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Tenderinvitation REWTERZTECHNOLOGIES

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INVITATION TO TENDER

Issue Date: 21-Jun-2022

Tender No: PR-009177

Tender Title: Trend Micro Portable Security License renewal


1. INVITATION TO TENDER
1.1 CC Energy Development S.A.L (Oman Branch) (hereina er referred to as “Company”)invites you (the “Tenderer”)
to submit your bid (the “Proposal”) for the subject Tender in accordance with the terms and condi ons outlined in
this Invitation to Tender (ITT) Package. Proposals must be submi ed exclusively through the Company’s electronic
submission system using URL h ps://etender.cced.com.om (the “E-Tendering Pla orm”). Proposals submi ed in
any other way (e.g. e-mail or letter) will be disregarded.
2. CONTENTS OF ITT PACKAGE
2.1. This ITT Package is comprised of the following documents

# Document Download Notes / Remarks


1 Instructions to Tenderer(s) (This document)

Schedule 2 - Terms and Conditions (V-APR-


Schedule 2 to 4 - T&Cs for 2021)
2 Procurement Schedule 3 - Shipping and Marking
Instructions (V-JUN-2018)
Schedule 4 - Security Policy (V-MAY-2016)

3 Scope of Work SCOPE OF WORK.docx

4 Technical Evaluation Form Tenderer(s) to follow instruction in sections


4.5 and 4.6 below.

5 Commercial Evaluation Form Tenderer(s) to follow instruction in sections


4.5 and 4.6 below.

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Tender Tenderer(s) to download fill and upload a completed PDF file in the
6 Acknowledgement relevant section on the E-Tendering Platform.
Letter
7 Conflict of Interest Tenderer(s) to download fill and upload a completed PDF file in the
Declaration relevant section on the E-Tendering Platform.

3. TENDER TIMELINE
3.1. The Tender process shall follow the timeline set out below:

# Activity Date
1 Issue of Invitation to Tender 21-Jun-2022
2 Clarification request deadline 23-Jun-2022
3 Site visit/ clarification meeting date
4 Tender Submission Date 29-Jun-2022

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4. INSTRUCTIONS TO TENDERER(S)
4.1 REVIEW AND ACCEPTANCE OF THE ITT PACKAGE
4.1.1. The Company has endeavored to ensure that any informa on given to Tenderer(s) in connec on with the
Tender is accurate but gives no warranty as to the accuracy, sufficiency, completeness or otherwise in
relation to that information and disclaims all responsibility for that information.
4.1.2. The informa on provided by the Company in the ITT is provided for convenience of Tenderer(s) to
prepare an appropriate Proposal and shall not necessarily form part of any Agreement(s) resul ng from
the Tender unless otherwise specifically agreed by the Company.
4.1.3. In order for Company to fully assess the rela ve merits of each proposal, Tenderer(s) are requested to
furnish Company with all relevant and complete informa on as set forth in the following items of
"Instruc ons To Tenderer(s)". Tenderer is urged to comply strictly with every step of this ITT prior to
submission of its Proposal.
4.1.4. Failure to adhere and comply with the instruc ons as set forth in this document will result in Tenderer(s)
Proposal being deemed non-responsive in which case it may be excluded from further consideration.
4.1.5. Tenderer(s) are to ensure that all prices and other details in its Proposal are correct at the me of
submission. Company will not entertain any changes or addenda due to typing or calcula on errors a er
the Tender Submission Date.
4.1.6. Submission of Proposals by Tenderer(s) will cons tute a firm offer and an understanding that the
Tenderer is prepared to enter into an Agreement(s) with Company on the terms and condi ons set-out in
this ITT.
4.1.7. Company may modify any provision or part of the ITT at any me prior to the Tender Submission Date
and will advise all Tenderer(s) accordingly.
4.1.8. Tenderer(s) are required to have read the ITT Package and shall be deemed to have:
4.1.8.1. Thoroughly checked the contents of the ITT Package to ensure that there are no omissions or
discrepancies therein and that the Proposal prepared is strictly in accordance with the terms
specified within this Tender.
4.1.8.2. Examined the ITT Package and has understood various sites, surroundings and any other
informa on including but not limited to exis ng or future risks, con ngencies, circumstances
that has an effect on performance of work or this Tender and any informa on which is
obtainable by the making of reasonable enquiries in writing to the Company.
4.1.8.3. Sa sfied itself as to the correctness and sufficiency of its Tender and that its price covers all
costs of all matters and things necessary for the performance of the work.

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4.2.TENDERER REGISTRATION REQUIREMENTS
4.2.1. Tenderer(s) shall be registered with Business Gateways in the Joint Supplier Registra on System (JSRS). As
such, Tenderer(s) if not registered, shall complete their registration with Business Gateways and submit JSRS
cer ficate as part of their technical submission. Refer to the following URL for the registra on process:
https://www.businessgateways.com
4.2.2. The Company will only enter into Agreement(s) with Tenderer(s) holding a valid JSRS Cer ficate of Approval.
Tenderer(s) at its sole cost and responsibility are bound to refer the URL above for any clarifica ons on JSRS
registration.
4.2.3. Tenderer(s) not submi ng a valid JSRS Cer ficate of Approval as part of its Proposal may be disqualified at
the Company’s discretion.
4.2.4. The Company reserves the right to withhold award to Tenderer(s) who fail to provide a valid JSRS Cer ficate
of Approval.

4.3. CONFIDENTIALITY AND ACKNOWLEDGEMENT


4.3.1. Tenderer(s) upon receipt of the ITT, shall read confirm and agree to the Confiden ality Undertaking provided
on the E-Tendering Pla orm. Failure to submit the secrecy declara on will render Tenderer(s) automa c
disqualification from the Tender.
4.3.2. This ITT does not cons tute an offer and Company does not give any commitment to accept any Proposal or
to enter into any Agreement(s) pursuant to this ITT or any Proposal. Accordingly, no Agreement(s) shall be
implied or inferred by virtue of the issuance of this ITT and / or by the acceptance of responses in connection
with it or by negotiations or discussions with one or more Tenderer regarding the Project.
4.3.3. Each recipient of this ITT agrees that without the prior written consent of the Company, neither the existence
nor terms of this ITT nor shall any por on of the informa on and material contained herein be disclosed, in
whole or in part, to any other person.
4.3.4. Tenderer(s) are required to confirm its inten on to par cipate in the Tender through the E-Tendering
Platform.
4.3.5. Failure to confirm inten on to par cipate in the Tender, or failure to no fy Tenderer(s) inten on to decline,
or failure to submit Proposal by the Tender Submission Date.
4.3.6. This ITT and any supplemental informa on which may be provided in connec on with the selec on process
shall be promptly returned to Company upon written request and no copy shall be retained.
4.3.7. Company requires Tenderer(s) to observe the highest standard of ethics during the process of preparing the
Proposal. Company will reject a Proposal and terminate, with immediate effect, any engagement if it
determines, at its sole discre on that Tenderer(s) in any way, whether directly or through an agent, engaged
in corrupt, fraudulent, collusive, or coercive prac ces in connec on with the prepara on or submission of its
Proposal.

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4.4. TENDER CLARIFICATIONS
4.4.1. In the event that Tenderer(s) find discrepancies or omissions or have any queries with respect to the ITT
Package, Tenderer(s) shall submit its queries to the Company only through the dedicated sec ons in the E-
Tendering Platform not later than three (3) calendar days after receipt of the ITT Package.
4.4.2. Tenderer(s) reques ng such clarifica ons shall solely be responsible for its mely receipt from the Company
and shall not entail to any extension of the Tender Submission Date, unless otherwise advised by the
Company.
4.4.3. All responses to clarifica on requests from Tenderer(s) and any clarifica on from the Company to
Tenderer(s) shall be issued via the E-Tendering Platform.
4.4.4. The Company under any circumstances will not entertain any inquires or clarifica ons sent by Tenderer(s) on
the Tender Submission Date.

4.5. PREPARATION AND SUBMISSION OF PROPOSALS


4.5.1. Proposals submi ed by the Tenderer(s) must be valid for a minimum of 180 days from the Tender
Submission Date.
4.5.2. Proposals must be prepared in English language; all pages shall be intact and submi ed in accordance with
these Instructions to Tenderer(s).
4.5.3. Tenderer(s) should use the formats provided in the ITT Package and quote rates and fees as called for in the
ITT.
4.5.4. All Proposals should be lodged on the Company’s Online E-tendering Pla orm within the Tender Submission
Date in strict confidentiality and in accordance with the instructions provided herein.
4.5.5. Proposals sent to any email addresses or submi ed by any means other than the Company’s Online E-
tendering Platform shall be subject to disqualification.
4.5.6. Tenderer(s) shall solely be responsible for mely submission of the proposals through the E-Tendering
Pla orm. For the avoidance of doubt, all and any references to Date and Time in the ITT Package shall mean
Oman Standard Time, unless otherwise specified in writing.
4.5.7. Tenderer(s) must submit Proposals well in advance before the Tender Submission Date to avoid any
potential technical issues faced by Tenderer(s) during submissions on the E-Tendering Platform.
4.5.8. The Online E-tendering Pla orm does not accept late submissions and failure to submit Proposals on me
due to problem/issue in accessing the E-Tendering Pla orm shall not be an excuse for not submi ng a
Proposal.
4.5.9. Tenderer(s) shall solely be responsible to ensure select and upload correct documents within the relevant
fields when attaching the Proposals

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4.5.10. Tenderer(s) shall submit their Technical Proposal and Commercial Proposal separately under the relevant
sec ons. Tenderer(s) at their sole responsibility shall ensure that it does not submit a combined Technical
and Commercial Proposal unless otherwise instructed in wri ng by the Company. Submission of a rates /
prices within a Technical Proposal shall lead to disqualification of the Proposal from further evaluation.
4.5.11. Tenderer(s) shall ensure that both Technical and Commercial Proposals are completed, embedded with all
suppor ng documents as per the ITT and uploaded under relevant sec ons on Company’s E-Tendering
Platform.
4.5.12. Tenderer(s) must ensure that all relevant forms, downloaded from Company’s E-Tendering Pla orm, are
filled, signed, stamped, and converted to a PDF prior to uploading in the respec ve Technical and
Commercial sec ons on the E-Tendering Pla orm. Proposals submi ed by the Tenderer(s) must be dated
and signed by the duly authorized signatory of the Tenderer(s).
4.5.13. Prepara on of the Proposal shall be by and at the expense of the Tenderer(s). Company will not be
responsible or pay for any expense incurred by Tenderer(s) in the prepara on of their Proposals, including
but not limited to the participation in any field visits.
4.5.14. The submission of a Proposal shall be deemed to indicate that Tenderer(s) has reviewed and understood
the terms and conditions of the ITT, including without limitation and has satisfied itself as to the extent and
nature of the work required to be performed, and has obtained for itself all necessary informa on as to
risks, con ngencies and all other circumstances that may influence or affect its bid, including but not
limited to all local condi ons such as loca on, annual rainfall, temperature, wind, sun, environmental
protec on, logis cs, services availability, transport, access, and labor, social, poli cal and economic
conditions.
4.5.15. Tenderer(s) shall refer to the user manual available in the E-Tendering Pla orm login page and follow the
instructions to submit its Proposal.

4.6. CONTENTS OF PROPOSALS


4.6.1. Tenderer(s) at its sole responsibility must ensure that Proposals are a ached on the E-Tendering Pla orm in
concurrence to the following:
A Contents of Technical Proposal
# Document Title Description
1. Tenderer(s) must submit un-priced Commercial Bid
Form on the E-Tendering Pla orm as an a achment
as part of the Technical Proposal.
2. Tenderer(s) must state “Quoted”, “Not Quoted” or
“Quoted Alterna ve” in the un-priced Commercial
Bid Form.
1 Un-Priced Commercial Bid Form 3. Responses marked as “Not Quoted” will be
(PDF)
interpreted as Tenderer(s) inability to provide the
requested service or goods.
4. Lead me or schedule for delivery of goods or
completion of services
5. Tenderer(s) at its sole responsibility shall ensure
that

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it does not include any rates / prices within the un-
priced Commercial Bid Form.
6. Any response with rates / prices will lead to
disqualification of the Proposal.
1. Tenderer(s) must submit a completed Technical Bid
Form on the E-Tendering Platform.
2. Tenderer(s) are advised to carefully examine and
respond to the Technical Bid Form. Tenderer(s) must
2 Technical Evaluation Form (PDF) submit a typed response within the "blue box" to
each item listed therein. Furthermore, Tenderer(s)
shall include in such response where any addi onal
documenta on is provided. Incomplete answers can
result in disqualification of the Proposal.
1. Tenderer(s) must submit a completed Table of
3 Table of Compliance Form (PDF)
Compliance Form on the E-Tendering Platform.
1. Tenderer(s) must submit relevant documents
including but not limited to the examples provided
below that may be deemed necessary to supplement
its Proposal.
2. Example:
a. Complete technical data sheets,
b. Records showing experience and performance in
exercising similar scopes,
Technical Proposal + Other c. Technical capacity,
4
Supporting Documents d. Organization charts
e. Cer ficates/approvals from relevant authori es.
f. Lead- me / Incoterms (2010) or schedule for
delivery of Goods or completion of Services.
g. JSRS Certificate
h. Tax Card
i. Commercial Registration Certificate
j. ISO Certificates
k. Vendor Document Requirement (VDR)
1. Tenderer(s) must clearly confirm its acceptance of
the proposed Form of Contract or state any
excep ons to the terms and condi ons of the Form of
Contract.
2. Proposals that do not comply with either of the
aforementioned requirements will be disqualified.
3. Tenderer(s) that wish to propose excep ons to
Exceptions to the Form of Company’s general terms and condi ons shall clearly
5
Contract (PDF + Excel) state all excep ons thereto on a separate of paper
with a reference to the terms and condi ons desired
to be amended, and include precise and clear
alternate wording where applicable.
4. Generaliza ons or other imprecise wording shall be
deemed null and void, and any excep ons not stated
on the list submi ed with the Proposal will not be
entertained.
1. Tenderer(s) must submit a completed ICV Evalua on
6 ICV Evaluation Form (PDF + Excel)
Form on the E-Tendering Platform.

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1. Tenderer(s) must submit a completed HSE Evalua on
7 HSE Evaluation Form (PDF + Excel)
Form on the E-Tendering Platform.
1. Tenderer(s) must submit its audited financial
8 Audited Financial Statements
statements if requested by the Company.
1. Tenderer(s) must fill, download, and print the le er
9 Tender Acknowledgment Letter on its official le erhead before signing and uploading
on the Online E-tendering Platform.
1. Tenderer(s) must ensure that all relevant forms, downloaded from Company’s E-Tendering
Pla orm, are filled, signed, stamped, and converted to a PDF prior to uploading in the
respec ve Technical and Commercial sec ons on the E-Tendering Pla orm. Proposals
Notes: submi ed by the Tenderer(s) must be dated and signed by the authorized signatory of the
Tenderer(s).
2. In the event of discrepancies between the PDF and Excel documents uploaded in the Online
E-tendering Platform, the contents of the PDF documents shall prevail.

B Contents of Commercial Proposal


# Document Title Description
1. Tenderer(s) must submit a priced Commercial Bid
Form (Excel) on the E-Tendering Pla orm as an
attachment as part of the Commercial Proposal.
2. Tenderer(s) must be “Not Quoted” for items that it
has not submitted a price/ rate.
1 Commercial Evaluation Form 3. Responses marked as “Not Quoted” will be
(Excel)
interpreted as Tenderer(s) inability to provide the
requested service or goods.
4. Any cell that is not completed or has a zero value
shall be explained and commented in detail, on why
the cell is left empty.
1. Tenderer(s) must ensure to convert to PDF and a ach
a copy of the completed and filled Excel document on
the E-Tendering Platform.
2 Commercial Evaluation Form (PDF) 2. The document must be signed by the authorized
signatory of the Tenderer(s), stamped, and converted
to a PDF prior to uploading on the E-Tendering
Platform.
1. Tenderer(s) may submit any other commercial
documents in support of the rates provided in the
3 Commercial Proposal + Other Commercial Evaluation Form.
Supporting Documents
2. Tenderer(s) must not submit any new rates within
this section.
1. Tenderer(s) must fill and submit the from on the
Company’s Online E-tendering Pla orm, if requested
by the Company to do so:
2. The prices quoted in the a achment must be the
same with the prices quoted in the Online Tendering
4 Online Commercial Bid Form
System.
3. In the event of discrepancies between the unit prices
quoted in the Online E-tendering Pla orm and
attachments, the unit prices quoted in the attachment
Commercial Evaluation Form (PDF) shall prevail.

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1. Tenderer(s) must use the Commercial Bid Form included in the ITT Package. Use of any other
formats for submi ng Commercial Proposals will lead to disqualifica on of the Proposal from
further evalua on. Tenderer(s) must prepare and submit their Commercial Proposals in the
currency specified in the ITT.
2. In the event of discrepancies between the PDF and Excel documents uploaded in the Online E-
tendering Platform, the contents of the PDF documents shall prevail.
3. Rates/prices in the Commercial Proposal shall cover all of the Tenderer(s) obliga ons under
the Agreement(s), including but not limited to its obligations pursuant to the Form of Contract.
4. Rate/prices quoted by Tenderer(s) are deemed to be fully inclusive of all costs and expenses
whatsoever incurred or to be incurred by the Tenderer(s) direct or indirect costs necessarily to
perform the services or deliver the goods requested by the Company.
5. Par al Awards: The Company reserves the right to award Agreement(s) in full or par al
quan es of line items pursuant to this ITT. Rates/prices proposed by Tenderer(s) within its
Proposal shall not be subject to escalations or revision for any reason.
6. All rate/prices included in the Proposal by the Tenderer(s) shall be fully inclusive of any and all
applicable taxes including but not limited to withholding tax, sales tax, duties, levies and other
tax (such as but not limited to: income, profit, turnover, social security and other employment
Notes:
and payroll-related tax), whether personal, corporate or otherwise, including, without
limitation, any interest, fines, penalties and other charges thereon, imposed by any jurisdiction
or Governmental entity or tax authority.
7. Training Levy: Tenderer(s) must ensure that the proposed prices/rates within its Proposal are
in considera on of Company’s mandate to deduct 1.2% of the invoiced value against Training
Levy that is established by Government of the Sultanate of Oman to train and enhance skills
and capabili es of Omani personnel who work in connec on with the oil & gas sector. A
deduc on of 1.2% of the invoiced value shall be applied by Company against any invoice and
put towards this fund. Tenderer(s), by submission of a Commercial Proposal confirms that its
commercial Proposal has accounted for Training Levy as part of the unit prices/rates and not
as a separate line entry within its Proposal.
8. Value Added Tax: Tenderer(s) must ensure that the proposed prices/rates within its Proposal
are exclusive of Value Added Tax (“VAT”) that may be applicable in the host country. Any
payments due by the Company following award of Agreement(s) would be condi oned upon
receipt of a valid tax invoice or debit note, as the case may be, if and when required to be
issued in compliance with host country VAT Applicable Laws accompanied with a copy of
Tenderer(s) VAT card or registration number.

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4.7. TENDER EVALUATION AND AWARD
4.7.1. Company reserves the right, at its sole discre on, at any me to: (a) accept or reject any and all Proposals
(par al or in full) without explana on and whether or not such Proposal(s) contains the most favorable fee
or fully sa sfies the express requirements of this ITT; and (b) terminate the proposed Tender or selec on
process without no ce and / or explana on, without in either case incurring any liability whatsoever to the
Company.
4.7.2. Tender evalua on and award will consider miscellaneous factors, including but not limited to, quality,
experience in performing similar Agreement(s), technical capacity, organiza on, safety, price, delivery lead-
time and the number or extent of exceptions to the proposed Form of Contract (if any).
4.7.3. The Company reserves the right to visit and inspect premises, facili es, equipment, and other resources of
Tenderer(s) and/or any of its proposed sub-contractors to carry out related technical and commercial
appraisals. Tenderer(s) shall cooperate to make such visits and inspections easy and efficient.
4.7.4. Should there be any discrepancy or arithme cal error or incongruity between any submissions made by the
Tenderer(s) for a specific Tender, the Proposal shall be freely interpreted by the Company who, at its sole
discretion, may decide to disregard such Proposal.
4.7.5. Any award as a result of this Tender will be through a fully executed Agreement(s) issued by the Company.
Tenderer(s), under any circumstance must not engage into any supply of goods or services without receipt of
formal Agreement(s) from the Company.
4.7.6. Upon concurrence of an award, the successful Tenderer(s) will be required to enter into a formal
Agreement(s) which will take the Form of Contract included in this ITT.
4.7.7. Tenderer(s) can assume that it is not successful for the Tender if Tenderer(s) does not receive a no ce of
award a er 180 days from the Tender Submission Date. The Company shall not be obliged to inform
Tenderer(s) either orally or in writing the result of this Tender.

***END***

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