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Description of Services and Coordination Procedure..
Description of Services and Coordination Procedure..
DESCRIPTION OF SERVICES AND CORDINATION PROCEDURE: OF THE TECHINICAL INVITATION TO TENDER (TITT)
PART 3
APPENDIX A
DESCRIPTION OF SERVICES AND COORDINATION PROCEDURE
1. INTRODUCTION
This Appendix A generally describes the Services to be provided by Contractor to Company under this
Agreement, and shall be read as forming a part of the Exhibit A of the Service Outline Agreement –
Part 3 of the Technical Tender document.
The term Contractor is the same as Staffing Agency and both may be used interchangeably. Company
utilizes Technical Assistance Services via its approved Staffing Agencies at Company facilities.
2. GENERAL REQUIREMENTS
Contractor shall provide Technical Assistance Services to Company. Contractor’s shall provide
services to Company as directed in individual Orders.
Selected Contractor’s Personnel shall be assigned to Company to perform services under Company’s
technical direction. Such assignments shall consist of specific work scopes, which are described in
the Order.
3. CATEGORIES OF SERVICES
Technical Assistance Services Categories
Categories of Technical Assistance Services needed by Company may include but not be limited to
the following:
3.1.1. The scope shall cover represented Nigerian Contractor personnel only
3.1.2. They shall provide Manpower Services to support Company’s business in Nigeria,
covering all Company locations and as required by Company on a term / contract basis
3.1.3. The Contractor personnel positions shall include but not be limited to general,
professional and technical roles
3.1.4. The job taxonomy / requirements shall be specified for each Contractor personnel
position and the positions will cover a wide variety of skills.
3.1.5. Refer to Attachment A-4 for job titles; note that the list is not exhaustive
3.2.3. Refer to Attachment A-4 for service description for Scope # 2; note that the list is not
exhaustive
4. DEFINITIONS
Scope 2 Definition:
Contract Personnel Gross Base Rate:
A day rate shall include all hours worked, as detailed in Exhibit C;7.2 – Work Hours for Scope 2. For
clarity, incremental compensation is not earned or paid for time worked more than standard office
hours; Contract Personnel shall obtain prior, written Company approval for any unscheduled
workdays.
As part of the agreement administration process, Contractor shall attend business review meetings as
requested by Company and perform the following services.
5.1.1. Provide screened candidate, in which credentials match those defined in request to
Company for consideration
For VMS Requests ONLY: Contractor will submit Candidate resumes in response to
requisitions issued via VMS. Contractor will be advised by Company and/or MSP on
circumstances when it can or cannot contact Company directly with regard to Candidate
submissions.
5.1.2. Provide "fit for duty" candidates (i.e. medically fit / physically and legally capable of
performing job function, has the basic health and safety training, etc.)
5.1.3. Provide Personnel’s compensation proposal to Company, including but not limited to
salary, benefits, in accordance with the terms of Exhibit B
5.1.4. Contractor may be requested to limit the use of certain categories of personnel
relationship(s) for temporary workers provided to perform services for Contractor under
this Agreement (e.g., employee, sub-contractor, etc.).
5.2. Sourcing
5.2.1. When Contractor’s Personnel is required by Company, a request will be issued. The
request will outline the description for Candidate being requested and the Site which
Contractor’s Personnel services is required.
5.2.2. Requirements may be for a single or for multiple Candidates.
5.2.3. Company or MSP shall provide Contractor with written descriptions and requirements of
positions being considered by Company for placement.
5.2.4. Contractor shall use its best efforts to locate suitable Candidates and provide resumes
of such Candidates to MSP or Company promptly.
5.2.5. All correspondence to Company with regards to this process shall be sent according to
the contact information stated on the request or Order. Contractor will provide a
single/primary email address for all requests.
5.3. Mobilization
5.3.3. Collect and retain signed confidentiality agreements for all of Contractor’s Personnel
(Attachment A-3)
5.3.4. Perform Alcohol and Drug test on individual Company’s Order prior to commencement
of services unless otherwise prohibited by law (Exhibit G)
5.3.5. Arrange initial inoculations and ongoing medications, as required, for the assignment
location (Exhibit C, Exhibit J)
5.3.6. Contractor's Personnel may be required to support and represent Company in activities
as appropriate, some of which may require day or overnight travel, including travel
outside the country of residence
5.3.7. Medical Exams. If permissible by local law, Contractor shall ensure the following
requirements are met: pre-assignment medical assessment (i.e., before deployment to
any non-standard country) by an accredited physician to determine fitness for work.
Non-standard country is defined as a region that does not have resources for quality
medical care, Company or Affiliate medical contact are not available in the region, or
region requires non-routine immunizations (e.g. Polio, yellow fever, Typhoid, Japanese
Encephalitis, Meningococcal Meningitis). Additionally, such assessments shall be
conducted at other appropriate times, including but not limited to return from prolonged
sickness, absence from duty, or when fitness for work needs to be determined for any
other reason. Such assessment shall include the administration of appropriate health
questionnaires physical examination and if needed, annual respirator fit testing,
audiometric testing and training as necessary. The purpose for the medical assessment
is to:
5.3.7.1 Screen for significant medical conditions, which might require immediate medical
treatment beyond simple first aid) or follow-up, not readily available in a location
lacing an adequate medical care infrastructure.
5.3.7.2 Ensure at the time of placement that Contractor’s Personnel are medically
(physically and mentally) fit to perform all duties specified in the job description
without undue risk to him/herself or others or Company assets. Contractor shall
make readily accessible to each such Contractor’s Personnel pre-travel health
medical services. Such services shall ensure appropriate preparations for
assigned locations including vaccinations, supply of chemoprophylaxis, personal
medical supplies/prescriptions, insect repellant and education about local/public
health risks.
5.4.1. Comply with Company’s requirements as defined in all Exhibits or individual Company’s
Order
5.4.2. Provide / pay for personal tax support by a certified tax accounting entity, if applicable
5.4.3. Comply with labor law and tax requirements
5.4.4. Pay all taxes and payroll burdens as required by Law as required by the jurisdiction in
which the work is performed, Contractor’s location, and the Contractor’s Personnel’s
residence, as applicable;
5.4.5. Instruct its Contractor’s Personnel to report all of their time and expenses using the
method directed by Company
5.4.6. Emergency Evacuation (Medical & Safety). Contractor agrees to obtain and maintain
during the term of this Agreement medical evacuation coverage (urgent and non-urgent)
covering all Contractor’s Personnel provided by Contractor under this agreement from
internationally recognized medical assistance providers, such as International SOS. For
accidents that occur within Company’s facilities, Company will assist where possible with
evacuation movement of the injured Contractor’s Personnel from the scene of the
accident to the nearest medical facilities. Contractor is responsible for arranging and
providing all further required medical attention, i.e., hospitalization, transportation
(overseas evacuation, etc.). In the event that Company assists with or conducts medical
evacuations or emergency safety evacuations of Contractor’s Personnel, Company will
require reimbursement from Contractor for any and all applicable evacuation costs.
5.4.7. Safety & Health - Reporting Injuries, Illnesses and Accidents. Contractor shall
inform Company of any illnesses or injuries of any Contractor’s Personnel that occur on
Company premises or whilst conducting Company’s business. The Contractor will
properly document the injury/illness and work with Company to ensure appropriate case
management. Contractor needs to ensure Contractor’s Personnel is fit prior to returning
to work without restrictions. After treatment at the work site or medical facility, a first
report of injury is required to be completed within 24 hours after injury. The Contractor’s
Personnel, NOT the Company, must contact the Contractor to complete the
accident/injury report and to assist with the filing of all other necessary claim paperwork.
5.4.8. Administer malaria / curative kits to relevant Contractor’s Personnel as part of
Contractor’s Malaria Control Program
5.4.9. Provide appropriate safety Personal Protective Equipment (PPE) and work-related
uniforms (where not provided by Company)
5.4.10. Where applicable, administer Labor Relations strategy, meetings, bargaining and all
other requirements to ensure industrial harmony is maintained. See Section 12 for
details on Industrial Relations for Scope 1.
Contractor personnel providing Company considered essential services, are not
expected under any circumstance, to embark on strike or any form of work to rule
5.4.11. Be responsible for pension accrual and account set up with Fund Managers for their
personnel. Deductions must be repatriated monthly to the pension accounts.
5.4.12. Comply with government regulations on contributory payments, including the Industrial
Training Fund contributions for their personnel.
5.4.13. Provide evidence of salary payments and previous month’s pension payments by the
salary due date at the end of each month, and at the latest, the third working day of the
new month. Payment dates must be clearly indicated on the evidence.
5.4.14. Provide Company with copy of annual PAYE Tax return report by January 31st of every
year.
6. OTHER REQUIREMENTS
6.1. Contractor’s Personnel Qualification. Contractor will take all steps reasonable to ensure that
all Contractor’s Personnel are qualified to perform the work required, according to Company’s
instructions. Contractor will ensure that all Candidates' qualifications are complete and accurate,
that they pass pre-engagement screenings as Company may require, that they are legally
authorized to work in the country in which the work is to be done, and that any special conditions
relating to the Candidate (i.e., debarment) are disclosed to Company at the time the Candidate
is presented. Company will not provide any feedback on pre-engagement screenings.
6.2. Contractor Responsibility for All Employment Relationships. Company will not provide
any performance evaluation of the Contractor’s Personnel. Contractor will maintain and be
responsible for all administrative matters incidental to its relationship as employer of
Contractor’s Personnel, including but not limited to:
6.3. Termination of an Order by Company or Contractor. Company may terminate an Order for
any reason. Company or MSP will endeavor to notify Contractor in advance of early termination
of an Order, but neither Company nor MSP is under any obligation to give any advance notice.
Company will have no obligation to pay Contractor for any unapproved time worked by
Contractor’s Personnel following notice of Order termination.
6.3.1. Scope 1: For contractor initiated terminations, contractor shall notify company of its
personnel resignation in writing, submit an exit notification form completed as part of its
exit interview with the personnel and send the personnel’s computed terminal benefits
for ratification and reimbursement. For company initiated termination, upon receipt of
notice from company, contractor shall complete and send the personnel’s terminal
benefits for ratification.
6.3.2. Scope 2: For contractor initiated terminations of service, contractor will notify company
in writing of their intention to withdraw service and submit a service exit notification form
completed as part of its exit interview.
6.4. Discipline and Removal of Contractor’s Personnel. If Company is dissatisfied with the
behavior or performance of any Contractor’s Personnel, Company will notify Contractor and
Contractor will resolve the issue directly with its Contractor’s Personnel or terminate the Order,
solely at Company’s discretion.
6.5. Payment of Contractor Wages. Contractor acknowledges that it is solely responsible for
payment of its Personnel’s wages, regardless of Company’s payment or non-payment to
Contractor for any Technical Assistance Services performed. Contractor will indemnify and hold
Company harmless for any claim of tax or payroll liability to any Contractor’s Personnel.
6.6. Company Policies and Procedures. Contractor will comply with all applicable Company
policies and procedures applicable to it in its performance of the Services subject to, and in
accordance with, the terms of the Agreement.
For example, Company utilizes mock phishing attacks for all employees and contractors that
have access to Company’s computer hardware or network facilities. If Contractor’s Personnel
fail Company’s mock phishing attacks, Company may remove Company-provided internet
access from Contractor’s Personnel, remove Contractor’s Personnel from Company’s premises,
or take such action as Company deems fit in its sole discretion.
6.7. Observance of Company Work Rules. Contractor will require each Contractor’s Personnel
to observe all of Company's regulations and rules in effect at the Work Site regarding passes,
badges, and conduct on the property.
6.8. Contractor’s Personnel Relations. Contractor will advise its Contractor’s Personnel assigned
to Company that all questions about pay, benefits and other conditions of work are to be
resolved solely with Contractor.
6.9. Training. Company’s relationship with Contractor’s Personnel differs from its relationship with
employees, and accordingly, the training Company will provide Contractor’s Personnel is
limited. Company may at times have a justified business need to train certain Contractor’s
Personnel. However, this training should only occur when the training is unique or customized
to Company’s environment and is not readily available outside of Company. Company should
not provide Contractor’s Personnel with personal development, general business or cultural
training (e.g., Presenting Effectively, Leading Effective Meetings, etc.)
6.9.1 From time to time, Company may require that Contractor performs additional
services in the course of executing the Work Scope of this Agreement. Such additional
services such as BOSIET and OSP shall be communicated to Contractor in writing, and costs
incurred by Contractor for the successful performance of the said service shall be considered
as Reimbursable Costs; reimbursable at cost (without Mark-up), provided prior consent to
incur such expenses was received from the Company, in writing
6.10. Administrative Compliance. Contractor will not permit any Contractor’s Personnel to begin an
assignment before the Company has issued an Order and all required documentation has been
submitted to the Company.
Company or MSP will perform periodic audit services related to the terms of the Agreement,
which include ensuring Supplier’s compliance to onboarding requirements. This may include
verification of drug and background screenings, eligibility to work and any other Agreement
compliance requirements.
Periodic audits shall be conducted at a frequency determined by the company for each
contractor by company. Company will, on a continuous basis, monitor, audit and review the
quality performance of Contractor to ensure compliance with relevant requirements in all areas
during the performance of the Services. Contractor shall facilitate these activities in a manner
to be agreed after commencement of this Agreement. Company shall have the right, but not the
duty, to perform separate and additional testing and inspections at any time.
regard to public and community relations, personal conduct and compliance with all
existing laws and regulations.
6.12 Reimbursable Costs - Other Costs.
6.12.1 Retrieval of Company items in Contractor Staff’s possession and Return of
Contractor Staff’s personal items in Company Facility where retrieval and/or return
of such item is impracticable, either due to demobilization or other unforeseeable
reason
I. Cost of returning Company property to Company from Contractor Staff who is
out of Company’s location
II. Freight Cost of Contractor Staff’s personal items to Contractor Staff’s point of
origin, up to a maximum weight of 64kg on a Company nominated airline
7.1.1. Office-based, onshore (non-rotational) and project site work will be based on an eight
(8) hour per day schedule Monday through Friday. Personnel who work overtime on
Weekdays, if pre-approved by their supervisor(s), are entitled to overtime allowance.
Hours in excess of eight (8) hours per day, Monday through Friday, will be billed at the
overtime rate. Overtime rate will apply to a minimum of two (2) hours and a maximum of
thirty four (34) hours per month.
7.1.2. Standard Offshore / Onshore rotational work will be based on 14/14 days rotation of
twelve (12) hour per day schedule Monday through Sunday. Other rotations may be
approved by Company as required. Personnel on rotational schedule who work overtime
on Weekdays, Weekends or Public Holidays, if pre-approved by their supervisor(s), are
entitled to overtime allowance. Hours worked in excess of twelve (12) hours per day will
be billed at overtime rate to a maximum of sixty six (66) hours per month.
7.1.3. Office-based workers are eligible for overtime on Weekdays only and Per-diem for
weekend/vacation/public holidays work. Shift workers and Offshore/Onshore rotators
are eligible for overtime on Weekdays, Weekend and Public Holidays.
7.1.4. Personnel are entitled to statutory holidays, vacation and statutory sick days in
compliance with Law.
7.1.5. Prior approval from the Company is required for On-Call services. Company shall pay
Contractor for the On-Call work hours as outlined in Exhibit B, if applicable.
7.2.1. Office, Onshore (non-rotational) and Project Site service shall be based on a minimum
of 8.5 hours per day schedule (inclusive of 1 hour lunch break) from Monday to Friday.
Service shall only be performed on Saturdays, Sundays and Public Holidays upon prior
written approval by Company’s authorized representative (or in writing soon thereafter)
and shall be billed at the Standard Base Rate.
7.2.2. All Service performed remotely away from a designated Company location (e.g. from
home, alternative 3rd party location) as approved by Company’s authorized
Representative shall be based on a three-day work week, unless additional work days
are prior approved by Company’s authorized Representative. For flexibility, Work may
occur on any day of the week (including Saturday and Sunday) and may be 0.5 of a
work day (minimum four hours) or full work day (minimum eight hours), as long as the
entire period does not exceed three days in a calendar week. Where approved,
additional work days shall be billed at the Standard Base Rate
7.2.3. Offshore / Onshore rotational work will be based on twelve (12) hour per day schedule,
Monday through Sunday. Rotational schedule shall be as approved by Company.
7.2.4. A day rate shall include all hours worked. For clarity, incremental compensation is not
earned or paid for time worked more than standard office hours; Contract Personnel
shall obtain prior, written Company approval for any unscheduled workdays.
7.2.5. Company shall only reimburse Contractor for actual time Service is performed. Only
days worked will be paid for.
7.2.6. Prior approval from the Company is required for On-Call services. Company shall pay
Contractor for the On-Call work hours as outlined in Exhibit B, if applicable.
The following guidelines address the requirements associated with working remotely in
such instances:
Contractor Personnel shall ensure the remote environment complies with Company's health
safety standards (including ergonomics), management and protection of information (MPI)
guidelines and cybersecurity requirements
Contractor Personnel shall immediately advise the Contractor of any work related injury or
illness. Contractor shall in tum notify Company as soon as they become aware
Meetings - Contractor Personnel shall not hold any face-to-face business meetings on behalf
of Company at the remote work environment
Time Reporting
Time reporting and billing shall be aligned with Company approved work plans / schedule
and the same as at a traditional office or Company managed work location (reference
Exhibit C)
If Contractor Personnel is ill or cannot work for any reason at the remote work environment,
they must immediately advise Contractor and Company supervisor
Compensation
Location-based allowances / premiums shall not apply where Contractor Personnel is not
working from that Company location
Other expenses including but not limited to home insurance, utility costs shall not be
reimbursable by Company
Dependent Care - During work from home instances, Contractor Personnel with dependents
at home should maintain appropriate dependent care arrangements. Working from home shall
not serve as a substitute for ongoing dependent care
7.5. For VMS ONLY: Contractor will instruct its Contractor’s Personnel to report all of their time and
expenses using the method directed by Company or MSP. Unless otherwise instructed,
Contractor will not issue any invoices to Company or MSP for any Contractor’s Personnel time
or expense. Company or MSP will use the information reported by Contractor’s Personnel and
approved by Company to invoice Company on Contractor's behalf and to pay Contractor on
Company's behalf. Contractor will resolve all billing and payment issues with Company or MSP.
8.1. Key Performance Indicators (KPIs). As part of ongoing service improvement process,
Company will jointly develop and monitor Key Performance Indicators (KPIs) with Contractors,
including Nigerian Content.
8.3. Performance Reporting. Contractor is responsible for tracking its performance and the
performance of its Subcontractors in accordance with Key Performance Indicators (example in
Table 1 below). Periodically as defined by Company, Contractor shall provide updated
performance measurements to Company. Likewise, Contractor may from time to time be
individually requested by Company to provide updated performance measurements specific to
Orders issued by Company and, if requested, shall comply within a reasonable time period.
10.1. VMS. Contractor will have access to a VMS used to facilitate the Technical Assistance Services.
The VMS may be owned by a third-party VMS provider or by Company.
10.2. Software License. Contractor is granted a limited, worldwide, revocable, nonexclusive license
to use the VMS. The license may be terminated at any time by giving notice to Contractor.
Contractor may be required to execute an additional agreement with the VMS provider to perfect
this license. If any provision in a separate agreement contains terms that conflict with the terms
in this Agreement, the terms of this Agreement will apply.
10.3. No Right to Subcontract VMS. Contractor may not authorize any third party to access or use
the VMS, nor may it share any log-on information or passwords with any third party.
10.4. Contractor Responsible for All Use of the VMS. Contractor is responsible for all use of the
VMS by itself and Contractor’s Personnel. Contractor will be liable for any damage caused to
the VMS by any malware introduced into the VMS as a result of Contractor or Contractor’s
Personnel’s use. Contractor will instruct all Contractor’s Personnel that they must be authorized
to access the VMS from any remote site and that they must comply with all of Customer's
security requirements before doing so.
10.5. VMS Enhancements. Contractor may suggest enhancements to the VMS. Any suggestion is
Company's sole and exclusive property. Contractor will have no claim to profit or participate in
any improvements made to VMS as a result of Contractor’s suggestion.
10.6. No Reverse Engineering of VMS. Contractor will make no attempt to use its experience using
the VMS to copy, reverse engineer or develop software similar in form or function to the VMS.
Any work product resulting from any attempt to do so will become Company's sole and exclusive
property and Contractor will have no right, claim or interest in the work product. Company has
the right to use, assign or modify any work product developed in violation of this provision.
10.7. No Attempt to Hack the VMS. Contractor will make no attempt to break into, copy, hack or
otherwise violate the integrity of the VMS or of Company or Company’s data, or to install or
introduce into the VMS any malware of any kind for any unauthorized purpose (including so-
called "ethical hacking").
Examples of sanctions that may apply include and are not limited to the following:
11.1. Late salary payments attract a penalty of less 10% of Agency Fee for the applicable month.
Contractor shall pay Contractor’s Personnel by the last work day of each month. This penalty
will not be applicable where it is determined by the Company that the delay is not occasioned
by the contractor.
11.2. Company may restrict Contractor from receiving Requests for Candidates
11.3. Company may suspend and/or terminate this Agreement
12.3. Should any strikes or lockout occur as a result of this, Contractor shall be penalized. No markup
shall be paid to Contractor for the period of the strike/lockout. No salaries shall be paid to the
striking staff for the period.
12.4. Contractor shall formally engage Company representative (HR Manager/Industrial relations
advisor) on all industrial relations related issues as mentioned in 12.1 above for the purpose of
reaching Company approved agreements.
12.5. Contractor staff shall not bargain directly with Company on Industrial relations issues.
12.6. Contractor shall maintain and provide to Company a Labour Relations Plan which shall detail
all Contractor’s intentions, activities and procedures applicable to obtaining all necessary labour
management and general labour relations matters during the terms of this Agreement.
12.7. In addition to the Labour Relations Plan, during the term of this Agreement. Company will inform
Contractor of any additional information Company may require with respect to Contractor’s
labour matters including any Information which Company may be requested to provide to
Governmental Authorities.
Guidance
Contractor Personnel’s Review of
Pertinent ExxonMobil Contract Terms and Confidentiality Agreement
1. This document is read and signed by the Contractor’s personnel prior to commencement of
assignment and maintained in Contractor’s files for ten (10) years after termination of the Order.
2. Copies of relevant sections of the Agreement are made available to Contractor’s personnel prior to
them signing the Contractor Personnel’s Review of Pertinent ExxonMobil Contract Terms and
Confidentiality Agreement. In particular Contractor is to make Exhibit I (Health and Safety
Guidelines), Exhibit G (Drug and Alcohol Policy), Exhibit E (Cell Phone Usage) and Exhibit S
(Standards of Business Conduct) available to individual as the Order stipulates that the individual
has read and understood these Exhibits.
Attachment A-3:
A. Independent Contractor
i. Independent Contractor. Contractor, in performing Services and other obligations under
an Order, shall be an independent contractor controlling and supervising its personnel
and equipment used in performance of the Order and not the agent or employee of
Company. Company's interest is in the completed performance of the Order. Neither
Contractor nor its personnel shall be entitled to participate in or receive benefits from
any employee benefit plan sponsored by ExxonMobil Corporation or any of its affiliated
companies. Personnel provided to perform services under an Order are considered
"special agreement persons" under the terms of the core benefit plans of ExxonMobil
Corporation and, as such, are expressly excluded from participation thereunder. Such
individuals shall not be considered "regular employees" or "non-regular employees" of
ExxonMobil Corporation or any of its affiliated companies for purposes of plan
participation.
ii. The following is included in Section 10 (Governing Law): When Louisiana law governs
an Order, Company (as principal) and Contractor (as direct employer) agree to
recognize Company as the statutory employer of employees of Contractor and its
subcontractors while such employees are providing Services to Company under such
Order. This provision is included for the sole purpose of establishing a statutory
employer relationship to gain the benefits expressed in La. Rev. Stat. 23:1031 (C-E) and
La. Rev. Stat. 23:1061(A) and is not intended to create an employer / employee
relationship for any other purpose.
requirements, Contractor shall be responsible for and shall ensure that all Services are
performed in compliance with any and all:
a. Health and Safety requirements of the Company set out in Exhibit I;
b. Drug and Alcohol requirements set out in Exhibit G, and
c. Malaria Control Program requirements set out in Exhibit C if such exhibit is
incorporated into the Agreement or, pursuant to Sub-Clause 27.1, into an Order.
ii. In addition, Contractor shall be responsible and shall ensure that all Services are
performed in compliance with any changes to Exhibit G or notifications as to Exhibit C
made by Company in accordance with Sub-Clause 21.2. Contractor shall adopt
whatever methods, procedures and precautions are necessary to comply with the
provisions in this Clause. Contractor shall report all accidents, injuries and near-misses
arising out of the performance of Services under any Order promptly to Company and
to governmental authorities as required by Law.
a. Contractor's Personnel’s Information. Neither Company nor Company shall have any
obligation of confidence with respect to any information disclosed to Company or
Company by Contractor’s Personnel, and Company and Company shall be free to
use or disclose any or all of the information contained in any report, drawing, record
or other document to third parties without accounting to Contractor’s Personnel
therefor; unless, however, information is specifically covered by a separate, written
confidentiality agreement between Company or Company, as applicable, and
ii. Contractor’s Personnel shall further ensure that such access will only be in the manner
prescribed by this provision, only when such access is necessary for those services and
only by individuals who require access to perform the services. Contractor’s Personnel
will notify Company of each individual requiring access to perform services under this
Agreement and inform Company when an individual no longer requires access. In
addition, Contractor’s Personnel shall ensure that each such individual at a minimum
complies with the obligations of this Agreement and with any other security and control
requirements provided to Contractor’s Personnel from time-to-time by Company's
representative. If Contractor’s Personnel discovers any actual or suspected
unauthorized use or breach of this clause regarding the Computing Resources or
Information, Contractor’s Personnel will immediately report the same to Company.
Company may deny access to any Computing Resources or Information belonging to
Company at any time. Company may terminate the access rights granted herein in whole
or in part at any time and for any reason whatsoever or for no reason, in Company's sole
discretion.
iv. Contractor’s Personnel understands that its access to and use of the Computing
Resources and Information is provided solely for Company’s purposes, and Contractor’s
Personnel shall have no right or expectation of privacy relating to such access or use.
Company reserves the right to log and monitor access to and use of the Computing
Resources and Information at any time and without any notice. Such monitoring may
include inspection for potential breaches of this clause, including use of any of
Company's Confidential Information and any other information, data, document, record
or computer program.
As Contractor’s employee, having read and understood the Access to Computing
Resources and Information clauses above, I agree that these provisions apply to me. I
agree that I shall have no right or expectation of privacy relating to access to and use of
the Computing Resources and Information, and that Company reserves the right to log
and monitor my access to and use of the Computing Resources and Information at any
time and without any notice.
A. I agree to hold in confidence all business, legal and technical information to which I have access
or which I create/develop during the course of my duties in connection with Contractor's
Services to Company. I agree that I will not use any of this information, or disclose any of this
information to others, at any time except as required by Company's Order with Contractor. I
agree that I will abide by this confidentiality requirement both during and after the period in which
I perform services for Company.
B. I agree that unless I have first received proper authorization to do so, I will not remove from
Company's or Contractor's workplace or otherwise any paper, computer records or other
documentation incorporating any information I am obligated to hold in confidence under this
Confidentiality agreement. I agree that, as soon as my duties in connection with Contractor's
Services to Company are either completed or terminated, I will (a) return to Company and/or
Contractor all documents which came into my possession as a result of my duties in connection
with Contractor's Services for Company, and (b) provide Company and/or Contractor with all
documents I create or develop during the course of my duties in connection with Contractor's
Services for Company.
C. I hereby assign to Company the sole ownership of all copyrights in all works created in the
course of my services. At Company's request, I will render reasonable assistance in connection
with protecting Company's rights to such copyrights.
D. I will promptly disclose to Company all inventions whether or not patentable, made or conceived
by me, either alone or jointly with others (i) during the term of the applicable Order between
Company and Contractor and within one (1) year thereafter, and (ii) in the course of or as a
result of any services, or as a result of the information revealed to me directly or indirectly by
Company. I also agree, upon Company's written request and at Company's sole cost and
expense, to assign to Company or its nominee my entire right, title and interest in and to any
and all inventions, whether patentable or not, and to execute such documents as may be
required to file applications and to obtain patents covering such inventions and improvements
in Company's name or in the name of Company's nominee in all countries.
E. I agree that the provisions of this Confidentiality Agreement shall be specifically enforceable.
F. This Confidentiality Agreement shall be binding upon not only myself, but also my heirs,
administrators, and other legal representatives.
III. Benefits
I agree that I perform services as an employee or contractor of Contractor. I further agree that I am
a "special agreement person" and not a "regular employee" or a "non-regular employee" of
Company as defined in the Benefit Plan of ExxonMobil Corporation and Participating Affiliates. I will
not be entitled for services rendered under this Agreement to any benefits included within any
program sponsored by ExxonMobil Corporation or its divisions or affiliates and available to
Company's employees.
A Vendor Management System (VMS), as defined below, will be used to collect and store the
following data on each of Contractor’s Personnel that is submitted as a candidate to Company or
an Affiliate by Contractor. The candidate’s name, month and date of birth are captured in order to
identify and create a unique code for each individual in VMS. Access to this data is available to
personnel with a need to know of Company, its Affiliates, Contractor, and the VMS provider, and
the VMS provider will retain this data for a period of no less than 10 years from the date the data is
first entered into the VMS, unless a different retention period is required by applicable law. For
purposes of this paragraph, VMS means the contingent workforce management software or system
used to manage Company’s acquisition and use of Services.
_______________________ _____________
(Signature) (Date)
_______________________
(Printed Name)
(This list is not exhaustive, but only a reflection of the categories of services that may be
applicable)
Engineering
Civil
Civil Engineer / Specialist
Civil Engineering Coordinator
Civil Lead
Drilling and Subsurface
Completions Engineer
Drill Team Quality Representative
Drill Team Quality Representative
Coordinator
Wells Advisor
Drilling Engineer / Specialist
Drilling Project OI Advisor
Drilling Rig Site OI Advisor
Drilling / Well Intervention Subsea Advisor
Fluids Advisor
Rig Construction Advisor
Rig Supervisor
Electrical
Electrical Engineer
Electrical Lead
Equipment and Mechanical
Equipment Engineer
Machinery Engineer / Specialist
Machinery Lead
Mechanical Engineer
Mechanical Lead
Mechanical Technician
Flow Assurance
Flow Assurance Engineer / Specialist
Flow Assurance Lead
Instrument, Measurement and Control
Systems
Instrumentation and Controls Engineer
Instrumentation and Controls Lead
Applications Engineer
Marine
Marine Engineer
Marine Lead
Marine Advisor
Materials Integrity
Materials Engineer / Specialist
Materials Lead
Modeling and Optimization
Optimization Engineer
Pipelines and Risers
Pipeline Engineer
Pipeline Lead
Pipeline Operations Manager
Piping Designer
Umbilicals / Risers / Flowlines Engineer /
Specialist
Umbilicals / Risers / Flowlines Lead
Process Engineering
Environmental Engineer
Facilities Engineer / Specialist
Facilities Lead
Oil & Gas Reliability Engineer
Petroleum Engineer
Process Engineer
Process Lead
Quality Assurance Engineer
Risk and Loss Prevention Engineer /
Specialist
Production Engineer / Specialist
Technology Specialist
Products Technology
Fixed Equipment Strategy Specialist
Reservoir
Reservoir Engineer / Advisor
Well Test Engineer
Subsea
Subsea Controls Engineer
Subsea Hardware Engineer
Subsea Pipeline Specialist
Subsea Systems Engineer
Geoscience
Geophysical Operations
Borehole Seismic QC
Geophysical Quality Control Representative
Geophysicist
Geotechnician
Land Survey QC
Navigation QC
Geophysical Processing
Operations Integrity Management System
(OIMS) Advisor / Assessor
Technical Auditing Engineer
Technical QC
Operations Geology
Protected Species Observer
Operations / Wellsite Geologist
Other
Other
Miscellaneous - General
Senior Leader/ Expert Professional - General
Senior Leader/ Expert Professional -
Technical
Miscellaneous - Technical
Operations
Industrial
Equipment Operator
Line Operator
Fork Lift Driver
Inventory Control Analyst
Machine Operator
Picker / Packer
Production Labour
Warehouse General Labour
Production Lead
Logistics
Aviation Dispatcher
Dispatcher
Driver / Transportation Operator
Refueler
Shipment Coordinator
Aviation Specialist / Advisor
Aviation Supervisor
Materials Coordinator
Camp Services Coordinator
Drilling Logistics Lead
Logistics Advisor
Logistics Coordinator
Logistics First Line Supervisor
Logistics Specialist
Project Logistics Lead
Project Logistics Manager
Maintenance
Corrosion Technician
Electrical Engineering Technician
Electrical Maintenance Technician
Instrument Maintenance Technician
Instrumentation and Controls Coordinator
Project Support
Documentation Specialist
Technical Writer
Business Lead
CAD Designer / Drafter
Contracting Management Advisor
Contracts Advisor
Cost / Schedule / Controls Engineer / Specialist
Cost Estimating Lead
Materials Management Advisor
Planning and Scheduling Engineer
Planning and Scheduling Lead
Planning Technician
Project Controls Advisor
Project Controls Lead
Project Coordinator
Technology Advisor
Quality Management
Inspection Advisor
Non-Destructive Test Technician
Procurement Quality Coordinator
Quality Advisor
Quality Assurance Coordinator
Quality Manager
Site Inspector
Site Quality Coordinator
SURF Inspector
Systems Completion and Start-Up
Start-Up Lead
Start-Up Manager
Start-Up Specialist
Systems Completion Database Administrator
Systems Completion Engineer / Specialist
Systems Completion Lead
Systems Completion Planner
Human Resources
Embedded
HR Advisor/Generalist
HR Analyst
Labour Relations Advisor
Recruiting Coordinator
Senior Claims Administrator
Senior Case Manager
Human Resources Management
Trainer
Training Coordinator
Finance
Advisory and Analyses
Financial Analyst
Controllers
Accountant
Accounting Clerk
Auditor
Controller
Tax Advisory
Tax Advisor
Law
Attorney
Attorney
Litigation Attorney
Paralegal
Paralegal
Information Technology
Applications
Data Support Analyst
Database Administrator
Developer
Infrastructure
Support Services Analyst
Process Analyst
Systems Engineer
Other IT
Customer Service / Helpdesk Analyst
Project Information Management Lead
Administrative
Administrative / Clerical
Administrative Assistant
Business Services Coordinator
General Office Clerk
Data Analyst
Data Entry Clerk
Event Coordinator
Executive Administrator
Inspection Data Coordinator
Receptionist
Record Management Coordinator
Controls Coordinator/ Administrator
(This list is not exhaustive, but only a reflection of the categories of services that may be
applicable)
Electrical/Instrument Services
Contractor shall carry out tasks including but not limited to:
Installation and maintenance of instrument equipment in compliance with all rules and
practices. Field electrical maintenance work and electrical isolation (Lock out Tag out:
Lock Out Tag Out (LOTO)) for lighting, air condition and motor maintenance
Verification and issuance of electrical work permit to for lighting, air condition and motor
maintenance
Participation in Job Safety Analysis (JSA) review
Provision of technical support for maintenance and troubleshooting on company's
instrument and electrical systems
Construction, monitoring, and inspection of new installations for their consistency with
the mission and recommend upgrades as necessary
Legal Services
Contractor shall carry out tasks including but not limited to:
Provision of legal advice on court cases, arbitrations, and mediations and manage all
phases of the litigation process from investigation, pleadings and discovery to pre-trial,
trial, settlement and appeal.
Evaluation of findings and develop strategies, typically to ensure that Company's legal
decisions translate to a strong bottom line.
Advise client on topics such as business transactions, compliance with the law, claim
liability or legal rights and obligations. Interprets laws, rulings and regulations related to
industry and business.
Marine Services
Contractor shall carry out tasks including but not limited to:
Safe and efficient turnaround of gas carriers and condensate tankers. This will include
management and coordination/oversight of all associated critical sub-contractors
including tug, and port services providers.
Inspection of marine equipment onboard rig(s)
Inspection of D&C support vessels and well intervention vessel; D&C geotechnical and
geophysical vessels
Provision of expert Marine consultation to function
Rigless completion marine activities and Well intervention vessel move activities
Conduct rig move activities
Provision of project management services, and oversight of Marine Terminal related
projects
Provision of expert Marine consultation and technical leadership for vulnerability and risk
assessments.
Coordination of work performed by its sub-contractors to insure that the work is being
executed in accordance with regulatory requirements.
Monitoring of vessel operating MOC process
Performance of monitoring activities in order to ensure that ships comply with regulations
and standards for life saving equipment and pollution preventatives.
Coordination of machine overhauls and the servicing of electrical, heating, ventilation,
refrigeration, water, and sewage systems.
Mooring Services
Contractor shall carry out tasks including but not limited to:
Provision of pipeline feasibility and concept select studies, performing pipeline routing
studies, execute hydraulic analyses, perform onshore/offshore pipeline mechanical
design including support for material selection, cost estimating and constructability
reviews.
Inspection and review of pipeline and subsea activities
Assessment of development risks, including Health, Safety & Environment S&E
assessment, and propose mitigation plan.
Provide pipeline engineering and technical authority assurance advice and define fit for
purpose pipeline solutions.
Provide Corrosion technical support where required
Perform routine corrosion monitoring and inspection activities (initial focus cathodic
protection (CP)
Perform/initiate routine maintenance for the field corrosion control system (CP)
QAQC
Contractor shall carry out tasks including but not limited to:
Provision of Quality discipline input to the Company. Develop quality plans, programs,
procedures and tools to manage quality across project. Manage the oversight of quality-
related activities and deliverables.
Coordination of Quality management activities to ensure consistency, effectiveness.
Provision of Quality Assurance and Quality Checks support for Operations, Engineering,
Logistics, Drilling and Laboratory activities.
Provision of expert services resource for specific management systems, global
processes and procedures, technical matters, and coordination of improvement plans.
Provision of technical expertise and facilitates consistent coordination of risk
assessments, incident investigation.
Safety Services
Contractor shall carry out tasks including but not limited to:
Plans site emergency response table top drills and stewards action items
Conducting frequent surveillance in the field to observe work activities and address
unsafe behaviors and conditions when needed.
Support Business Line Safety, Security, Health, and Environment (SSHE) stewardship
processes and portfolio analysis. Develop and monitor performance metrics to evaluate
business performance.
Set up system for implementing the safety plan including hardware, software, data flow,
analysis techniques and reporting format.
Coordinating the development of the Waste Management, Environment and Industrial
Hygiene plan for the turnaround.
Security Services
Contractor shall carry out tasks including but not limited to:
Camp Services
Contractor shall carry out tasks including but not limited to:
Provision of logistics subject matter expertise. May include aviation, marine, shore base,
ground transportation and camp services to deliver safe reliable and cost efficient logistic
services. Serve as the contact for providing logistical and materials management
services and support for its ongoing business, including affiliates where no local services
organization or infrastructure exists. Manages the day-to-day logistical business,
including, but not limited to, implementing logistics strategies, coordinating material
movements to offshore or onshore rig locations.
Coordination of the delivery of Camp and Catering services, Grounds-keeping, Non
Process Building cleaning and minor Earthworks and Road Maintenance tasks as
required by Company.
Ensure control and accuracy of all consumable resources.
Monitoring of ration and consumable usage. Plan and place orders for replenishment of
bulk stores.
Provision of technical support and input for logistics activities and interface coordination
with Company representative.
Provision of technical support in managing interfaces with procurement and warehouse
services including tax and customs, expediting, shipping/receiving, Quality
Assurance/Quality Control (QA/QC), inventory management.
Scheduling and maintenance of shipments, internal and external.
Provides technical support, coordination of risk assessments and incident investigation.
Plan and design a variety of industrial activities and processes in oil and gas to prevent,
remediate potential environmental impacts. Specialize in a specific area such as air,
water or waste management. Work may include water and waste treatment, site
investigation and remediation where environmental site assessments are completed,
and pollution control. They participate in regulatory processes, such as environmental
impact assessments, that review facilities or field operations to ensure compliance with
government regulations and permitting conditions.
Inspection, basic maintenance and testing of multimedia (air, water and solid) portable
environmental monitoring equipment used in an oil complex including stack monitoring
equipment, PID, FID analyzers, etc., maintaining inventory of spares for these
equipment and record keeping of all related items
Assessment and recording of compliance with SSHE plans and programs (e.g.,
Environmental Management Plan, Safety Plan, Security Plan, Emergency Preparedness
& Response Plan, Socioeconomic Action Plan, Waste Management Plan, SSHE
Performance/ Environmental Management Plan (EMP) Implementation Monitoring
Plans, etc.)
Conducting scheduled and unscheduled work site inspections/assessments
Assist Company in activities for routine environmental monitoring and environmental
data collection.
Technical Training
Contractor shall carry out tasks including but not limited to:
Responsible for understanding surrounding areas and potential dangers that exist.
Responsible for performing duties according to current standards set out by local
regulations.
Operation of equipment and wells by applying operating and safety procedures and
guidelines to meet daily operational plan, reduce equipment failure and efficient
resources administration.
Identification and implementation of corrective and optimization actions by the
continuous surveillance of wells and equipment to ensure reliable, efficient and safe
operational conditions.
Take samples of products for laboratory analysis and execute field laboratory tests.
Ensure that the wellhead and well surface equipment are maintained and are in good
working order prior to Well-work operations.
Provision of technical support to offshore installation planning and execution activities.
Planning of all activities related to installation of subsea structures performed by the
installation vessels.
Design and installation of equipment, tools and infrastructure required for offshore oil
and gas production, and administer the installation of wellheads on the seabed and the
pipelines that connect them to the platform.
Provide pipeline engineering and technical authority assurance advice and define fit for
purpose pipeline solutions
Operation of machines/equipment per company procedures. Assures product meets
established quality criteria of zero non-conformances. Correctly records scrap per work
instructions. Applies all internal and external labels when required, including removal of
all old labels from returnable packaging. Communicate production and quality
issues/concerns timely. Keep work area clean and organized.
Proactively seek reliability improvements directed at increasing plant equipment uptime
while reducing maintenance costs.
Specify new rotating equipment to comply with industry and company design practices.
Technical management of site systems including maintenance, repairs and inspections
of assigned areas. Delivery of maintenance projects for new and modified facilities.
Analysis of operations data to identify, develop and implement continuous improvement
resulting in increased quality and lower operating costs. Champion Safety, Security,
Health, and Environment (SSHE) on site activities including Loss Prevention System.
Technical management of facility systems which could include: central plant, HVAC,
electrical distribution, fire safety, potable water, wastewater etc.
Support work done in maintaining Company facilities and construction providers,
focusing on delivery of objectives and plans within agreed performance parameters.
Demonstration of the ability to provide maintenance support of company and external
resources through all stages of asset maintenance, inclusive of minor capital project
support, new facility construction, and maintenance support throughout full facility
operational life.
Ensure compliance with all mandatory legal requirements and company specific
requirements including standard plant and equipment inspection requirements.
Actively participate in the use of all on the job safety tools.
Identification of any safety issues associated with job end ensure removal/mitigation
prior to working.
Support the planning and testing of mechanical components, equipment, and machinery,
such as engines, instruments, controls, robots, machines, etc.
Applies principles and techniques of mechanical engineering to accomplish goals.
Coordination of activities to deliver safe, reliable and profitable operations in assigned
operating units (fields, plants, manufacturing, pipelines, warehousing, offices, etc.).
Management and monitoring of Control Room activities with respect to safety, health,
environmental and security concerns; including safe and efficient operations
Provision of support and coordination of systems completion activities in start-up and
commissioning of the facilities.
Responsible for participation in the Operations Emergency Response activities as
required.
Performance of process optimization studies to identify / evaluate capital / operating cost
savings, process configuration alternatives, safety facilities requirements, etc.
Performance of periodic assessments and verification of civil construction works
Provision of technical expertise to avoid/resolve quality problems; monitor quality
assurance and quality control activities
Support all field scaffolding / WAH (Work At Heights) activities under project work scope.
Responsible for ensuring scaffolding services are fully in compliance with Contract
requirements and company standards.
Provision of necessary documentation on a regular daily basis for effective time and cost
control.
Responsible for full compliance with relevant Scaffolding codes and standards, quality
control aspects of the contract obligations. Interprets laws, rulings and regulations
related to industry and business.
Provision and inspection of Cranes and Lifting Equipment required supporting the
workshop and field maintenance activities of the Gas to Liquids (GTL) Complex.
Manage the testing and inspection of overhead beams and gantries
Use appropriate computer programs to monitor and arrange inspections
Review scaffold construction plans & Planning and Scheduling certifications
placement, final well reports, updated horizontal well cross-sections, maps and formation
evaluation logs for recent and previously drilled wells.
Provision of geological support for interdisciplinary reservoir study and field development
plans.
Accounting Services
Contractor shall carry out tasks including but not limited to:
Medical Services
Contractor shall carry out tasks including but not limited to:
Preparation of samples and ensure accurate data generation and records, in accordance
with the standard operating and clinical procedures.
Provision of analytical instruments to address quality assurance/control issues, chemical
stock solutions, medical samples and reagents, as well as set preparation standards.
Execution planning of one or more major capital projects during. Support and validate
the use of best practices in project management execution.
Obtains the services needed to achieve overall project objectives and strategies and
efficiently executes the project in accordance with expectations.
Execution of general interest activities that may have broad application across all
projects (enhancements, staffing studies, Independent Project Review (IPR) Process
and Plans, maintenance of selected work process, special studies, etc.).
Assess generated schedules for usefulness, logic, level of detail, input sources, timing,
lines of communication and consistency with Project Plan.
Establishes the schedule requirements and frequencies of issue for all schedule
deliverables.
Timely detection of trends and specifically, deviations from the plan.
Develops field execution work planning packages for mechanical tasks in repairs and
construction of fixed equipment, electrical, instrumentation, rotating equipment,
analyzers and other related equipment.
Responsible for ensuring that individuals, groups, communities and local government
authorities are provided with timely, consistent and accurate information regarding the
company's operations and conduct direct consultation with the local communities as a
basis to identify concerns.
Conduct public awareness campaign/general information sessions.
Ensure community development investments are aligned with company’s strategy and
approach.
Provide guidance on potential strategic mitigation measures for impacts on communities.
Prepare reports regarding community relations