QATARI DIAR REAL ESTATE INVESTMENT COMPANY. ITT - 12-03-18.pdf · “QDREIC” means Qatari Diar Real Estate Investment Company established under the laws of the State of Qatar

QATARI DIAR REAL ESTATE INVESTMENT COMPANY

TENDER NO. LUS/BDS/TEN/2018/002

TENDER FOR

MANAGEMENT AND OPERATION OF

KIOSKS

AT

CRESCENT PARK AND MARINA DISTRICT

April 2018


TENDER FOR MANAGEMENT AND OPERATION OF RESTAURANTS AT CRESCENT PARK AND MARINA DISTRICT TENDER NO: LUS/BDS//TEN/2018/002

QDREIC’s INSTRUCTIONS TO TENDERERS Page 2 of 26

TABLE OF CONTENTS

PART 1 - TENDER

Instructions to Tenderers

Attachments:

Attachment 1 - Confidentiality Undertaking

Attachment 2 - Letter of Acknowledgement

Attachment 3 - Statement of Compliance

Attachment 4 - Form of Tender

Attachment 5 - Conflict of Interest / Letter of Undertaking

PART 2 – LEASE AGREEMENT

Form of Lease Agreement

Schedules to the Lease Agreement:

Schedule 1- Collateral Warranties

Schedule 2 - Master Community Lusail Declaration

Schedule 3 -Health And Safety Policies

Schedule 4 - Key Particulars

Schedule 5 - Tenant’s Record Keeping

Schedule A – Property Details

Schedule B – Location and Specifications (Lease Outline Drawings)

Schedule C – Acceptance of Takeover Certificate

Schedule D – Tenant’s Technical Proposal

PART 3 – COMMERCIAL PROPOSAL

(to be prepared and submitted by the Tenderer)




INSTRUCTIONS TO TENDERERS TABLE OF CONTENTS

IT.1 Definitions

IT.2 General

IT.3 Validity of Tender

IT.4 Familiarization with Applicable Laws and Regulations

IT.5 Tender Documents

IT.6 Confidentiality/Conflict Of Interest Undertaking

IT.7 Site Visit and Mid-Tender Meeting

IT.8 Queries

IT.9 Tender Bulletins

IT.10 Fully Informed

IT.11 Ruling Language

IT.12 Tender Rates

IT.13 Statement of Compliance and Form of Tender

IT.14 No Alterations to the Tender Documents

IT.15 Submission of Tenders

IT.16 Alternative Offers

IT.17 Correction of Arithmetical and/or Other Errors

IT.18 Tender Presentations and Clarifications

IT.19 Acceptance or Rejection of Tenders and Incurred Costs

IT.20 Notification of Acceptance

IT.21 Failure to Sign the Agreement

IT.22 Submission of Grievances

IT.23 Return of Tender Documents

IT.24 Public Relations

ATTACHMENTS TO INSTRUCTION TO TENDERERS:

ATTACHMENT 1 CONFIDENTIALITY UNDERTAKING

ATTACHMENT 2 LETTER OF ACKNOWLEDGEMENT

ATTACHMENT 3 STATEMENT OF COMPLIANCE

ATTACHMENT 4 FORM OF TENDER

ATTACHMENT 5 CONFLICT OF INTEREST /LETTER OF UNDERTAKING




INSTRUCTIONS TO TENDERERS

IT.1. DEFINITIONS

In these Instructions to Tenderers, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

“Closing Date” means the date and time, which is the deadline for the submission of

Tenders as specified in the letter of Invitation to Tender or the Tender Advertisement, as the case may be.

“Instructions to Tenderers” means these terms and conditions which govern the issuing, receipt, completion and submission of the Tender Documents and all stages of the Tender process.

“Invitation to Tender” means either the Letter of Invitation to Tender or the Tender

Advertisement, issued by Qatari Diar Real Estate Investment Company to invite submission of Tenders in accordance with these Instructions to Tenderer.

“QDREIC” means Qatari Diar Real Estate Investment Company established under the laws of the State of Qatar.

“Tender” means a proposal by a Tenderer in response to an Invitation to Tender.

“Tender Documents” means the documents provided to Tenderers by QDREIC

pursuant to the Invitation to Tender as listed in IT.5 herein including any subsequent Tender Bulletins or any amendments thereto.

“Tenderer” means an entity that submits a Tender in response to an Invitation to

Tender and in accordance with these Instructions to Tenderer.

IT.2. GENERAL

These Instructions to Tenderers issued by QDREIC outline and govern the procedures and processes to be followed for completing and submitting Tenders. Tenderer shall comply with the terms and conditions set forth in these Instructions to Tenderers while preparing its Tender. Failure to provide all of the required materials and information, or failure to comply fully with these instructions in any way may render the Tender null and void. QDREIC may vary the Instructions to Tenderers at any time before or following the Closing Date by notice in writing.

These Tender Documents may not be construed in any way as an offer. Submission of a Tender does not create an Agreement in any way unless and until the Tender is accepted by QDREIC and the parties formally execute an Agreement.

IT.3. VALIDITY OF TENDER

The Tender shall be valid for a period of not less than ninety (90) calendar days after the Closing Date, during which period it shall remained fixed, binding, irrevocable and open for acceptance by QDREIC. QDREIC intends to notify all Tenderers of the results of their Tender submissions during this period. A Tender cannot be withdrawn or varied after the Closing Date except with the written prior consent of QDREIC. If the Tenderer retracts or withdraws its Tender during the period of its validity without receiving written consent of QDREIC, QDREIC may, at its sole discretion, without the need for summons or notice or other legal formalities:

(i) exercise any other rights stipulated in the Tender Documents or available under the law.




IT.4. FAMILIARIZATION WITH APPLICABLE LAWS AND REGULATIONS

These Tender Documents are governed by the laws of the State of Qatar. Tenderer shall comply with all laws applicable to the subject matter of these Tender Documents and agrees to indemnify and hold QDREIC harmless in respect of any breach of such laws.

Tenderer shall thoroughly familiarize itself with the laws applicable to the work or services forming the subject matter of these Tender Documents, particularly Qatar Labour law and laws pertaining to intellectual property, import, export or re-export, customs and taxes, as well as the Ministry of Business and Trade requirement that any company carrying out works or services in Qatar must be registered in its books. By submitting a Tender, the Tenderer is deemed to have made the necessary allowances in the prices, programme and other components in its Tender for adhering to all laws, rules, regulations and procedures applicable to the services or works whether in the State of Qatar or elsewhere.

IT.5. TENDER DOCUMENTS

The Tender Documents consist of:

Part 1

Invitation To Tender

Instructions to Tenderers and Attachments

Part 2

Form of Lease Agreement.

Schedules to the Lease Agreement as listed in the Lease Agreement

Part 3

Commercial Proposal (to be prepared and submitted by the Tenderer).

Tenderer shall ensure that the Tender Documents it has received are complete and must return the Letter of Acknowledgment (Attachment 2) within five (5) calendar days of receipt. The Letter of Acknowledgment must be completed, signed and delivered by hand or transmitted by fax to the following address:

Mr. Ahmad Abdulla Al Hammadi Director – Sales & Leasing Qatari Diar Real Estate Investment Company P. O. Box 23175, Doha, State of Qatar Fax Number +974 44977 563

Tenderer shall notify QDREIC immediately if any discrepancy, omission or ambiguity is discovered in the Tender Documents.




IT.6. CONFIDENTIALITY/CONFLICT OF INTEREST UNDERTAKING

IT.6.1 Tenderer warrants that it shall abide by the “Confidentiality Undertaking” (Attachment 1). Additionally, Tenderer shall keep confidential the Tender Documents and all information included therein or provided by QDREIC in connection therewith. Tenderer shall ensure that it’s officers, employees, representatives, advisors, contractors and subcontractors do not, without the prior written consent of QDREIC, disclose or use such information for any purpose other than to prepare and submit a Tender. In the event QDREIC grants its written consent, Tenderer shall ensure that any disclosure is made subject to confidentiality obligations on the third party identical to those imposed on the Tenderer.

IT.6.2 QDREIC is committed to the ethical conduct of business practice and expects its employees, tenderers, vendors, consultants and contractors to conduct themselves at all times in accordance with the highest standards of ethics and integrity. Should there be any violation of these principles by the Tenderer, QDREIC will immediately take the necessary action including, without limitation, disqualifying the Tenderer from this and any other or future Invitations to Tender, terminating any contract(s) that QDREIC may have with Tenderer, in addition to any other remedies available to it under respective tender documents, contracts or at law. All Tenderers must abide by the terms of the Conflict of Interest Letter of Undertaking appended hereto as Attachment 5, which must be completed as follows:

i. Part A must be completed and signed by all Tenderers.

ii. Part B must be completed and signed by (a) Tenderers who are Qatari private companies and (b) where the Tenderer is a foreign company, by the local agent/sponsor and the Tenderer (Principal), jointly.

The completed and signed Conflict of Interest Letter of Undertaking (Parts A and B)

must be delivered to the address indicated in the Letter of Undertaking along with the Tender Document.

IT.7. SITE VISIT AND MID-TENDER MEETING

Tenderer may, at the sole discretion of QDREIC, be requested to attend a site visit and/or a mid-tender meeting to familiarize with the physical and other conditions pertaining to the work or services to be performed. The Tenderer may designate no more than two (2) representatives to attend on its behalf and at its own cost. It is strongly recommended that the Tenderer attend any scheduled site visit and mid-tender meeting.

IT.8. QUERIES

Tenderers may request QDREIC to provide clarification or elaboration on the information provided in the Tender Documents. Any queries relating to the Tender Documents or the submission of Tenders must not be raised by telephone or personal contact or directed to any QDREIC employee by name, but must be submitted in writing, preferably by fax, to the address given in IT.5 above only.

Any violation of this instruction may render the Tenderer’s Tender invalid.

Any response issued will be in the form of a question and answer and will be distributed to all Tenderers without revealing the identity of the enquirer. Queries must be received at the above address or fax number only and no later than seven (7) calendar days prior to the Closing Date; any queries received thereafter shall be ignored.




IT.9. TENDER BULLETINS

Any amendments, clarifications or minutes of meeting in relation to these Tender Documents will be issued as Tender bulletins and shall be sent to all Tenderers. Tenderers shall acknowledge receipt of all Tender bulletins on the ”Statement of Compliance” (Attachment 3) and shall allow for any costs or contingencies in connection therewith in the Tender prices and programme.

IT.10. FULLY INFORMED

The information provided by QDREIC within or in connection with the Tender Document is provided in good faith to assist Tenderers to prepare their Tenders. QDREIC does not claim or warrant that such information is exhaustive, accurate or complete. Tenderer shall not rely solely on the information provided by QDREIC and, before submitting its Tender, Tenderer shall make all necessary investigations to become fully informed of the subject matter of the Tender Documents including the services to be performed.

Tenderer shall be responsible for examining with appropriate care the contents of the Tender Documents including all Tender bulletins and all technical information provided, shall inspect all locations relevant to the services/works to be performed, and shall carry out all investigations and examinations necessary to ascertain all conditions and requirements relevant to the full performance and completion thereof. Tenderer must satisfy itself as to the nature of the services, the local conditions that might affect its performance in any way, the risks involved and the correctness and sufficiency of the rates and prices submitted.

IT.11. RULING LANGUAGE

The Tender Documents, all information, queries or clarification in connection therewith and all Tenders shall be in the English Language.

IT.12. TENDER RATES

Tenderer shall submit his details of Commercial Offer as Part 3 in line with the Tender information. All amounts are to be quoted in Qatar Riyals.

IT.13. STATEMENT OF COMPLIANCE AND FORM OF TENDER

Tenderer shall complete and submit the enclosed Statement of Compliance (Attachment 3) and the Form of Tender (Attachment 4), which must be signed by a person duly authorized to sign on behalf of the Tenderer. QDREIC may require Tenderer to submit evidence of such authorization and Tenderer agrees to submit such evidence as may be satisfactory to QDREIC upon QDREIC’s request. QDREIC may reject any Tender submitted without the completed and signed Statement of Compliance and Form of Tender or without the evidence of authorization if required.

IT.14. NO ALTERATIONS TO THE TENDER DOCUMENTS

No erasures, alterations, additions or deletions shall be made to the Tender Documents.




IT.15. SUBMISSION OF TENDERS

Tenderer shall submit its Tender in two (2) separate sealed envelops, the 1st envelop containing the Technical (un-priced) Tender, and the 2nd one containing the Commercial (priced) Tender. Each envelop must be identified with clear marking of the contents, whether”, “TECHNICAL PROPOSAL” or “COMMERCIAL PROPOSAL” on the outer cover.

The envelops must not bear any mark indicating the name or identity of the Tenderer but shall be clearly marked on the outside with the Tender number stated on the Form of Tender, the Tender title, the Closing Date and the content of the envelop, as indicated above.

Tenderer must submit :

1. one (1) original , one (1) copy, and three (3) electronic copies [“CD’s”] of its Technical Proposal of the Tender.

2. one (1) original, and three (3) copies of its Commercial Proposal

The original shall be clearly marked “ORIGINAL”.

The Tender and accompanying documents shall be addressed and delivered to:

Mr. Ahmad Abdulla Al Hammadi Director – Sales & Leasing Qatari Diar Real Estate Investment Company P. O. Box 23175, Doha, State of Qatar

no later than 12.00 hours on the Closing Date.

Tenderer must affix its company stamp to and initial every page of its original Technical and Commercial Proposals.

The Tender must be received on or before the Closing Date, at the above address, either by registered mail or by messenger. Messengers should obtain a receipt to confirm delivery time. The method of delivery is the sole responsibility of the Tenderer.

Tenderer shall complete and submit all details, forms and information as required by the Tender Documents. Failure to submit a complete Tender or failure to comply fully with the Instructions To Tenderers in any way may render the Tender null and void.

It is QDREIC’s intention to open and evaluate the Technical Proposal first. The “Technical Proposal” package should not contain any Commercial Proposals, but should only contain the following:

a) Completed and signed Attachments (1 to 5) of Instructions to Tenderers b) Completed Part 2 (Except Part 3) – Tenderer shall submit duly completed

Schedule D with all necessary information and details.

The “Commercial Proposal” package should contain the following:

a) Completed and signed Form of Tender. b) Details of the Commercial Offer (Part 3) – As a minimum Tenderer’s

Commercial Proposal shall include the proposed Monthly Rent including completed and signed Schedule 4 and other Commercial benefits that are

proposed by the Tenderer with necessary details and information.




Tenderer warrants that the Tender and all documents and material submitted as part of the Tender are not subject to any intellectual property rights of any third party, which rights may hinder or otherwise limit in any way QDREIC’s reproduction or other use of such documents or materials for the purposes of evaluating and processing the Tender.

IT.16. ALTERNATIVE OFFERS

Tenderer shall submit a valid and compliant Tender in accordance with the terms and conditions of the Tender Documents without any qualifications whatsoever. Submissions that do not fully comply with the requirements of the Tender Documents may not be considered for evaluation by QDREIC.

If Tenderer desires to propose the use of alternative procedures or methods that will provide technical superiority and/or will result in savings to QDREIC, or if it has any reservations on any of the Tender Documents terms and conditions, it may submit such reservations in an additional separate alternative Tender comprising an “Alternative Technical Proposal” and an “Alternative Commercial Proposal” each in a separate envelop and full details in triplicate shall be included.

Deviations, qualifications or exceptions to any of the contents of the Tender Documents, shall be spelt out clearly and highlighted by Tenderer, so as to bring the same to QDREIC’s immediate attention. All deviations, qualifications or exceptions shall be submitted and highlighted in the Alternative Technical Proposal. The price implications of deviations, qualifications or exceptions, if any, shall be indicated in the Alternative Commercial Proposal. Tenderer shall confirm in the Alternative Technical Proposal against each deviation or qualification that the respective cost implication is included in the Alternative Commercial Proposal.

IT.17. CORRECTION OF ARITHMETICAL OR OTHER ERRORS

In the event that any adjustment, correction, or amendment made by QDREIC to a Tender will have bearing on QDREIC’s decision to award an Agreement, QDREIC shall advise Tenderer of such adjustment, correction or amendment for its acknowledgment.

IT.18. TENDER PRESENTATIONS AND CLARIFICATIONS

QDREIC may request Tenderer to submit additional information concerning its Tender. If Tenderer fails to submit any information requested by the date and time stipulated by QDREIC, QDREIC may decide not to consider the Tender further. QDREIC may require Tenderer to demonstrate to QDREIC’s satisfaction Tenderer’s ability to meet the requirements of the Invitation To Tender, by making presentations in Doha to QDREIC’s management and Tenderer shall comply with QDREIC’s requests and shall make the presentations as required on the dates and at the times specified by QDREIC, at Tenderer’s cost and expenses.

IT.19. ACCEPTANCE OR REJECTION OF TENDERS AND INCURRED COSTS

QDREIC is under no obligation to award an Agreement or to accept any Tender and will not assign any reason for the rejection of any Tender. QDREIC shall have the right to accept one or more Tenders, to negotiate with one or more Tenderers, to accept any part of a Tender and award an Agreement accordingly.

QDREIC shall have the right to withdraw and/or cancel the Invitation to Tender. QDREIC shall not be responsible for any costs or expenses incurred by the Tenderer in connection with its Tender, any site visit, attending meetings, obtaining additional




insurance, etc., or for the formation of the Agreement should the Tenderer be successful. The Tenderer shall not have any recourse for any redress if QDREIC, for whatever reason, awards the Agreement to another Tenderer or does not award any Agreement.

IT.20. NOTIFICATION OF ACCEPTANCE

QDREIC will, at its sole discretion, require the successful Tenderer to enter into an Agreement based on the terms and conditions set forth in Part 2 of the Tender Documents and any amendment thereto made during the course of the Tender process. The Agreement executed by QDREIC and the successful Tenderer shall exclusively govern the relationship between the parties for the term of the Agreement.

By way of a Letter of Acceptance (“LOA”), QDREIC shall notify the successful Tenderer of QDREIC’s acceptance of its Tender, subject to the following conditions subsequent:

a) signing of the Agreement.

Unless stated to the contrary, for the purpose of determining the effective dates of the Insurances, the date of the LOA shall be used.

If the successful Tenderer fails to sign the documentation as per (a) above within the time period stipulated in the LOA, QDREIC may, at its sole discretion, without the need for summons or notice or other legal formalities, exercise any or all of (i) exercising any other rights stipulated in the Tender Documents, (ii) notify the successful Tenderer that the Agreement is, ipso facto, terminated and recover from the successful Tenderer any losses QDREIC has sustained as a consequence of the successful Tenderer’s failure to fulfill its obligations.

The successful Tenderer will be instructed to sign the Agreement after the submission of the above-mentioned documentation. For the avoidance of doubt (i) the Effective Date, as entered on the Agreement, shall be determined at the sole discretion of QDREIC, and (ii) QDREIC and the successful Tenderer shall be considered as parties only upon execution and signature of the Agreement document by their duly authorized representatives.

IT.21. FAILURE TO SIGN THE AGREEMENT

Following receipt and acceptance by QDREIC of the submitted Insurances, QDREIC shall prepare the Agreement based on the Tender Documents, the successful Tender and subsequent agreed conditions (if any), and issue the same for signature. The signing of the Agreement by the successful Tenderer and QDREIC evidences execution of the Agreement and establishes the Effective Date.

If the successful Tenderer fails to sign the Agreement on the specified date without giving an acceptable justification, QDREIC may, at its sole discretion, without the need for summons or notice or other legal formalities:

a) Exercise any other rights stipulated in the Agreement, and/or

b) Notify the successful Tenderer that the Agreement is, ipso facto, terminated and recover from the successful Tenderer any losses QDREIC may have sustained as a consequence of the successful Tenderer’s failure to fulfil its obligations.

IT.22. SUBMISSION OF GRIEVANCES




Tenderer shall have the right to submit a grievance to the Chief Executive Officer (CEO) of QDREIC in respect of any action(s) taken by QDREIC under Clauses IT.19, IT.20, IT.21 or any other issue. The grievance must be submitted in writing within fifteen (15) calendar days of the action. The CEO’s decision in respect to the grievance shall be final.

IT.23. RETURN OF TENDER DOCUMENTS

The Tender Documents, including any drawings, specifications, etc., and any information or documentation in connection therewith, forwarded to the Tenderer and copyright therein are and shall continue to be the sole property of QDREIC. If the Tenderer declines to submit a Tender, or if the Tenderer is unsuccessful, it shall immediately return all the Tender Documents, inclusive of any photocopies made, forthwith from the date Tenderer declines to submit a Tender or from the date it is notified that it is unsuccessful.

IT.24. PUBLIC RELATIONS

All public relations matters in connection with the Tender Documents are the property and the right of QDREIC solely. Tenderer shall not make any public announcements in relation to these Tender Documents or any matters relating thereto without QDREIC’s prior written consent. QDREIC reserves the right to reject the Tender at any stage and without notice and to pursue all remedies available to it under the law, should Tenderer make any public announcement or statement in any manner in relation to the Tender Documents at any time without QDREIC’s prior written consent.




ATTACHMENT 1 - CONFIDENTIALITY UNDERTAKING LETTER

[Please complete and return as mentioned in letter for Invitation to Tender to Fax No. (+974) 44977563]

Date: M/s Qatari Diar Real Estate Investment Company P. O. Box 23175, Doha, State of Qatar Project: Lusail Development

Tender No:

Tender Title:

Subject: Confidentiality Undertaking

(QDREIC or ‘First Party’) From: ……………………………… ……………………………… ……………………………… (‘’Second Party’)

CONFIDENTIALITY UNDERTAKING

The Second Party hereby undertakes that: 1. Confidential Information

In connection with the preparation of the Tender and any Service/Work performed in respect of the Management and Operation of Kiosks at Crescent Park and Marina District (the “Tender”) the Second Party understands that documents, information, data and material which have been/will be made available by Qatari Diar Real Estate Investment Company (QDREIC) are confidential.

“Confidential Information” as used herein, means any document including pre-qualification and Tender documents issued by QDREIC and all information which Second Party, directly or indirectly, acquires from QDREIC or any other information, data or material concerning the technical and business activities and know-how of QDREIC (the “CONFIDENTIAL INFORMATION”).

2. Exclusions

The CONFIDENTIAL INFORMATION shall not include information which: (a) is or becomes public knowledge (otherwise than by breach of this Undertaking); (b) was in the possession of the Second Party without restriction as to its disclosure

before receiving it from (or on behalf of) QDREIC;

(c) is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; or




(d) is required to be disclosed as a matter of law.

CONFIDENTIAL INFORMATION shall not be deemed to be within the foregoing categories merely because such information is embraced by more general information lawfully in the public domain or in Second Party's possession. In addition, any combination of features shall not be deemed to be within the foregoing categories merely because individual features are in the public domain or in Second Party's possession but only if the combination itself and its principle of operation are lawfully in the public domain or in Second Party's possession.

3. Undertakings

In consideration of the CONFIDENTIAL INFORMATION being made available by or on behalf of QDREIC, the Second Party undertakes to QDREIC that: (a) the Second Party shall use the CONFIDENTIAL INFORMATION for the

purpose of preparing (and, if required, negotiating) a Tender or Pre-qualification for the Tender and for no other purpose and shall not permit or assist a third party to make use of the CONFIDENTIAL INFORMATION for any other purpose;

(b) the Second Party shall treat and safeguard as private and confidential all the

CONFIDENTIAL INFORMATION received or held by it and that all material containing CONFIDENTIAL INFORMATION shall be and remain QDREIC property;

(c) subject to Clause 3(a), the Second Party shall not disclose to any person the

fact that the CONFIDENTIAL INFORMATION has been made available or that discussions or negotiations are taking place and shall act in good faith and shall not fix or adjust the Tender price to be submitted by or under or in accordance with any agreement or arrangement with any other person's proposal;

(d) if the Tender process is terminated or if QDREIC so requests, the Second

Party shall return to QDREIC, immediately all documents containing or reproducing or generated from the CONFIDENTIAL INFORMATION and shall procure the destruction of any copies which may have been made of any such documents and of any documents prepared using CONFIDENTIAL INFORMATION in whole or in part, including expunging such CONFIDENTIAL INFORMATION from any computer or other like device in the Second Party’s possession, custody or control or that of any of the Second Party’s officers, employees, advisers, consortium members or proposed sub-consultants and or vendors of any tier without retaining any copies thereof. Notwithstanding such return or destruction as mentioned above, the obligations contained in this Undertaking shall continue in full force and effect;

(e) the Second Party shall not use the CONFIDENTIAL INFORMATION received

in any way that is detrimental to QDREIC; (f) the Second Party shall only make contact with QDREIC through those officers

or employees of QDREIC as QDREIC may nominate from time to time, and shall ensure that its officers, managers, employees, representatives,




consortium members, proposed sub-consultant’s and/or vendors of any tier will likewise only make contact with such nominated persons;

(g) if the Second Party or its officers, employees or advisers become (or it

becomes reasonably likely that the Second Party, its officers, employees or advisers may become) legally compelled to disclose any CONFIDENTIAL INFORMATION, the Second Party shall give QDREIC written notice as soon as possible and consult with QDREIC as to any appropriate action that should be taken;

(h) the Second Party shall inform QDREIC in writing immediately on becoming

aware of any breach of the terms of this Undertaking; and

(i) the Second Party agrees not to disclose CONFIDENTIAL INFORMATION to third parties or to use CONFIDENTIAL INFORMATION for Five (5) years from the date of this CONFIDENTIALITY UNDERTAKING, except for discussion and internal evaluation purposes provided by this CONFIDENTIALITY UNDERTAKING or with the written permission from an authorized officer of QDREIC.

(j) The Second Party shall be entitled to disclose the CONFIDENTIAL

INFORMATION to such of the following persons who have a clear need to know in order to prepare and if required negotiate a pre-qualification, tender and/or provide work(s) or service(s) to QDREIC:

(i) Employees of the Second Party

(ii) Any professional consultant, contractor, vendor, supplier, agent or any

other professional entity retained by the Second Party for the purpose of providing any work(s) or service(s) to QDREIC, whereas such work(s) or service(s) require reference to and/or evaluating the CONFIDENTIAL INFORMATION.

Prior to making any such disclosures to persons under sub-paragraphs (ii) above, the Second Party shall obtain an undertaking of confidentiality, in the same form and content as this CONFIDENTIALITY UNDERTAKING, from each consultant, contractor, supplier, agent or other professional entity. Undertaking(s) of Confidentiality so obtained shall not absolve the Second Party from the liabilities and responsibilities under this CONFIDENTIALITY UNDERTAKING issued to the First Party.

The Second Party acknowledges that neither the Second Party nor any of its officers, employees, consortium members, consultants, contractors, vendors, agents, advisors and/or other professional entities of any tier shall be entitled to any right or licence in respect of the CONFIDENTIAL INFORMATION.

4. Warranties

Neither QDREIC nor any of its officers, managers, employees or advisers make any representation or warranty either express or implied as to the accuracy or completeness of the CONFIDENTIAL INFORMATION or as to the reasonableness of any assumptions which may be contained within it.




The Second Party shall treat the details of the Agreement as private and confidential, except to the extent necessary to carry out obligations under it or to comply with applicable of Qatar. The Second Party shall not publish, permit to be published, or disclose any particulars in relation to the Works/Services and/or QDREIC and/or Qatari Diar Real Estate Investment Company Q.S.C. in any press release, news article, website, trade or technical paper or elsewhere without the previous agreement of the First Party.

5. Governing Law

This Undertaking shall be governed by and construed in all respects in accordance with the laws of the State of Qatar and shall be binding on the Second Party and its successors and assignees.

Second Party’s Name: ....................................... Duly authorised to sign on behalf of the Second Party: Name: .................................................... Position: ................................................ Signature: ............................................... Date: ....................................................... Company Stamp:




ATTACHMENT 2- LETTER OF ACKNOWLEDGEMENT OF TENDER DOCUMENTS RECEIPT

Please complete and return to Fax No. (+974) 44977- 563

To: Qatari Diar Real Estate Investment Company P.O. Box: 23175 Fax: +974 44977 563 Email: [email protected] TENDER NO: LUS/BDS/TEN/2018/002 TENDER TITLE: MANAGEMENT AND OPERATION OF KIOSKS AT CRESCENT

PARK AND MARINA DISTRICT

Dear Sir, 1. We acknowledge receipt of your Tender Documents relating to the above

Services/Works.

We have received all the documents listed in the List of Contents. We have received all the documents listed in the List of Contents with the

exception of:

a.___________________________________________________

b.___________________________________________________ 2. We confirm that we:

Shall submit a Tender so as to reach you on or before the Tender Closing Date.

Will not be submitting a Tender and will return the Tender Documents

immediately under separate cover as per IT. 23. Please state the reason for not participating :_________________________________________________

Yours faithfully, For and on behalf of: Name of Company: Name of Authorised Signatory: Telephone/Fax Nos : Date:




ATTACHMENT 3 - STATEMENT OF COMPLIANCE

Date: M/s Qatari Diar Real Estate Investment Company, P O Box 23175, Doha, State of Qatar For the attention of TENDER NO: LUS/BDS/TEN/2018/002

TENDER TITLE: MANAGEMENT AND OPERATION OF KIOSKS AT CRESCENT PARK AND MARINA DISTRICT

1. Having carefully examined all the Tender Documents as per your letter of Invitation To

Tender Ref................................................... dated ..........................., and Bulletins

thereto, we the undersigned offer to provide the Services/Works in full conformity with

the terms and conditions of the Tender Documents and without any exceptions thereto

whatsoever.

2. We confirm that our Tender is valid, binding to us, irrevocable, shall not be rescinded

and is open for QDREIC’s acceptance for a period of ninety (90) calendar days from

the Closing Date.

3. We confirm that the prices and rates quoted on the Form of Tender and in Part 3, are

fixed and are not subject to any change during the validity of the Tender and

subsequently during the term of any Agreement awarded to us.

4. We represent and covenant to QDREIC that we have observed and will continue to

observe all relevant statutory and other regulatory authority and proper business

practice requirements in the formulation of our Tender and in any future follow up

thereto.

5. We: (Delete as appropriate)

(i) Have also submitted alternative Tender(s) under a separate cover which comply

fully with all the requirements and terms and conditions of the Tender Documents

and includes/include no exceptions thereto whatsoever.

(ii) Have certain exceptions to the requirements and terms and conditions of the

Tender Documents which we have indicated in an alternative Tender submitted

under a separate cover

6. Our Technical proposal including following documents (original + 1 copy + 3 electronic

copies (CD’s)) have been completed and signed and are returned herewith in a

separate sealed envelope:

(i) Schedule D (Schedules as included below)




SCHEDULE

TITLE

CHECK LIST FOR TENDERER

Tick for Appended Items

INTRODUCTION AND INSTRUCTIONS

1.0 TENDER EXECUTIVE SUMMARY

2.0 TENANT REPRESENTATIVE

3.0 CORPORATE INFORMATION

4.0 TENDERER ORGANIZATION STRUCTURE

5.0 PROPOSED ORGANIZATION

6.0 KEY PERSONNEL

7.0 RESOURCES AND FACILITIES

8.0 RELATED EXPERIENCE

9.0 FINANCIAL INFORMATION AND INSURANCE

10.0 QA/QC PROCEDURES

11.0 HEALTH, SAFETY AND ENVIRONMENT

12.0 FACILITY VISIT CONFIRMATION

13.0 ADDITIONAL INFORMATION

7. Our Commercial offer [original + 3 copies] together with the completed and signed

Form of Tender are submitted in a separate sealed envelope.

8. We acknowledge receipt of the following Tender bulletins and these have been

considered in our Tender preparation:-

9. We understand that QDREIC is not bound to accept the lowest or any Tender received

by it, nor to give any reason or explanation for rejection of Tender.

Dated this ................ Day of ………………..........................20** Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ...........................……..................... duly authorized to sign Tenders

Bulletin No.

Subject

Date




For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. Tenderer’s company seal




ATTACHMENT 4- FORM OF TENDER Date: M/s Qatari Diar Real Estate Investment Company, P. O. Box 23175, Doha State of Qatar For the attention of: TENDER NO: LUS/BDS/TEN/2018/002

TENDER TITLE: MANAGEMENT AND OPERATION OF KIOSKS AT CRESCENT PARK AND MARINA DISTRICT

1. Having carefully examined all the Tender Documents as per your Tender Invitation

letter Ref..............................................................................

dated........................................,and Bulletins thereto, we the undersigned offer to

provide the Services/Works in full conformity with the terms and conditions of the

Tender Documents.

2. We confirm that our Tender is valid, shall not be rescinded and is open for QDREIC’s

acceptance for ninety (90) calendar days from the Tender Closing Date.

3. We confirm that the prices and rates quoted under Part 3, are fixed and are not subject

to any change during the validity of the Tender and subsequently during the term of

any Agreement awarded to us.

4. The following documents (original + 3 copies) are returned herewith:

Commercial Package

i. Completed and signed Form of Tender

ii. Details of Commercial Offer (Part 3) including completed and signed Schedule 4

Commercial Details of any Alternative Proposal

5. We understand that QDREIC is not bound to accept any Tender received by it, nor to

give any reason or explanation for rejection of Tender.

Dated this ................ Day of ………………..........................201... Signature(s) ........................................................................................ Name(s) .............................................................................................. in the capacity of ...........................…….....................................duly authorized to sign Tenders.




For and on behalf of Messrs.................................................................................................. Business Address:................................................................................ Witness: Signature ............................................................................... Name & Address .................................................................................. TENDERER COMPANY SEAL:

***




ATTACHMENT 5

CONFLICT OF INTEREST LETTER OF UNDERTAKING

PART A: GENERAL PART B: COMPANY OWNERSHIP




CONFLICT OF INTEREST - LETTER OF UNDERTAKING PART A - GENERAL

The Director, Procurement Management and International, Qatari Diar Real Estate Investment Company, P.O. Box 23175 Doha, State of Qatar. TENDER NO : LUS/BDS/TEN/2018/002

TENDER TITLE : MANAGEMENT AND OPERATION OF KIOSKS AT CRESCENT PARK AND MARINA DISTRICT

Dear Sir: Having been invited by Qatari Diar Real Estate Investment Company (“QDREIC”) to submit a tender against the Invitation to Tender captioned above, we:

_____________________________ (Name of Company), a company organized and

existing under the laws of _____________________________ (Country of

Incorporation) and having our business address at _________________________ (“the Company”), duly represented by: _______________________ (Name of Signatory) duly authorized to sign on behalf of Company, being fully aware of QDREIC’s commitment to conducting its business in accordance with the highest ethical standards, and of its reference business values of honesty, fairness, integrity, transparency, impartiality, discretion and protection of QDREIC’s assets and public funds in full compliance with all applicable laws, and cognizant of our responsibility to act in accordance with all applicable laws and the highest standard of ethics and best practices prevailing in the profession and industry; Hereby, submit this Letter of Undertaking: 1. Definition: as used herein, the term “Conflict of Interest” means any potential or actual situation or circumstances where (i) while responding to the above mentioned Expression of Interest or Invitation to Tender, or performing any work or services under any Agreement resulting therefrom, there is an opportunity for the Company to engage in duplication or overlap of services or work, or (ii) there is an incident as of those described in paragraph 2.4 below, and/or (iii) there is an opportunity for the Company, its directors, officers or employees to improperly influence any QDREIC decision and/or utilize the work or any information obtained in connection with the above mentioned Expression of Interest/Invitation to Tender or any Agreement resulting therefrom, to further the Company’s or the Company’s directors’, officers’ or employees’ interests or the interests of the Company’s parent company, affiliates, sister companies, joint venturers, shareholders, agents, local sponsors or any other company or entity which the Company or Company’s directors, officers or employees have any interest therein.




2. Representations and Warranties:

We, the Company, represent and warrant that:

2.1 we operate and implement policies and procedures to ensure that the Company, its directors, officers, employees, contractors, consultants, vendors and suppliers, act in full compliance with the Conflict of Interest principles given in this Letter of Undertaking.

2.2 our acceptance/preparation of a response to the above mentioned Expression of

Interest/Invitation to Tender or our entering into or performance under any Agreement resulting therefrom does not create nor will it create any Conflict of Interest as to any relationship, contractual, fiduciary or otherwise, which the Company may have with QDREIC or any third party related or affiliated with QDREIC, or related to the said Expression of Interest/Invitation to Tender or Agreement.

2.3 we will ensure that neither the Company nor any Company director, officer or

employee shall at any time enter into any Conflict of Interest.

2.4 neither the Company nor any of the Company’s directors, officers or employees (i) has promised, paid or shall pay any compensation, commission, agency or other fee, introduction fee, payment, gift, rebate, advantage the payment or which would violate applicable laws or regulations, or anything of value to or for the benefit of any employee or officer of QDREIC, (ii) has favoured or shall favour employees or officers of QDREIC with gifts or entertainment other than normal business practices, or of nominal value, or (iii) will offer, promise, give, pay any bribe, gift or inducement in the form of money or otherwise to any QDREIC’s officers, directors, employees and any other authorized representatives, for whatever purpose including inducing them to act contrary to the known principles of honesty and integrity, or influencing their behavior for improperly obtaining or receiving favorable treatment (iv) shall enter into any business arrangement with any employee or officer or director of QDREIC in their individual or any other capacity except as formally delegated to them by QDREIC.

2.5 if any Conflict of Interest arises any time during our preparation of a response/tender in response to the above mentioned Expression of Interest/Invitation to Tender, or during our performance of any Agreement resulting therefrom, or at any other time thereafter, we shall so notify QDREIC immediately.

3. Audit:

3.1 We agree that QDREIC shall have full audit rights with respect to all matters concerning Conflict of Interest including, without limitation, the right to examine, directly or through its authorized representative(s) or agent(s), all books, records, accounts, files, data, correspondence, instructions, specifications, plans, drawings, receipts, memoranda and any other documents, in whatever format, of Company, and which shall be made available by Company and at Company’s cost for QDREIC’s audit any time as and when QDREIC so requires. It is understood that QDREIC shall have the right to photocopy or otherwise reproduce, at its own cost, any of such documents.

3.2 We will make Company’s directors, officers and employees, and all third parties

involved under Company’s supervision in any matter related to the Expression of Interest/Invitation to Tender captioned above or any Agreement resulting therefrom, available to meet with QDREIC and/or QDREIC’s authorized representative(s) or




agent(s) to provide information and/or explanations as may be requested by QDREIC.

4. Non Compliance: 4.1 We understand and agree that any non-compliance with any of the principles and

requirements mentioned above will constitute a material breach of the duties assumed under this Letter of Undertaking.

4.2 We agree that in the event of any non-compliance with this Letter of Undertaking by

the Company, Company’s directors. officers, employees or any third party involved by the Company in any matter related to the captioned Expression of Interest/Invitation to Tender or any Agreement resulting therefrom, QDREIC shall have the right to:

(i) withdraw the captioned Expression of Interest/Invitation to Tender and/or

exclude us from any QDREIC’s future expression of interest/invitations to tender and/or remove our name temporarily or permanently from QDREIC’s list of registered vendors, and/or .

(ii) terminate any Agreement with us whether or not resulting from the captioned Expression of Interest/Invitation to Tender including contracts with our parent and sister companies and contracts where we act as subcontractors to other QDREIC’s contractors, and/or

(iii) exercise any other rights available to QDREIC under the law. 5. Indemnification:

The Company shall indemnify QDREIC against any and all damages, losses, costs, expenses, charges and other disbursements associated with any breach of this Letter of Undertaking, including, for the avoidance of doubt, consequential losses. 6. Governing Law:

This Letter of Undertaking shall be governed and construed in accordance with the laws of the state of Qatar and all disputes arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the state of Qatar.

Signed : ………...…………………… Date : …………………...…………..

Name : ……………..………………

Position : ……………..……………… Company: ………………………...….

Address : ………………..…………… (Company Seal) : ………………….….




CONFLICT OF INTEREST - LETTER OF UNDERTAKING PART B – COMPANY OWNERSHIP

The Director, Procurement Management & International, Qatari Diar Real Estate Investment Company, P. O. Box 23175 Doha, State of Qatar.

TENDER NO : LUS/BDS/TEN/2018/002

TENDER TITLE : MANAGEMENT AND OPERATION OF KIOSKS AT CRESCENT PARK AND MARINA DISTRICT

Dear Sir:

Having been/Having our principals M/s ______________________________ been invited (Delete as applicable) by Qatari Diar Real Estate Investment Company (“QDREIC”) to submit a tender against the Invitation to Tender captioned above, we,

________________________ (Name of Company), a private company organized and existing under the laws of the State of Qatar, and having our business address at _____________________________ (“the Company”), duly represented by: _______________________ (Name of Signatory) duly authorized to sign on behalf of Company, hereby submit this Letter of Undertaking: 1. Definition: The term “Close Relatives” means parents, spouse, son, daughter,

brother and sister. 2. Representations and Warranties:

We represent and warrant that:

2.1 No person who is currently employed by QDREIC, or a Close Relative of person who is currently employed by QDREIC, has any ownership, shares or equity or any interest, direct or indirect, in the Company.

OR

2.2 The names of current employees of QDREIC and/or their Close Relatives, who have ownership, shares, equity or other interest, direct or indirect, in the Company are listed below: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

3. The Company shall immediately advise QDREIC of any changes in the subject matter of this Part B of the Letter of Undertaking that might take place any time throughout the validity period of the Invitation to Tender or any Agreement resulting therefrom, whichever expires latest.

Signed Company (Qatari Private Company) Principal (Foreign Company)

Signature: Signature Name: Name: Position: Position: Date: Dare: