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SAKURA FERROALLOYS

Revision No.
Issue Date
HCFeMn AND SiMn SMELTER COMPLEX Page 1 of 9

INSTRUCTIONS TO TENDERERS



INSTRUCTIONS TO TENDERERS
FOR THE SAKURA FERROALLOYS PROJECT

HCFeMn AND SiMn SMELTER COMPLEX

CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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TABLE OF CONTENTS


1. INSTRUCTION TO TENDERER
CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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1. INSTRUCTION TO TENDERER
The Tender must be returned together with all Schedules and Annexures thereto duly
completed and signed. Tenderers are required to keep a copy of the complete Enquiry
documentation for their own records.
The Enquiry documentation comprises of this Instruction to Tenderer, the Enquiry
document and all annexures attached thereto. The Tender shall fully comply with the
documents and specifications which form part of this Enquiry.
The Tenderer shall acknowledge receipt of the Enquiry at the time of collection and confirm
within 3 working days its intention to submit a Tender on or before the closing date
specified.
1.1 Tender Submission
1.1.1 Tenders are to be submitted:
1.1.1.1 1 x Original and 1 x hard copy;
1.1.1.2 1 x in electronic format;
1.1.1.3 Tenderers are only to submit:
a. The Enquiry document; and
b. all technical schedules required to be submitted in terms of the
enquiry.
c. Additional information as detailed under 1.12 of this document
1.1.1.4 under cover of a letter from the Tenderer on the Tenderers
letterhead;
1.1.1.5 in an envelope which is sealed and which reflects:
The description of Works;
the Enquiry number; and
the name of the Tenderer.
and are to be handed in or posted to reach:
Metix Malaysia SDN. BHD.
No 127 First Floor
Green Heights Commercial Centre
Jalan Lapangan Terbang
93250 Kuching
Sarawak
MALAYSIA
ATTENTION: JULIAN DAMSTRA AND ETTIENNE ALBERTS
julian@metix.co.za and ettienne@metix.co.za
CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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1.2 Closing Time
1.2.1 All Tenders shall be submitted by depositing the Tender into the Metix
Tender box and/or via e-mail no later than 12:00 noon on the date specified
on the covering page. No Tender will be considered unless received by the
closing time and date.
1.2.2 Should the Tenderer decide to only submit a tender document via electronic
mail, the responsibility will fall onto the Tenderer to verify if the Purchaser
has duly received such documents.
1.2.3 Non-compliance with this Sub-Clause may, in the sole discretion of the
Purchaser, invalidate a Tender.

1.3 Site Inspection
The Supplier shall be deemed, in submitting tender documentation, to have
familiarized itself with the site conditions as detailed in Section E Part 1.

1.4 Queries
1.4.1 All queries regarding this Enquiry shall be directed to:-
COMMERCIAL: Pierre du Preez Tel: +27-11-676-2356
Cell: +27-73-779-9113
E-mail: pierre@metix.co.za

1.5 Instructions and Guidelines
1.5.1 Tenders and any subsequent correspondence are to be clearly identified by
the Enquiry number.
Please refer to Section 1.4, should any section of this enquiry be unclear.
Should the Tenderer decide not to tender, the Enquiry, complete with all its
attachments and copies made, shall be returned to the Purchaser forthwith.
All drawings, specifications and data issued with the Enquiry, remain the
property of the Purchaser. No information regarding this enquiry may be
communicated to third parties in any manner whatsoever.

CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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1.5.2 In addition the attention of the Tenderer is drawn to the following:-
1.5.2.1 The Tender documents, all forms and schedules shall be
completed, in black ink on a paper and/or electric copy with each
page initialled.
1.5.2.2 All Schedules and Annexures forming part of the Tender must be
completed by Tenderers to the extent indicated. In the event of a
Schedule or Annexure not being applicable to the Tender, it must
be endorsed accordingly. Non-compliance with this requirement
may, in the sole discretion of the Purchaser, invalidate a Tender.
1.5.2.3 Tenders shall remain valid and open for acceptance by the
Purchaser for a period of ninety (90) days from the closing date of
this enquiry.
1.5.2.4 Tenderers that omit any of the information requested may be
disqualified.
1.5.2.5 Unless otherwise specified as qualifications in Section 4.13 of the
Enquiry document the submission of a Tender shall signify
complete acceptance of the conditions contained in this Invitation
to Tender and the documentation listed hereunder.
1.5.2.6 If Tenderers wish to qualify any of the provisions of any of the
documents which will comprise the Contract, they must set out
details of their qualifications in Section 4.13 of the Enquiry
document.
1.5.2.7 Tenderers may, in addition to their Tender, submit alternative
proposals which will be considered.
1.5.2.8 The Enquiry document shall not be separated nor shall any pages
be detached from the original Enquiry.

1.6 Financial Qualifications
1.6.1 Rates Of Exchange (ROE) (when applicable) shall be clearly indicated at
tender stage. However, ROE shall only be fixed on the commencement date
of the Contract between the Parties.
1.6.2 Where rates are quoted for estimated quantities and manhours which are
remeasurable, the quantities and manhours shall be remeasured and the
rates applied to such remeasured quantities and manhours. In the event that
a Bill of Quantities is annexed to the Tender, Tenderers shall be obliged to
price on such Bill of Quantities. Where a Bill of Quantities is not included,
Tenderers Bill of Quantities included in the Tender should be computer
generated spreadsheets compatible with systems used by the Purchaser.
1.6.3 The cost of furnishing any guarantees required in terms of the Contract must
CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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be shown by the Tenderer as a separate item in the Tender.
1.6.4 A Performance Bond shall be provided in accordance with the General
Conditions of Contract, within 30 days of Contract or singing of the purchase
order.
1.6.5 The attention of Tenderers is drawn to the insurance provisions contained in
the General Conditions of Contract. Tenderers must not include premium
charges for insurances effected by the Employer and which cover the
Supplier.
1.6.6 Exclusive of any specific statement by the Tenderer to the contrary, all rates
and prices submitted relating to this Tender shall be deemed to be fixed and
firm. Should any whole or part of a tender be subjected to escalation, the
Tenderer shall state for what period prices shall be deemed to be fixed and
firm before escalation shall take effect and in addition provide full details of
rates associated with such escalation.
1.6.7 The Tenderer in submitting its tender shall clearly indicate through which of
the following two options business shall be conducted.
1.6.7.1 Option 1 - The Tenderer shall also indicate the minimum down
payment required to secure a fixed and firm price, especially if
Scope of Supply should not be off the shelf items, or should
material to be procured be prone to price increases. On such down
payment, material shall be procured. On payment of outstanding
balance ordered Goods shall become the property of Metix and the
Tenderer shall provide storage until such time material needs to be
transported to Site.
1.6.7.2 Option 2 On order placement full payment is concluded by Metix,
followed by the provision of a letter of cession to Metix. Storage
shall be provided in accordance with 1.7.1. The Tenderer shall
also give an indication of storage rates to be levied, should the
Goods be stored for a period in excess of 6 months.
Subject to the timely presentation of all documentary requirements
as detailed in Section 7 of this enquiry, Metix may retain an
amount of 5% of Contract value should the requested documents
not be ready and handed over on delivery of the ordered material
or equipment in terms of the Contract.
1.6.8 The Suppliers employees, agents, representatives and sub-Suppliers who
enter the Site must undergo a Site induction, as well as entry, annual and
exit medical examinations, and the cost of each of these must be clearly and
separately specified in the Tender.
1.6.9 Tenderers must provide a Tender Programme which includes key dates and
CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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detail for the execution of the Works, and which interfaces with the Contract
Programme contained in the Enquiry, as well as a Cash Flow Analysis.
1.6.10 Ex Works payments shall only be finalised with the conclusion of packing of
supplied material as well as supply of all required documents.

1.7 Storage and Delivery
1.7.1 The Tenderer in submitting its Tender, shall allow for free storage for a
period up to 2 months from completion of supply of ordered goods. Such
secure storage shall be at the premises of the Tenderer or an alternative
storage facility approved by the Purchaser.
1.7.2 The Tenderer shall allow and indicate in the tender, rates for prolonged
storage of such Goods beyond a period of 2 months, should it be required.

1.8 Adjudication
1.8.1 The Purchaser may require the Tenderer, at no cost to the Purchaser, to
provide additional technical and commercial information relative to its offer,
as well as clarification of the contractual aspects applicable to the offer.
1.8.2 The Purchaser reserves the right to reject or accept any or all proposals,
even though the technical details, specifications, price or completion date
specified in the rejected offers may be more favourable to the Purchaser
than the accepted offer(s).
1.8.3 The Purchaser is not under any obligation to accept the lowest priced
Tender or any Tender submitted. The decision of the Tender Committee will
be final and no discussion or alterations to the Tender will be accepted after
the closing date.
1.8.4 Tenderers are advised that other Tenders are being obtained for the Works
to be undertaken in terms of the Enquiry and the Purchaser is in no way
obligated to accept any of the tenders received. At the Purchasers
discretion, this Enquiry may be cancelled at any time and a new Enquiry
issued.
1.8.5 Tenderers are advised that preference may be given to Tenderers who
submit unqualified Tenders.

CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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1.9 Tender Acceptance
1.9.1 The Purchaser will not be liable for any costs, expenses or losses which the
Tenderer may incur in the preparation and submission of its offer.
1.9.2 The Purchaser reserves the right to split the Contract into sections. The
Purchaser may decide not to award all sections to one Tenderer.

1.10 Binding Effect
1.10.1 In the event of a Tenderer being successful, there shall be no contract of any
force or effect prior to signature of the Contract by both the Purchaser, and
the successful Tenderer (the Supplier).
1.10.2 In the event that, in the sole discretion of the Purchaser, a facsimile of the
Contract is to be signed, there shall be no Contract of any force or effect
prior to signature of such facsimile copy of the Contract by both the
Purchaser, and the Supplier. The copy of the Contract in the possession of
the Supplier, containing the Suppliers original signature, must then be
forwarded to the Purchaser as soon as reasonably possible after the
Signature Date for record purposes, and no payment will be made by the
Purchaser to the Supplier in terms of the Contract, prior to receipt by the
Purchaser of such copy.

1.11 General
1.11.1 Where reference is made to the Sub-Supplier; it refers to the Tenderer
during the tendering phase.
1.11.2 In these instructions and in all the Enquiry documentation, words and
expressions shall have the same meanings as are respectively assigned to
them in the General Conditions of Contract.
1.11.3 Additional information to be supplied by Tenderer





CLIENT: SAKURA FERROALLOYS
PROJECT: SAKURA HCFeMn AND SiMn SMELTER COMPLEX
DOCUMENT: INSTRUCTIONS TO TENDERERS



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1.12 Additional information to be submitted by Tenderer:

Additional Information to be submitted:
1
Production capacity
2
Previous and current client references
3
Current workload
4 Full details of Professional Indemnity and
business Insurance

5 Resolution confirming Authorisation of
Signatory

6 Letter of Good Standing (or similar) under
SOCSO Scheme/Workmans Compensation

7
BBB-EE certification (only RSA supply)
8
VAT/GST registration certificate
9
Tax clearance certificate


NAME: __________________________________________

SIGNED BY THE TENDERER: _______________________

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