INSTRUCTIONS TO TENDERERS

1.1 Acceptance of Tenders shall be subject to the sufficiency and completeness thereof.

1.2 Any Tenders not complying with Company’s Specifications as mentioned in the “Letter of
Invitation to Tender” or not including any of the required documents, information and
statements as identified herein and as aforementioned shall be rejected.

1.3 The Contract entered into between COMPANY and the successful TENDERER will be
based on the Tender Documents.

2 - RETURN OF TENDER DOCUMENTS

All Tender Documents are and shall remain the sole property of COMPANY.
Any TENDERER declining to tender shall do so via NIPEX portal prior to the closing date.

3 - TENDER STRUCTURE

The structure of the Tender shall be as stated in the "Letter of Invitation to Tender".

4 - QUERIES BY TENDERER

4.1 - If TENDERER finds any discrepancy, ambiguity or conflict in any of the Tender Documents,
TENDERER shall so inform COMPANY forthwith via the C-folder in NIPEX portal.

4.2 - All communications during the Tender period shall be via the following at the same
time: C-folder on NIPEX Portal, emails and/or letters. The email addresses shall be as
written in the Letter of Invitation to Tender.

4.3 - TENDERER shall not communicate with COMPANY after the submission of the Tender.
All information issued by COMPANY to TENDERER shall be circulated to all TENDERERS,
to the extent that such information is of interest to all TENDERERS.

5 - QUERIES BY COMPANY

COMPANY reserves the right to request TENDERER to provide such clarifications/

information as COMPANY may deem necessary to evaluate the Tender.

Any such clarifications/information shall be provided in writing via C-folder on NIPEX

PORTAL and/or letter, e-mail’.

The clarifications/information, agreed upon, provided in writing via C-folder (on

NIPEX) and/or letter and/or e-mail shall form an integral part of the Tender
Documents.

6 - TENDER SUBMISSION REQUIREMENTS

6.1 - Dispatch of the Tender

TENDERER shall submit her Offer to COMPANY through NIPEX Portal at the closing date
to be advertised in the NIPEX Portal:

6.1.1 - “Technical Tender/Un-priced Commercial Exceptions

Instruction to Tenderers – NIPEX No.00000078

 This comprises of:
The Tender (attachments included) prepared on the basis of the "Letter of
Invitation to Tender" and un-priced and;

Conformance Certificate (Appendix “I” -) except in cases where there are no

exceptions and;

A document containing the information required in the “Letter of Invitation to

Tender” and draft “Form of Agreement” and;

Tenderers’ Plans for Nigerian Content Development

The “Technical/Un-priced Commercial Exceptions and Nigerian Content Plan”

with the documents above shall be submitted via NIPEX Portal to COMPANY at
the closing date to be advertised in the NIPEX PORTAL. Failure to submit at
the closing date of the tender on the NIPEX PORTAL shall lead to
disqualification as the system does not allow any tender to be submitted
thereafter.

6.1.2 - “Commercial Part”

The Tender containing the tendered Prices: The tendered Prices shall be solely
indicated in the Appendix “A” (Compensations) and in the Appendix “B”
(Contractors’ Price List if necessary),
In no case shall the Prices be shown in any part of the Tender other than as
aforesaid.
The “Commercial Part” shall be submitted via NIPEX Portal to COMPANY at the
closing date to be published in the NIPEX PORTAL.
Failure to submit at the closing date of the tender on the NIPEX PORTAL
shall lead to disqualification as the system does not allow any tender to be
submitted thereafter.
Commercial tender documents will be published to only bidders who are
deemed qualified after evaluation of bids received during the tender
technical tender stage.

On no account should the tender be submitted to any place other than NIPEX Portal based on
COMPANY’s instruction hereinabove.

6.2 - Late Tender

Any tender, not submitted on NIPEX Portal at the closing date shall be rejected
automatically as tenderer will not be able to upload after the closing date.

6.3 - Tender Validity

The Tender shall remain valid for two hundred and forty (240) days from the Tender Closing
Date.

6.4 - Tender terminology

In preparing the Tender, TENDERER shall ensure consistency with the terminology used in
the Tender Documents.

7 - QUALIFICATIONS

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Instruction to Tenderers – NIPEX No. 00000078
7.1 - Any qualifications to the Tender documents (Commercial or Technical) shall be clearly and
individually identified in one section of the Tender submission headed “Qualifications.”

7.2 - Any Qualifications to the Contract Conditions shall be clearly stated and identify the clauses
affected together with the requested alteration to the wording of the Clause and any other
wording or document affected by the proposed alteration.

7.3 - Any Qualifications to the Scope of Work, Technical Documents, Procedures, QA

Requirements etc. shall be separately stated clearly identifying the areas qualified and
suggesting amendments to the relevant parts affected by each such Qualification.

7.4 - COMPANY shall have the right to consider the proposed Qualifications or to reject all of part
thereof. In case of rejection TENDERER shall be requested to withdraw the proposed and
unaccepted Qualification(s).

8 - COSTS OF TENDER

All costs of Tender preparation, submission and negotiation shall be borne solely by
TENDERER.

9 - TENDER EVALUATION BY COMPANY

9.1 - The principle adopted by COMPANY for the award of the Contract is stated in the "Letter of
Invitation to Tender".

9.2 - No information will be given by COMPANY on the progress of the Tender evaluation.

9.3 - Each TENDERER may be informed by COMPANY in writing as to whether or not its Tender
has been successful.

10. COMMUNITY AFFAIRS AND BLOCKADES

The TENDERER shall include in his TENDER package a complete strategy for handling
various local communities, unions, bodies, associations etc

TENDERERS shall take all means to become familiar with the Community Situations in the
local areas of WORKSITE (COMPANY’s nominated location) during preparation of TENDER.

11 - CONFIDENTIALITY AND ETHICAL BUSINESS STANDARDS

11.1 - Confidentiality

TENDERER undertakes and agrees:

- To treat all material information related to the Tender as strictly confidential and to take
all reasonable and practicable steps to ensure and protect the confidentiality thereof,
and not to disclose the existence or content thereof (whether in full or in part or in
extract or summary form) to any other person, except to COMPANY;

- Not to exploit any material information supplied by COMPANY;

- Not to use any material information or make copies or extracts or summaries thereof for
any purpose, except the preparation and submission of Tender and supporting
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Instruction to Tenderers – NIPEX No. 00000078
 documents in connection with any COMPANY-proposed Contract, and any necessary
correspondence, discussion or negotiations with COMPANY during the Tender phase.

11.2 - Ethical business standards

TENDERER undertakes and agrees:

- not to pay any commission, fees or grant any rebates to any employees or officers of
COMPANY;
- not to enter into any business arrangements with employees or officers of COMPANY
likely to result in conflicts of interest between their private financial activities and their
part in the conduct of COMPANY business;

- not to engage in any outside interest or activity likely to detrimentally affect, or conflict
with, COMPANY'S best interests;

- not to favour any employees or officers of COMPANY with gifts, transportation, entertai-
nment or any other non-monetary favours or gratuities that are of more than nominal
value or that might be construed to exceed customary courtesies extended in
accordance with accepted ethical business standards.

12. CO-ORDINATION WITH OTHER CONTRACTORS

Where CONTRACTOR is to perform field work in Company’s premises or Facilities,

CONTRACTOR shall give his best attention to interface, co-operate and co-ordinate with other
Contractors working at the site in such a way as to ensure the timely and effective completion
of his scope of work, and the complete Project as per the Project Execution Plan.

13 - SIGNATURE AND EVIDENCE OF AUTHORITY

13.1 - Signature
The Tender shall be signed by the person or persons authorized to legally bind the
TENDERER and shall be dated.

13.2 - Evidence of authority

If requested by COMPANY, satisfactory evidence of the authority of the person or persons

signing on behalf of TENDERER must be furnished.

14 - COMPANY’s CONTACT PERSON

Eunice Uba
eunice.uba@naoc.agip.it
07050178493

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End of Instruction to Tenderers

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Instruction to Tenderers – NIPEX No. 00000078