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Esso Exploration and Producing Nigeria Ltd

NNPC/EEPNL PSC Drilling Program Part 1


General Information and Instructions Fluid Engineering Services

PART 1
GENERAL INFORMATION AND INSTRUCTIONS

Tender Number ESSO.00000088

Tender Number ESSO.00000088 1 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

PART 1
GENERAL INFORMATION AND INSTRUCTIONS

Bidders are requested to complete the Technical and Commercial Tender for consideration for
agreement award in support of Esso Deepwater Drilling programs. Only Bidders that complete the
Technical and Commercial Tender and meet the minimum requirements will be considered for agreement
award.

The Bid is made up of Parts 1-5.

This Part 1 includes instructions to Bidders regarding items to be submitted to Company as part of
Bidder’s response to this Invitation to Tender.

Part 2 (Technical Proposal Requirements) defines the specific requirements needed for Bidders to be
considered for technical qualification in the tendering process.

Part 3 (Commercial Proposal Requirements) defines the specific requirements needed for Bidders to be
considered for commercial qualification in the tendering process.

Part 4 (NCD Requirements update) defines the specific requirements needed for Bidders to be
considered for NCD qualification in the tendering process

Part 5 (Draft Agreement-Well Goods and Services Outline Agreement) is Company's proposed
Agreement for the Work being tendered.

Bidders should note that the electronic copy loaded into the NipeX portal will be the primary tool used to
review and evaluate the Tender. Hardcopy submission of tenders will not be accepted. Bidders are
encouraged to structure and organize the information contained in the electronic files. Acceptable file
formats for the electronic data loaded are MS Word, MS Excel and pdf.

I. Commencement Date

Company desires to commence operations subject to the Agreement upon contract award circa
3Q2025

II. Contract Term

The Specified Term of the Agreement shall be three (3) years. Company shall have the option to
extend the Specified Term for two (2) year following the initial 3-year term.

III. Nigerian Content

The Federal Government of Nigeria (FGN) in line with its vision for Nigerian Content (NC) enacted
the Nigerian Oil and Gas Industry Content Development Act 2010 (NOGICD Act).

NNPC/EEPNL PSC requires Contractors to comply with the NOGICD Act together with the attached
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% equity shares by Nigerians.

Tender Number ESSO.00000088 2 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

Bidder shall consider Nigerian content 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, every Bidder shall prepare and submit a detailed NC plan
satisfactory to Company. Such NC plan shall demonstrate how Bidder will give first consideration to
Nigerian goods and services. Examples include staffing, labour, equipment ownership, fabrication,
training etc.

Contractor or Bidder’s failure to comply with the NOGICD Act or demonstrate commitment to
Nigerian Content development is deemed an offence and liable upon conviction to a fine of five per
cent of the project sum for each project in which the offence is committed or cancellation of the
project.

Also note that in line with Section 104(2) of the NOGICD Act 2010, the sum of one per cent (1%) of
the contract/subcontract cost for this service shall be deducted at source and paid into the Nigerian
Content Development Fund established for purposes of funding the implementation of Nigerian
content 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.

Please note that taxes and duties are not considered in the measurement of Nigerian content.
Contractor shall maintain and preserve and shall cause its subcontractors 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
Part 5-Exhibit H-Appendix 2 - NC Performance Template. Note: that non full compliance with
Nigerian Content directives is a fatal flaw in the tender Evaluation process

IV. Subcontractors and Unincorporated Joint Ventures

In the event more than one entity may be needed to perform the Services, all other entities proposed
to have a part in the Services (whether Bidder is a corporation or an unincorporated joint venture)
must be placed in a subcontractor role. No such outside entities will be a party to any Agreement
entered into between Company and Contractor, and Contractor will be required to take full
responsibility for any such entity's performance under the Agreement. Tenderer shall identify and
completely describe all proposed subcontracts as part of its Tender.

The following requirements apply to a Tender submitted for an unincorporated joint venture:

a. If Bidder submits a Tender that is a joint venture, the administrative requirements shall include a
"Power of Attorney" executed by all of the members of the joint venture and to be legalized by a
notary public, as required, designating and appointing one of the members of the joint venture as
a "Managing Member" and authorizing the Managing Member to sign the Tender on behalf of the
joint venture, and to act for and to bind the joint venture in all matters relating to the Tender. The
Tender shall be signed on behalf of the joint venture by the Managing Member or by all members
of the joint venture.

b. In the event a contract results from the Tender, the Managing Member shall be authorized to
incur liabilities and receive instructions and otherwise act for and on behalf of any and all
members of the joint venture during the entire execution of the contract, including payment or
receipt of payment on behalf of the joint venture.

c. A copy of the joint venture agreement entered into by the joint venture members shall be
submitted with the Technical Tender as specified in Part 2. The joint venture agreement must
provide that:

Tender Number ESSO.00000088 3 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

1. Each member of the joint venture shall be jointly and severally liable for any and all of the
duties and obligations assumed by the joint venture under the Tender and the resulting
agreement, if awarded.

2. The composition and the constitution of the joint venture shall not be altered without the prior
consent of Company.

V. Company Operating Base

Company's Operating Base will be Onne or within Port Harcourt, Nigeria

VI. Company's Helicopter Base

Company's Helicopter Base will be Port Harcourt, and Lagos Nigeria

VII. Bid Submittal Procedures

Tenders will be submitted in English. Tenders must be signed by an officer of the Bidder who has the
authority to bind Bidder to an Agreement if Tender is accepted.

Tenders should be completed in strict accordance with all instructions in this ITT Parts 1-5 or they
may be deemed unresponsive.

Tender submission should be organized in five (5) folders as depicted below:


1. ITT Part 1 (Attachment 1- Prospective Business Associates Questionnaire, Attachment 2 -
Exception to ITT)
2. ITT Part 2 (Attachment 1 - Technical Proposal Questionnaire, Attachment 2 – SSHE
Questionnaire, Attachment 3 - Tech Eval SPEC Q2 API Gap Analysis, Attachment 4 - ESSO OIMS
Evaluation template )

3. ITT Part 3 (Attachment 1 – Commercial Proposal Pricelist, Attachment 2- NCDMB Commercial


Template)

4. ITT Part 4 (NCD Requirement)

5. ITT Part 5 (Exhibit B Table Rates and Compensation,)

a. The Notice of Intent included at the end of this Part 1 must be completed and returned via e-mail
by March 7, 2024 to the Sealed Bid Administrator as noted on the form.

b. One (1) electronic copy of the Technical and Commercial Tender should be uploaded and
submitted on the NipeX portal on or before March 21, 2024.

Any Tenders NOT received in the NipeX portal by this due date will be considered a "no quote".
Tenders sent by email, mail, hand delivery or fax will NOT be accepted. Bidders are encouraged
to submit their electronic tenders in the NipeX portal prior to the submission due date to avoid
system technical glitches resulting from congestion.

Bidder must provide a contact for Company to use during the commercial evaluation phase of the bid
process. This contact must be familiar with the Technical and Commercial Tenders submitted by the
Bidder and able to answer clarification questions regarding the Bidder's Tender. Bidder must provide
the contact’s name, title, address (both physical and post office if applicable), phone number,
facsimile number, and e-mail address if available.

VIII.Bidder's Exceptions to Terms & Conditions in Company's Proposed Agreement (Part 5)

Tender Number ESSO.00000088 4 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

Bidder shall submit a compliant base Tender that is in strict accordance with the specifications set
forth in this Invitation to Tender. Bidder's exceptions to the proposed Agreement, if any, should be
detailed in Part 1, Attachment 2 “Exception to ITT”. In addition, Bidder should insert its proposed
changes in an electronic file using the electronic copy of the Agreement. These proposed changes
should be highlighted through "Track Changes" in Microsoft Word utilizing the "track changes while
editing" feature.

Company will review Bidder's proposed exceptions to the Agreement Terms and Conditions during
the Technical Evaluation Stage and inform the Bidder of any exceptions which Company is prepared
to accept. Agreement Terms and Conditions must be agreed upon between the Company and
the Bidder before a Bidder can be invited to submit a Commercial Tender. Failure to agree
upon Agreement Terms and Conditions during the Technical Evaluation Stage may result in
Bidder’s disqualification.
If mutually agreed, existing executed Multi-Country Services Agreement with ExxonMobil may be
utilized in lieu of the base Well Goods & Services Outline Agreement provided in Part 5. Such Multi-
Country Service Agreement if utilized, will be amended to include all relevant Nigerian Government
Laws and NCD requirements currently included in Part 5 and will include Exhibits A-K as contained
herein.
In
the Commercial Tender, Bidder must submit its tender in strict accordance with the Agreement
Terms and Conditions agreed upon between the Company and Bidder during the Technical
Evaluation Stage. Bidder should carefully consider the agreed upon Agreement Terms and
Conditions in determining the operating responsibilities, costs and risks involved and carefully
consider these in preparing the bid rates.

IX. Business Practices

Company wishes to emphasize that Bidder and its sub-contractors must strictly comply with its
Business Ethics, Conflict of Interest and Alcohol and Drug Use Policies; the provisions of which are
set forth in Articles 23 and 27 and Exhibits E and I of the Outline Agreement of the Invitation to
Tender.

Bidder is required to observe the requirements of all applicable laws, rules, regulations and decrees
of governmental authorities with respect to the performance of its contracts. Company does not
expect nor authorize Contractor or its sub-contractors to take any action on behalf of Company in the
performance of the work, conduct of operations or rendition of services that would subject either
party to liability or penalty under any laws, rules, regulations or decrees of any governmental
authority.

Company policies require that Company book all assets and record all transactions properly. In
order to do this, it is essential that all invoices, financial settlements, reports and billings furnished by
a contractor must properly reflect the facts about all the activities and transactions handled for the
account of Company.

Company requires that all employees avoid any conflict between their own interests and the interests
of Company. This means that Company's employees or their family members may not own interests
in or otherwise receive benefits from other persons or organizations if such ownership or benefits
might influence such employees' judgment in handling the Company's business. In this connection,
Company employees are not allowed to accept any gifts or extravagant entertainment.

Company has also advised all other companies, firms and individuals that provide services to
Company of these policies and similar action has been taken worldwide by all companies with which
Company is affiliated.

X. Prospective Business Associates Questionnaire

Tender Number ESSO.00000088 5 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

Under certain circumstances, Company may be held liable for acts/conduct of the Contractor
violating applicable laws, rules, regulations and decrees of governmental authorities as highlighted in
IX above, even in cases where such conducts are not authorized by Company.

To ensure due diligence is carried out in this bid process, Company is requesting from Bidders as
prospective business associate, extensive information about Bidder’s identity and upon award of a
contract by completing ITT Part 1, Attachment 1 “Prospective Business Associates Questionnaire”,
fully answering all questions. Bidder will be requested to enter into certain undertakings with respect
to payments to foreign officials and related issues.

XI. Currency of Payment

As provided in Part 5 - (Well Goods and Services Outline Agreement)), Exhibit D, all payments to
Contractor under the Agreement shall be made in 80% U.S. Dollars and 20% Nigerian Naira. This
split is necessary to comply with Nigerian Local Content obligations.

For all items for which a price is requested, Bidder shall provide rates in 100% US Dollars only.
Company will pay 80% of the quoted price in US Dollars and 20% of the quoted price in Nigerian
Naira.

All reimbursable items in any eventual contract will be reimbursed in the original currency of
expenditure.

XII. Questions and Clarifications

Bidder shall direct all questions regarding this ITT to the Q&A board in the NipeX portal. Bidders may
also send questions in writing via e-mail to address shown in the Bid Receipt Acknowledgement
Form below.

Bidder may advise Company of obvious errors or omissions identified in this ITT, however such
notification will not constitute a clarification. Company may or may not respond to all Bidders if or
when such notification is provided depending on if such errors, omissions or inconsistencies noted
will materially affect completion of the Commercial process.

If the answer to any question significantly changes or supplements this ITT, Company will issue a
written addendum which shall be numbered consecutively and forwarded to all Bidders as a revision
to the documents contained in this ITT. Nothing shall be deemed to change or supplement this ITT
except such addenda issued in writing, via facsimile, NipeX Q&A board or e-mail, to Bidders by
Company.

Bidder shall submit all questions or clarifications regarding this Invitation to Tender to
Company on or before March 14, 2024.

Bidder shall direct all questions regarding this ITT to NipeX Q&A board and in copy to the e-mail to
the Esso Sealed Bid Administrator, at:

Sealed Bid Administrator

Esso Exploration and Producing Nigeria Limited

1 Lekki Expressway

Victoria Island, Lagos

Email: UPST-NIG-PROC-W&E-UG@exxonmobil.com

XIII.Quotation Withdrawal

Tender Number ESSO.00000088 6 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

Bidder may, without prejudice, withdraw their Technical Tender by written request provided the
request is received by the “Esso” Sealed Bid Administrator (ref. Section XII) prior to the Technical
Tender response due date per Section XII.

XIV. Right of Acceptance

Company reserves the right:

a. to determine whether or not a Bidder will be included in any recommendation to progress to the
next stage of the bidding process;

b. to accept or reject part or all of any quotation received that it believes is unresponsive or in any
way unsatisfactory;

c. to negotiate on all or any part of the tender

d. to select the successful Bidder(s) for Agreement award;

e. to award Agreement to more than one Bidder;

f. to award or not to award an Agreement as a result of this solicitation of quotations including any
subsequent conditioning, clarification, re-quotes or negotiation of such tenders; or

g. to withhold an award, without justification to the Bidder, as a result of this ITT.

XV. Inspection of Bidder's Facility and Equipment

Company may require an on-site inspection/audit of Bidder's proposed facilities, equipment and
work areas prior to an award. Refusal of Bidder to submit to such an inspection/audit will preclude
further consideration of Bidder for Contract Award.

XVI. Commercial ITT Requirements

Commercial Tenders must, at a minimum, include the following:

a. Compliance with the enclosed Agreement Terms and Conditions, as specified in Part 5 (Well
Goods and Services Outline Agreement) or as revised per section XII;

b. Compliance with all operational and technical requirements as contained herein;

c. Compliance with Safety and Health Policies and Drug and Alcohol Requirements as contained in
the Agreement;

d. All miscellaneous costs such as: insurance, overhead, consumables and labor required for
maintenance of Contractor's equipment, standard wear and tear costs, profit, etc;

e. Any costs for additional equipment which Company did not specify in Part 3 Commercial Bid
Requirements but which Bidder, being experienced in providing Fluid Engineering Services for
similar drilling and completion programs, should have reasonably foreseen and included as required
equipment for completing the work.

f. Nigerian Resources (personnel, materials, equipment, services, Human Capacity Development


Training etc.) costs in order to compute the Nigerian Content value at the Commercial stage.
This must be properly documented in the Commercial bid.

Compliance with these requirements will be a determining factor in the final award.

XVII.Information Required upon Contract Award

Tender Number ESSO.00000088 7 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

Upon award of an Agreement, the successful Bidder will provide additional documentation per
Company's request. Such documentation shall include, but is not limited to, equipment inventories,
specifications, maintenance and inspection records and personnel information.

XVIII. Compliance with Nigerian Law

i. Incorporation in Nigeria:

Company adheres to the provisions of Section 54 of the Companies and Allied Matters Acts of
Nigeria, which states as follows:

a. “Subject to sections 56 to 59 of this Act, every foreign company which, before or after 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 or for that purpose, but until so incorporated, the foreign company
shall not carry on 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 of documents or processes in
Nigeria for any purpose other than the receipt of invoices and other documents, as matters
preliminary to incorporation under this Act.

b. Any act of the company in contravention of subsection (1) of this section shall be void.”

Bidders must comply with applicable Nigerian Laws and Regulations. Bidder must be validly
registered with the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) and
possess in its own name a current permit to operate as an oil industry service company.
Alternatively if Bidder is affiliated to a company that is incorporated in Nigeria or otherwise
registered with NUPRC to operate as an oil servicing company, then Bidder's Tender will be
considered by Company so long as Bidder is agreeable to executing the contract resulting
from the bid award both in the name of the Bidder and its Nigerian affiliate, with express
representation in the Agreement that any work to be performed in Nigeria or its territorial
waters will be performed by the Nigerian affiliate.

ii. Nigerian Oil and Gas Industry Content Development Act (NOGICD Act):

Non-compliance with the NOGICD Act and regulations made pursuant to the NOGICD Act will
constitute a “fatal flaw” and will preclude Bidder from further consideration and participation in the
tendering process

iii. Compliance with Labor Law:

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.

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.

XIX. Binding Legal Relationship

Tender Number ESSO.00000088 8 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

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.

XX. Tendering Costs

Company shall not be under any obligation to the successful Bidder or Bidders except as to specific
work or quantities described in the Orders against an Agreement if so awarded. Company specifically
disclaims all responsibilities for work performed, quantities begun or produced, and obligations or
expenses incurred by the successful Bidder or Bidders prior to the issuance of the Agreement Award
and any applicable releases, including, without limitation, quotation preparation expenses and Bidder
commitment or cancellation charges.

XXI. Confidential Information

All information contained in this ITT is confidential and may not be disclosed, published, or
advertised in any manner without Company's written authorization. All documents remain the
property of Company, and Bidders shall be required to return them upon request. Appropriate
information may be given to subcontractors, but Bidder must inform sub-contractors that the
conditions in this section apply.

XXII.Illegal Information Brokering

a. 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.

b. 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.

XXIII. Export Control

Bidder acknowledges that the information, technology, software, services, or commodities


(collectively, "Items") provided by Company or its affiliates in connection with this Tender may be

Tender Number ESSO.00000088 9 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

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, including those laws and
regulations administered by the U.S. Department of Commerce (Bureau of Industry and Security)
and the U.S. Department of the Treasury (Office of Foreign Assets Control) and Bidder will comply
with all applicable U.S. government requirements, including export and re-export controls
expressed in the U.S. Export Administration Regulations, prohibitions on transactions with or
transfers to the governments of, parties located in or operated from, or nationals of countries
subject to comprehensive U.S. economic sanctions (in particular, as of the date of this Tender,
Cuba, Iran, and Sudan), and prohibitions on transactions with or transfers to entities or individuals
identified on the U.S. government’s List of Specially Designated Nationals and Blocked Persons
(Treasury Department) and Denied Persons List and Entity List (Commerce Department) regarding
the Items.

XXIV. Bidders Registration


Bidders not registered with the appropriate regulatory authorities in Nigeria must endeavor to do so
immediately.

Tender Number ESSO.00000088 10 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

PROVISION OF FLUID ENGINEERING SERVICES ITT


RECEIPT ACKNOWLEDGEMENT FORM

Invitation to Tender No.: ESSO.00000088

PLEASE RETURN THIS FORM VIA EMAIL BY March 7, 2024 TO:

Sealed Bid Administrator


Esso Exploration and Producing Nigeria Limited
1 Lekki Expressway
Victoria Island, Lagos
Email: UPST-NIG-PROC-W&E-UG@exxonmobil.com

We acknowledge receipt of the Invitation to Tender and we inform you that:

O We will quote by the due date.

O We will not quote.

Company:

Signature:

Date:

Name of Representative:

Title:

Telephone:

Facsimile:

Email:

Tender Number ESSO.00000088 11 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

PROPRIETARY INFORMATION AGREEMENT


All information and documents provided by EEPNL affiliate of ExxonMobil Corporation (The Company) in this Invitation to Tender
(ITT) for the Provision of Fluid Engineering Services shall be deemed Proprietary Information. In consideration for providing said
information, Bidder's agreement to the provisions herein is required in respect of Company Proprietary Information.

(Name of Bidder receiving the ITT) hereby agrees to the following:

Bidder agrees to treat any information provided by Company as part of this ITT as confidential and proprietary information and to
divulge only those segments of the information to others as required to obtain subcontract pricing or material pricing.

The term Proprietary Information shall mean all information, directly or indirectly acquired from the Company, concerning the
technical and business activities and know-how of the Company, Participants, their respective affiliates, successors, including all
such information contained in the ITT, except information falling into any of the following categories;

 Information which, at the time of disclosure hereunder, is lawfully in the public domain.

 Information which, after disclosure hereunder, enters the public domain, except where such entry is the result of breach of this
agreement.

 Information, other than that obtained from third parties, which prior to disclosure hereunder, was already lawfully in Bidder's
possession either without limitation on disclosure to others or which subsequently becomes free of such limitations.

 Information obtained from a third party, who is lawfully in possession of such information and not subject to a contractual or
fiduciary relationship to the Company, with respect to said information. Information may only be disclosed in accordance with
the terms under which it was provided.

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

Bidder will not disclose any Proprietary Information to any third party, except its Sub-Contractors and joint venture partners, nor use
Proprietary Information other than on Company's behalf.

Bidder also agrees to take all reasonable precautions to safeguard any documents which may be supplied in respect to the ITT.

Bidder agrees to return all documents supplied by the Company prior to disclosure by Bidder of any Proprietary Information to any
Bidder or joint venture participant. Bidder hereby remains liable for and is obligated to obtain from any such Sub-Contractor or joint
venture participant, their agreement to the terms contained herein by obtaining signed Proprietary Information Agreements identical
to that contained herein.

This Agreement must be signed by Bidder upon receipt of the ITT and returned with the completed ITT Receipt
Acknowledgment Form.

FOR: .................................................................................................

(Bidder)

SIGNED: ..........................................................................................

BY: ...................................................................................................

TITLE: .............................................................................................

DATE: .............................................................................................
Bidder MUST complete and return this form via e-mail by – March 7, 2024
Sealed Bid Administrator
Upstream Procurement Services
Esso Exploration and Producing Nigeria Limited.
1 Lekki Expressway,
Victoria Island,
Lagos

Email UPST-NIG-PROC-W&E-UG@exxonmobil.com

Tender Number ESSO.00000088 12 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

ITT PART 1, ATTACHMENT 1


PROSPECTIVE BUSINESS ASSOCIATES QUESTIONNAIRE

Please provide answers to and information regarding all of the questions below. For any answer
requiring more space than is given in this questionnaire, please attach the complete answer on a
separate sheet of paper. Please attach all requested additional documents to this completed
response.

1. Identifying Information
a. Name of Company or Individual:
___________________________________________________________________
b. Business Address (principal place of business and address for purposes of communications
with ExxonMobil, if different from the principal place of business):
___________________________________________________________________
___________________________________________________________________
c. Telephone: ___________________________
d. Fax: ________________________________
e. Telex: _______________________________
f. E-Mail:_______________________________

2. Business Information
a. Date and place of company formation (please attach copies of formation documents):
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________
b. Principal lines of business of company (please attach any available public reports):
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________
c. Other locations of business:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________
d. Has your company or any of its principal officers, directors, or shareholders ever been
charged with a criminal offense? If so, provide details.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________

3. Ownership and Management


a. If a company, are you publicly held? ___ Yes ___ No. If yes, what percent?
___________________________________________________________________

Tender Number ESSO.00000088 13 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

b. If yes, please attach a copy of your most recent public filing showing the company’s
shareholders, partners, or owners; if this filing does not list major (>5%) shareholders, please
identify the major shareholders (public and non-public).
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________
c. If you are not publicly held, please give the names and nationalities of all of your
shareholders, partners, and beneficial owners. Please indicate the exact ownership interest
of each person or company listed. (If one or more of your owners is a company, list the
ultimate beneficial owner(s) and any intermediate entities or persons owning an interest in
that company).
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
________________________________

d. Give the names and nationalities of all officers, directors, managers, or other employees with
executive or management authority. Please provide this information as well for any company
that is the ultimate beneficial owner of your company, and of all employees who will be
managing the performance of services under the proposed contract.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
________________________________

e. Do any of the persons listed in c. hold director, officer or other management positions with
other companies or entities? If yes, give the name of each company and the title of the
relevant position.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
________________________________

f. Please list the names and addresses of any other individual, company or entity that will
receive any portion of the payment [for services] as a result of participating in any type of
partnership, joint venture or alliance with your company in performing the work covered by
the proposed contract.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________

4. Relationships with Governments and Public International Organizations.


Definition: "Official" means any agent, officer, or employee (elected, appointed, or career) of (1) a
government or any department or agency of a government at the federal, regional or
local level; (2) a political party or candidate for political office; (3) any company in which
a government holds a substantial ownership interest; or (4) a public international

Tender Number ESSO.00000088 14 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

organization such as the World Bank, the United Nations or the International Monetary
Fund.

a. Are any of the persons identified in response to question 3:


i. Officials? _____
ii. Close relatives of Officials? _____
iii. Prior Officials? _____
iv. Involved in any business relationship, including acting as an agent or consultant for, or
holding common ownership of any business enterprise or partnership with, any official
or close family member of an Official? _____
b. If the answer to any of (i) through (iv) is yes, provide details, including:
i. full name of Official:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________
ii. official responsibilities:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________

iii. dates of service (current or past):


____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________

iv. for relatives, the relationship:


____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________
v. for common business interest, the type of business relationship, including the name of
any enterprise or partnership, and the nature of any agency agreement:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________

Signed: _____________________________________

Dated: _____________________________________

[Name and Title]


___________________________________________________________________________

Tender Number ESSO.00000088 15 February 2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088


Esso Exploration and Producing Nigeria Ltd
NNPC/EEPNL PSC Drilling Program Part 1
General Information and Instructions Fluid Engineering Services

ITT PART 1, ATTACHMENT 2

EXCEPTION TO ITT

If Bidder has noted any exceptions to the ITT and said exceptions, please complete the table below in
its entirety with all added or reduced costs to conform noted in the last column.

PLEASE SUBMIT THIS FORM ALONG WITH YOUR COMMERCIAL PROPOSAL

Quotation To
Reason for and Details of Total Added or
Conform (please
Item Agreement Ref. Exception (Non- Reduced Cost To
indicate unit of
Conformance) Conform ($)
measure)

1.

2.

3.

4.

5.

Tender Number ESSO.00000088 16 February2024

ES/NCDMB/EEPNL-TITT/UPD/160224/FLUID ENGINEERING SERVICES ESSO.00000088

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