.

b) Track Record and experience

Consultants are required to include their track record of undertaking similar projects both in size and nature, whether regionally and internationally, and references of suitable clients with contacts expressing their solid experience in the relevant areas.

The provided details on previous conducted projects must be of sufficient level of details provided name, location, value and scope of project.

The Consultants shall submit with their proposal only directly relevant project experience in similar initiatives. In particular the Consultant shall provide specific reference to relevant design work carried out on similar work projects. The consultant must provide performance certificates of said projects.

c. Project Team

Consultants should provide a Team organization with an organogram showing the team structure, management, specialists and support personnel and their responsibilities

Consultants should provide a description of the professional staff (consultants) available for the assignment and providing a brief description of each member’s capabilities and relevant experience (all detailed CV’s should be included in an Appendix). The main Key staff members are the project manager, the chemical Engineer and the mechanical engineer beside other members whose presence is deemed

15

necessary. All should be experienced in industrial field and the Mechanical Engineer must be certified, licensed in the matter compliant with the project requirement. Key staff members shall be in full service to this project onsite mostly to ensure meeting the project time and quality requirements. The winning Bidder is not allowed to change any of the proposed staff included in the Technical Proposal at the stage of undertaking of the works, unless with prior approval from ADC.

4.3 Financial proposal

4.3.1 Fee basis

Fee proposals are required to provide lump sums for all stages of the consultancy

services, with a breakdown of the planned specialist and support personnel effort,

both for expatriate and Jordanian staff, expressed in days input, daily rate and

expenses.

A contingency reserved amount for JOD 70,000 shall be added to the proposed LOE

and Expenses lump sum amount. This amount is for the sole use of ADC and under

its sole discretion in case of any additional out of scope required services.

Rates and prices are to be quoted as presented in section 5.3.2 hereunder. All rates

to be in Jordanian Dinars (JD) only, neither GTD nor ADC will accept any other

currencies.

4.3.2 Financial Proposal:

The Financial Proposal is to be submitted in the format outlined below.

4.3.2.1 Table of Contents

There must be a table of contents outlining the sections and sub-sections in the proposal including supporting documents and literature.

4.3.2.2 Cover Letter

The cover letter must include the following:

Company name, address, telephone number, fax number and e-mail address.

Name of person(s) who will be the principle contact authorized to make commitments for the consultants.

Statement declaring the accuracy and completeness of ALL information provided in the RFP including commitments and compliance of conditions and terms by the consultants.

16

4.3.2.3 Fees

The Financial Proposal should clearly state all costs chargeable for the assignment detailed by project tasks including all professional fees (including daily rates and level of effort (LOE) of consultants per task), taxes, and estimated expenses.

The costs should also include a billings schedule according to the key milestones of the assignment.

The consultant shall submit his financial proposal in the format given below. GTD

reserves the right to reject any financial proposal which is not submitted in the

correct format.

Remuneration of the consultant for the performance of the various services under

the consultancy agreement shall be the following lump sum price breakdown:

Item Description Unit Quantity Rate (JD) Amount (JD)

1.1 Staff

1.1.1 Project Manager days

1.1.2 Head office support Sum

1.1.3 **

1.2 Expenses

1.2.1 Transportation to Aqaba No.

1.2.2 Accommodation in Aqaba days

1.2.3 Local travel No.

1.2.4 Printing & documents Sum --- ---

1.2.5 **

TOTAL LUMP SUM FEE for services: JD

Contingency JD 70,000

Final Lump Sum price JD

** Consultant shall insert any other fees or expenses required to fulfil the project objectives of ADC

The quoted man month rates shall include for all accommodation, travel and out-of-pocket

expenses and other costs in addition all to all local and international taxes and fees.

4.3.2.4 Terms

The consultant must provide any financial terms that are related to the financial proposal.

4.3.3 Additional work Where any additional work is required, payment will be made at the agreed rates for all actual input with reimbursement of out-of-pocket expenses at cost. The consultant shall submit within the financial proposal the below fee table to be used in case of any additional design works to be handle, such design works shall be consider under the design works contingency item as shown in the fee summary item 5.3.4. The quoted rates must be valid for 24 months from the date of award for all required staff in addition if the additional inserted staff members in the pricing schedules provided in item no. 5.3.2.

17

4.4 Bid Bond:

4.4.1 As part of its Proposal, Bidders shall provide a bid bond issued in favor of the Director General of the Government Tenders Department in the form of attachment B in all material respects and in any event in a form satisfactory to GTD (the Bid Bond ) at its sole discretion.

4.4.2 The Bid Bond shall be furnished to GTD as unconditional and irrevocable security for the Bidder’s performance of the conditions of this RFP and its timely participation in this RFP process generally. The Bid Bond shall be in the amount of five thousand Jordanian Dinars (JD 5,000). The Bid Bond shall be issued by a recognized bank domiciled or licensed to conduct business in the Hashemite Kingdom of Jordan and acceptable to GTD. It is advisable for a Bidder to seek confirmation from GTD in advance of the deadline for submission of the Bid Bond as to the acceptability of the proposed issuing bank.

4.4.3 Each Bidder’s Bid Bond shall be procured and maintained at each Bidder’s sole cost and expense and shall be valid from the date that it is issued until the earlier of: (i) the receipt of the Performance Bond that is acceptable to GTD; (ii) the date GTD inform the Bidder in writing that its Proposal has been unsuccessful; or (iii) the date falling one hundred and fifty (180) days after the Submission Date (the Expiry Date ).

4.4.4 The Bid Bond shall be forfeited, and GTD shall have the immediate right to call for payment under the Bid Bond, in the following circumstances:

a) where a Bidder, or consortium member of a Bidder, withdraws from the Project

prior to the execution of the Services Agreement;

b) where a Bidder, having been selected as the Preferred Bidder under this RFP,

fails to execute the Services Agreement within ten (10) Business Days of receiving notice of its successful nomination as Preferred Bidder;

c) where a Bidder, having been selected as the Preferred Bidder under this RFP, executes the Services Agreement but fails to satisfy the conditions precedent for the effectiveness of the Services Agreement in accordance with the terms of the Services Agreement;

d) if, prior to the issue of the notice to proceed under the Services Agreement, the Bid Bond is about to expire at a time when it is required to be maintained and the Bidder has not renewed or replaced the Bid Bond and provided such

# Position Daily rate

1

2

18

renewed or replaced Bid Bond to GTD by the date falling ten (10) Business Days prior to the then expiry date of such Bid Bond; or

e) if a Bidder or consortium becomes insolvent or has any insolvency or similar proceedings commenced against it.

4.5 Performance Bond:

4.5.1 Upon awarding Contract and prior to signing the agreement, Consultant shall provide a performance bond issued in favor of ADC in the form of attachment C in all material respects and in any event in a form satisfactory to ADC (the performance Bond) at its sole discretion.

4.5.2 The Performance Bond shall be furnished to ADC as unconditional and irrevocable security

for the Bidder’s performance during execution of the services in accordance with the conditions of this RFP. The Performance Bond shall be in the amount equal to 10% of proposed lump sum price. The Performance Bond shall be issued by a recognized bank domiciled or licensed to conduct business in the Hashemite Kingdom of Jordan and acceptable to ADC. It is advisable for a Bidder to seek confirmation from ADC in advance of the deadline for submission of the Bid Bond as to the acceptability of the proposed issuing bank.

4.5.3 The Performance Bond shall be procured and maintained at Consultant’s sole cost and expense and shall be valid from the date of its issuance and shall remain valid with respect to any Demand Notice that is given before the date of expiry of the Defects Notification Period as prescribed under the Contract (the Expiry Date).

4.5.4 The Performance Bond shall be forfeited, and ADC shall have the immediate right to call for

payment under the Performance Bond in accordance with terms and conditions of contract.

19

5 SUBMISSION & EVALUATION OF PROPOSALS

5.1 Submission of proposals

Consultant’s proposals must be received by GTD at the address below not later than the date and time for submission of proposals given in the letter of invitation. Proposals shall be submitted in one (1) original and three (3) copies with a digital electronic version of the technical and financial proposals on separate CDs and delivered to the following address against a receipt:

Confidential/ Tender Documents for Central Tender No …/2020 for Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation Project H.E Mahmoud Hashim Khliefat Director General Government Tenders Department Ministry of Public Works and Housing 2nd Floor 8th Circle / King Abdullah II Street Amman – Jordan Tel. : 00 962 6 585 8311, 312, 313. Fax : 00 962 6 585 75 83 and 00 962 6 585 76 39 P.O Box: 1220 Amman 11118 Jordan E- mail : [email protected] Website: www.gtd.gov.jo The outer envelope/packaging shall bear the following identification: Bidder’s name Attn. the Chairman of the Specialized Central Procurement Committees Confidential/ Tender Documents for Central Tender No …/2020 for Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation Project NOT TO BE OPENED BEFORE (enter time and date for Tender opening). The consultant’s technical and financial proposals shall be submitted in separate sealed envelopes enclosed within the outer envelope/packaging and indicating the name and address of the consultant and labeled as follows:

Technical Proposal for Central Tender No …/2020 for Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation Project

Financial Proposal for Central Tender No …/2020 for Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation Project


http://www.gtd.gov.jo/

20

Bid bond for Central Tender No …/2020 for Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation Project

GTD shall have no responsibility or liability whatsoever for the misplacement, delayed delivery or non-delivery of any Proposal. Proposals must be received by GTD at the provided address provided no later than the required time on the Submission Date. Any Proposal received after this time may be rejected by GTD at its sole discretion and, in such event, will be returned unopened to the Bidder. Technical Proposals will be publicly opened in the presence of the bidders or their representatives who choose to attend at the address above at 1:00 pm the same day (the submission date) or follow up the opening session directly transmitted live (audio and video) on GTD official website shown above. The Financial Proposal shall remain sealed and securely stored in accordance with the Bid requirement.

5.2 Evaluation of proposals

All responses to this RFP will be evaluated technically and financially and the winning proposal will be selected on the basis of “best value” in terms of technical superiority as well as cost effectiveness. The Proposals shall be reviewed and evaluated in accordance with the following procedure. The bidders' proposals shall be thoroughly evaluated according to the following evaluation elements in addition to the scoring system, which will identify point-based evaluation of consultants. The overall evaluation conclusions are based on the following elements illustrated in table below:

The consultant’s technical proposal must include the following items which will be evaluated according to the following weighting system:

Item Description Weighting

1 Approach and method statement: The extent to which

consultants' proposed solution fulfills the stated requirements as

set out in this RFP.

30

2 Experience: An assessment of the consultants' ability to deliver the

indicated service in accordance with the specifications set out in this RFP.

Experience Minimum 3 projects

27

3 Firm stability, experiences, and record of past performance in delivering

such services. Performance certificate minimum 3 certificates 3

4 Availability of highly competent professional staff with the 25

21

Item Description Weighting

required skills and experience for the specific approach proposed.

(Team structure and CVs of key staff members)

5 Timeframe needed by the consultant for project completion. (+2

marks bonus for each week less) 10

6 Improvements to scope of works 5

Total 100

The qualifications of Consultant and the contractual basis of the consultant shall be identified in the proposal. Item 1: Approach and method statement

We expect the proposal to include a detailed Scope of work, methodology and deliverables, and Any

Recommendations if any and highlighting other tasks the consultants find it necessary to guarantee

successful implementation of the assignment.

Item Criteria Score

Technical method

statements

Sufficient level of details 5

Logical and achievable 5

Addressing tools and equipment 5

Addressing list of deliverables for each stage / task 5

Addressing applicable standards and well known procedures 5

Compliance with time schedule and resource schedule 5

Total / Max Score 30

Item 2: Experience

Item Criteria Score

3 projects 27

2 projects 18

1 project 9

No experience 0


Item 3: Performance certificates

Item Criteria Score

Performance certificates 3 performance certificates 3

2 performance certificates 2

1 performance certificates 1

Total / Max Score 3

Item 4: Staff (25 Marks)

4.1 Team Structure (5 Marks):

Consultants should provide a Team organization with an organogram showing the team structure, management, specialists and support personnel and their responsibilities

4.2 CV (20 Marks):

22

I

Item 5: Project planning & detailed time schedule (10 Marks)

Item Criteria Score

Project planning &

Detailed time

schedule

Compliance with program protocol (MS project or ) 3

Activates breakdown (level 3) 2

compliance with expected durations for each Stage Y/N

Activities over lapping and duration minimization 3

Schedule compatibility with project staff 2


(+2 marks bonus for each week less)

Item 6: Improvements to scope of works (5 Marks) This item covers any improvements that the consultant can offer (without affect the final price of the financial proposal) based on the consultant experience in similar projects.

5.3 Compliance

5.4.1 GTD through Technical procurement Committee (TPC) will initially examine each

Proposal to determine whether it is complete, meets the criteria of this RFP and if it is generally in order and to GTD / ADC’s satisfaction. Any Proposal found to be incomplete or otherwise not meeting the required criteria set out in this RFP may be rejected by GTD (in its absolute discretion) and not included for further consideration.

5.4.2 Where GTD deems it desirable or necessary, it may request at any time during and/or

post the Proposals evaluation process through the Specialized central Procurement Committee, supplementary information and/or clarification from each Bidder to determine its eligibility for qualification and other relevant matters. Whenever such a request is made, the Bidder shall provide the supplementary information documentation, confirmations and/or clarification to GTD by such date as may be

Item

Criteria Score

1 Project Manager

15 years overall experience ( -1 M for each year less) not less than 11 years

4

3 significant related projects or more (– 2 M for each project less) 6


2 Chemical Engineer


3


Total / Max Score 5

3 Mechanical Engineer


3


Total / Max Score 5

23

specified by GTD in the request for further information, documentation and/or clarification.

5.4.3 Bidders should note that neither GTD / ADC nor its employees, agents, representatives,

advisors or consultants are under any obligation to inform Bidders of errors or omissions in their Proposals or correct such errors or omissions on their behalf.

5.5 Award criteria

GTD will evaluate the technical proposals of all consultants and assign a mark out of a total of 100. Consultants that score a mark below 65 will be disqualified and their financial proposal will not be opened. The consultant’s technical mark (T) will be calculated as follows:

𝑇 =Consultant’s marks

Highest consultant’s mark X 80%

The consultant’s financial mark (F) will be calculated as follows:

𝐹 =Lowest consultant’s fee

Consultant’s fees X 20%

Any obligation not included in the fee proposal may be priced by Technical Procurement Committee (TPC) and this price used for adjudication purposes. The consultant’s final marks (M) will be the sum of the technical and financial marks (i.e. M = T + F). The consultant with the highest final score will be contacted regarding its selection and will be invited to negotiate a contract with GTD / ADC.

5.6 Amendments to timetable and tender cancellation

GTD reserves the right, at its sole discretion and without prior notice, to extend the deadline for submission of proposals or any other schedules related to this tender or to cancel the tender outright. In any such case, all rights and obligations of GTD and the bidders are thereafter subject to the deadlines as extended. Furthermore, the bidder shall not rely in any way whatsoever on the estimated time schedules contained in this RFP, and GTD shall not incur any liability whatsoever arising out of any changes to the time schedules stated herein.

5.7 Acceptance/rejection of tenders

GTD reserves the right to accept or reject any proposal, and to annul the tender process and reject all proposals, at any time prior to award of a contract, without thereby incurring any liability to the affected bidder or any obligation to inform the affected bidder of the grounds for GTD's action. GTD is not bound to accept the lowest or any proposal/offer made.

24

Information relating to the examination, clarification, evaluation and comparison of proposals and recommendations for the award of a contract shall not be disclosed to consultants or any other persons not concerned with such process. Any efforts by a consultant to influence GTD’s evaluation of proposals or award decision may result in the rejection of his proposal.

5.8 Clarification of proposals

To assist in the examination, evaluation and comparison of proposals, GTD may, at its discretion, ask any consultant for clarification of its proposals, including breakdowns of lump-sum prices and analyses of unit rates. The request for clarification and the response shall be in writing but no change in the price or substance of the proposal/bid shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by GTD in the evaluation of the bids. 5.9 Terms and Conditions 5.9.1 General Terms and Conditions 5.9.1.1 The bidders are required to comply with all the instructions, procedures, terms and

conditions described in this document. Failure to do so may cause the proposal to be disqualified and rejected and Government procurement bylaw no. 28 and its regulations.

5.9.1.2 Bidders must provide all requisite information under this RFP and clearly and concisely

respond to all points set out in this RFP. Answers shall be provided to specific questions in a clear and precise manner and must refer, where appropriate, to the page or paragraph number in supporting manuals, documentation or brochures. Any proposal, which does not fully and comprehensively address this RFP, may be rejected. However, unnecessary elaborate brochures or other presentations beyond that deemed sufficient to present complete and effective proposals are not encouraged.

5.9.1.3 Where the bidders are unwilling to accept certain conditions of the RFP specifications,

this non-acceptance must be clearly stated in the proposal. 5.9.1.4 This is a RFP document only, and in no way obligates GTD / ADC to award any contract.

This solicitation is subject to the detailed Terms of Contract and the resultant award will be governed by these specific Terms of Contract detailed hereto.

5.9.1.5 GTD / ADC reserves the right to amend or delete any part of this RFP or any document

forming part of this RFP at any time without prior notice in order to give effect to any change in policy or to correct any error, omission, ambiguity or inconsistency that may arise after the issuance of this RFP. In the event of any amendments to this RFP document, all bidders will be notified accordingly.

5.9.1.6 ADC reserves the right to approve each member of the project team and the right to

approve the replacement of any project team member (including subcontractors).

25

5.9.1.7 Following submission of the proposals and their final evaluation, GTD / ADC reserves the right to retain unsuccessful proposals and all related attachments. It is the responsibility of the bidders to identify any information of a confidential or proprietary nature contained in its proposal so that it may be handled accordingly.

5.9.1.8 Bidders must adhere strictly to all requirements of this RFP. No changes, substitutions

or other alterations to the technical specifications of requirement stipulated in this Request for proposals document will be accepted unless approved in writing by GTD / ADC.

5.9.1.9 This RFP contains no contractual proposal of any kind; any proposal submitted will be

regarded as a proposal by the bidders and not as an acceptance by the bidders of any proposal by GTD / ADC. No contractual relationship will exist except pursuant to a written contract document signed by the authorized procurement official of ADC (that is the Chief Executive Officer) and by the successful bidders chosen by GTD / ADC.

5.9.1.10 At the completion of the assignment, bidders shall provide ADC with two hard copies

and a soft copy of each of the completed deliverables. Deliverables shall be submitted in English Language, with an executive summary in both English and Arabic languages; where soft copies are to be submitted in word format, integrating -where needed- both excel sheets and graphs.

5.9.2 Financial Terms and Conditions 5. 9.2.1 All prices should be quoted in Jordanian Dinars. 5. 9.2.2 The price quotes shall be inclusive of all tax (such as sales tax/VAT tax), duty and any other Governmental taxes. Such taxes should be itemized separately and included in the financial offer. 5. 9.2.3 Upon the selection of the bidders, a fixed price contract consistent with the proposal submitted and this RFP will be established. 5. 9.2.4 Prices shall be final and not subject to revision from the time of entering into force of the contract until the end of contractual obligations. 5. 9.2.5 Price quotes shall include any necessary service to be provided by the selected bidders (even if such services are not expressly enumerated) in order to ensure a satisfactory fulfilment of the contract, as well as any other expenses incurred by the selected bidders, e.g. travel, accommodation, daily subsistence, telecommunication, postal charges. 5. 9.2.6 The proposal shall be signed by the bidders (a person or persons) duly authorized to bind the bidders to the contract. The latter authorization shall be indicated by dully legalized power of attorney. All of the pages of the proposal shall be initialed by the person or persons signing the proposal.

26

5. 9.2.7 In no case may the selected bidders invoke a hiatus or an oversight in the description of the work components in the tender documents or claim inadequate explanations for seeking any price increase or any release from contractual liabilities.

5. 9.3 Legal Terms and Conditions 5. 9.3.1. All aspects of this RFP through and including any contracts that may result shall be

governed by the laws of the Hashemite Kingdom of Jordan (HKJ). 5. 9.3.2. Bidders shall not submit alternative proposal(s). Alternative proposals will be returned

unopened or unread. If the bidders submit more than one proposal with no clear identification on the sealed envelope(s), the entire submission will be returned to the bidder and the bidder will be disqualified.

5. 9.3.3. GTD will reject a proposal for award if it determines that the bidders have engaged in

corrupt or fraudulent practices in competing for the contract in question. 5. 9.3.4. The proposal shall remain open and valid for a period of at least 180 days from the

designated closing date indicated for receipt of proposals in the RFP subject for extensions as may be requested by GTD in writing. It must be stated in submitted proposal that it will remain valid for this period. Once a proposal is accepted during this period, the price quoted in the proposal must remain unchanged for the entire period of the resulting contract unless otherwise specified in this RFP.

5. 9.3.5. GTD may solicit bidders' consent to an extension of the proposal validity period. The

request and responses therefore shall be made in writing or by email. If bidders agree to prolong the period of validity, the proposal validity shall also be suitably extended.

5. 9.3.6. GTD reserves the right to cancel/withdraw this RFP without providing reasons and with

no legal or financial implications to GTD / ADC. 5. 9.3.7. GTD reserves the right to disregard any proposal which is not submitted in writing by

the closing date of the RFP. An electronic version of the Technical Proposal will only be accepted if a written version has also been submitted by the closing date.

5. 9.3.8. GTD reserves the right to disregard any proposal which does not contain the required

number of proposal copies as specified in this RFP. 5. 9.3.9. In case of discrepancies between the hardcopy and the softcopy of the proposals, the

hardcopy will be considered the official copy. 5. 9.3.10. ADC reserves the right to enforce penalties on the winning bidders in case of

any delay in delivery defined in accordance with the terms set in the signed contract. 5. 9.3.11. GTD / ADC takes no responsibility for the costs of preparing any proposals and

will not reimburse any bidders for the cost of preparing their proposal whether successful or otherwise.

27

5. 9.3.12. Bidders are responsible for the accuracy of information submitted in their proposals. GTD / ADC reserves the right to request additional original copies of any relevant documents submitted for review and authentication prior to awarding the contract.

5. 9.3.13. The bidders may modify or withdraw its proposal after submission, provided

that written notice of the modification or withdrawal is received by GTD prior to the deadline set for proposal submission.

5. 9.3.14. A withdrawal notice may also be sent by email, but it must be followed by a

signed confirmation copy, postmarked no later than the deadline for submission of proposals.

5. 9.3.15. The notice of withdrawal shall be addressed to GTD at the address in this RFP,

and bear the contract reference. 5. 9.3.16. No bidders shall contact GTD / ADC or their employees on any matter relating

to this proposal after the official closing date and to the time the contract is awarded. Any effort by bidders to influence GTD / ADC and its employees, in the proposal evaluation, proposal comparison, or contract award decision will result in rejection of the bidders' proposal.

5. 9.3.17. If at any point of time within the duration of the assignment, the bidders fail to

meet the requirements of this RFP, ADC has the right to withdraw the assignment and all related payments as well as penalize the bidders for such contract requirements breaches by as much as ADC sees appropriate.

5. 9.3.18. ADC reserves the right to the full use of the project's deliverables which are

therefore considered copyrighted and ADC 's intellectual property. 5. 9.3.19. This Request for Proposals shall be incorporated in any contract resulting from

it and shall form a part of the contract document. 5.10 Negotiation 5.10.1. Prior to the expiration of the validity of the proposal, GTD shall notify the successful

company that submitted the highest scoring proposal in writing and will invite for contract negotiations. GTD reserves the right to invite the second ranking company for parallel negotiations.

5.10.2. Negotiations will normally take from three to five days. The aim is to reach agreement

on all points as defined in this document and to finalize a draft contract by the conclusion of negotiations to be reviewed and signed by both parties. Upon failure to reach agreement on the contents of the contract as stipulated in this document, GTD has the right to terminate the negotiations and invite the next best rated company for negotiations

28

ATTACHMENT A FORM OF BIDDER’S COMMITMENT LETTER Date: ..................................................... Government Tenders Department Ministry of Public Works and Housing 2nd Floor 8th Circle / King Abdullah II Street Amman – Jordan Tel. : 00 962 6 585 8311, 312, 313. Fax : 00 962 6 585 75 83 and 00 962 6 585 76 39 P.O Box: 1220 Amman 11118 Jordan E- mail : [email protected]

Attention : H.E Mahmoud Hashim Khliefat - Director General of the Specialized Central Procurement Committees /the Director General of the Government Tenders Department Re: With respect to the above, we kindly advise as follows:


29

We have read the Request for Proposals and confirm that we have received all pages of the same, including all attachments. By submission of our proposal, we submit a binding offer to undertake the consultancy services in accordance with the said proposal, including but not limited to the terms and conditions proposed in our proposal. By submission of our proposal, we submit a binding offer to provide the resources identified in our proposal or, with GTD’s prior written consent, equivalent or superior resources, to execute our proposal and otherwise carry out each and every obligation therein. We acknowledge that the award of the consultancy services involves the exercise of discretion and judgment by GTD. We agree to abide by any decision taken by GTD in the award of the contract and waive every right, if any, to make any claim or demand or otherwise take any action against GTD in relation to any such decision. DULY AUTHORIZED Name: ..................................................................................................... Title: ........................................................................................................ Organization: ...........................................................................................

ATTACHMENT B

FORM OF BID BOND Bid Bond No.: .......................................

In accordance with the terms of the Request for Proposal issued by you and dated [ ] ( RFP ), our

client [insert name and registered office details of the Bidder] (the Bidder ) is obligated to provide to

you a bond as security for the performance of its obligations under the RFP (this Bond ) in the

amount of five thousand Jordanian Dinars (JD 5,000) (the Bond Amount ).

We, [insert name of the Issuing Bank] hereby irrevocably and unconditionally undertake that,

immediately upon and in any event within five (5) Business Days of receipt of your written notice (a

Demand Notice ) sent to us stating that you have become entitled to make a demand under this

Bond in accordance with Section 5.4 of the RFP, we shall, on one or more occasions and

notwithstanding any objection of any kind whatsoever which may be made by the Bidder,

immediately pay to you or as you may direct such an amount as you may, in such Demand Notice,

require, provided that such an amount does not exceed (when aggregated with any such amount(s)

previously paid by us to you under this Bond) the Bond Amount.

This Bond shall be valid from the date above until the later of: (i) execution of the Services

Agreement by you and such Bidder and the receipt of the Performance Bond that is acceptable to

you; (ii) the date you inform the Bidder in writing that its Proposal has been unsuccessful; or (iii) the

date falling one hundred and eighty (180) days after the Submission Date (the Expiry Date).

30

This Bond shall not be valid with respect to any Demand Notice given after the Expiry Date. When

the validity of this Bond has expired, it must be returned to us for cancellation, but we shall be

released from any further obligation under this Bond even if, in breach of this provision, that return

has not taken place. Such release will be without prejudice to any liability under this Bond which

arose prior to the Expiry Date and in respect of which a Demand Notice has been received by us prior

to the Expiry Date.

Any payment by us under this Bond shall be in immediately available and freely transferable

Jordanian Dinars.

Our obligations under this Bond constitute irrevocable and unconditional obligation, and shall not

require any previous notice to or claim against the Bidder and shall not be discharged or otherwise

prejudiced or adversely affected by any alteration to the terms of the RFP, nor by the insolvency,

bankruptcy, winding-up or reorganization of the Bidder or by any dispute or disagreement

whatsoever between the Bidder and you under or in relation to the RFP.

Any Demand Notice under this Bond shall be deemed to be duly given when delivered to us (in the case of personal delivery) or forty-eight (48) hours after being dispatched by prepaid registered post or recorded delivery (in the case of letter). This Bond shall be governed by and construed in accordance with the laws of the Hashemite

Kingdom of Jordan.

[Insert title and name of bank signatory]

ATTACHMENT C Performance Bond

Under the procurement terms and regulations, the successful bidder is obliged to submit a performance bond of 10% of the agreement value post awarding and prior signing the service agreement. Below is the wording of the performance bond to be considered in case of awarding.

FORM OF PERFORMANCE BOND [On headed notepaper of the bank]

Aqaba Development Corporation P.O. Box: 2680 Aqaba 77110 Jordan Date: .. Performance Bond No. [. .] Dear Sirs

31

Our client [the Contractor], has entered into an agreement with you dated .., [the Contract] for [the Project] as further described in the Contract. Under the Contract, the Contractor is obligated to provide you with a bond as security for the performance of its obligations under the Contract (Performance Bond) in the amount of [Insert in words, 10% of Contract Price] (JOD [Insert in numbers, 10% of Contract Price]) the Bond Amount ). We, [insert name of the Issuing Bank] hereby irrevocably and unconditionally undertake that, immediately upon and in any event within five (5) Business Days of receipt of your written notice (a Demand Notice), we shall, on one or more occasions and notwithstanding any objection of any kind whatsoever which may be made by the Contractor, immediately pay to you or to whom as you may direct such an amount as you may, in such Demand Notice, require provided that such an amount does not exceed (when aggregated with any such amount(s) previously paid by us to you under this Bond) the Bond Amount. Any such Demand Notice shall be conclusive evidence that the sum stated in such Demand Notice is properly due and payable by us under this Bond. We agree and acknowledge that we shall have no right and shall not be under any duty or responsibility to enquire into the reason or circumstances of any demand made by you, the respective rights and/or obligations and/or liabilities of you and the Contractor under the Contract, the authenticity of any written demand made by you or the authority of the persons signing any such written demand. This Performance Bond shall be valid from the date above and shall remain valid with respect to any Demand Notice that is given before the date of expiry of the Defects Notification Period as prescribed under the Contract (the Expiry Date). This Performance Bond shall not be valid with respect to any Demand Notice given after the Expiry Date. When the validity of this Performance Bond has expired, it must be returned to us for cancellation, but we shall be released from any further obligation under this Performance Bond even if that return has not taken place. Such release will be without prejudice to any liability under this Performance Bond which arose prior to the Expiry Date. Any payment by us under this Performance Bond shall be in immediately available and freely transferable Jordanian Dinars free and clear of and without any withholding or deduction for or on account of any present or future taxes, levies, imposts, duties, charges, fees, set off, counterclaims, deductions or withholdings of any nature whatsoever and howsoever arising, and by whomsoever imposed. Our obligations under this Performance Bond constitute direct primary, irrevocable and unconditional obligations, shall not require any previous notice to or claim against the Contractor and shall not be discharged or otherwise prejudiced or adversely affected by any alteration to the terms of the Contract made by agreement between you and the Contractor or any alteration in the extent or nature of the Works to be carried out under the Contract, and nor shall our obligations under this Performance Bond be affected or

32

discharged by any time being given to the Contractor or by any invalidity or unenforceability of the Contract or by the insolvency, bankruptcy, winding-up or reorganization of the Contractor or by any dispute or disagreement whatsoever between the Contractor and you under or in relation to the Contract. Any Demand Notice under this Performance Bond shall be deemed to be duly given when delivered to us (in the case of personal delivery) or forty-eight (48) hours after being dispatched by prepaid courier, registered post or recorded delivery (in the case of letter). This Performance Bond shall be governed by and construed in accordance with the laws of the Kingdom of Jordan. Yours faithfully, Authorized Signature and Stamp of Bank

ATTACHMENT D GENERAL INFORMATION ABOUT THE BIDDER

Each Bidder shall provide the following information in the format below and must be submitted upon receiving invitation correspondence to the address provided in it.

1. Name of the Bidder:

2. Contact details:

Registered address

Telephone

Facsimile

Email

Website

Jordanian branch

address (if any) with

telephone no. and

facsimile

33

3. Contact details for the Bidder s authorized representative (Authorized Representative) who

has familiarity with all aspects of the Bidder s Proposal:

Name

Registered address

Telephone

Facsimile

Email

ATTACHMENT E

PARTICULAR CONDITIONS

A. References from Clauses in the General Conditions

1.1 Definition

1.1.2 The Project is Assessment of the safety of ammonia handling, storage tanks, distribution systems and the related manufacturing facilities operation

1.1.10 Commencement Date The date falling 7 days after signing the Agreement and receipt of the advance payment

1.1.11 Time for Completion 8 weeks starting from commencement date

1.3 Language for Communications English

1.4 Language(s) of the Agreement English

Ruling language English

Governing law Jordanian Law

34

1.8 Notices

Client’s address As per Agreement

E-mail [email protected]

[email protected]

Telephone number (+962 3) 203 9100

Facsimile number (+962 3) 209 0351

Consultant’s address As per Agreement

E-mail ( to be filled )

Telephone number (to be filled )

Facsimile number (to be filled)

5.2.2 Agreed Compensation for Overdue Payments (percent per year)

Not applicable.

6.2 Duration of Liability 10 years

Reckoned from The end of the Services.

6.3.1 Limit of Compensation

The Maximum Amount of Compensation Payable by the Consultant:

The Maximum Amount of Compensation Payable by the Client:

The total amount paid to the Consultant pursuant to Appendix 3 (Remuneration and Payment)

Total amount payable to the Consultant pursuant to Appendix 3 (Remuneration and Payment

8.2 Mediation Not applicable

8.2.1 Nominating Centre for Mediation Not applicable

8.2.3 Mediation Procedures Not applicable

8.3.2 Rules of Arbitration Jordanian Law of Arbitration No. 33

of 2001 (as amended or replaced). Seat of arbitration shall be Amman, Jordan and the proceedings and the



35

award shall be in the English language.

36

PARTICULAR CONDITIONS

B. Additional Clauses

The parties are to include in this section any variations, omissions and additions to the

General Conditions.

1.1.14 Non-applicable.

1.2.3 Replaced with the following:

If there is a conflict between provisions of the Agreement Documents, the

following documents shall be deemed to form and be read and construed as

part of this Agreement in the following order of priority:

1. This Client/Consultant Model Services Agreement, including its

appendices;

2. Particular Conditions of Contract;

3. The Letter of Award issued on …. ;

4. The Bidders’ Questions And Answers;

5. The Client’s Request for Proposal in Respect of Consultancy Services;

6. Consultant’s Proposal;

1.5 Non-applicable

1.6 Replaced with the following:

The Consultant shall not assign, charge, novate or otherwise transfer

in whole or in part any of its rights or obligations in or under the

Agreement without the prior written consent of the Client, which may

be given or withheld in its sole and absolute discretion. Any purported

assignment, charge, novation or transfer by the Consultant without the

Client’s prior written consent (which the Client may grant or withhold in its

sole and absolute discretion) shall be null and void.

The Client shall be entitled, in its sole and absolute discretion, and without

the prior consent of the Consultant, to assign (including by way of an

assignment and/or by way of security), charge, novate or otherwise

transfer its rights and/or obligations in or under this Agreement to any

person. In the event of any such assignment, charge, novation or transfer

the Consultant shall, upon the Client's request, take all such steps as may

be required to give effect to the same, provided that any such novation

shall not increase the burden of the Consultant’s obligations pursuant to

this Agreement.

37


The Client retains the design rights and other intellectual property rights

and copyright of all documents produced by the Consultant as part of the

Services.


The Consultant shall obtain the written consent of the Client before

publishing or issuing any information or disclosing to the public or media

any information of any kind regarding any aspect of the Project.

2.3 Non-applicable.

2.4 Non-applicable.

2.5 Non-applicable.

2.6 Non-applicable.

2.8 Non-applicable

3.6.1 Add the following:

The Consultant’s Representative shall be approved by the Client in writing.


4.3.1 Notwithstanding the provisions of this Agreement, the Client may at any

time by written notice to the Consultant increase, decrease, modify or

revise in any reasonable respect the scope of the Services or the manner

the time specified for the completion of the Services or sequence in which

the Services are to be performed (a Variation), including omitting services

from the scope of the Services. The Client shall require the Consultant to

carry out all necessary work to implement such modifications or revisions.

4.3.2 The Consultant shall, within fourteen (14) days of becoming aware of the

same, issue a written notice to the Client of any circumstances that have

arisen which may require an alteration to the scope of the Services to be

performed by the Consultant under this Agreement or the time specified

for the completion of the Services.

4.3.3 Within thirty (30) days of the notice referred to in clause 4.3.1, or 4.3.2 (as

the case may be), either the Client or the Consultant may by further written

notice to the other claim an equitable adjustment to the fees associated

with the Services. Any such claim shall be negotiated in good faith

between the Client and the Consultant as soon as possible following the

service of the notice. Failure by the Client or the Consultant to deliver

such further written notice within the thirty (30) days period shall be

38

deemed to be a waiver of any right to claim any adjustment to the fees

associated with the Services; provided that the said fees shall not be

increased if the Client has served the notice referred to in clause 4.3.1 or if

the Consultant has served the notice referred to in clause 4.3.2, in either

case due to or in connection with a breach of this Agreement by the

Consultant. For the purposes of this Clause (4.3.3) the Parties agree that

in case the Client has issued a written notice to the Consultant by which

the specified time frame for completion of the Services has been

extended, any adjustment of fees as a result of such time extension shall

be calculated based on the staff rates prescribed in the Technical and

Financial Proposal submitted by the Consultant in respect of the Project.

4.3.4 If under clause 4.3.1 a Variation decreases the scope of the Services or

omits Services, the Client will not be responsible for loss of profit, or any

other indirect or consequential loss but the Client will be responsible for

any reasonable costs which result directly from any demobilization of

personnel who are not required as a consequence of the decrease in the

scope of the Services or the omission of Services, in each case to be

performed by the Consultant under this Agreement. For the avoidance of

doubt, the demobilization costs envisaged under this clause 4.3.4 shall not

include any employment related payments or compensation.

4.3.5 Where the Consultant might otherwise be entitled to claim an adjustment

to the fees associated with the Services as a result of an alteration in the

definition of the Project or the time frame for the execution of the Project,

the Consultant shall not be entitled to receive such adjustment to the fees

where the increase, decrease, modification or revision is required as a

result of a minimal change, a breach of this Agreement by the Consultant

or the negligence of the Consultant.

4.6.1 The 56 day time period is amended to 14 days.

4.6.2 The 21 day and 35 day time periods are both amended to 14 days.

4.6.3(a) The 28 day time period is amended to 30 days.

5.1.2 In line 1, the term “Unless otherwise” is deleted and replaced with the term

“Where previously”.


5.2.1 The 28 day time period is amended to 30 days and such payment shall

only be due in respect of any undisputed amounts.

5.2.4 The Client’s obligation to make any payments under this Agreement is

subject to the following conditions:

39

(a) The Consultant has provided the Client with the duly executed

performance bond in the amount of JD […….] in the form approved by the

Client and issued by a Jordanian bank approved by the Client;

(b) The Consultant has provided the Client with evidence that the insurances

required under Clause 7 are in full force and effect.

5.2.5 The Client is entitled to make an appropriate deduction in respect of any

Services which have not been performed in accordance with this

Agreement and in respect of any other deductions or set-offs which it may

be entitled to make in accordance with this Agreement, provided the Client

has notified the Consultant hereof specifying the amount proposed to be

withheld and the ground for withholding payment or if there is more than

one ground each ground and the amount attributable to it.

The Consultant shall provide the Client with any documentation as the

Client may request to verify any amounts claimed as due for payment.



The Consultant shall be responsible for payment of all the taxes, fees and

duties, for which it is liable pursuant to applicable legislations in Jordan, in

connection with the Services.


The Consultant shall only be liable to pay compensation to the Client

arising out of or in connection with the Agreement if a breach by the

Consultant, to its obligations under the Agreement, is established.

6.1.3(a) Non-applicable.


6.4.1 Subject to the limitation of Consultant’s liability under clauses 6.1.1 and

6.3.1, the Consultant shall indemnify the Client against any expense,

liability, loss, claim or proceedings in respect of any loss of or injury or

damage to any property, real or personal insofar as such loss injury or

damage arises out of or in the course of or by reason of the negligent

performance of the Services hereunder and to the extent that the same is

due to any negligent breach of legal duty, omission or default of the

Consultant, its employees or agents or of any person employed or

engaged by the Consultant upon or in connection with the performance of

the said Services or any part thereof by its employees or agents.

6.4.2 The Consultant warrants that it has fully satisfied itself as to the scope and

40

nature of the Services and of its obligations under this Agreement.




If any dispute arises of out or in connection with this Agreement, the

representatives of the Parties with the authority to settle the dispute will

meet in good faith in an effort to resolve the dispute. If the Parties are

unable to agree within a period of thirty (30) days from the date on which

either Party notifies the other Party of the existence of the Dispute, then

after such thirty (30) days period the Dispute may be referred to Arbitration

in accordance with Clause 8.3.


Unless settled amicably in accordance with Clause 8.1.1, any dispute

arising out or in connection with the Agreement shall be finally settled

under the Jordanian Arbitration Law by three arbitrators appointed in

accordance with the said Law. Each Party shall appoint one arbitrator,

and these two arbitrators shall appoint the third arbitrator who shall serve

as the chairman of the arbitral tribunal. If a party does not appoint an

arbitrator within a period of fifteen (15) days after receiving notice of the

arbitration or if the two arbitrators do not agree on the third arbitrator within

a period of fifteen days (15) from the appointment of the second arbitrator,

then such third arbitrator shall be appointed by the Court of Appeal in

Central Amman Area.

The arbitration shall be conducted in English language in Amman, Jordan.

The arbitrators shall decide on the dispute by majority of the arbitral

tribunal and shall state in writing the reasons for its decision. Any

monetary award shall be denominated and payable in [Jordan Dinar]. The

award shall be final and binding on the Parties.

The costs of such arbitration shall be determined and allocated between

the Parties by the arbitral tribunal in its award.

41

APPENDICES

These Appendices form part of the Agreement.

Appendix 1 – Scope of Services

1 The scope of the Services is set forth in:

(a) section no. 2 (SCOPE OF CONSULTANCY SERVICES) and section no. 3 (SCHEDULE AND DELIVERABLES) of the Request for Proposals in respect of the Services dated ……. and as amended by Addenda no. …. dated ….;

(b) the Consultant’s Proposal dated …...

42

Appendix 2 – Remuneration and Payment

The total value of the agreement is JD …. containing the lump sum fees and provisional sums.

Terms of payment

The Client shall pay the Consultant a lump sum fixed price of JD …. (excluding the contingences and provisional sums that will be paid according to actual work done by the consultant) for full completion of the Services, which shall be, payable as follows:

JD (10 %) upon the Client’s receipt of the duly executed performance bond pursuant to clause …. of the Agreement for the same amount in the form approved by the Client and issued by a Jordanian bank approved by the Client;

JD (70 %) upon the Client’s receipt of the fully completed deliverables to the Client’s reasonable satisfaction;

Final Payment of (20 %) of the lump sum fee on submission of the final report including client comments.

The Consultant shall not invoice the Client for any other amounts unless such amounts have been discussed and agreed with the Client prior to the issuance of any related invoice.

The Consultant shall bear the cost of any bank charges or fees incurred in relation to the Client’s payment of the above amounts.

The remuneration for any Additional Services shall be calculated using the applicable staff day rates and costs submitted as part of the Consultant’s proposal dated …..

The Agreement contains a sum of JD 70,000 as a contingency that shall not be due to the Consultant unless the Client has specifically made an instruction for services and authorized the use of part or all of the Contingency for the purposes of paying for such services. Client shall pay the Consultant any amount equal of less than the said amounts based on prior writing approval form the client.

43

The Consultant shall pay all required taxes payable in relation to performed the services of this agreement, provided that, as per Clause 5. 9.2.2 of the RFP and

clause 5.4.1 of particular conditions of contract, that the Services will be inclusive of all applicable taxes.

i) Times for Payment

Within 30 days of the receipt of undisputed invoices.

ii) Method of Payment

Direct transfer to an account notified by the Consultant in writing to the

Client.

iii) Price Changes

The consultant fees and rates shall be fixed for 24 months

iv) Currency of Payment

Jordanian Dinars (JD)

Appendix 3 – Time Schedule for Services

Time Schedule for Services

To be enclosed as submitted in the proposal and amended in the negotiations.

Total Project duration = 8 weeks including client reviews.