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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 INSTRUCTIONS TO TENDERERS TABLE OF CONTENTS IT.1. Definitions

IT.2. General

IT.3. Validity of Tender

IT.4. Familiarization with Applicable Laws and Regulations

IT.5. Tender Documents

IT.6. Confidentiality Undertaking

IT.7. Site Visit and Mid-Tender Meeting

IT.8. Queries

IT.9. Tender Bulletins

IT.10. Fully Informed

IT.11. Ruling Language

IT.12. Tender Rates

IT.13. Statement of Compliance and Form of Tender

IT.14. Bank Guarantees

IT.15. No Alterations to the Tender Documents

IT.16. Submission of Tenders

IT.17. Alternative Offers

IT.18. Correction of Arithmetical and/or Other Errors

IT.19. Tender Presentations and Clarifications

IT.20. Acceptance or Rejection of Tenders and Incurred Costs

IT.21. Notification of Acceptance

IT.22. Failure to Sign the Contract

IT.23. Submission of Grievances

IT.24. Return of Tender Documents

IT.25. Public Relations

ATTACHMENTS TO INSTRUCTION TO TENDERERS: ATTACHMENT 1 CONFIDENTIALITY UNDERTAKING ATTACHMENT 2 LETTER OF ACKNOWLEDGEMENT ATTACHMENT 3 FORM OF TENDER BOND ATTACHMENT 4 STATEMENT OF COMPLIANCE ATTACHMENT 5 FORM OF TENDER

INSTRUCTIONS TO TENDERERS

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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 TENDER NO. INSTRUCTIONS TO TENDERERS

IT.1. DEFINITIONS In these Instructions To Tenderers, unless the context otherwise requires, the following terms shall have the meanings assigned to them below: Closing Date means the date and time, which is the deadline for the submission of Tenders as specified in the letter of Invitation To Tender or the Tender Advertisement, as the case may be. Instructions To Tenderers means these terms and conditions which govern the issuing, receipt, completion and submission of the Tender Documents and all stages of the Tender process. Invitation To Tender means either the Letter of Invitation To Tender or the Tender Advertisement, issued by Lusail Real Estate Development Company to invite submission of Tenders in accordance with these Instructions To Tenderer. LREDC means Lusail Real Estate Development Company established under the laws of the State of Qatar. Performance Bond means the document referred to as such and described in IT.14. Tender means a proposal by a Tenderer in response to an Invitation To Tender. Tender Bond means the document referred to as such and described in IT.14. Tender Documents means the documents provided to Tenderers by LREDC pursuant to the Invitation To Tender as listed in IT.5 herein including any subsequent Tender Bulletins or any amendments thereto. Tenderer means an entity that submits a Tender in response to an Invitation To Tender and in accordance with these Instructions To Tenderer.

IT.2. GENERAL These Instructions To Tenderers issued by LREDC outline and govern the procedures and processes to be followed for completing and submitting Tenders. Tenderer shall comply with the terms and conditions set forth in these Instructions To Tenderers while preparing its Tender. Failure to provide all of the required materials and information, or failure to comply fully with these instructions in any way may render the Tender null and void. LREDC may vary the Instructions To Tenderers at any time before or following the Closing Date by notice in writing.

These Tender Documents may not be construed in any way as an offer. Submission of a Tender does not create a contract in any way unless and until the Tender is accepted by LREDC and the parties formally execute a contract.

IT.3. VALIDITY OF TENDER The Tender shall be valid for a period of not less than ninety (90) calendar days after the Closing Date, during which period it shall remain fixed, binding, irrevocable and open for acceptance by LREDC. LREDC intends to notify all Tenderers of the results of their Tender submissions during this period. A Tender cannot be withdrawn or varied after the Closing Date except with the written prior consent of LREDC. If the Tenderer retracts or withdraws its Tender during the period of its validity without


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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894

receiving written consent of LREDC, LREDC may, at its sole discretion, without the need for summons or notice or other legal formalities:

(i) encash the Tender Bond, and

(ii) exercise any other rights stipulated in the Tender Documents or available under the law.

IT.4. FAMILIARIZATION WITH APPLICABLE LAWS AND REGULATIONS These Tender Documents are governed by the laws of the State of Qatar. Tenderer shall comply with all laws applicable to the subject matter of these Tender Documents and agrees to indemnify and hold LREDC harmless in respect of any breach of such laws.

Tenderer shall thoroughly familiarize itself with the laws applicable to the work or services forming the subject matter of these Tender Documents, particularly Qatar Labour law and laws pertaining to intellectual property, import, export or re-export, customs and taxes, as well as the Ministry of Business and Trade requirement that any company carrying out works or services in Qatar must be registered in its books. By submitting a Tender, the Tenderer is deemed to have made the necessary allowances in the prices, programme and other components in its Tender for adhering to all laws, rules, regulations and procedures applicable to the services or works whether in the State of Qatar or elsewhere.

IT.5. TENDER DOCUMENTS The Tender Documents consist of:

Part 1 Invitation To Tender Instructions to Tenderers and Attachments

Part 2

Form of Agreement. General Conditions of Contract (GCOC) Appendices to the GCOC as listed in the GCOC

Tenderer shall ensure that the Tender Documents it has received are complete and must return the Letter of Acknowledgment (Attachment 2) within five (5) calendar days of receipt. The Letter of Acknowledgment must be completed, signed and delivered by hand or transmitted by fax to the following address:

Lusail Infrastructure Projects Director Lusail Real Estate Development Company P. O. Box 23175, Doha State of Qatar

Fax Number +974 44977563 Tenderer shall notify LREDC immediately if any discrepancy, omission or ambiguity is discovered in the Tender Documents.

IT.6. CONFIDENTIALITY UNDERTAKING


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Tenderer warrants that it shall abide by the Confidentiality Undertaking (Attachment 1). Additionally, Tenderer shall keep confidential the Tender Documents and all information included therein or provided by LREDC in connection therewith. Tenderer shall ensure that its officers, employees, representatives, advisors, contractors and subcontractors do not, without the prior written consent of LREDC, disclose or use such information for any purpose other than to prepare and submit a Tender. In the event LREDC grants its written consent, Tenderer shall ensure that any disclosure is made subject to confidentiality obligations on the third party identical to those imposed on the Tenderer.

IT.7. SITE VISIT AND MID-TENDER MEETING Tenderer may, at the sole discretion of LREDC, be requested to attend a site visit and/or a mid-tender meeting to familiarize with the physical and other conditions pertaining to the work or services to be performed. LREDC shall notify the Tenderer of any site visit and/or mid-tender meeting via the issuance of a Tender bulletin. The Tenderer may designate no more than two (2) representatives to attend on its behalf and at its own cost. It is strongly recommended that the Tenderer attend any scheduled site visit and mid-tender meeting.

IT.8. QUERIES Tenderers may request LREDC to provide clarification or elaboration on the information provided in the Tender Documents. Any queries relating to the Tender Documents or the submission of Tenders must not be raised by telephone or personal contact or directed to any LREDC employee by name, but must be submitted in writing, preferably by fax, to the address given in IT.5 above only. Any violation of this instruction may render the Tenderers Tender invalid.

Any response issued will be in the form of a question and answer and will be distributed to all Tenderers without revealing the identity of the enquirer. Queries must be received at the above address or fax number only and no later than seven (7) calendar days prior to the Closing Date; any queries received thereafter shall be ignored.

IT.9. TENDER BULLETINS Any amendments, clarifications or minutes of meeting in relation to these Tender Documents will be issued as Tender bulletins and shall be sent to all Tenderers. Tenderers shall acknowledge receipt of all Tender bulletins on the Statement of Compliance (Attachment 4) and shall allow for any costs or contingencies in connection therewith in the Tender prices and programme.

IT.10. FULLY INFORMED The information provided by LREDC within or in connection with the Tender Document is provided in good faith to assist Tenderers to prepare their Tenders. LREDC does not claim or warrant that such information is exhaustive, accurate or complete. Tenderer shall not rely solely on the information provided by LREDC and, before submitting its Tender, Tenderer shall make all necessary investigations to become fully informed of the subject matter of the Tender Documents including the services to be performed.

Tenderer shall be responsible for examining with appropriate care the contents of the Tender Documents including all Tender bulletins and all technical information


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provided, shall inspect all locations relevant to the services/works to be performed, and shall carry out all investigations and examinations necessary to ascertain all conditions and requirements relevant to the full performance and completion thereof. Tenderer must satisfy itself as to the nature of the services, the local conditions that might affect its performance in any way, the risks involved and the correctness and sufficiency of the rates and prices submitted.

IT.11. RULING LANGUAGE The Tender Documents, all information, queries or clarification in connection therewith and all Tenders shall be in the English Language.

IT.12. TENDER RATES Tenderer shall submit prices and/or rates as required by the Schedule of Prices and Rates and/or the Bills of Quantities in Appendix B. All amounts are to be quoted in Qatar Riyals. Prices and rates are to be entered in indelible ink and submitted only on the Form of Tender and the Schedule of Prices and Rates and/or Bills of Quantities sheets provided in Appendix B.

IT.13. STATEMENT OF COMPLIANCE AND FORM OF TENDER Tenderer shall complete and submit the enclosed Statement of Compliance (Attachment 4) and the Form of Tender (Attachment 5), which must be signed by a person duly authorized to sign on behalf of the Tenderer. LREDC may require Tenderer to submit evidence of such authorization and Tenderer agrees to submit such evidence as may be satisfactory to LREDC upon LREDCs request. LREDC may reject any Tender submitted without the completed and signed Statement of Compliance and Form of Tender or without the evidence of authorization if required.

Tenders submitted by joint ventures shall comply with following requirements:

13.1 A copy of the joint venture agreement that has been or is intended to be entered into by partners shall accompany the Tender.

13.2 The joint venture agreement must provide the following:

13.2.1 the partners of the joint venture shall be jointly and severally liable for the Tender and, in the event of being awarded a contract by LREDC, for the execution of the contract in accordance with the terms and conditions thereof,

13.2.2 in the event that any one of the partners ceases to be a member of the joint venture or goes into liquidation, then the surviving partner(s) shall remain liable for the Tender, shall have the full obligation to carry out and complete the contract if awarded by LREDC, shall be empowered to use all necessary facilities furnished by any party in the joint venture and shall be entitled to have any subcontract assigned to it.

13.2.3 the extent of participation of each partner in the joint venture.

13.3 The Form of Tender and the Statement of Compliance shall be signed by all partners of joint venture so as to be legally jointly and severally binding on each partner of the joint venture.

IT.14. BANK GUARANTEES INSTRUCTIONS TO TENDERERS

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Tenderer must submit a Tender Bond in the form of a bank guarantee, with its Tender. The value of the Tender Bond shall be 14,000,000.00 QR (Only Fourteen Million Qatari Riyals).

The Tender Bond must be issued or endorsed by a bank operating in Qatar. Cash or cheques are not an acceptable substitute. A bank guarantee issued in respect of another tender is not acceptable. Bonds issued by insurance companies are not acceptable. The wording of the Tender Bond must be exactly in accordance with the format appended hereto (Attachment 3).

The validity of the Tender Bond must be for no less than one hundred and twenty (120) calendar days after the Closing Date. In the event that LREDC requests an extension of the Tender validity period, and the Tenderer agrees to such extension, it must revalidate its Tender Bond for the period of extension plus thirty (30) calendar days.

The original of the Tender Bond shall be submitted in a separate sealed envelop. The envelop must not bear any mark indicating the name of the Tenderer but shall be clearly marked on the outside with TENDER BOND - ORIGINAL in addition to the Tender number, Tender title and the Closing Date.

Tenders not accompanied by the Tender Bond may, at the sole discretion of LREDC, be rejected without the need to notify the Tenderer of the rejection.

Tender Bonds submitted by unsuccessful Tenderers shall be returned by LREDC after the successful Tenderer has executed the contract.

In the event that the successful Tenderer is required to submit a Performance Bond in the form of a Bank Guarantee or any other form as stipulated in the General Conditions of Contract, the successful Tenderers Tender Bond shall remain valid until the Performance Bond is submitted and accepted by LREDC. If the successful Tenderer fails to provide the Performance Bond within the specified period, LREDC may immediately encash the full amount of the Tender Bond.

Where the Tenderer is a subsidiary or part of a group of companies, LREDC may, in addition to the Performance Bond, request the Tenderer to submit a parent company guarantee as further security.

IT.15. NO ALTERATIONS TO THE TENDER DOCUMENTS No erasures, alterations, additions or deletions shall be made to the Tender Documents. Any Tender that is incomplete or contains alterations, erasures or prices, in the Schedule of Prices and Rates Appendix B, that are not clear and legible may be excluded from consideration at the sole discretion of LREDC.

Any mistake made in completing the Tender and corrected before the submission of the Tender shall be signed by the same person who signs the Form of Tender.

IT.16. SUBMISSION OF TENDERS Tenderer shall submit its Tender in three (3) separate sealed envelops, the 1st envelop containing the Tender Bond, the 2nd one containing the Technical (un-priced) Tender, and the 3rd one containing the Commercial (priced) Tender. Each envelop must be identified with clear marking of the contents, whether TENDER BOND, TECHNICAL PROPOSAL or COMMERCIAL PROPOSAL on the outer cover.


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The envelops must not bear any mark indicating the name or identity of the Tenderer but shall be clearly marked on the outside with the Tender number stated on the Form of Tender, the Tender title, the Closing Date and the content of the envelop, as indicated above.

Tenderer must submit one (1) original and three (3) copies of its Tender. The original shall be clearly marked ORIGINAL. The Tender and accompanying documents shall be addressed and delivered to:

The Chairman, General Tender Committee, Lusail Real Estate Development Company, P. O. Box 23175 Doha, State of Qatar

no later than 12.00 hours on the Closing Date. Tenderer must affix its company stamp to and initial every page of its original Technical and Commercial Proposals.

The Tender must be received on or before the Closing Date, at the above address, either by registered mail or by messenger. Messengers should obtain a receipt to confirm delivery time. The method of delivery is the sole responsibility of the Tenderer.

Tenderer shall complete and submit all details, forms and information as required by the Tender Documents. Failure to submit a complete Tender or failure to comply fully with the Instructions To Tenderers in any way may render the Tender null and void.

It is LREDCs intention to open and evaluate the Technical Proposal first. The Technical Proposal package should not contain any Commercial Proposals, but should only contain the following:

a) Completed and signed Statement of Compliance b) Completed Contract Appendices (Except Appendix B)

The Commercial Proposal package should contain the following:

a) Completed and signed Form of Tender. b) Completed Schedule of Prices and Rates (Appendix B).

Tenderer warrants that the Tender and all documents and material submitted as part of the Tender are not subject to any intellectual property rights of any third party, which rights may hinder or otherwise limit in any way LREDCs reproduction or other use of such documents or materials for the purposes of evaluating and processing the Tender.

IT.17. ALTERNATIVE OFFERS Tenderer shall submit a valid and compliant Tender in accordance with the terms and conditions of the Tender Documents without any qualifications whatsoever. Submissions that do not fully comply with the requirements of the Tender Documents may not be considered for evaluation by LREDC.

If Tenderer desires to propose the use of alternative procedures or methods that will provide technical superiority and/or will result in savings to LREDC, or if it has any reservations on any of the Tender Documents terms and conditions, it may submit such


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reservations in an additional separate alternative Tender comprising an Alternative Technical Proposal and an Alternative Commercial Proposal each in a separate envelop and full details in triplicate shall be included.

Deviations, qualifications or exceptions to any of the contents of the Tender Documents, shall be spelt out clearly and highlighted by Tenderer, so as to bring the same to LREDCs immediate attention. All deviations, qualifications or exceptions shall be submitted and highlighted in the Alternative Technical Proposal. The price implications of deviations, qualifications or exceptions, if any, shall be indicated in the Alternative Commercial Proposal. Tenderer shall confirm in the Alternative Technical Proposal against each deviation or qualification that the respective cost implication is included in the Alternative Commercial Proposal.

IT.18. CORRECTION OF ARITHMETICAL OR OTHER ERRORS Should the amount put in words differ from the amount put in figures, or if there is an arithmetical error or inconsistency in the Schedule of Prices and Rates or between the Schedule of Prices and Rates and the Form of Tender, the lesser amount shall be taken, unless LREDC, at its sole discretion, determines otherwise.

In the event that any adjustment, correction, or amendment made by LREDC to a Tender will have bearing on LREDCs decision to award a contract, LREDC shall advise Tenderer of such adjustment, correction or amendment for its acknowledgment.

IT.19. TENDER PRESENTATIONS AND CLARIFICATIONS LREDC may request Tenderer to submit additional information concerning its Tender. If Tenderer fails to submit any information requested by the date and time stipulated by LREDC, LREDC may decide not to consider the Tender further. LREDC may require Tenderer to demonstrate to LREDCs satisfaction Tenderers ability to meet the requirements of the Invitation To Tender, by making presentations in Doha to LREDCs management and Tenderer shall comply with LREDCs requests and shall make the presentations as required on the dates and at the times specified by LREDC, at Tenderers cost and expenses.

IT.20. ACCEPTANCE OR REJECTION OF TENDERS AND INCURRED COSTS LREDC is under no obligation to award a contract or to accept the lowest or any Tender and will not assign any reason for the rejection of any Tender. LREDC shall have the right to accept one or more Tenders, to negotiate with one or more Tenderers, to accept any part of a Tender and award a contract accordingly.

LREDC shall have the right to withdraw and/or cancel the Invitation To Tender. LREDC shall not be responsible for any costs or expenses incurred by the Tenderer in connection with its Tender, any site visit, attending meetings, obtaining additional insurance, etc., or for the formation of the contract should the Tenderer be successful. The Tenderer shall not have any recourse for any redress if LREDC, for whatever reason, awards the contract to another Tenderer or does not award any contract.

IT.21. NOTIFICATION OF ACCEPTANCE LREDC will, at its sole discretion, require the successful Tenderer to enter into a contract based on the terms and conditions set forth in Part 2 of the Tender Documents and any amendment thereto made during the course of the Tender process. The


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contract executed by LREDC and the successful Tenderer shall exclusively govern the relationship between the parties for the term of the contract.

By way of a Letter of Acceptance (LOA), LREDC shall notify the successful Tenderer of LREDCs acceptance of its Tender, subject to the following conditions subsequent:

a) submission of Performance Bond and/or any other guarantees in the form required by the contract,

b) submission of necessary insurances, as required in Appendix C to the general Conditions of Contract, and

c) signing of the contract.

Unless stated to the contrary, for the purpose of determining the effective dates of the Performance Bond and the Insurances, the date of the LOA shall be used.

If the successful Tenderer fails to submit the documentation as per (a) and (b) above within the time period stipulated in the LOA, LREDC may, at its sole discretion, without the need for summons or notice or other legal formalities, exercise any or all of (i) encashing the Tender Bond, (ii) exercising any other rights stipulated in the Tender Documents, (iii) notify the successful Tenderer that the contract is, ipso facto, terminated and recover from the successful Tenderer any losses LREDC has sustained as a consequence of the successful Tenderers failure to fulfill its obligations.

The successful Tenderer will be instructed to sign the contract after the submission of the above-mentioned documentation. For the avoidance of doubt (i) the Effective Date, as entered on the Form of Agreement, shall be determined at the sole discretion of LREDC, and (ii) LREDC and the successful Tenderer shall be considered as contracting parties only upon execution and signature of the contract document by their duly authorized representatives.

IT.22. FAILURE TO SIGN THE CONTRACT Following receipt and acceptance by LREDC of the submitted Performance Bond and Insurances, LREDC shall prepare the contract based on the Tender Documents, the successful Tender and subsequent agreed conditions (if any), and issue the same for signature. The signing of the contract by the successful Tenderer and LREDC evidences execution of the contract and establishes the Effective Date.

If the successful Tenderer fails to sign the contract on the specified date without giving an acceptable justification, LREDC may, at its sole discretion, without the need for summons or notice or other legal formalities:

a) Encash the Performance Bond, and/or

b) Exercise any other rights stipulated in the contract, and/or

c) Notify the successful Tenderer that the contract is, ipso facto, terminated and recover from the successful Tenderer any losses LREDC may have sustained as a consequence of the successful Tenderers failure to fulfill its obligations.

IT.23. SUBMISSION OF GRIEVANCES Tenderer shall have the right to submit a grievance to the Chief Executive Officer (CEO) of LREDC in respect of any action(s) taken by LREDC under Clauses IT.20, IT.21, IT.22 or any other issue. The grievance must be submitted in writing within fifteen (15) calendar days of the action. The CEOs decision in respect to the grievance shall be final.


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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 IT.24. RETURN OF TENDER DOCUMENTS

The Tender Documents, including any drawings, specifications, etc., and any information or documentation in connection therewith, forwarded to the Tenderer and copyright therein are and shall continue to be the sole property of LREDC. If the Tenderer declines to submit a Tender, or if the Tenderer is unsuccessful, it shall immediately return all the Tender Documents, inclusive of any photocopies made, forthwith from the date Tenderer declines to submit a Tender or from the date it is notified that it is unsuccessful.

IT.25. PUBLIC RELATIONS All public relations matters in connection with the Tender Documents are the property and the right of LREDC solely. Tenderer shall not make any public announcements in relation to these Tender Documents or any matters relating thereto without LREDCs prior written consent. LREDC reserves the right to reject the Tender at any stage and without notice and to pursue all remedies available to it under the law, should Tenderer make any public announcement or statement in any manner in relation to the Tender Documents at any time without LREDCs prior written consent. ATTACHMENT 1 - CONFIDENTIALITY UNDERTAKING LETTER [Please complete and return as mentioned in letter for Invitation to Tender to Fax No. (+974) 44977563]

Date: INSTRUCTIONS TO TENDERERS

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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 Lusail Infrastructure Projects Executive Director M/s Lusail Real Estate Development Company P. O. Box 23175, Doha, State of Qatar Project: Lusail Development Tender No: 55005894 TENDER TITLE: DESIGN& BUILT OF 66/11 KV SUBSTATAIONS FOR WEST, WADI,

NORTH, MARINA, DISTRICT COOLING PLANTS SUBSTATIONS, AND QETAIFAN ISLAND SOUTH SUBSTATION

Subject: Confidentiality Undertaking (LREDC or First Party) From: (Second Party)

CONFIDENTIALITY UNDERTAKING

The Second Party hereby undertakes that: 1. Confidential Information

In connection with the preparation of the Tender and any works performed in respect of Design & Built Package CP24 (Design and Built 66/11 KV Substation for West, Wadi, North, Marina, District Cooling Plants Substations & Qetaifan Island Substation) (the Tender) the Second Party understands that documents, information, data and material which have been/will be made available by Lusail Real Estate Development Company (LREDC) are confidential. Confidential Information as used herein, means any document including pre-qualification and Tender documents issued by LREDC and all information which Second Party, directly or indirectly, acquires from LREDC or any other information, data or material concerning the technical and business activities and know-how of LREDC (the CONFIDENTIAL INFORMATION).

2. Exclusions

The CONFIDENTIAL INFORMATION shall not include information which: (a) is or becomes public knowledge (otherwise than by breach of this Undertaking); (b) was in the possession of the Second Party without restriction as to its disclosure

before receiving it from (or on behalf of) LREDC;

(c) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or


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(d) is required to be disclosed as a matter of law.

CONFIDENTIAL INFORMATION shall not be deemed to be within the foregoing categories merely because such information is embraced by more general information lawfully in the public domain or in Second Party's possession. In addition, any combination of features shall not be deemed to be within the foregoing categories merely because individual features are in the public domain or in Second Party's possession but only if the combination itself and its principle of operation are lawfully in the public domain or in Second Party's possession.

3. Undertakings In consideration of the CONFIDENTIAL INFORMATION being made available by or on behalf of LREDC, the Second Party undertakes to LREDC that: (a) the Second Party shall use the CONFIDENTIAL INFORMATION for the

purpose of preparing (and, if required, negotiating) a Tender or Pre-qualification for the Tender and for no other purpose and shall not permit or assist a third party to make use of the CONFIDENTIAL INFORMATION for any other purpose;

(b) the Second Party shall treat and safeguard as private and confidential all the

CONFIDENTIAL INFORMATION received or held by it and that all material containing CONFIDENTIAL INFORMATION shall be and remain LREDC property;

(c) subject to Clause 3(a), the Second Party shall not disclose to any person the

fact that the CONFIDENTIAL INFORMATION has been made available or that discussions or negotiations are taking place and shall act in good faith and shall not fix or adjust the Tender price to be submitted by or under or in accordance with any agreement or arrangement with any other person's proposal;

(d) if the Tender process is terminated or if LREDC so requests, the Second Party

shall return to LREDC, immediately all documents containing or reproducing or generated from the CONFIDENTIAL INFORMATION and shall procure the destruction of any copies which may have been made of any such documents and of any documents prepared using CONFIDENTIAL INFORMATION in whole or in part, including expunging such CONFIDENTIAL INFORMATION from any computer or other like device in the Second Partys possession, custody or control or that of any of the Second Partys officers, employees, advisers, consortium members or proposed sub-consultants and or vendors of any tier without retaining any copies thereof. Notwithstanding such return or destruction as mentioned above, the obligations contained in this Undertaking shall continue in full force and effect;

(e) the Second Party shall not use the CONFIDENTIAL INFORMATION received

in any way that is detrimental to LREDC; (f) the Second Party shall only make contact with LREDC through those officers

or employees of LREDC as LREDC may nominate from time to time, and shall INSTRUCTIONS TO TENDERERS

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ensure that its officers, managers, employees, representatives, consortium members, proposed sub-consultants and/or vendors of any tier will likewise only make contact with such nominated persons;

(g) if the Second Party or its officers, employees or advisers become (or it

becomes reasonably likely that the Second Party, its officers, employees or advisers may become) legally compelled to disclose any CONFIDENTIAL INFORMATION, the Second Party shall give LREDC written notice as soon as possible and consult with LREDC as to any appropriate action that should be taken;

(h) the Second Party shall inform LREDC in writing immediately on becoming

aware of any breach of the terms of this Undertaking; and

(i) the Second Party agrees not to disclose CONFIDENTIAL INFORMATION to third parties or to use CONFIDENTIAL INFORMATION for Five (5) years from the date of this CONFIDENTIALITY UNDERTAKING, except for discussion and internal evaluation purposes provided by this CONFIDENTIALITY UNDERTAKING or with the written permission from an authorized officer of LREDC.

(j) The Second Party shall be entitled to disclose the CONFIDENTIAL

INFORMATION to such of the following persons who have a clear need to know in order to prepare and if required negotiate a pre-qualification, tender and/or provide work(s) or service(s) to LREDC:

(i) Employees of the Second Party

(ii) Any professional consultant, contractor, vendor, supplier, agent or any

other professional entity retained by the Second Party for the purpose of providing any work(s) or service(s) to LREDC, whereas such work(s) or service(s) require reference to and/or evaluating the CONFIDENTIAL INFORMATION.

Prior to making any such disclosures to persons under sub-paragraphs (ii) above, the Second Party shall obtain an undertaking of confidentiality, in the same form and content as this CONFIDENTIALITY UNDERTAKING, from each consultant, contractor, supplier, agent or other professional entity. Undertaking(s) of Confidentiality so obtained shall not absolve the Second Party from the liabilities and responsibilities under this CONFIDENTIALITY UNDERTAKING issued to the First Party.

The Second Party acknowledges that neither the Second Party nor any of its officers, employees, consortium members, consultants, contractors, vendors, agents, advisors and/or other professional entities of any tier shall be entitled to any right or licence in respect of the CONFIDENTIAL INFORMATION.

4. Warranties

Neither LREDC nor any of its officers, managers, employees or advisers make any representation or warranty either express or implied as to the accuracy or


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completeness of the CONFIDENTIAL INFORMATION or as to the reasonableness of any assumptions which may be contained within it. The Second Party shall treat the details of the CONTRACT as private and confidential, except to the extent necessary to carry out obligations under it or to comply with applicable of Qatar. The Second Party shall not publish, permit to be published, or disclose any particulars in relation to the SERVICES and/or LREDC and/or Qatari Diar Real Estate Investment Company Q.S.C. in any press release, news article, website, trade or technical paper or elsewhere without the previous agreement of the First Party.

5. Governing Law

This Undertaking shall be governed by and construed in all respects in accordance with the laws of the State of Qatar and shall be binding on the Second Party and its successors and assignees.

Second Partys Name: ....................................... Duly authorised to sign on behalf of the Second Party: Name: .................................................... Position: ................................................ Signature: ............................................... Date: ....................................................... Company Stamp:

ATTACHMENT 2- LETTER OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS RECEIPT Please complete and return to Fax No. (+974) 44977563 To: Lusail Infrastructure Projects Director INSTRUCTIONS TO TENDERERS

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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 Lusail Real Estate Development Company P.O. Box: 23175 Doha, Qatar Fax: +974 44977563 Email: [email protected] TENDER NO: 55005894 TENDER TITLE: DESIGN AND BUILT OF 66/11 kV SUBSTATAIONS FOR WEST, WADI,


Dear Sir, 1. We acknowledge receipt of your Tender Documents relating to the above Services.

We have received all the documents listed in the List of Contents. We have received all the documents listed in the List of Contents with the

exception of:

a.___________________________________________________

b.___________________________________________________ 2. We confirm that we:

Shall submit a Tender so as to reach you on or before the Tender Closing Date.

Will not be submitting a Tender and will return the Tender Documents

immediately under separate cover as per IT. 24. Yours faithfully, For and on behalf of: Name of Company: Name of Authorised Signatory:


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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 Telephone/Fax Nos : Date: ATTACHMENT 3- FORM OF TENDER BOND (BANK LETTER OF GUARANTEE) BANK'S NAME AND ADDRESS Date : ............................... Guarantee No. : ............................... Tender No. : 55005894 INSTRUCTIONS TO TENDERERS

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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 LUSAIL REAL ESTATE DEVELOPMENT CO., P.O. Box 23175, Doha, State of Qatar. We ----------------------------------------------- (The Bank's) ---------------------------------- Bank of P.O. Box No -------------- Doha, Qatar, refer to Tender (Title) --------------------------------------------- issued by Lusail Real Estate Development Co. (Lusail Real Estate Development Co.) in Doha, Qatar to M/s. ---------------------------------------, having its main office at --------- P.O. Box ----------- City ----------- Country ------------hereby irrevocably and unconditionally undertake to pay to Lusail Real Estate Development Co. an amount of Qatari Riyals ------------------------------------------------------------------------ (in words) QRs. ----------------- (in figures) immediately upon first written demand by Lusail Real Estate Development Co. notwithstanding any contestation or objection by M/s. ---------------------------------------------------------------- or the Bank. This Letter of Guarantee (Tender Bond) is solely related to Tender No. insert number. This Letter of Guarantee shall be effective as from --------------------------------- and it shall remain valid in full force and effect until ----------------------- (both days inclusive). Upon expiration of the said validity, this Guarantee becomes null and void without necessity of being returned to us. Yours faithfully, For : _____________________ (Bank's Name) ATTACHMENT 4- STATEMENT OF COMPLIANCE

Date: The Chairman, General Tenders Committee Lusail Real Estate Development Company, P O Box 23175, Doha, State of Qatar INSTRUCTIONS TO TENDERERS

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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 TENDER NO: TENDER TITLE: DESIGN & BUILT OF 66/11 KV SUBSTATAIONS FOR WEST, WADI,


1. Having carefully examined all the Tender Documents as per your letter of Invitation To

Tender Ref................................................... dated ..........................., and Bulletins

thereto, we the undersigned offer to provide the Services in full conformity with the

terms and conditions of the Tender Documents and without any exceptions thereto

whatsoever.

2. We confirm that our Tender is valid, binding to us, irrevocable, shall not be rescinded

and is open for LREDCs acceptance for a period of ninety (90) calendar days from the

Closing Date.

3. A Tender Bond in original, plus three (3) copies, for Qatari Riyals ------------------------------ --------------------------------------------------------------------------------------------------------------------- (QR. ----------------------------------------) as per the Form provided in the Tender Documents

is submitted in a separate envelop.

4. We confirm that the prices and rates quoted on the Form of Tender and in Appendix B,

are fixed and are not subject to any change during the validity of the Tender and

subsequently during the term of any contract awarded to us.

5. We represent and covenant to LREDC that we have observed and will continue to

observe all relevant statutory and other regulatory authority and proper business

practice requirements in the formulation of our Tender and in any future follow up

thereto.

6. We: (Delete as appropriate)

(i) Have also submitted alternative Tender(s) under a separate cover which comply

fully with all the requirements and terms and conditions of the Tender Documents

and includes/include no exceptions thereto whatsoever.

(ii) Have certain exceptions to the requirements and terms and conditions of the

Tender Documents which we have indicated in an alternative Tender submitted

under a separate cover

7. The following documents (original + 3 copies) have been completed and signed and are

returned herewith: INSTRUCTIONS TO TENDERERS

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1. Tender Bond (in a separate envelop)

2. Technical Package including:

SCHEDULE

TITLE

Tick for Appended Items

0.0 INTRODUCTION AND INSTRUCTIONS 1.0 TENDER EXECUTIVE SUMMARY 2.0 CONTRACTOR REPRESENTATIVE 3.0 CORPORATE INFORMATION 4.0 TENDERER ORGANIZATION STRUCTURE 5.0 PROJECT ORGANIZATION 6.0 KEY CONTRACTOR PERSONNEL 7.0 LIST OF EQUIPMENT 8.0 RESOURCES AND FACILITIES 9.0 TEMPORARY WORKS AND SEQUENCING 10.0 DESIGN DEVELOPMENT AND MANAGEMENT 11.0 PROJECT RISK MANAGEMENT 12.0 SUBCONTRACTORS, DESIGN CONSULTANTS AND

SUPPLIERS

13.0 UTILIZATION OF NATIONAL PRODUCTS AND PRODUCTS OF NATIONAL ORIGIN

14.0 RELATED EXPERIENCE 15.0 WORK IN HAND 16.0 FINANCIAL INFORMATION AND INSURANCE 17.0 QA/QC PROCEDURES 18.0 HEALTH, SAFETY AND ENVIRONMENT 19.0 CONTRACT EXECUTION PLAN 20.0 ADDITIONAL INFORMATION

8. Our Commercial offer together with the completed and signed Form of Tender are

submitted in a separate sealed envelop.

9. We acknowledge receipt of the following Tender bulletins and these have been

considered in our Tender preparation:-


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10. We understand that LREDC is not bound to accept the lowest or any Tender received

by it, nor to give any reason or explanation for rejection of Tender.

Dated this ................ Day of ..........................20** Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ................................................ duly authorized to sign Tenders For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. Tenderers company seal ATTACHMENT 5- FORM OF TENDER Date: The Chairman, General Tenders Committee Lusail Real Estate Development Company, P. O. Box 23175, Doha State of Qatar

Bulletin No.

Subject

Date


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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 TENDER NO: 55005894 TENDER TITLE: DESIGN & BUILT OF 66/11 KV SUBSTATAIONS FOR WEST, WADI, NORTH,

MARINA, DISTRICT COOLING PLANTS SUBSTATIONS, AND QETAIFAN ISLAND SOUTH SUBSTATION

1. Having carefully examined all the Tender Documents as per your Tender Invitation letter

Ref.............................................................................. dated........................................,and

Bulletins thereto, we the undersigned offer to provide the Services in full conformity with

the terms and conditions of the Tender Documents for the sum:

Qatari Riyals ---------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------

(QR. ---------------------------------------------------), subject to, as may be required in the

Tender Documents, re-measurement of certain items as specified in Appendix B, and as

per the required time schedule indicated in the Tender Documents.

2. We confirm that our Tender is valid, shall not be rescinded and is open for LREDCs

acceptance for ninety (90) calendar days from the Tender Closing Date.

3. We confirm that the prices and rates quoted under Appendix B, are fixed and are not

subject to any change during the validity of the Tender and subsequently during the

term of any contract awarded to us.

4. The following documents (original + 3 copies) are returned herewith:

Commercial Package i. Completed and signed Form of Tender

ii. Completed Schedule of Prices and Rates (Appendix B)

Commercial Details of any Alternative Proposal 5. We understand that LREDC is not bound to accept the lowest or any Tender received

by it, nor to give any reason or explanation for rejection of Tender.

Dated this ................ Day of ..........................201... Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ................................................................duly authorized to sign Tenders.


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LUSAIL REAL ESTATE DEVELOPMENT COMPANY TENDER FOR : DESIGN & BUILT OF 66/11 KV SUBSTATIONS FOR WEST, WADI, NORTH, MARINA, DISTRICT COOLING PLANTS, AND QETAIFAN ISLAND SOUTH SUBSTATION TENDER NO.:55005894 For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. TENDERER COMPANY SEAL:

***


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Fax Number +974 44977563The Chairman,General Tender Committee,Lusail Real Estate Development Company,P. O. Box 23175 Doha,State of QatarFor and on behalf ofCommercial PackageCommercial Details of any Alternative ProposalFor and on behalf of