THE LAGOONS DEVELOPMENT LLC DUBAI CREEK HARBOUR DEVELOPMENT
THE TOWER
TENDER DOCUMENTS FOR
MAIN CONTRACT WORKS
INSTRUCTIONS TO TENDERERS
INSTRUCTIONS TO TENDERERS
INDEX
Page No.
1. Definitions 1
2. Scope of Works and Location 1
3. Tender Documents 2
4. Notification of Intent to Tender 2
5. Addenda to Tender Documents 3
6. Clarifications, Interpretations and Explanations 3
7. Submission of Tenders 3
8. Tender Documentation 4
9. No Alterations to Tender Documents 8
10. Fixed Price Lump Sum 8
11. Currency of Tender 9
12. Validity of Tender 9
13. Language 9
14. Visiting the Site 9
15. Performance and Advance Payment Bonds 10
16. Alternative Tender 10
17. Opening of Tenders 11
18. Evaluation of Tenders 11
19. Acceptance or Rejection of Tenders 11
20. Previous Discussions and Documents Superded 12 Appendices
Appendix A: Form of Tender Bond
Appendix B: Form of Agreement
Appendix C: Confirmation of Site Visit
INSTRUCTIONS TO TENDERERS
1. DEFINITIONS
1.1 In the Tender Documents and any addenda thereto issued in accordance with
paragraph 5 below words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract.
1.2 "Tenderer" means each party to which an Invitation to Tender is issued for the
purpo of submitting a Tender regardless of whether or not any particular such party completes and submits a Tender.
1.3 "Invitation to Tender" means the letter described as such from the Employer to the
Tenderer inviting it to submit a Tender.
1.4 “Tender” means the Tenderer’s priced offer to the Employer for the carrying out
and completion of the Works and the remedying of defects therein.
1.5 "Tender Sum" means the amount inrted in paragraph 1 of the Form of Tender.
1.6 "Tender Documents" means the documents accompanying the Invitation to Tender
as listed in paragraph 3.1 below.
1.7 "Tender Period" means the period from the date of issue by the Employer to the
Tenderer of the Invitation to Tender and the Tender Documents to the latest date t for the delivery of the Tenders as stated in paragraph 7.1 below.
1.8 The headings ud in the Instructions to Tenderers shall not be deemed to be a
part hereof or be taken into consideration in the interpretation or construction hereof.
1.9 All dates and periods of time referred to in the Tender Documents, in any
addendum thereto issued in accordance with paragraph 5 below and in the documents referred to in paragraph 8.1 below shall be ascertained in accordance with the Gregorian calendar.
2. SCOPE OF WORKS AND LOCATION
2.1 Tenders are invited for the carrying out of the Works comprising the carrying out
and completion of the design (to the extent provided for by the Contract) and construction of an ob
rvation tower including plaza and podium together with associated external works, external rvices and hard and soft landscaping and known as “The Tower” forming part of the Dubai Creek Harbour in the Emirate of Dubai all as more particularly described in the Tender Documents.
3. TENDER DOCUMENTS
3.1 The documents being issued to the Tenderers for the purpo of preparing a
Tender (the “Tender Documents”) compri:
(a) the Instructions to Tenderers
(b) the Form of Tender
(c) the Conditions of Contract
(d) the Schedule of Project Requirements
(e) the Drawings
(f) the Specification
(g) the Bills of Quantities
The above documents are being issued in soft copy only unless otherwi stated.
3.2 The Tender Documents, any addendum thereto issued in accordance with
paragraph 5 below and replies by the Employer issued under paragraph 6.2 below to any written requests made by the Tenderer under paragraph 6.1 below are transmitted to the Tenderer solely for the purpo of the Tenderer preparing and submitting a Tender in accordance therewith.
The Tenderer shall keep confidential and shall not relea to any third party any of the foregoing items other than to enable a potential Subcontractor to prepare and submit to the Tenderer a quotation for part of the Works and on condition that such Subcontractor shall also keep confidential any such items in like manner. The obligations of the Tenderer (and potential Subcontractor) under this paragraph shall continue notwithstanding the expiration or termination of this or any other agreement subquently entered into by and between the Tenderer and the Employer.
3.3 Tenderers are required to check against the relevant index/contents list to ensure
and satisfy themlves that they are in posssion of each and every page, drawing, schedule and t
he like which compri the Tender Documents.
3.4 The Tenderer shall return forthwith to the Employer (marked for the attention of the
Chairman of the Tender Committee) at its principal offices in Building No. 3, First Floor, Emaar Square (Downtown Dubai), Sheikh Zayed Road in the Emirate of Dubai all the documents referred to in paragraph 3.2 above if and upon the first to occur of the Tenderer concerned electing not to submit a Tender or the Tenderer concerned being notified by the Employer that the Tender of another has been accepted or that its own Tender will not be accepted or the validity of the Tender of the Tenderer concerned expiring without being accepted.
4. NOTIFICATION OF INTENT TO TENDER
4.1 The Tenderer shall within ven (7) days after receipt of the Tender Documents
advi the Employer by e-mail at tender@emaar.ae marked for the attention of the Chairman of the Tender Committee of its intent to submit a Tender.
5. ADDENDA TO TENDER DOCUMENTS
5.1 The Employer may, at any time or times not being less than five (5) days prior to
the latest time stated in paragraph 7.1 below for the delivery of Tenders, issue and despatch to all Tenderers an addendum containing a variation, addition, deletion, clarification and/or rectification to, from or of any of the Tender Documents or of any earlier addendum issued under this paragraph 5.1. Any such addendum shall form part of the Tender and shall be valid and binding on all Tenderers. Each Tenderer must acknowledge by return the receipt of each addendum by e-mail to the Employer at tender@emaar.ae marked for the attention of the Chairman of the Tender Committee and must complete paragraph 11 of its Form of Tender with the reference number and date of issue of each addendum.
6. CLARIFICATIONS, INTERPRETATIONS AND EXPLANATIONS
6.1 Should the Tenderer require clarification, an explanation or an interpretation in
respect of any part of the Tender Documents or of any addendum issued in accordance with paragraph 5 above or as to any other relevant matter or thing, the Tenderer must request such required clarification, explanation or interpretation by e-mail to the Employer at tender@emaar.ae marked for the attention of the Chairman of the Tender Committee so as to be received by the Employer not less than ten (10) days prior to the latest time stated in paragraph 7.1 below for the delivery of Tenders.
6.2 As soon as practicable after receipt of any such e-mailed request, the Employer
will reply by circulating a letter by e-mail to all Tenderers with the requested details and, if the Employer thinks appropriate, rectifying the point raid by the Tenderer and, if such requested details or rectification are in the Employer’s opinion a matter of substance requiring a change in the Tender Documents or in any addenda issued in accordance with paragraph 5 above, an addendum containing the same will be issued in accordance with the said paragraph.
6.3 No clarification, explanation, interpretation or rectification, (whether or not following
an e-mailed request from a Tenderer under paragraph 6.2 above) shall be binding or have any legal validity whatsoever unless the same be made in writing by the Employer.
7. SUBMISSION OF TENDERS
7.1 The original of all of the documents referred to in paragraph 8.1 below and (if
applicable) the Tenderer’s cover letter, five DVDs each containing a scanned copy of all such documents and cover letter and two hard copies of tho documents referred to in sub-paragraphs 8.1(a) and (c) below must be delivered by hand during normal business hours (0800 to 1730 hours,
Sunday to Thursday inclusive) by no later than the time stated in the Invitation to Tender (or such later time as may be notified by an addendum issued in accordance with paragraph 5 above) to the Employer at its principal offices in Building No 3, First Floor, Emaar Square (Downtown Dubai), Sheikh Zayed Road in the Emirate of Dubai marked for the attention of the Chairman of the Tender Committee. Any Tender received after such time (or later time as aforesaid) will not be considered. Save as aforesaid, the original and each copy shall be identical but if, in default of this provision, there is
