MOBIL PRODUCING NIGERIA UNLIMITED

SECTION I
INSTRUCTION TO BIDDERS
of

ITT NUMBER 00000153

for

Procurement, Construction & Installation

Services
Technical Skills Center

TECHNICAL INVITATION TO TENDER

March 2020

NCDMB Certification No: ES/NCDMB/MPN – TITT/3010/19/UPD/MPN AKWAIBOM STATE

COMMUNITY PROJECTS
Contents

1. Background and General information.............................................................................................. 3

1.1. Introduction................................................................................................................................. 3
1.2. Definitions.................................................................................................................................... 3
1.3. ITT components........................................................................................................................... 4
2. Nigerian Content............................................................................................................................. 5
2.1. Nigerian Content (NC) Requirements........................................................................................ 5
3. Consortium / Joint Venture (JV) participation.................................................................................7
4. ITT Conditions………………………………………………………………………………………………….7
4.1. ITT Costs...................................................................................................................................... 7
4.2. Right of Acceptance.................................................................................................................... 7
4.3. Bidder Provided Information...................................................................................................... 8
4.4. Binding Legal Relationship........................................................................................................ 8
4.5. Government Negotiations........................................................................................................... 8
4.6. Work Quantities........................................................................................................................... 8
4.7. Business Ethics........................................................................................................................... 8
4.8. Illegal Information Brokering...................................................................................................... 9
4.9. Laws and Regulations................................................................................................................. 9
4.10. Compliance with Labor Law:.................................................................................................. 9
4.11. Manufacturer and Accredited Distributor List.....................................................................10
4.12. Subcontractors...................................................................................................................... 10
4.13. Export Control........................................................................................................................ 10
4.14. Cabotage................................................................................................................................ 10
4.15. Confidentiality........................................................................................................................ 11
5. Tender Submission Guidelines....................................................................................................... 11
5.1. Tender overview........................................................................................................................ 11
5.2. Tender Submittal Format.......................................................................................................... 12
5.2.1. Phase I - Technical Tender:............................................................................................... 12
5.2.2. Phase II - Priced Commercial Tender (By Invitation Only):............................................12
5.2.3. Language............................................................................................................................ 12
5.2.4. NipeX Submission.............................................................................................................. 12
5.2.5. Responsive Bid.................................................................................................................. 12
5.2.6. Exceptions to the ITT......................................................................................................... 12
5.2.7. Registration with COMPANY............................................................................................. 13
5.3. Important Information............................................................................................................... 13
5.3.1. Tender Identification.......................................................................................................... 13
5.3.2. Signature Authority............................................................................................................ 13
5.3.3. Bid Validity.......................................................................................................................... 14
5.3.4. Bid Acknowledgement....................................................................................................... 14
5.3.5. Bid Decline Notification..................................................................................................... 14
5.3.6. Bid due date........................................................................................................................ 14
5.3.7. Early Submittals................................................................................................................. 14
5.3.8. Bid Clarification Meeting................................................................................................... 14
5.3.9. Clarifications from BIDDERS............................................................................................ 14
5.3.10. Clarification Process...................................................................................................... 14
5.3.11. Communication with COMPANY...................................................................................15
APPENDIX 1.1 - ACKNOWLEDGEMENT OF RECEIPT OF BID DOCUMENTS.................................16
APPENDIX 1.2 – NOTICE OF INTENT................................................................................................. 18
APPENDIX 1.3 - APPLICATION FOR APPROVED CONTRACTOR...................................................19
APPENDIX 1.4 - GENERAL COMPLIANCE REPRESENTATION.......................................................20
1. Background and General information

1.1. Introduction
1.1.1. Mobil Producing Nigeria Unlimited (COMPANY), in accordance with the NAPIMS / NCDMB /
MPN Joint tendering initiative, invites qualified BIDDERS to participate in the “Technical
Tender” for provision of “Procurement, Construction & Installation Services” for its
upcoming “Technical Skills Center Project”.
1.1.2. NNPC has a sixty percent (60%) and COMPANY has a forty percent (40%) undivided interest
in the Project. COMPANY in its capacity as Operator of the Joint Venture is inviting
competitive Bids and plans to award and administer contracts to the successful BIDDERS
under the terms of the PART I - PRINCIPAL DOCUMENT and Exhibits and PART II – JOB
SPECIFICATION included within this ITT.
1.1.3. COMPANY, on behalf of NNPC/MPN Joint Venture, plans to execute one Commitment
Agreement to perform Procurement, Construction & Installation Services for executing
the Project at the designated site in the Community Technical College, Ikot Akata, Akwa
Ibom State.

1.2. Definitions
For purposes of this Invitation to Tender (ITT), the following words and phrases shall have the meanings
stated below:

Affiliate: (1) ExxonMobil Corporation, (2) any company in which ExxonMobil Corporation
now or hereafter (a) owns or (b) controls, directly or indirectly, more than fifty
percent (50%) of the stock having the right to vote or appoint its directors
(COMPANY), and (3) any joint venture in which ExxonMobil Corporation or a
Company as defined under (2) in this paragraph is the operator. This is also
referred to as ExxonMobil in this document.

Agreement or The fully executed documents contained in PRINCIPAL DOCUMENT and the
CONTRACT: JOB SPECIFICATION of this ITT as may be modified by the mutual agreement
of COMPANY and Contractor.

BIDDER (or Those who receive this ITT and respond in such a manner as to constitute a
Tenderer): submission of a tender.

COMPANY: Mobil Producing Nigeria Unlimited (or MPN), the ExxonMobil Affiliate located in
Nigeria.

Contractor(s): The successful BIDDER(s), if any, eventually awarded a CONTRACT.

Contractor's Employees, contractors, consultants or agents of Contractor assigned to fill full

Personnel: time positions in support of COMPANY/NNPC Construction Services.

Goods: The materials and/or equipment specified in the documents contained in

“PRINCIPAL DOCUMENT, Exhibit B – Payment and Invoicing and the JOB
SPECIFICATIONS of this ITT and each applicable Order.

ITT: This Invitation to Tender package consisting of (i) Instructions & Forms, (ii)
PART I - PRINCIPAL DOCUMENT and its Exhibits, and (iii) PART II - JOB
SPECIFICATIONS.

NCDMB: Nigerian Content Development and Monitoring Board.

NipeX: Nigerian Petroleum Exchange.

NNPC / Nigeria National Petroleum Corporation / National Petroleum Investment
NAPIMS: Management Services.

Order: The document issued by COMPANY specifying the Goods to be supplied

and/or the Services to be performed for COMPANY, using any form COMPANY
may provide whether labeled as an Order or by other labels including, but not
limited to, "call-off", "release", "work release", "work order", "work
authorization", "letter of authorization", "purchase order" or "request for
services".

Services (or The Services specified but not limited to those as contained in Section D –
Work): Scope of Work of PART II – JOB SPECIFICATION of this ITT and in each
applicable Order, including all the activities, operations, tasks, duties, work and
undertakings of Contractor and its Subcontractors required to perform such
services including, but not limited to, the provision of materials, warehousing,
QA/QC, equipment, tools, and personnel and the necessary supervision,
consultations, and support incidental thereto.

Tender: The BIDDER’S submission in response to this ITT. As used in this ITT,
BIDDER may refer, individually or collectively, to BIDDER’S Technical Tender.

Work: The provision of Goods or the performance of Services, or both, as the case
may be.

1.3. ITT components

This ITT package consists of the following documents, forms, exhibits, and attachments:

■ INSTRUCTION AND FORMS

● Section I - Instructions to Bidders

● Section II – Nigerian Content

● Section III - Technical Proposal Form

■ CONTRACTUAL DOCUMENTS

● PART I - PRINCIPAL DOCUMENT & EXHIBITS

● PART II - JOB SPECIFICATION

 - Section A - Introduction to Job Specifications

- Section B - Definitions

- Section C - Project Description

- Section D - Scope of Work

- Section E- Contract Schedule

- Section F - Coordination Procedure

- Section G - Design Basis Documents

- Section H - Design Development Documents

- Section I - COMPANY Provided Items

- Section J - Qualified Suppliers and Subcontractors

- Section K - CONTRACTORS' Execution Basis

1.3.1. BIDDER to note that the information specified in this ITT package remains the sole basis for
submitting a Bid for this Tender.
1.3.2. Nothing shall be deemed to change or supplement this ITT except addenda and revisions
to this ITT issued in writing to BIDDER by COMPANY.

2. Nigerian Content
2.1. Nigerian Content (NC) Requirements
The Federal Government of Nigeria (FGN) in line with its vision for Nigerian Content (NC)
development has enacted the Nigerian Oil and Gas Industry Content Development Act 2010
(NOGICD Act).
NNPC/COMPANY requires that BIDDER comply with the NOGICD Act together with the Schedule
thereto and any regulations issued pursuant to the NOGICD Act.
Under the NOGICD Act, the term Nigerian Content is defined as "the quantum of composite value
added to or created in the Nigerian economy by a systematic development of capacity and
capabilities through the deliberate utilization of Nigerian human, material resources and services in
the Nigerian oil and gas industry."
A Nigerian Company is defined as "a company formed and registered in Nigeria in accordance with
the provision of Companies and Allied Matters Act with not less than 51 percent equity shares by
Nigerians."
BIDDER shall consider NC as an important element of their overall project development and
management philosophy for project execution (Section 2, NOGICD Act).
As required under the NOGICD Act, each BIDDER shall prepare and submit a detailed NC plan to
COMPANY for approval. Such NC plan shall demonstrate how BIDDER will give first consideration to
Nigerian goods and services.
BIDDER shall also note that in line with Section 104(2) of the NOGICD Act the sum of 1 percent of
the CONTRACT PRICE for this service shall be deducted at source and paid into the Nigerian
Content Development Fund established for purposes of funding the implementation of NC
development in the Nigeria oil and gas industry.
COMPANY believes that in successfully achieving the above, the outcome will be reduced costs and
increased availability of some goods and services over time. Furthermore, the full-cycle, long-term
profitability of offshore oil developments will be enhanced by the ability of current projects to generate
benefits for Nigerians and Nigerian businesses.
Upon CONTRACT award, CONTRACTOR failure to comply with the NOGICD Act or
demonstrate commitment to NC development is deemed an offence and liable upon conviction
to a fine of 5 percent of the project sum for each project in which the offence is committed or
cancellation of the project.
Nigerian Content Measurement Guidelines
The measurement of NC applies to all contracts to Nigerian or multinational
contractors/suppliers and shall be based on the Nigerian Content Measurement Guidelines
provided below.

Category Item % NC
Labour Salary costs of expatriates 0%
Expatriate reimbursable expenses/payments 20% of the hourly
(In-country) rate
Expatriate reimbursable expenses/payments 0% of the hourly
(Out of country) rate
Personnel costs on training / capability 100%
development / technology transfer carried out
in Nigeria for Nigerians
Personnel costs on training / capability 20%
development / technology transfer carried out
abroad for Nigerians
All gross payments (inclusive of salaries, 100%
allowances, tax etc.) to Nigerians employed in
the direct / indirect performance of work
All services rendered in Nigeria by Nigerians 100%
funded in Naira. Examples include legal,
secretarial, laboratory, catering, rentals,
logistics etc.
Statutory payments to Nigerian Governmental 0%
Organizations for permits, licenses and levies
in order to execute the contract
Materials Imported (sourced directly from foreign 0%
company)
Imported (sourced through a local company) 15%
Assembly done in Nigeria 40%
Manufacturing done in Nigeria with over 60% of 100%
the input materials being local materials
Equipment Equipment based on Nigerian equity ownership 0 – 100%
of rental equipment
Services Company(ies) with Nigerian equity ownership 100%
of >51%
 Category Item % NC
Company(ies) with Nigerian equity ownership 0%
of <51% and Nigerian Equity ownership of
Equipment <50%
CONTRACTOR shall maintain and preserve, and shall cause its lower tiers contractors to
maintain and preserve, accurate documentation and data (including, but not limited to, written and
electronic records books of accounts, correspondences, plans, permits, licenses, drawings,
payroll records, memoranda, receipts, and documentation of related systems and controls)
pertaining to all information provided in the monthly NC performance template.

3. Consortium / Joint Venture (JV) participation

3.1. BIDDER is not allowed to form a Consortium / Joint Venture (JV) with another company or
companies, for the purpose of this Tender. Only individual, standalone Bids are allowed to be
submitted for this Tender. Any JV/Consortium Bids submitted for this TITT will be
disqualified.

4. ITT Conditions
4.1. ITT Costs
All direct/indirect costs, expenses and overheads incurred by the BIDDER in participating in this
ITT Process are at the sole cost and expense of the BIDDER. COMPANY, or any of its
AFFILIATEs, will not be liable for any costs or expenses whatsoever or howsoever incurred by
the BIDDER in participating in this ITT Process, regardless of whether or not a CONTRACT is
executed with the BIDDER. These costs may include, without limitation, the costs of tender
preparation, participation in meetings or other activities related to the ITT, inspections/evaluation
at BIDDER’S site/home-office, or development of any CONTRACT that may result from the
bidding for which the ITT is issued.
4.2. Right of Acceptance
COMPANY reserves the right to accept or reject any Proposal, and to annul the bidding process
and reject all Proposals, at any time prior to contract award, without any obligation to inform the
affected BIDDER(s) of the grounds for COMPANY's action.

Further, COMPANY reserves the right to reject any Proposal which is incomplete, conditional or
obscure, or which contains additions not called for or irregularities of any kind.

Prior to detailed evaluation of each Submission, the COMPANY will determine whether each
Submission is substantially responsive to the requirements of the bidding documents. For the
purposes of this document, a substantially responsive Submission is one which conforms to all the
terms, conditions and specifications of the bidding documents without any material deviations,
omissions, conditions or reservation. A material deviation, omission, condition or reservation is one
that affects in any way the cost, scope, quality or performance of the WORK or which limits in any
way the COMPANY'S rights or each Bidder's obligations under the ITT or the upcoming
CONTRACT.

4.3. Bidder Provided Information

4.3.1. All information provided by the BIDDER in its Bid submission, including alternatives to the
JOB SPECIFICATION, is submitted on a non-confidential basis. COMPANY reserves the
right to utilize all the information contained in BIDDER'S submissions. COMPANY will reject
any Bid containing confidential or proprietary technical information that is not specifically
covered by a separate confidentiality agreement with COMPANY.
 4.3.2. By submitting its Bid, the BIDDERS agree that it will place no restrictive notices on any
document (including drawings) provided as part of this ITT. The BIDDER further agrees that
even if it does place such notices on documents, COMPANY is authorized to remove and/or
disregard any such restrictive clauses and shall be free to use and disclose any or all
information contained therein to their Affiliates or third parties without being accountable to
the BIDDER.
4.4. Binding Legal Relationship
This ITT and any participation therein, including any statements whether oral or written between
COMPANY and BIDDER or any negotiations between BIDDER and COMPANY, shall not
create or be deemed to create any binding legal relationship or contract or be construed to do
so between COMPANY and any BIDDER. Only when a written agreement is signed by the
successful BIDDER and communicated by COMPANY to the successful BIDDER in the manner
specified in these instructions, shall any legal relationship be created between COMPANY and
the successful BIDDER. The provisions of that Agreement shall govern the relationship
between the parties.
All BIDDERS submitting tenders do so with the understanding that COMPANY does not accept
any obligation of confidentiality with respect to any information disclosed to COMPANY in the
ITT documents unless specifically covered by a separate written confidentiality agreement. By
submitting their quotations, all BIDDERS agree they will place no restrictive notices on any
document (including drawings) provided as part of this ITT. The BIDDERS further agree that if
they do place such notices on documents, COMPANY is authorized to remove and/or disregard
any such restrictive clauses and shall be free to use and disclose any or all information
contained therein to third parties without accounting to the BIDDER. COMPANY has provided
anticipated activity as part of this ITT to assist BIDDERS in developing the pricing structures for
the quotation, but does not guarantee any amount of work.
4.5. Government Negotiations
BIDDER must obtain COMPANY’s consent prior to entering into any negotiation related
specifically to the ITT or CONTRACT with any government authority or agency. BIDDERS
entering in to any such negotiations without COMPANY’s prior written concurrence may be
disqualified from participating in this ITT.
4.6. Work Quantities
COMPANY shall be under no obligation to the successful BIDDER as to specific work or quantities
described in this Bid package. COMPANY specifically disclaims all responsibility for work
performed, quantities begun or produced, and obligations or expenses incurred by the successful
Bidder or Bidders prior to COMPANY's issuance of the CONTRACT award including, without
limitation, Bid preparation expenses and supplier commitment or cancellation charges.
4.7. Business Ethics
The BIDDER performing the WORK will be required to meet or exceed COMPANY's standards
for business ethics referenced in the PRINCIPAL DOCUMENT and JOB SPECIFICATIONS.
BIDDER will be required to observe appropriate business standards, procedures, and controls,
with the objective of avoiding any adverse impact on the interests of COMPANY, its Co-venturers
and any of its affiliates. In this regard, each BIDDER must be prepared to present to COMPANY’s
ITT review team, after submittal of its ITT, an explanation of the business procedures and
controls it proposes to implement during project execution if it were awarded the CONTRACT.
After CONTRACT award, COMPANY will conduct an ongoing review of the business procedures
and controls of the successful BIDDER as they are tailored to and implemented for the WORK.
4.8. Illegal Information Brokering
4.8.1. Warranty and Representation:
BIDDER and COMPANY are aware of a practice (known as "Illegal Information Brokering")
where certain persons or entities approach BIDDERS, subcontractors, vendors or other
suppliers, and offer confidential information or illicit influence in order to obtain business
through corruption of the competitive bidding processes. BIDDER recognizes that the
practice of Illegal Information Brokering or any other corruption of the agreement award
 process is not permitted by COMPANY and BIDDER warrants and represents that it has not
and will not utilize or participate in Illegal Information Brokering in connection with this
Agreement or any release.
4.8.2. Notification:
BIDDER agrees that it will promptly notify COMPANY's Controller if anyone approaches
BIDDER for the purpose of Illegal Information Brokering concerning this Agreement, any
release, or any other related business interest of COMPANY or any Buyer. COMPANY
undertakes that such notice and any related information provided by BIDDER will be treated
with the utmost discretion. COMPANY also undertakes that it will handle this information with
appropriate security measures in order to prevent any supplier, BIDDER or subcontractor
from gaining any unfair advantage subsequent to such notice.
4.9. Laws and Regulations
4.9.1. All BIDDERS must comply with applicable laws and regulations.
4.9.2. The BIDDER’S attention is directed to the provisions of Section 54 of the Companies and
Allied Matters Act of Nigeria, which states:
i. Subject to sections 56 to 59 of the Act, every foreign company which, before the
commencement of this Act, was incorporated outside Nigeria, and having the intention
of carrying on business in Nigeria shall take all steps necessary to obtain
incorporation as a separate entity in Nigeria for that purpose, but until so incorporated,
the company shall not carry on any business in Nigeria or exercise any of the powers
of a registered company and shall not have a place of business or an address for
service or receipt of invoices and other documents, as matters preliminary to
incorporation under this Act.
ii. Any act of the company in contravention of subsection (1) of this section shall be
void."
4.9.3. Successful BIDDER shall be required to show evidence of compliance with the Companies
and Allied Matters Act of Nigeria, evidence of valid registration with the Department of
Petroleum Resources (DPR) and possess in its own name a current permit to operate as an
oil industry services company in Nigeria.
4.10. Compliance with Labor Law:
i. COMPANY’s expectation is that all its Contractors/Suppliers shall provide their
employees with working conditions, including payment of wages and benefits, which
comply with applicable laws and regulations. In addition, Contractor/Supplier’s
employees are expected to meet the legal employment age requirements in the
country of their employment.
ii. All BIDDERS should note the following:
− The Contractor/supplier understands that it shall comply with all applicable laws
prohibiting the utilization of forced or compulsory labor.
− The Contractor/supplier understands that it shall provide its employees with
working conditions, including payment of wages and benefits, which comply with
all applicable laws
− The Contractor/Supplier understands that it shall ensure that its employees meet
the legal employment age requirements in the country of employment
− Adherence to these stated requirements is a condition of this Bid.
4.11. Manufacturer and Accredited Distributor List
BIDDER’S proposal shall be based upon the utilization of Manufacturer and Accredited Distributor
that have been nominated by COMPANY for the WORK as described in “Section J” of the JOB
SPECIFICATION. If BIDDER desires to utilize any vendor or supplier with equivalent or better
qualifications or Technical Specifications, other than those listed in Section J, the BIDDER shall
propose alternate vendors or suppliers for pre-qualification and consideration during the
 Technical ITT evaluation. After CONTRACT award the use of any vendors or suppliers not
included in Section J, or accepted by COMPANY during the ITT process, is at COMPANY’s sole
discretion and no impact to cost or schedule will be entertained should COMPANY choose not to
accept BIDDER’S proposed additions or substitutions.
4.12. Subcontractors
4.12.1. If the efforts of a third-party company other than the BIDDER are needed to perform a portion
of the WORK, the party proposed to have a part in the WORK (whether BIDDER is a
company or an unincorporated joint venture) must be placed in a subcontractor role. No such
outside company will be a party to any contract which may be entered into between
COMPANY and BIDDER, and BIDDER will be required to take full responsibility for such
company's performance under such contract. BIDDER shall include a description of proposed
subcontracts between itself and its subcontractors as part of its Technical ITT.
4.12.2. Where COMPANY has provided a list of acceptable subcontractors in this ITT package,
BIDDER must comply with this listing. After CONTRACT award, the use of any
subcontractors not included in COMPANY provided list, or accepted by COMPANY during the
process, is at COMPANY’s sole discretion and no impact to cost or schedule will be
entertained should COMPANY choose not to accept BIDDER’S proposed additions or
substitutions.
4.13. Export Control
4.13.1. BIDDER acknowledges that the information, technology, software, services, or commodities
(collectively, "Items") provided by COMPANY or its affiliates in connection with this ITT may
be subject to laws or regulations restricting their export, re-export, transfer or release to
certain governments, legal entities or individuals and/or to certain destinations and BIDDER
shall comply with any such laws.
4.13.2. BIDDER shall provide information regarding the nature, specifications and technical
details of goods or services supplied by Contractor as requested by COMPANY.
4.14. Cabotage
“For WORK performed using CONTRACTOR owned, operated or direct-chartered vessels,
BIDDER shall note that in line with the Coastal and Inland Shipping (Cabotage) Act, CAP C51,
Laws of the Federation of Nigeria (LFN), 2004 and Guidelines issued pursuant thereto, two percent
(2%) of the amount due to CONTRACTOR on the vessel rate portion of every invoice shall be
deducted by COMPANY during payment and remitted to NIMASA or the Cabotage Vessel
Financing Fund established for purposes of funding the development of indigenous capacity in the
Nigerian Maritime Industry.”
4.15. Confidentiality

COMPANY considers all aspects of the WORK to be confidential and requires that BIDDER
strictly limits disclosure of information given in this ITT to only those in BIDDER’S
organization who have a need to know in order to respond to this ITT. The information
contained in the ITT documents may not be disclosed, published, or advertised in any
manner without COMPANY's prior written authorization. All information contained in the ITT
documents MUST be treated as Proprietary regardless of whether the documents are
labeled as such or not. All ITT documents remain the property of COMPANY, and BIDDER
will be required to return them upon request. BIDDER MUST first sign a Confidentiality
Agreement with its parent company, its sister companies / partners, proposed
subcontractors and vendors before sharing any information from the ITT as necessary to
obtain required pricing and technical information. The information so shared must be
specific, appropriate, and labelled as confidential. BIDDER must also duly inform and
 educate its parent company, its sister companies / partners, proposed subcontractors and
vendors on all the conditions and requirements specified in this section.

5. Tender Submission Guidelines

5.1. Tender overview
5.1.1. A two-phase bid submission procedure will be implemented for this ITT. The first phase
submission will consist of the “Nigerian Content Bid” and the “Technical Bid”. The “Priced
Commercial Bid” is the next phase which will include only those BIDDERS whose first phase
submittals are found qualified by the joint technical evaluation team.
5.1.2. The “Bid” shall consist of all of the following:
i. BIDDER’S “Nigerian Content Bid” fully completed in strict accordance with the
instructions provided in “Section II – Nigerian Content”.
ii. BIDDER’S correct and complete “Technical Bid” prepared in complete compliance
with the following:
− Must be prepared in strict accordance with the instructions provided in “Section III -
Technical Proposal Form”,
− Must be in unconditional compliance with the PRINCIPAL DOCUMENT and the
JOB SPECIFICATION, and
− Must be complete with all supporting documents and attachments which may have
been specified, indicated or implied within “Section III - Technical Proposal Form”.
5.1.3. The “Bid” will constitute BIDDER’S entire offer for performance of all projects executed per
the upcoming CONTRACT. It must not be qualified or supplemented by any other document
or understanding.
5.1.4. The BIDDER is required to carefully study the contents of this ITT package and to obtain all
information it may require enabling it to submit its Bid. BIDDER assumes entire responsibility
for ensuring the correctness and completeness of its bid. No claims whatsoever will be
entertained arising out of BIDDER’S failure to study the ITT package.
5.1.5. Only those BIDDERS which meet the minimum requirements established for Technical
Qualification will be requested to submit a Commercial Tender at a later date.
5.1.6. BIDDER MUST ensure that the Technical Bid remains limited to the information requested in
“Section III - Technical Proposal Form”, and is correctly labelled and well-organized in the
format prescribed in “Section III - Technical Proposal Form”. Any additional or unsolicited
information provided by BIDDER will not be considered in the Technical Evaluation Process.
5.1.7. Failure to provide all the required information as detailed in this ITT, within the time specified,
may preclude further consideration of BIDDER for this ITT.
5.1.8. Bids which are found to be non-responsive, incomplete, conditional, or conflicting to
the requirements of this ITT package shall be declared non-compliant and may be
disqualified.
5.2. Tender Submittal Format
5.2.1. Phase I - Technical Tender:
The Technical Bid shall be submitted in Electronic Format. The bids should be submitted in
two separate electronic folders as follows:
i. Nigerian Content Bid containing only Nigerian Content data. (“Section II – Nigerian
Content”);
ii. Technical Bid containing only the information requested in “Section III - Technical
Proposal Form”); Bidder shall be promptly disqualified without further
participation if any prices are disclosed during this submission .
5.2.2. Phase II - Priced Commercial Tender (By Invitation Only):
 The Priced Commercial Tender will be the second phase of the bidding process and only
BIDDERS who have been qualified from the evaluation of Phase I bids (Technical Tender)
will be invited to submit a Priced Commercial Bid. When formally invited by COMPANY, the
Priced Commercial Bid shall be submitted by qualified Bidders as per the format and terms
stated in the Priced Commercial ITT.
5.2.3. Language
The Bids shall be submitted in the English language and all communications with COMPANY
in connection with the Bid shall also be in the English language.
5.2.4. NipeX Submission
i. Electronic copies of the bids shall consist of the final signed & stamped documents
scanned in to Adobe PDF files of minimum 300 dpi. All the corresponding native files
of entire Bid documents fully editable using Microsoft Office software must also be
provided along with the Bid. Tender files compressed in a zipped folder using a file
compression/zipping software like WinZip etc. are acceptable.
ii. All Electronic Tender data should be uploaded onto the NipeX portal no later
than the Bid due date indicated below. Any Tenders not uploaded by this due
date will be considered a "no quote". Tenders sent by hardcopy, email, fax or
mail will not be accepted. Only Tenders uploaded via the NipeX portal by the
Bid due date will be considered eligible for evaluation. The Tender packages
must be submitted on to the NipeX portal as follows:
− Nigerian Content Bid folder should be clearly marked “Nigerian Content Bid”
− Technical Bid folder should be clearly marked “Technical Bid”.
5.2.5. Responsive Bid
If a Bid does not comply with any of the requirements of this ITT, it may be deemed
unresponsive and dropped from further consideration. BIDDERS are cautioned against
presuming that COMPANY will approve any specific options/alternatives proposed by
BIDDER.
5.2.6. Exceptions to the ITT
i. Exceptions to PRINCIPAL DOCUMENT
The Technical Bid requires Bidder to list all its proposed exceptions to the PRINCIPAL
DOCUMENT in accordance with the instructions provided in “Section III - Technical
Proposal Form”. Except for those exceptions listed, each Bid submitted in response
to this ITT must be in strict compliance with the PRINCIPAL DOCUMENT.
ii. Exceptions to EXHIBIT A - COMPENSATION
BIDDER may list its proposed exceptions to the Commercial Terms and Conditions
contained in “EXHIBIT A - COMPENSATION” in accordance with the instructions
contained in “Section III - Technical Proposal Form”. Except for those exceptions
listed, each Bid submitted in response to the ITT must be in strict compliance with the
Commercial Terms and Conditions.
iii. Exceptions to JOB SPECIFICATIONS
The BIDDER is required to list its proposed exceptions to the JOB SPECIFICATIONS
contained in the ITT as instructed in “Section III - Technical Proposal Form”. Except
for those exceptions listed, each Bid submitted in response to the ITT must be in strict
compliance with the JOB SPECIFICATIONS included in the ITT.
iv. BIDDER to note that:
− all exceptions to the Technical ITT documents must be listed within the template
and location specified in the Section III – Technical Proposal Form. COMPANY
has no responsibility to discover, identify, or resolve any other exceptions or
deviations that may be contained in the other parts of the bid. Listing exception
elsewhere will lead to the Bid being declared non-compliant.
 − COMPANY shall be under no obligation to accept any exception proposed by
BIDDER in its Bid submission. COMPANY reserves the right to reject any Bid
submitted with any exceptions without giving any reasons. Any exceptions
proposed by BIDDER in its Technical Bid which are acceptable to COMPANY shall
be incorporated in the Commercial ITT and granted for all BIDDERS who have
been qualified to submit Commercial Bid. No new exception will be allowed during
Commercial Bid.
− Any Bidder who doesn’t submit any exception as part of its Technical Bid as
required in the ITT shall be deemed to have accepted all the terms and conditions
of the entire ITT as contained therein. No subsequent alterations, deletions or
modifications of the ITT or upcoming CONTRACT will be allowed.
5.2.7. Registration with COMPANY
BIDDERS not registered with Mobil Producing Nigeria Unlimited (MPN) or with the
appropriate regulatory authorities in Nigeria must endeavor to do so immediately. If BIDDER
is not currently registered as an approved Contractor with COMPANY, COMPANY’s “Form
N.0015 (10-85) - Application for Approved Contractor Status”, (see Appendix 1.3 of this
Section I for a reproduced copy of this form) must be submitted with the Technical Proposal
along with the following documents / certificates:
i. Copy of Certificate of Incorporation
ii. Current copy of permit from the Department of Petroleum Resources to operate as an
oil industry service company
iii. Certified copy of Memorandum and Articles of Association (including any changes
thereto)
iv. Latest Audited Accounts for the past three years,
v. Current Tax Clearance Certificate

5.3. Important Information

5.3.1. Tender Identification
The ITT and all related communications must be identified, referred and labelled as “ITT No.
00000153”.
5.3.2. Signature Authority
The Bid must be signed by a duly authorized officer of BIDDER. If BIDDER is a corporation,
the Bid must be signed in its name and on its behalf and under seal by a duly authorized
signing officer of the corporation and shall be accompanied by a certified copy of a board
resolution of the BIDDER authorizing such execution. The office held by the signing officer
shall be shown.
5.3.3. Bid Validity
BIDDER’S Tender submission must be valid for a period of not less than Three Hundred and
Sixty-Five (365) calendar days from the Priced Commercial Bid Due Date, as may be
amended.
5.3.4. Bid Acknowledgement
i. BIDDER shall give written acknowledgment of the receipt of the bid documents and
the Notice of Intent no later than March 9, 2020 using the forms set out in Appendix
1.1 and Appendix 1.2 of this Section I.
ii. Any BIDDER that is not a COMPANY approved contractor shall complete and submit
by the above mentioned date Appendix 1.3 – Application for Approved Contractor, of
this Section I.
iii. The acknowledgement, Notice of Intent and Application for Approved Contractor shall
be sent to the address shown in paragraph 5.5.
5.3.5. Bid Decline Notification
 If BIDDER does not intend to submit a Bid, please notify The Sealed Bid Administrator by
email using “Appendix 1.2 – Notice of Intent” of this Section I, with the hardcopy confirmation
no later than one week after receipt of this ITT package.
5.3.6. Bid due date
The Bid MUST be submitted on or before 4:00 PM, Nigerian time, March 30, 2020.
5.3.7. Early Submittals
- As per Nipex guidelines.
5.3.8. Bid Clarification Meeting
An ITT kick-off / tender clarification meeting will be held in Lagos, Nigeria, on March 16, 2020
with BIDDERS during which details of the proposed scheme and the COMPANY’s
Requirements will be presented. BIDDERS will be contacted and COMPANY will provide the
specific meeting agenda and arrangements. The objective of the meeting will be to provide
BIDDERS an overview of COMPANY requirements and will be an opportunity to BIDDERS to
ask questions and discuss any parts of the ITT requiring further clarification. If any
information arises during the meeting that significantly changes or supplements this ITT,
COMPANY will issue a written revision or addendum to all recipients of this ITT.
5.3.9. Clarifications from BIDDERS
All clarifications from BIDDERS shall be received by COMPANY no later than two (02) weeks
before the Bid Due Date in order to allow COMPANY to review and provide timely response
to BIDDERS. COMPANY reserves the right not to respond to any clarifications received from
BIDDERS after the above stipulated date and COMPANY has no obligation to grant any bid
extension as a result of late submission of clarifications by BIDDERS.
5.3.10. Clarification Process
BIDDER shall request any clarifications or questions on the ITT Package via e-mail to the Bid
Administrator at the email address shown in Appendix 1.2 below. COMPANY will upload the
response via NipeX and will also provide the response by email. COMPANY reserves the
right to modify, amend, delete, add, and/or clarify any part of this Tender Package at any time
prior to the Tender Due Date. COMPANY shall issue such modifications and amendments in
writing in the form of a COMPANY Clarification, which shall be sent to all BIDDERS. All
changes agreed upon during the clarification process shall be deemed to become part of the
Tender Package. Oral instructions, corrections, interpretations, or other unwritten
communications shall not be binding.
BIDDER shall promptly acknowledge, in writing, receipt of any COMPANY Clarifications and
shall confirm in the Tenders that the information contained in such Clarifications has been
considered in preparing the Tenders.
BIDDER’S questions, requests for clarification, etc. shall reach COMPANY no later than
March 12, 2020. Questions and clarifications raised thereafter by the BIDDER may remain
unanswered.
5.3.11. Communication with COMPANY
The means of communication with COMPANY will be through e-mail. All e-mails should be
addressed for the attention of:
The Bid Administrator
Mobil Producing Nigeria Unlimited
Email: ngeria.bidadministrator@exxonmobil.com
APPENDIX 1.1 - ACKNOWLEDGEMENT OF RECEIPT OF BID DOCUMENTS
E-mail with scanned Hardcopy Confirmation on Tenderer Letterhead
Sealed Bid Administrator
To: From: (BIDDER company name)
Mobil Producing Nigeria Unltd.
Mobil House, Lekki Expressway,
Victoria Island, P.M.B. 12054,
Lagos, Nigeria
Attention: Bid Administrator (BIDDER contact name)

E-mail ngeria.bidadministrator@exxonmobil.com E-mail (BIDDER e-mail.)

Phone: (BIDDER contact phone no.)

Subject: TECHNICAL SKILLS CENTER PROJECT ITT - ACKNOWLEDGEMENT OF RECEIPT OF

BID DOCUMENTS

ITT No.: 00000153

BIDDER acknowledges receipt of the Invitation to Bid (ITT) documents for the subject bid consisting of:

■ INSTRUCTION AND FORMS

● Invitation Letter
Section I - Instructions to Bidders
Section II – Nigerian Content
Section III - Technical Proposal Form
■ CONTRACTUAL DOCUMENTS
● PART I - PRINCIPAL DOCUMENT & EXHIBITS
- PRINCIPAL DOCUMENT
▪ Exhibit A – Description of Service
▪ Exhibit B - Payment and Invoicing
▪ Exhibit C – Malaria Control
▪ Exhibit D - Nigerian Content
▪ Exhibit E - Cell Phone Requirements
▪ Exhibit F – Not Used
▪ Exhibit G – Alcohol and Drug Requirement
▪ Exhibit H – Additional Article
▪ Exhibit I – Tuberculosis Control Program
▪ Exhibit J – Medical Surveillance Program
▪ Exhibit K – Safety, Health and Environment Requirements
▪ Exhibit L – Export Control
▪ Exhibit M – Infectious Disease Outbreak Management
▪ Exhibit N – Background Checks
● PART II - JOB SPECIFICATION
- Section A - Introduction to Job Specifications
- Section B - Definitions
- Section C - Project Description
- Section D - Scope of Work
- Section E- Schedule Basis
- Section F - Coordination Procedure
- Section G - Design Basis Documents
- Section H - Design Development Documents
- Section I - COMPANY Provided Items
- Section J - Qualified Suppliers and Subcontractors
- Section K - CONTRACTORS' Execution Basis

BIDDER agrees to comply with the ITT requirements set forth in the ITT. BIDDER also acknowledges that all costs of BIDDER in
participating in this ITT Process are at the sole cost and expense of the BIDDER. After BIDDER completes a thorough review of the
documents, BIDDER will advise if there are any missing pages or other discrepancies. BIDDER acknowledges that a Tender
clarification meeting may be scheduled and that the BIDDER is required to notify COMPANY of its proposed attendees prior to the
meeting.

[BIDDER's Signature]
 (Name) (Date)

(Title) (E-mail)
_________________________________________________
(BIDDER’s Company Name)
APPENDIX 1.2 – NOTICE OF INTENT

(BIDDER to complete this document duly signed & stamped on BIDDER’s Letterhead. Submit to
COMPANY a clear scan of the original document to ngeria.bidadministrator@exxonmobil.com )

Date:

REF: ITT No. 00000153 for TECHNICAL SKILLS CENTER PROJECT

ATTN: Sealed Bid Administrator, Mobil Producing Nigeria Unlimited.

FROM:
(Name)

(Phone Number)

MESSAGE:

I have received your Invitation To Bid No. 00000153 and Do Not intend to submit a Bid.

I have received your Invitation To Bid No. 00000153 and Intend to submit a Bid.

_______ The following documents were missing from our ITT

1. __________________________
2. __________________________
3. __________________________

[BIDDER's Signature]

(Name) (Date)

(Title) (E-mail)
_________________________________________________
(BIDDER’s Company Name)
APPENDIX 1.3 - APPLICATION FOR APPROVED CONTRACTOR
1. Name of Company _____________________________________ Telephone Number __________________
2. Registered Office Address:__________________________________________________________________
3. Name of Owners/Partners: ________________________ Address:__________________________________
4. Nigerian Registration Data: Companies Decree Business Name Reg. Act
Registration No: ______________________________Date: ________________
5. If registered under companies decree, state if Limited Liability Company ____ YES ____ NO
6. Is your company affected by the Nigerian Enterprises Promotion No. 4 of 1972? YES__________ NO____
7. State Paid Up Capital ______________________ State Turnover for the last 12 months ________________
8. State Equity Participation of Nigerian Citizen OR Associations in
your company OR Other Capital Contributions __________________________________________________
________________________________________________________________________________________
9. State type of service(s) offered OR
List and attach to Application_________________________________________________________________
10. How long have you been in this type of Are you willing to post a 10% Cash Performance Bond
business / service(s)__________years for any contract you undertake? ___ YES ___ NO
11. Give name of Directors of your Company and state Nationality of each:
1. 4.
2. 5.
3. 6.

12. CLIENT DATA

Name and Position of Clients
List companies for whom you have Date Where Total value
representative with whom we may
performed above Services (line 9) Performed Performed? of contract?
discuss your performance:

13. Do you have objections to our discussing your Bid with those listed above? If YES, state reason:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
____________________________________________________________________________________________

14. BANKING DATA

List Bank(s) with whom Reason for Type
Type of Account: Account Number: Remarks
you have Accounts Account Carried?

15. Do you have any objections to our discussing your banking data with the bank(s) listed above? If Yes, state
reason:

_____________________________________________________________________________________________

APPLICANT'S SIGNATURE:___________________________

TITLE:___________________________

DATE:___________________________
APPENDIX 1.4 - GENERAL COMPLIANCE REPRESENTATION

BIDDER hereby warrants and represents that it has read the technical, legal, and other requirements of this tender,
including but not limited to the Principal Document, Exhibits and JOB SPECIFICATIONS and that they will fully
comply with these requirements. BIDDER understands and agrees that non-compliance with this representation may
result in rejection of BIDDER´s bid in its entirety.

APPLICANT'S SIGNATURE:___________________________

TITLE:___________________________

DATE:___________________________