UZBEKISTAN GAS TO LIQUID PROJECT (UZGTL)

EPC CONTRACT
ITB ATTACHMENT 1 FORMS OF BID

DOCUMENT AND REVISION NUMBER:

UZGTL-COM-F2-0104

Rev

Revision Description

Date

Prepared By

Checked

Approved

Issued for Comment

10 Sept 2012

Vishal Maharaj

Manfred
Lepping

S Macnamara

Issued to Bidders

20 Sept 2012

Saidjon Umedov

Vishal Maharaj

S Macnamara

This document and its attachments, if any, contain confidential and proprietary information belonging or entrusted to
UZBEKISTAN GTL LLC. The intended recipient(s) shall not divulge this information to any third party or sell, trade, publish, reproduce
or reverse engineer any of the information contained herein, in any manner, without UZBEKISTAN GTL LLCs prior written consent,
and shall not put in use the information for any purpose unrelated to that for which it has been provided. Any disclosure and use of
the contents hereof shall be further subject to any subsisting confidentiality undertakings between UZBEKISTAN GTL LLC and the
intended recipient(s). The copyright in this document and its attachments, if any, is owned by UZBEKISTAN GTL LLC or its licensors,
and any reproduction or adaptation thereof shall require UZBEKISTAN GTL LLCs express prior written approval.

UZBEKISTAN GTL EPC CONTRACT

ITB ATTACHMENT 1
FORMS OF BID

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1. FORM OF UNDERTAKING TO BID

Company or Consortium or Joint Venture Company (Name of Bidder)
Uzbekistan GTL Project EPC Bid
Uzbekistan GTL LLC
Business Centre Poytaxt,
16 Sharafa Rashidova Street,
Tashkent, 100029, Republic of Uzbekistan
Tel: + (998 71) 140-53-17; Fax: + (998 71) 140-53-11;
E-mail: epc@oltinyolgtl.com

For the attention of the Chairman of the Tender Committee

Dear Sir,

UNDERTAKING TO BID
With reference to the Invitation to Bid (Document No. UZGTL-COM-F2-0094) issued to [Bidders
name] (hereinafter the "Bidder") for proposals for the engineering, design, procurement and
construction of the Uzbekistan GTL (UZGTL) Project, including commissioning and startup
support as specified in the Scope of Work, we hereby give an undertaking that we will submit a
Bid in strict and full compliance with the requirements of the Invitation to Bid.

Yours faithfully,

Signed.........................) For and on behalf of

Name...........................)
Date...........................)

[In the case of a consortium, an authorised representative of each partner shall sign this
undertaking]

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ITB ATTACHMENT 1
FORMS OF BID

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2. COMPOSITION OF BID PACKAGES

Bidder shall submit the original Form of Bid plus Attachments forming the Unpriced Commercial,
Technical and Priced Commercial Proposals with the returnable schedules as indicated below:
a) Priced Commercial Proposal
The Priced Commercial Proposal shall comprise the following sections: i.

Form of Bid (copy)

ii.

Exhibit 2 Contract Price & Prices for Change in the Work

iii.

Prices for Technical Variations [optional]

iv.

Prices for Commercial Variations [optional]

b) Unpriced Commercial Proposal

The Unpriced Commercial Proposal shall comprise the following sections:i.

Form of Bid (original)

ii.

Exhibit 3 Form of Performance Bond and Advance Payment Bond

iii.

Exhibit 4 Parent Company Guarantee

iv.

Exhibit 5 Insurance Schedule

v.

Exhibit 11 Proforma Direct Agreement (Financing)

vi.

Exhibit 12 Proforma for the Novation Agreement

vii.

Exhibit 13 ECA Financing and Tax

viii.

Unpriced Commercial Variations [optional]

ix.

Alternative Bid(s) [optional]

x.

Consortium Agreement [optional]

xi.

Power of Attorney

xii.

Copy of Bid Bond

c) Technical Proposal
The Technical Proposal shall comprise the following sections:-

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i.

Exhibit 1 Contract Programme

ii.

Exhibit 10 Contractors Execution Plan

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ITB ATTACHMENT 1
FORMS OF BID
iii.

Page ITB-Att1-4
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Date 2012-09-20

Unpriced Technical Variations [optional]

3. FORM OF BID
Company or Consortium or Joint Venture Company (Name of Bidder)
Uzbekistan GTL Project EPC Bid
Uzbekistan GTL LLC
Business Centre Poytaxt,
16 Sharafa Rashidova Street,
Tashkent, 100029, Republic of Uzbekistan
Tel: + (998 71) 140-53-17; Fax: + (998 71) 140-53-11;
E-mail: epc@oltinyolgtl.com
For the attention of the Chairman of the Tender Committee
Dear Sir,
UZBEKISTAN GAS-TO-LIQUIDS PROJECT

Having examined the Bid documents for this Project issued as together with Bid Bulletins
numbers ...... [list to be inserted by Bidder] provided to us by Owner, we the undersigned (herein
referred to as Bidder) hereby warrant that we are fully capable and experienced to undertake
the Work for this Project and offer to execute the same in accordance with the Bid documents for
the prices and in accordance with the terms and conditions set out in this Form of Bid.
Unless otherwise stated, a capitalised terms used in this document have the meanings given to it
in the Conditions of Contract (Attachment 11 of the Instructions to Bidders).

1. Scope of Work
Bidder confirms that this Bid includes all Work, Services, Equipment and Materials, Temporary
Facilities and other things of whatever nature as may be necessary for the completion of the
Project in full accordance with the requirements set out in the Bid documents and in full
compliance with the Conditions of Contract.

2. Contracting Entities
If this Bid is accepted, Bidder proposes that the Contract shall be executed in the name(s)
stated on this Form of Bid, and the companies constituting the Contractor, shall be jointly and
severally liable for the execution and completion of the Work in accordance with and in full
compliance with the Conditions of Contract.

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ITB ATTACHMENT 1
FORMS OF BID

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Date 2012-09-20

3. Compliance with Bid documents

This Bid is in strict accordance with the Conditions of Contract.
Bidder confirms that the above statements shall take precedence over anything contained
elsewhere in this Bid to the contrary.
*

Bidder further proposes Technical Variations to the Scope of Work only as described

in Attachment 8 and the cost impact included separately in the Priced Commercial Proposal
and understands that Owner may at its option and its sole and unfettered discretion either
accept or reject any or all of these proposed Technical Variations.
*

Bidder further proposes Commercial Variations to the Scope of Work only as

described in Attachment 9 and the cost impact included separately in the Priced Commercial
Proposal and understands that Owner may at its option and its sole and unfettered discretion
either accept or reject any or all of these proposed Commercial Variations.

4. Prices
Bidder hereby offers to perform the complete Scope of Work as defined in the Bid documents,
for a fixed and firm non-escalating lump sum price as quoted in Exhibit 2 of the Conditions of
Contract, which price shall not be subject to any form of adjustment by reference to any
currency exchange rates whatsoever.
The quoted prices are inclusive of all applicable taxation, whether in the Republic of
Uzbekistan or elsewhere and Bidder has noted the content of Exhibit 13 of the Conditions of
Contract in respect of Uzbekistan Taxes.

5. Conditioned Vendor Bids

Bidder has provided conditioned bids as per sections 5.19 and 5.20 of the Instructions to
Bidder for key items of equipment from at least three Vendors taken from the Vendor List and
has included them together with technical correspondence/clarifications/bid evaluation/etc. in
the Contractors Execution Plan (Exhibit 10 of the Conditions of Contract).

6. Novation of Proprietary Equipment Supply Agreements and Site Preparation contract

Bidder hereby agrees to accept the novation of the agreements for the supply of the Sasol
and the Haldor Topse proprietary equipment and the Site Preparation contract.

Bidder

confirms and undertakes that it has been supplied with and has read the applicable

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ITB ATTACHMENT 1
FORMS OF BID

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agreements/contract concluded by the Owner. Until the Completion Date, Bidder accepts all
the liabilities of the Owner (as having been novated) under such agreements/contract
(including any claims, damages, losses, liabilities of whatsoever nature arising prior to or after
the novation and any other demands whatsoever arising out of or in respect of such
agreements/contract prior to the Effective Date) and agrees to perform all the duties and
discharge all the obligations of the Owner under it as if Bidder had been the original
contracting party and under the terms of the Novation Agreement (Exhibit 12 to the Conditions
of Contract). Bidder agrees to be bound by all the terms and conditions in every way as if it
were named as Owner in those agreements/contracts.

7. Currency
The Bid Prices are quoted in United States Dollars.

8. Payment
Bidder accepts the terms of payment as set out in the Conditions of Contract and in
accordance with Milestone Schedule included in Exhibit 2 of the Conditions of Contract.

9. Contract Programme and Milestones

Bidder undertakes to commence the Work immediately upon the Effective Date of the
Contract and to execute same with diligence and despatch in strict accordance with the
Milestones as set forth in the Bid documents and the Contract Programme included herein
and in full compliance with the Conditions of Contract.

10. Proposed Subcontractors

*Bidder does not intend to have any part of the Work under the Contract performed by a
Subcontractor.
OR
*Bidder intends to subcontract parts of the Work under the Contract and attaches details of
proposed Subcontractor(s) and the Work to be subcontracted in the Contractors Execution
Plan (Exhibit 10 of the Conditions of Contract).
[* Bidder to delete whichever is not applicable].

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ITB ATTACHMENT 1
FORMS OF BID

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Date 2012-09-20

11. Litigation
Bidder, including each partner of the consortium if applicable, represents and covenants that
there is no legal action, arbitration or similar proceedings in progress, threatened or pending
against it which, if adversely determined, would impair Bidder's ability to execute the Work.
Bidder further confirms that it has obtained similar representations and covenants from any
nominated Subcontractor.
12. Conflict of Interest
Bidder, including each partner of the consortium (if applicable), confirms that it has no conflict
of interest that will inhibit, or in any manner whatsoever impact or frustrate the execution of
the Work.

Bidder further confirms that he has obtained similar confirmation from any

nominated Subcontractor.

13. Legal and Technological Restrictions

Bidder confirms that the entry into and/or the execution of the Contract (i) will not violate any
provision of applicable law or government directives, or Bidders (or any Partners)
constitutional documents and (ii) will not violate or cause a default of any agreement,
technological or otherwise, to which Bidder (including any of the consortium partners) (and/or
Bidder's nominated Subcontractor(s))* are/is party to.

14. Release of Information

Bidder agrees to hold all information pertaining to the Project, Owners Bid documentation
and the Bid in strict confidence and will abide by the terms and provisions of the
confidentiality agreement entered into on [XX] 2012.

In addition, any media release

pertaining to the Project requires written approval by Owner prior to the release of such
information.

15. Contact with Republic of Uzbekistan Authorities

Bidder warrants that Bidder has obtained or will obtain Owner's written approval prior to
entering into any form of discussion, engagement or negotiation (related specifically to the
Project) with any Uzbekistan Authorities, in view of obtaining any concession(s), waivers,
exemptions or to develop acceptance or variations or revisions to any Law or any
requirement, ordinance, rule or regulation of any such Uzbekistan Authorities.

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FORMS OF BID

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16. Owner's Right to Accept and to Reject Bids

Bidder understands and agrees that Owner has the sole right at its option and its sole and
unfettered discretion to select or reject any Bid and is not bound to award Bidder a contract
for the performance of the Scope of Work to the lowest bidder or to any Bidder as a result of
the solicitation of Bids.
Bidder confirms that this Bid comprises its entire Bid and is issued in complete suppression of
any comments, reservations or requirements contained within Bidder's prequalification
submission or other correspondence.
Bidder further understands and agrees that Owner's decision in the selection of the
successful bidder shall be final and Owner is not, for any reason whatsoever, nor shall be
obliged to state the reason for its selection decisions nor enter into any correspondence with
unsuccessful bidders.

17. Further Information

Bidder undertakes to provide such further information as may reasonably be requested by
Owner in connection with this Bid. Such further information shall be provided as if it formed
part of this Bid.

18. Bona Fide Bid

Bidder undertakes and agrees that it shall be a condition of being awarded the Contract, that
this is a bona fide Bid, intended to be competitive and that Bidder has not fixed or adjusted
the amount, or price of the Bid by, or under, or in accordance with any agreement or
arrangement in any form with any other person in connection therewith.
Bidder also certifies that Bidder has not performed and undertakes that Bidder will not
perform or omit to perform or do any of the following:
a) Prior to Bid submission date, communicate to a person the amount or approximate
amount of the proposed Bid;
b) Enter into any agreement or arrangement with any other person to withdraw its Bid or
reveal the amount of any Bid submitted or reveal the details of any supplementary or
revised Bids; and
c) Offer to pay or give, or agree to pay or give, any sum of money or any form of
consideration or benefit or compromise, directly or indirectly to any person for not doing,

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FORMS OF BID

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Date 2012-09-20

omit in doing something, doing, or having done, or causing, or having caused to be done
in relation to any other bid or proposed Bid for the said Contract any act or thing of the
sort described above.
In this certification "person" includes any persons and any body or association, corporate or
incorporate and "any agreement or arrangement" includes any such transaction formal or
informal whether legally binding or not.

19. Bid Documents

This Bid consists of the following documents:
[Bidder to provide complete list of all Attachments to the Form of Bid which are contained in
his Bid]

20. Guarantees
Bidder undertakes that if awarded the Contract it will provide the Advance Payment Bond and
Performance Bond in the amounts and in the form as set forth in the Exhibit 3 of the
Conditions of Contract.

21. Validity of Bid

This Bid shall remain valid for Owner's acceptance until [13 August 2013].
[*Or as amended via Bid Bulletin].*

Dated this

day of

2013,

at
Signed
in the capacity of
duly authorised to sign this Bid
for and on behalf of
Address

Witness

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ITB ATTACHMENT 1
FORMS OF BID
[Note: All Partners in the Consortium are to sign.]

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