1. Bidder kindly request you to provide list of all the necessary approvals, permits, and NOC's for construction purpose. - Please confirm.
2. Bidder understand that Environmental Clearnace, Construction permit. approvals, consent, license,etc from local government agencies will be in employer scope. - Please confirm.| 1. Bidder kindly request you to provide list of all the necessary approvals, permits, and NOC's for construction purpose. - Please confirm. |
| :--- |
| 2. Bidder understand that Environmental Clearnace, Construction permit. approvals, consent, license,etc from local government agencies will be in employer scope. - Please confirm. |
1- The Contractor shall be responsible for identifying, obtaining, and maintaining all necessary approvals, permits, and No Objection Certificates (NOCs) required for the design and construction activities throughout the duration of the project.
2- Employer will provide the environmental permit /clearance from the Ministry of Environment in the Republic of the Congo, following their approval of the submitted ESIA report.| 1- The Contractor shall be responsible for identifying, obtaining, and maintaining all necessary approvals, permits, and No Objection Certificates (NOCs) required for the design and construction activities throughout the duration of the project. |
| :--- |
| 2- Employer will provide the environmental permit /clearance from the Ministry of Environment in the Republic of the Congo, following their approval of the submitted ESIA report. |
FOC- 5, 6.7.2 Site Condition Pg - 25/224
The Contractor shall not be entitled to any change in the Completion Date or the Key Milestone Dates or any increase in the Contract Price or any other relief under the Contract that is based on Contractor's failure to comply with the provisions of Clause 6.7.1, except and to the extent the claimed relief is based on:
(a) the sub-surface geological / geotechnical conditions being materially different from the information, if any, provided by the Employer; and/or
(b) the presence below ground of any man-made obstructions, utilities or facilities, except to the extent already identified in the Employer's Information and except which a competent contractor could reasonably infer from a visit to the Site without the need of sub-surface investigations.| FOC- 5, 6.7.2 Site Condition Pg - 25/224 |
| :--- |
| The Contractor shall not be entitled to any change in the Completion Date or the Key Milestone Dates or any increase in the Contract Price or any other relief under the Contract that is based on Contractor's failure to comply with the provisions of Clause 6.7.1, except and to the extent the claimed relief is based on: |
| (a) the sub-surface geological / geotechnical conditions being materially different from the information, if any, provided by the Employer; and/or |
| (b) the presence below ground of any man-made obstructions, utilities or facilities, except to the extent already identified in the Employer's Information and except which a competent contractor could reasonably infer from a visit to the Site without the need of sub-surface investigations. |
FOC- 5, 6.11.9 - Construction of Related work, Pg - 30/224
(a) permit and facilitate the execution of the Related Works at the Site by the Related Works Contractors;"| FOC- 5, 6.11.9 - Construction of Related work, Pg - 30/224 |
| :--- |
| (a) permit and facilitate the execution of the Related Works at the Site by the Related Works Contractors;" |
投标人要求您提供在现场进行相关工作所需的所有施工许可证和设施。- 请确认。
TB-02
上述条款涉及承建商有义务协调和促进其他潜在承建商在工地开展的活动的相关工程。
N
合同不变
SI Query Reference QUERY TB / TC No AD Ports ANSWER Change to contract (YIN)? DESCRIPTION OF CHANGE TO CONTRACT
1 FOC- 5.Key Provision,SI:1 (Advance Payment amount) (percentage of the Contract Price), Pg - 03/224 Bidder kindly request you to consider the Mobilization/Advance payment 20% of the Accepted Contract Price being interest free in single slot payment. TB-02 Mobilization/Advance payment shall remain as per SI. 1 of Key Provisions N No change to Contract
2 FOC- 5. Key Provision,SI: 2 Advance Payment recovery rate (percentage of gross payment), Pg - 03/224 Bidder Understands that recovery of 10% interest free Advance payment start after 20% work done value & end at 80% of work done value completed - Please confirm. TB-02 Advance Payment shall be progressively recovered at the rate stated in SI. 2 of Key Provisions N No change to Contract
3 FOC-5.Key Provision,SI: 4, Commencement Date, Pg - 03/224 Bidder kindly request you to share tentative "commencement date." TB-02 Commencement date shall be within the Bid validity period as stated in ITT Particulars N No change to Contract
4 FOC- 5.Key Provision, S1:9 , Delay Liquidated Damages, , Pg 04/224 Bidder kindly request you to reduce the Overall cap on Liquidated Damages from 10% of the Contract Price to 5% of the Contract Price. TB-02 Refer SI. 9 of Key Provisions for Delay Liquaded damages N No change to Contract
5 FOC-5.Contractor's General Obligations, 6.1.2 Pg - 22/224 "1. Bidder kindly request you to provide list of all the necessary approvals, permits, and NOC's for construction purpose. - Please confirm.
2. Bidder understand that Environmental Clearnace, Construction permit. approvals, consent, license,etc from local government agencies will be in employer scope. - Please confirm." TB-02 "1- The Contractor shall be responsible for identifying, obtaining, and maintaining all necessary approvals, permits, and No Objection Certificates (NOCs) required for the design and construction activities throughout the duration of the project.
2- Employer will provide the environmental permit /clearance from the Ministry of Environment in the Republic of the Congo, following their approval of the submitted ESIA report." N No change to Contract
6 FOC-5, 6.6 Access to & use of the site Pg - 24//224 Bidder kindly request you to provide access to & use of the site within 14 days after issuing LOI. - Please confirm. TB-02 Refer Access Milestone C1 [Provision of Access to Site by Employer] from Section-A: Key Milestone Dates, Annexure 5 of FOC N No change to Contract
7 "FOC- 5, 6.7.2 Site Condition Pg - 25/224
The Contractor shall not be entitled to any change in the Completion Date or the Key Milestone Dates or any increase in the Contract Price or any other relief under the Contract that is based on Contractor's failure to comply with the provisions of Clause 6.7.1, except and to the extent the claimed relief is based on:
(a) the sub-surface geological / geotechnical conditions being materially different from the information, if any, provided by the Employer; and/or
(b) the presence below ground of any man-made obstructions, utilities or facilities, except to the extent already identified in the Employer's Information and except which a competent contractor could reasonably infer from a visit to the Site without the need of sub-surface investigations." Bidder kindly request you to consider EOT & associted cost towards the changes of rely upon data. - Please confirm. TB-02 Refer Clause 6.5.3 for errors in the Rely-upon Information N No change to Contract
8 "FOC- 5, 6.11.9 - Construction of Related work, Pg - 30/224
(a) permit and facilitate the execution of the Related Works at the Site by the Related Works Contractors;"" Bidder request you to provide the all the required construction permits & facilities for the execution of the related works at the site. - Please confirm. TB-02 The referenced clause pertains to the Contractor's obligation to coordinate and facilitate Related Works of other potential Contractors' activities at the Site. N No change to Contract| SI | Query Reference | QUERY | TB / TC No | AD Ports ANSWER | Change to contract (YIN)? | DESCRIPTION OF CHANGE TO CONTRACT |
| :---: | :---: | :---: | :---: | :---: | :---: | :---: |
| 1 | FOC- 5.Key Provision,SI:1 (Advance Payment amount) (percentage of the Contract Price), Pg - 03/224 | Bidder kindly request you to consider the Mobilization/Advance payment $20 \%$ of the Accepted Contract Price being interest free in single slot payment. | TB-02 | Mobilization/Advance payment shall remain as per SI. 1 of Key Provisions | N | No change to Contract |
| 2 | FOC- 5. Key Provision,SI: 2 Advance Payment recovery rate (percentage of gross payment), Pg - 03/224 | Bidder Understands that recovery of $10 \%$ interest free Advance payment start after $20 \%$ work done value & end at $80 \%$ of work done value completed - Please confirm. | TB-02 | Advance Payment shall be progressively recovered at the rate stated in SI. 2 of Key Provisions | N | No change to Contract |
| 3 | FOC-5.Key Provision,SI: 4, Commencement Date, Pg - 03/224 | Bidder kindly request you to share tentative "commencement date." | TB-02 | Commencement date shall be within the Bid validity period as stated in ITT Particulars | N | No change to Contract |
| 4 | FOC- 5.Key Provision, S1:9 , Delay Liquidated Damages, , Pg 04/224 | Bidder kindly request you to reduce the Overall cap on Liquidated Damages from $10 \%$ of the Contract Price to $5 \%$ of the Contract Price. | TB-02 | Refer SI. 9 of Key Provisions for Delay Liquaded damages | N | No change to Contract |
| 5 | FOC-5.Contractor's General Obligations, 6.1.2 Pg - 22/224 | 1. Bidder kindly request you to provide list of all the necessary approvals, permits, and NOC's for construction purpose. - Please confirm. <br> 2. Bidder understand that Environmental Clearnace, Construction permit. approvals, consent, license,etc from local government agencies will be in employer scope. - Please confirm. | TB-02 | 1- The Contractor shall be responsible for identifying, obtaining, and maintaining all necessary approvals, permits, and No Objection Certificates (NOCs) required for the design and construction activities throughout the duration of the project. <br> 2- Employer will provide the environmental permit /clearance from the Ministry of Environment in the Republic of the Congo, following their approval of the submitted ESIA report. | N | No change to Contract |
| 6 | FOC-5, 6.6 Access to & use of the site Pg - $24 / 224$ | Bidder kindly request you to provide access to & use of the site within 14 days after issuing LOI. - Please confirm. | TB-02 | Refer Access Milestone C1 [Provision of Access to Site by Employer] from Section-A: Key Milestone Dates, Annexure 5 of FOC | N | No change to Contract |
| 7 | FOC- 5, 6.7.2 Site Condition Pg - 25/224 <br> The Contractor shall not be entitled to any change in the Completion Date or the Key Milestone Dates or any increase in the Contract Price or any other relief under the Contract that is based on Contractor's failure to comply with the provisions of Clause 6.7.1, except and to the extent the claimed relief is based on: <br> (a) the sub-surface geological / geotechnical conditions being materially different from the information, if any, provided by the Employer; and/or <br> (b) the presence below ground of any man-made obstructions, utilities or facilities, except to the extent already identified in the Employer's Information and except which a competent contractor could reasonably infer from a visit to the Site without the need of sub-surface investigations. | Bidder kindly request you to consider EOT & associted cost towards the changes of rely upon data. - Please confirm. | TB-02 | Refer Clause 6.5.3 for errors in the Rely-upon Information | N | No change to Contract |
| 8 | FOC- 5, 6.11.9 - Construction of Related work, Pg - 30/224 <br> (a) permit and facilitate the execution of the Related Works at the Site by the Related Works Contractors;" | Bidder request you to provide the all the required construction permits & facilities for the execution of the related works at the site. - Please confirm. | TB-02 | The referenced clause pertains to the Contractor's obligation to coordinate and facilitate Related Works of other potential Contractors' activities at the Site. | N | No change to Contract |
FOC-5, 9 - Variations, 9.7 Remeasured Scope - Construction of Related work, Pg - 39/224
(a) payment in respect of any Remeasured Scope shall be based on the actual quantities approved by the Employer and the rates in the Contract for the items that are subject to remeasurement;
(b) the Contractor shall keep the Employer informed in advance if any of the estimated quantities in the Contract in relation to the Remeasured Scope is likely to be exceeded;
(c) unless otherwise provided in the Contract, the Contractor shall not be entitled to any adjustment to the Completion Date and/or the Key Milestone Dates as a result of the change in quantities in respect of the Remeasured Scope; and
(d) any payment in excess of the estimated sums in the Contract in respect of the Remeasured Scope shall be subject to execution of a Variation Order by the Parties.| FOC-5, 9 - Variations, 9.7 Remeasured Scope - Construction of Related work, Pg - 39/224 |
| :--- |
| (a) payment in respect of any Remeasured Scope shall be based on the actual quantities approved by the Employer and the rates in the Contract for the items that are subject to remeasurement; |
| (b) the Contractor shall keep the Employer informed in advance if any of the estimated quantities in the Contract in relation to the Remeasured Scope is likely to be exceeded; |
| (c) unless otherwise provided in the Contract, the Contractor shall not be entitled to any adjustment to the Completion Date and/or the Key Milestone Dates as a result of the change in quantities in respect of the Remeasured Scope; and |
| (d) any payment in excess of the estimated sums in the Contract in respect of the Remeasured Scope shall be subject to execution of a Variation Order by the Parties. |
FOC-5,12 - 税收和关税 - 12.3.1 - 关税，Pg - 43/224 承包商无需支付任何进口到阿联酋的材料关税（“关税”）只要：（a） 材料是通过阿布扎比酋长国的港口进口到阿联酋的; （b） 装运文件显示阿布扎比港口公司 PJSC（雇主集团公司）为收货人，并提及合同;c） 承包商利用 Al Mazroui International Cargo Company “Micco”（雇主集团公司）作为进口到阿布扎比酋长国的清关代理。
FOC-5,12 - Taxes & Duties - 12.3.1 - Custom Duty, Pg - 43/224
The Contractor shall not be required to pay any custom duties in respect of Materials imported into the UAE ("Custom Duties") provided:
(a) the Materials are imported into the UAE through a port in the Emirate of Abu Dhabi;
(b) the shipping documents indicate Abu Dhabi Ports Company PJSC (an Employer Group company) as the consignee and refer to the Contract; and
c) the Contractor utilizes Al Mazroui International Cargo Company "Micco" (an Employer Group company) as the clearing agent for importation into the Emirate of Abu Dhabi.| FOC-5,12 - Taxes & Duties - 12.3.1 - Custom Duty, Pg - 43/224 |
| :--- |
| The Contractor shall not be required to pay any custom duties in respect of Materials imported into the UAE ("Custom Duties") provided: |
| (a) the Materials are imported into the UAE through a port in the Emirate of Abu Dhabi; |
| (b) the shipping documents indicate Abu Dhabi Ports Company PJSC (an Employer Group company) as the consignee and refer to the Contract; and |
| c) the Contractor utilizes Al Mazroui International Cargo Company "Micco" (an Employer Group company) as the clearing agent for importation into the Emirate of Abu Dhabi. |
投标人理解，关税的主题条款适用于刚果共和国 （RC），而不是阿布扎比/阿联酋。- 请确认。
TB-02
完整删除一般条款和条件的第 12.3 条
Y
合同的变更应包含在 Awar 时的合同文件中
SI Query Reference QUERY TB / TC No AD Ports ANSWER CHANGE TO CONTRACT (YIN)? DESCRIPTION OF CHANGE TO CONTRACT
9 "FOC-5, 9 - Variations, 9.7 Remeasured Scope - Construction of Related work, Pg - 39/224
(a) payment in respect of any Remeasured Scope shall be based on the actual quantities approved by the Employer and the rates in the Contract for the items that are subject to remeasurement;
(b) the Contractor shall keep the Employer informed in advance if any of the estimated quantities in the Contract in relation to the Remeasured Scope is likely to be exceeded;
(c) unless otherwise provided in the Contract, the Contractor shall not be entitled to any adjustment to the Completion Date and/or the Key Milestone Dates as a result of the change in quantities in respect of the Remeasured Scope; and
(d) any payment in excess of the estimated sums in the Contract in respect of the Remeasured Scope shall be subject to execution of a Variation Order by the Parties." Bidder understand that bill of quantities "24.12.18 04A Attachment 1 to Annexure 4-Unpriced BOQ_Congo Topside" is remeasured & paid as actual executed quantities basis. - Please confirm. TB-02 Refer document Annexure 4 - Schedule of Price. Contract shall be on Lumpsum basis. N No change to Contract
10 "FOC-5,12 - Taxes & Duties - 12.3.1 - Custom Duty, Pg - 43/224
The Contractor shall not be required to pay any custom duties in respect of Materials imported into the UAE ("Custom Duties") provided:
(a) the Materials are imported into the UAE through a port in the Emirate of Abu Dhabi;
(b) the shipping documents indicate Abu Dhabi Ports Company PJSC (an Employer Group company) as the consignee and refer to the Contract; and
c) the Contractor utilizes Al Mazroui International Cargo Company "Micco" (an Employer Group company) as the clearing agent for importation into the Emirate of Abu Dhabi." Bidder understands that subject clause for the custom duty is applicable for Republic of Congo (RC) instead of Abu Dhabi/UAE. - Please confirm. TB-02 Delete Clause 12.3 of the General Terms and Conditions in entirety Y Changes to Contract shall be incoporated to Contract documents at the time of Awar| SI | Query Reference | QUERY | TB / TC No | AD Ports ANSWER | CHANGE TO CONTRACT (YIN)? | DESCRIPTION OF CHANGE TO CONTRACT |
| :---: | :---: | :---: | :---: | :---: | :---: | :---: |
| 9 | FOC-5, 9 - Variations, 9.7 Remeasured Scope - Construction of Related work, Pg - 39/224 <br> (a) payment in respect of any Remeasured Scope shall be based on the actual quantities approved by the Employer and the rates in the Contract for the items that are subject to remeasurement; <br> (b) the Contractor shall keep the Employer informed in advance if any of the estimated quantities in the Contract in relation to the Remeasured Scope is likely to be exceeded; <br> (c) unless otherwise provided in the Contract, the Contractor shall not be entitled to any adjustment to the Completion Date and/or the Key Milestone Dates as a result of the change in quantities in respect of the Remeasured Scope; and <br> (d) any payment in excess of the estimated sums in the Contract in respect of the Remeasured Scope shall be subject to execution of a Variation Order by the Parties. | Bidder understand that bill of quantities "24.12.18 04A Attachment 1 to Annexure 4-Unpriced BOQ_Congo Topside" is remeasured & paid as actual executed quantities basis. - Please confirm. | TB-02 | Refer document Annexure 4 - Schedule of Price. Contract shall be on Lumpsum basis. | N | No change to Contract |
| 10 | FOC-5,12 - Taxes & Duties - 12.3.1 - Custom Duty, Pg - 43/224 <br> The Contractor shall not be required to pay any custom duties in respect of Materials imported into the UAE ("Custom Duties") provided: <br> (a) the Materials are imported into the UAE through a port in the Emirate of Abu Dhabi; <br> (b) the shipping documents indicate Abu Dhabi Ports Company PJSC (an Employer Group company) as the consignee and refer to the Contract; and <br> c) the Contractor utilizes Al Mazroui International Cargo Company "Micco" (an Employer Group company) as the clearing agent for importation into the Emirate of Abu Dhabi. | Bidder understands that subject clause for the custom duty is applicable for Republic of Congo (RC) instead of Abu Dhabi/UAE. - Please confirm. | TB-02 | Delete Clause 12.3 of the General Terms and Conditions in entirety | Y | Changes to Contract shall be incoporated to Contract documents at the time of Awar |
