Provision and Installation of Pipelines, ILT, PLETs and Pre-

Commissioning Activities for Merakes Development Project

ATTACHMENT NO. 1

INSTRUCTIONS TO BIDDER (ITB)

1. General

Contractor has been invited by Eni East Sepinggan Ltd, (hereinafter called “Company”) to bid for
“Provision and Installation of Pipelines, ILT, PLETs and Pre-Commissioning Activities for
Merakes Development Project” (hereinafter referred as “Project”). In this context, Contractor is
seeking Technical and Commercial Proposal from Bidders for “Pipeline Recovery Tools Services
for ENI Merakes Project 2019-2020” (hereinafter "Work", “Works” or “Services”) in accordance
with requirements of Company and this Request for Proposal (“RFP”).

Bidder's Proposal is to be in full compliance with all the requirements of this RFP in particular
specified in Annexure 1.2 (“Bid/Proposal Requirements”) including the referenced Company
documents and such government laws/regulations that may apply.

2. Eligibility to Bid

Bidder shall be deemed to be eligible for Bid Evaluation when following conditions are fulfilled:
a. Having a business registration certificate or investment certificate issued pursuant to law, or
a decision on establishment;
b. Being an independent cost accounting entity;
c. There is no decision by a competent body concluding that Bidder has an unhealthy financial
status; or is in the process of dissolution; or is in the state of bankruptcy or insolvency as
prescribed by applicable law;
d. Bidder is not under a declaration of ineligibility for fraudulent practices and corrupt practices by
any bank or functional authorities. For definition purpose, the terms “corrupt practice” and
“fraudulent practices” have their meanings as defined in and construed under Criminal
Code of Indonesia; and
e. Bidder is not currently being suspended from participating in tendering activities pursuant to
Indonesian Tendering Law and Regulations.

3. Bidder to Inform Itself

BIDDER shall study this RFP and obtain all information required to enable it to submit the proposal
and shall be deemed to be satisfied as to the correctness and sufficiency of the Proposal prior to it
being submitted.
Bidder shall bear all responsibility to fully investigate the conditions under which the Work will be
performed and to become knowledgeable of any other matters that might affect the Work or cost of
performance.

4. Bidder’s Proposal Requirements:

a. Proposal requirements are specified in detail in Annexure 1.2.

b. Bidder is to provide the Lump Sum Price(s) and/or Unit Rates in Indonesian Rupiah, as
applicable, for the Work valid until such time as specified in Annexure 1.2 as per the format
specified in this RFP.
c. Prices / Rates quoted shall be firm and fixed, and not subject to escalation and inclusive of all
costs necessary to perform the Work in accordance with the requirements of this RFP.
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 Provision and Installation of Pipelines, ILT, PLETs and Pre-
Commissioning Activities for Merakes Development Project

d. Unresponsive, incomplete or conditional Proposals may be rejected.

5. Bid Preparation Costs

All costs of Proposal preparation, submission and negotiation shall be borne solely by Bidder whether
the Work is subsequently awarded to Bidder or not. Contractor reserves the right to reject any or all
Proposals for any reason whatsoever and also the right to accept other than the lowest Proposal
without any obligation to reveal Contractor’s reason(s) for doing so.

2. Pre-Bid Clarifications

Any further information which might be required by Bidder in order to complete Bidder's Proposal may
be obtained from Contractor’s representative D N Rao (Mr.) via email at ajay.gupta@timas.com.
Bidder is required to submit its queries and requests for clarifications in the format specified in
Annexure 1.4

3. Bid Submission

BIDDER’s Proposal is to be submitted to Contractor in accordance with Annexure 1.2 of the RFP
within the date and time specified therein.

4. Key Dates

Key Dates and Milestones are stated in Attachment 6 - Scope of Work.

5. Contractor’s Assistance

Bidder shall define in its Proposal any assistance or services required from Contractor in the context
of the Work. If not defined, it will deem to be included in Bidder’s Prices.

6. Performance Guarantee.

Not used.

7. Guarantee / Warranty Period

The period of guarantee (“Guarantee Period”) is XXX, commencing upon mechanical completion of
the Work and acceptance of the same by Contractor.

8. Liquidated Damages for Delay

a) Time is of the essence.

b) In the event Bidder is awarded the Work and fails to complete the Work as per the Milestones
specified in Attachment-6 of this RFP, Bidder shall pay Contractor Liquidated Damages in the
amount equal to Maximum 10 percent (2%/Days) of the total Subcontract Price per day until
Bidder has complied with its obligations in this regard.

c) With respect to the Liquidated Damages payable, the following will apply:

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 Provision and Installation of Pipelines, ILT, PLETs and Pre-
Commissioning Activities for Merakes Development Project

i. Bidder’s cumulative liability in respect of Liquidated Damages shall not exceed in aggregate
maximum 10% (2%/Days) of the Subcontract Price.

ii. Payment of the Liquidated Damages shall constitute Contractor’s sole financial remedy,
whether in Subcontract or in law, for late completion of the Work during the period of time in
which liquidated damages apply;

9. Governing Law

This Subcontract is governed by and interpreted under the laws of Indonesia.

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