GENERAL TENDERS CONDITIONS

1. Prices shall be quoted in Qatar Currency, unless otherwise stipulated in the tender documents.

2. Prices shall be valid for 90 days from the date of opening of the Tender.

3. The bid must include fixed lump-sum prices. and must be including all expenses such as entailing transportation, insurance, Custom duties. Taxes and other expenses incurred until the place of delivery specified in the tender documents.  

4. The Tenderer must submit a list of spare part prices if so stipulated in the tender documents, and state the amount of annual consumption, provided that these prices are maintained during the period specified in the tender documents.

5. All items stated in the bill of quantities must be priced and the lump-sum price quoted in the tender form will be considered as including the prices of all the required items. 

If certain items are not priced, the Tenderer shall nevertheless, be obliged to supply such items, and shall be considered to have taken in his account, such items when submitting his lump-sum price; unless the Tenderer gives sufficient reasons for non pricing of such items. In the event of partial award of tender, the Tenderer who has not priced such items. shall be considered as abstaining from tendering with respect to such items.

6. The total price quoted in the tender form shall only be considered. No attention shall be given to any other figures or errors committed by the Tenderer in calculating his total price. The Tenderer shall not be allowed to make any amendments to his price after submitting his tender. Should the arithmetic error exceed 5% of total price, the tender shall be excluded unless the Committee decides to accept it for reasons of public interest.

Should the amount stated in words differ from the amount stated in figures, the lesser amount will be endorsed.

Without prejudice to the general principle of accepting the lump-sum price, and if it was ascertained after examining the bid that the individual prices and their items did not correspond to the lump-sum price, the lump-sum price would be endorsed, unless the error therein involved an increase over the total of the individual prices and their items, in which case the correct total would be endorsed.

7. The Tenderer must support his bid with the necessary catalogues or drawings or illustrative maps to confirm that his bid conforms with the technical specifications. Should the tender documents call for the submission of a specimen, it must be presented to the party calling for tenders or any other party stipulated in the tender documents; against a receipt to be attached to the tender documents upon delivery.

The Committee reserves the right to exclude the bid if it does not include the required specimens, catalogues or illustrative drawings.

8. The necessary insurance, covering all risks, shall be effected with a national insurance Company operating in the country .

9. The Tenders Committee reserves the right to discard any bid whose presenter is not registered in the Commercial Register at the Ministry of Finance and the Qatar Chamber of Commerce and other registers. The Committee may also exclude any bid that does not abide by the provisions of the Commercial and economic laws and the provisions of the law of Boycott of Israel applicable in the State of Qatar

10. The Tenderer may not withdraw his offer or amend his prices after the closing date of the tender and he shall be committed to the prices and conditions stated in his bid before the amendment. In the event of his withdrawing his offer he shall be subject to the application of provisions of Article No.44 of Law No.8 of the year 1976 concerning the organization of Tenders and Public Auctions.

a) Warning.

b) Reduction in grade of Classification

c) Omission of his name from the register for a definite period or permanently.

d) Confiscation of tender bond.

11.The Tenders Committee shall have the right to award the whole tender or part of it to one or more Tenderers if it is deemed by the committee that such action will serve the public interests.

12. Party calling for supply of materials or works reserves the right, during the period of contract, to increase or decrease the quantities and amount of materials or works and their value up to 20% of the contract value in accordance with the conditions and prices of that contract.

13. The Tenderer who has been awarded the tender must, following his notification by the Tenders Committee, immediately and in coordination with Government party concerned and submit the performance bond, and complete the necessary arrangements and sign the contract. This must be completed within one week from the date of notification of the award. Should the Tenderer fail to submit the Performance bond within the period specified in the conditions of the Tender, the Tenders Committee may recommend the cancellation of his bid and the confiscation of his tender bond and levying upon him the penalties provided for in the Law of tenders.

14. The Tenders Committee reserves the right to exclude any bid without assigning any reason for doing so.

15. In shipping the commodities supplied in accordance with the tender, priority must be given to national Qatari Navigation Companies, followed by the United Arab Navigation Company, in accordance with the conditions stated in the announcement issued by the Ministry of Finance 17.6.1402 AH, and published in the official Gazette, issue No.3 of 21 Jumada 11 of 1402 AH. Supplier undertakes to use Qatari Air-crafts in transporting of the required equipments and materials if the contract requires such a method of transportation or supplier intends to use such method according to circular No.1 /14/86 issued by the Ministry of Communications and Transportation.

16. The Tenderer undertakes to complete and deliver all works and materials as per the dates specified in the tender documents which shall commence from the date of coming into force of this contract upon the date of signature by both parties.

17. The Government party concerned shall designate an individual to supervise the execution of the works, and the tenderer must comply with the instructions given to him in this respect.

18. The delivery of materials and the completion of works must be made at the time and Location specified in the tender documents in the presence of a representative of the Government party concerned provided that such materials and works are in accordance with the specifications and prices submitted in the bid and that they are supported by the following documents:-

a) Invoices of the supplied materials.

b) A detailed list showing every item supplied or executed and the price thereof .

c) A notice of execution and delivery.

d) A bill of lading duly signed according to recognized rules.

e) A copy of the insurance policy covering the materials.

f) A certificate of origin endorsed by the local Chamber of Commerce of the country exporting the materials.

g) A certificate by the supplier confirming that the items have not been manufactured in Israel and that any of the components thereof have not been manufactured in Israel.

h) If the items were manufactured in West Germany, the above mentioned certificate must indicate that these items have no relation to indemnities that are being paid in Germany to Israel.

i) A certificate confirming that the vessel on which the items have been shipped is not on the Israel Boycott Blacklist and that it shall not pass through or anchor at any Israeli port.

19. The Contractual amounts will be paid in the following manner. unless otherwise stipulated in the tender documents.

a) Conditions of payment of the value of equipment and machinery:

-80% of the value of equipment will be paid upon the arrival of the equipment to the site against the shipping documents and acceptable bank guarantee that must be valid until the final acceptance certificate has been issued.

-10% of the value of equipment will be paid after the presentation of the acceptance certificate.

-10% of the value of equipment will be paid 12 months after the issue of the final Acceptance certificate.

b) Conditions of payment of installation expenses:

-90% of the value of installation costs will be paid in instalments the value of each being proportional to works correctly completed, as certified by the authorised engineer .

-The remaining 10% of the installation value will be paid 12 months after the issue of the final acceptance certificate.

c) As regards Tenders for supply of other materials, 10% of the total contract price shall be retained as guarantee for maintenance. This amount shall be paid to the supplier after the expiration of the maintenance period as stipulated according to the nature of the required materials.

d) As regards items not requiring installation nor commissioning and commercial convention don't require any guarantee not warrantee, payment shall be made in full upon delivery .

20. Supplier should deliver the Materials and install the Machinery, Tools or Equipments within the specified delivery period. In event of delay, he shall be liable to a fine of 1% of the total price of the contract per day/week or part of a week. The amount of the penalty imposed shall not exceed 10% of the total price of the contract.

21. The Government party concerned shall through the competent branch, inspect the materials and examine the works executed to ascertain whether they conform to the specifications. If the materials and works are found to be conforming with specifications, the contractor shall proceed with the execution. The government party concerned shall have the right to reject any materials or works which do not conform with specifications, and the Tenderer shall bear the consequences of such rejection due to his non-compliance with the specifications of the tender. The Tenderer shall remove the rejected works and materials, and withdraws the equipments from site within 15 days from the date of inspection. Failing to do so shall oblige the supplier to pay demurrage charges at the rate of 1/2% of the value thereof for every day of delay up to 30 days, after which the government party concerned shall be entitled to sell them and deduct from the proceeds all charges and expenses incurred. The Government party concerned shall not be liable for any damage which may occur to such items for any reason whatsoever until the date of their sale or withdrawal by the Tenderer .

22. The contractor shall be responsible for any latent defects that may appear in the supplied materials or equipment or in the installation thereof after the final acceptance of the project if the Government party concerned realized that these defects have not been discovered because of deception committed by the Tenderer.

23. The contractor must ensure the supply of the spare parts necessary for the instruments, equipment and machinery for the period of ………………….  (To specify the Period in years)

24. The contractor himself shall execute the contract and he may not assign it wholly or in part, or authorize any other person to execute it without the written consent of the Government party concerned and in the event of approving the assignment of work wholly or in part, the contractor shall guarantee proper execution by the assignee to his obligations and both the Tenderer and the assignee shall be jointly responsible for such execution. Previous rules shall be applicable on sub-letting.

25 -If the event of Second Party ( Contractor) shall fail to supply the items within the time provided for in the contract or tender documents or after additional period of time granted for the supply of such items, the First Party (Government) shall be entitled to take one of the following measures :

a) Purchase the items, which the Contractor failed to supply on the contractor's expenses. Any increase in the purchase price together with penalty for delay shall be deducted from any money due to the Contractor with the Government. If the purchase price is less than the agreed price, the contractor shall not be entitled to claim the difference. The Government shall also have the right to impose and deduct penalty for delay and the Contractor shall be liable for any damages incurred by reason of such default.

b ) Termination of contract and confiscation of performance bond without prejudice to the right of the concerned Government authority to claim compensation in addition to imposition of other penalties provided for in article (44) of law No 7 of the year 1976 concerning the Organisation of Tenders and Public Auction or any Subsequent Amendments ).

26. In the event of the death of the supplier, his heirs may continue the execution of the contract unless personality deceased has been taken into consideration in concluding the contract or unless the heirs lack sufficient technical or financial guarantees.

27. In the event that the supplier, being a company and the company is dissolved for any reason, the contract shall terminate taking into account the provision of the relevant Law in this respect.

Should the supplier become bankrupt or insolvent or should a court judgement be passed declaring his bankruptcy upon the request of creditors, the Government may take one of the following measures:

a) Terminate the contract by formally notifying the supplier or telling the liquidator or similar person without prejudice to the right of Government to employ another supplier to complete the work without affecting the rights of others according to these conditions.

b) Give the liquidator or any other similar person the option of continuing the execution of this contract provided that he shall submit a bank guarantee for the proper execution of the contract according to the terms in the best herein contained.

28. Any Dispute which may arise between the two parties shall be exclusively settled by Qatari Courts of Justice.

29- The General Technical Conditions applied by the Ministry of Municipal Affairs & Agriculture and the General Technical Conditions applied at the Ministry of Energy, Industry,Electricity and Water will be considered complementary to these conditions in all tenders for public works.

30. Provisions of Law No.8 of 1976 and its all subsequent amendments concerning the organization of tenders and public auctions shall apply to all matters not specifically provided for in these conditions.

31. Supplier must abide by Law No.6 of 1987 concerning the unified regulations which give priority for Govt. purchases to national products and products of CCASG origin.

Note:This form is written in arabic language and translated into english language. in case any difference or dispute shall arise in connection with the interpretation of the text, then the arabic text shall prevail.

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