??? ????????

????? ????????

????? ?????

1/?/? ? ? ? /3/2020

????? ???? ??????????? 97- 98%  ???? 700 ??? ????? ?????? ???????? ????? ??? ????? ??????/ ?????? ??????? / ???? ??????? / ?????? ????? ???????? ?????????

27/1/2020

???????

??????

 12 ?????

Letter of Bid

Number of Tender:-  

Subject of Tender:     

    To:  Director General of Al-furat State Company for Chemical and Pesticides Industries 

Dear sir,

    We,  the undersigned ( ……………………………… ) , declare that we examined the bidding documents  and we declare our acceptance of all information , conditions of (tender) and instructions & all documents of ( tender ) without any reservation , we submit our bid attached to  implement the ( tender ) and we undertake to implement all required works according to the conditions of ( tender ) and its instructions &  documents against amount  ( ……………………) ( Dinar / USD …. Etc. ) according to the  payment conditions of this ( tender ) and the contract to be signed  with your company.

Also, we undertake to implement and complete all works of ( tender) within (………………) days.

In case we do not execute  any item of conditions of ( tender ) or we do not attend to sign the contract  at  the specified  date from your company after acceptance of our bid  you  are entitled  to confiscate our bid bond  and take the required  steps which lead to reserve the funds of your company  and not damage it, also we authorize your company to complete the works on our account according to the rules mentioned in the conditions of (tender ) without juridical warning or request a permission from the court or any other legal measure.

In addition , we accept that court of Alsaddah in Babylon / Republic of Iraq  shall be the specialized court to settle the disputes.     

………….. With highest regards.

Signature:-

Name:- 

Authorized of signing:-

Date:-

Address:-

Mobile:-

E-mail:-

 Website:-

NOTE :-   THE OFFER SHOULD INCLUDE  ( LETTER OF BID )  ( SIGNED & SEALED ) BY THE

                  DEPUTY DIRECTOR OR THE LEGALLY AUTHORIZED PERSON.

REPUBLIC OF IRAQ

MINISTRY OF INDUSTRY AND MINERALS

AL-FURAT STATE COMPANY FOR CHEMICAL and Pesticides Industries

NOTE :- IN THESE CONDITIONS ,  ( ALFURAT STATE COMPANY FOR CHEMICAL AND  PESTICIDES INDUSTRIES  ) IS HEREINAFTER REFERRED TO AS (   FIRST PARTY )  , WHILE IS HEREINAFTER REFERRED TO THE BIDDER    AS (  SECOND PARTY  ).  

Number of  Tender:-        1/T/FURP/3/2020

SUBJECT  OF Tender:-   SUPPLYING MATERIAL TEBUCONAZOLE  97- 98% FOR ALTARIQ PESTICIDES PLANT DELIVERED AT PLANT STORES  / ALANBAR PROVINCE  / ALFALOOJAH / ALKARMAH                                                                 

CLOSING DATE :-      27-1-2020     - MONDAY      -  12 AM

NOTE:-   IF THE CLOSING DATE IS OFFICIAL HOLIDAY,  THE CLOSING DATE SHALL BE

                 AT 12 AM  OF NEXT DAY.

Financial classification :-  OPERATING BUDGET  -

 ESTIMATED COST :    50000000 FIFTY MILLION IQD

NOTE:-

THE OFFER AMOUNT  WHICH  ARE LESS THAN OR MORE THAN 20%  OF ESTIMATED    COST FOR REFERENCE SHALL BE NEGLECTED

PLACE OF RECEIPT AND  OPENING OFFERS :  HEADQUARTER OF AL-FURAT STATE

                                                                                  COMPANY FOR CHEMICAL AND 

                                                                                  PESTICIDES INDUSTRIES   LOCATED  IN IRAQ 

                                                                                 BABYLON / ALMOSAYAB / SADDAT 

                                                                                 ALHINDIYAH / 

NOTE:-  THE REPRESENTATIVES OF  SECOND PARTY  MAY ATTEND THE MEETING OF

                OPENING OFFERS AND SIGN  JOINT REPORT.

*TO  SEE THE TECHNICAL SPECIFICATIONS AND CONDITIONS ON THE FOLLOWING   WEBSITES –

*WEBSITE  OF  AL-FURAT STATE  COMPANY FOR CHEMICAL AND PESTICIDES INDUSTRIES:-      

                                                                                       www.furattco.gov.iq 

*WEBSITE OF MINISTRY OF INDUSTRY AND MINERALS:-       www.industry.gov.iq

*INQUIRIES DURING THE ANNOUNCEMENT / INVITATION  PERIOD AND BEFORE THE CLOSING DATE DURING THE  OFFICIAL  WORK TIME OF THE FIRST PARTY  FROM 8 AM TO 3 PM AND INQUIRY  BY THE FOLLOWING E-MAIL ADRESSES

furattco1@gmail.com 

furattco@furattco.gov.iq

AS WELL AS  THE SECOND PARTY MAY ATTENED THE CONFERENCE TO BE  HELD AT  FIRST PARTY HEAD QUARTER ON   19-1-2020  AT 10 AM TO REPLY THE INQUIERIES..

FIRSTLY - : SUBMITTING THE OFFERS

THE OFFER SHOULD BE SUBMITTED BY  THREE CLOSED  , SEPRATED AND SEALED ENVELOPES ( TECHNICAL OFFER ) , ( COMMERCIAL OFFER  ) AND ( DOCUMENTS )  MARKED WITH  ( NAME AND ADDRESS OF SECOND PARTY   ,  NUMBER OF TENDER  , SUBJECT OF TENDER  ,  CLOSING DATE ) .    THE  OFFER SHOULD BE DEPOSITED IN THE  OFFERS BOX   AT   FIRST PARTY  HEADQUARTER  LOCATED IN  IRAQ / BABYLON / ALMOSAYAB /                       SADDAT ALHINDIYAH   BEFORE CLOSING DATE , THE OFFER SHOULD BE SUBMITTED BY THE DEPUTY DRECTOR OR THE OFFICE MANAGER OR THE AUTHORIZED PERSON SUPPORTED WITH THE AUTHORIZATION LETTER APPROVED LEGALLY .   THE OFFER MAY BE SENT BY THE EXPRESS MAIL  ( DHL  ,  TNT …… ETC. ) ON THE ADDRESS OF FIRST PARTY MENTIONED BELOW IN SUCH  WAY  TO ENSURE ITS ARRIVAL BEFORE CLOSING DATE .

ADDRESS OF FIRST PARTY  ( ADDRESS OF  RECEIVING THE EXPRESS MAIL  DHL , TNT.. . ETC ) :- 

 AL-FURAT STATE COMPANY FOR CHEMICAL INDUSTRIES AND  PESTICIDES 

REPUBLIC OF IRAQ / BABYLON / ALMOSAYAB / SADDAT ALHINDIYAH

MOBILE  OF COMMERCIAL MANAGER   07801544885

MOBILE OF COMMERCIAL DEPT.    07601241175

P. O. BOX    11230  

ý  NOTE:-

o  THE  OFFER RECEIVED AFTER CLOSING DATE SHALL BE NEGLECTED.

o  THE OFFER SENT BY  E-MAIL  IS NOT  ACCEPTED.

o  IN CASE  SENDING THE OFFER BY EXPRESS MAIL  ( DHL  ,  TNT … ETC. )  ,  PLEASE  INFORM US BY E-MAIL   THE NUMBER OF SHIPMENT (AIR WAY BILL) WHICH CONTAIN THE OFFER  IN ORDER TO FOLLOW UP RECEIVING THE OFFER BEFORE CLOSING DATE.

SECONDLY:-  BID BOND :-   AMOUNT (1500000 ONE MILLION  FIVE HUNDRED THOUSAND   IQD )

SUBMIT  THE  BID BOND  ATTACHED WITH THE OFFER  OTHERWISE THE OFFER WILL BE NECLECTED. THE BID BOND SHOULD BE SUBMITTED   IN FAVOR OF  THE FIRST PARTY FROM THE SECOND PART OR ANY OF SHARE HOLDERS IN THE COMPANY OR  PARTICIPATING COMPANIES BY JOINT VENTURE CONTRACT APPROVED OFFICIALLY INCLUDE REFERRING TO THE NUMBER AND NAME OF TENDER IN FAVOUR OF THE FIRST PARTY.  THE BID BOND SHOULD BE SUBMITTED BY NON-CONDITIONAL APPROVED  LETTER OF GUARANTEE VALID FOR ( 4 ) FOUR MONTHS AT LEAST OR CONFIRMED CHEQUE OR BILL OF EXCHANGE THROUGH THE ACCREDITED BANKS MENTIONED IN THE ANNOUNCED  TENDER CONDITIONS.   THE LETTER OF GUARANTEE SHOULD BE ISSUED  BY AN OFFICIAL LETTER FROM THE ISSUER BANK INCLUDING THE SIGNATURES ,  NAMES AND POSITION OF ISSUERS OF  LETTER OF  GUARANTEE . THE BID BOND  SHOULD BE ISSUED BY ONE OF THE BANKS LISTS ATTACHED.

ý  NB:-   THE OFFERS OF RELIABLE INTERNATIONAL COMPANIES MAY  BE ACCEPTED IF THESE OFFERS INDICATE THAT THESE COMPANIES  HAVE SUBMITTED THE BID BOND THROUGH ITS BANKS. THE DOCUMENT WHCH CERTIFY A/M SHOULD BE ATTACHED , SO THE BID BOND SHALL BE ACCEPTED ACCORDING TO A/M. SUBMIT THE BID BOND SHOULD NOT EXCEED ONE WEEK FROM CLOSING DATE. 

ý  NB:-   THE BID BOND GUARENTTEE WHICH CARRY THE NAME OF AGENT OF ISSUER OF GUARENTTEE MAY  BE ACCEPTED IF THE AGENCY  ISSUED AND APPROVED OFFICIALY AND AUTHORIZE HIM ON BEHALF OF FOREIGN BIDDER AS WELL AS UNDERTAKING    OF FOREIGH BIDDER TO UNDERTAKE THE INCURRED LEGAL CONSEQUENCES RESULTED FROM  INCORRECTNESS OF REQUIRED BID BOND  GUARENTTEES.  

ý  NB:-   FIXING THE ADDRESS OF ISSUING BANK OF  BID BOND CLEARLY. 

THIRDLY :-  METHOD OF PAYMENT

 Payment by Iraqi Dinar , and in case submit by other currencies then they shall be equivalent with  Iraqi Dinar according to the exchange rate issued by The Central bank of Iraq of acceptance offer date. 

FOURTHLY:-  PAYMENT CONDITIONS :-  

1-THE DUES TO BE RELEASED BY NOTIFICATION FROM THE FIRST PARTY AFTER ARRIVAL THE AGREED GOODS TO THE STORES OF THE FIRST PARTY IN IRAQ / ALFALOOJAH PROVINCE / ALGHARMAH AND RECEIPT IT AND CONFORMITY WITH THE REQUIRED TECHNICAL SPECIFICATIONS SUPPORTED WITH THE REQUIRED SHIPPING DOCUMENTS.

2-THE TAXES PERCENTAGE TO BE DEDUCTED IN ACCORDANCE TO THE RELEVANT VALID LAWS AND INSTRUCTIONS.

FIFTHLY:- SPECIAL CONDITIONS     

DELIVERY PERIOD (30) DAYS FROM THE DATE OF SIGNING CONTRACT

1.       

INCOTERMS

CIP DELIVERED AT STORES OF THE FIRST PARTY IN IRAQ / ALANBAR / ALFALOOJAH / ALGHARMAH

2.       

THE SECOND PARTY  SHOULD CONFIRM HIS OBLIGATION TO SUPPLY ALL REQUIRED GOODS BRAND NEW SUPPORTED WITH THE RELEVANT OFFICIAL SHIPPING  DOCUMENTS ACCORDING TO THE VALID LAW AND INSTRUCTIONS IN REPUBLIC OF IRAQ

3.       

THE SECOND PARTY  SHOULD CONFIRM HIS OBLIGATION TO PROVIDE THE FIRST PARTY WITH THE REQUIRED SHIPPING DOCUMENTS ATTACHED WITH EACH SHIPMENT ARRIVE THE FISRT PARTY SITE. THE FIRST PARTY SHALL NOT BEAR ANY RESPONSIBILITY RESULTED FROM DELAY  RECEIPT OF REQUIRED DOCUMENTS

4.       

SPECIFYING THE ORIGIN OF  GOODS {  NAME OF MANUFACTURING  OR PRODUCING COMPANY  WITH ITS ADDRESS , WEBSITE ADDRESS AND QUALIFICATIONS /  MANUFCATURING OR PRODUCING COUNTRY /  COUNTRY  WHERE THE LAST ASSEMBLY MADE / COUNTRY OF SHIPMENT ( EXPORTING COUNTRY ) }

5.       

IN THE EVENT OF AWARDING THE BID , THE SECOND PARTY SUBMIT THE AUTHORIZATION OF THE MANUFACTURER TO MARKET THE COMMODITIES SIGNED ,  SEALED AND APPROVED BY THE IRAQI EMBASSY IN THE COUNTRY OF MANUFACTURER OFFICIALLY.

6.       

FIXING THE ROUTE AND METHOD  OF SHIPMENT FROM THE COUNTRY OF ORIGIN TILL THE  FINAL DESTINATION  AS WELL AS  FIXING THE BORDERS ENTRY POINT  TO IRAQ.

7.       

THE SECOND PARTY SHOULD CONFIRM HIS OBLIGATION  TO SUBMIT  THE  CERTIFICATE  OF ORIGIN  OF IMPORTED GOODS IN FAVOUR OF THE FIRST PARTY ISSUED BY THE MANUFACTURER COUNTRY  OR PRODUCER COUNTRY , THE COUNTRY  WHERE THE LAST ASSEMBLY MADE , COUNTRY OF SHIPMENT    ( EXPORTING COUNTRY ) APPROVED BY THE IRAQI COMMERCIAL ATTACHE OR IRAQI EMBASSY AT THE MANUFACTURER COUNTRY  OR PRODUCER COUNTRY  , THE COUNTRY  WHERE THE LAST ASSEMBLY MADE , COUNTRY OF SHIPMENT ( EXPORTING COUNTRY ) BEFORE THE ENTRY OF GOODS TO IRAQ IN ACCORDANCE WITH THE  CONTRACT CONDITIONS WITH REFERRING TO THE ORIGIN OF IMPORTED GOODS WHICH MUST BE ACCURATE ACCORDING TO THE REQUIRED TECHNICAL SPECIFCATIONS OF GOODS TO BE EXPORTED TO IRAQ SUPPORTED WITH UNDERTAKING APPROVED OFFICIALLY FROM THE SHIPMENT COMPANY OR SUPPLIER INCLUDE BEARING ALL FINANCIAL AND LEGAL RESPONSIBILTIES RELATING TO CORRECTNESS OF INFORMATION MENTIONED IN THE ORIGINAL COPY OF CERTIFICATES OF ORIGIN TO BE SENT FROM THE MANUFACTURER  OR PRODUCERS TO SUPPLIER IN THE COUNTRY OF LAST SHIPMENT , KNOWING THAT NO DUES TO BE RELEASED UNLESS THE CERTIFICTAE OF ORIGIN CERTIFIED.

8.       

THE SECOND PARTY SHOULD CONFIRM HIS OBLIGATION  TO SUBMIT COMMERCIAL INVOICE APPROVED BY THE IRAQI COMMERCIAL ATTACHE   ABROAD BEFORE THE ENTRY OF GOODS TO IRAQ IN ACCORDANCE WITH THE  CONTRACT CONDITIONS.       

9.       

THE SECOND PARTY SHOULD CONFIRM HIS OBLIGATION  TO SUBMIT THE  INSURANCE POLICY   COVERAGE FOR  110%  OF THE TOTAL VALUE OF GOODS APPROVED BY THE IRAQI COMMERCIAL ATTACHE  BEFORE SHIPMENT OF GOODS FROM COUNTRY OF ORIGIN  AGAINST ALL RISKS INCLUDING THE TERRORISM   IN ACCORDANCE WITH THE CONTRACT CONDITIONS.

10.      

THE SECOND PARTY  SHOULD CONFIRM HIS OBLIGATION  TO SUBMIT                         AN INSPECTION CERTIFICTE ISSUED BY THIRD PARTY (  INTERNATIONAL INSPECTION COPMANY  ACCREDITED BY  THE MINISTRY OF INDUSTRY AND MINERALS IN IRAQ )  CERTIFYING  THE CONFORMITY OF GOODS WITH THE REQUIRED TECHNICAL SPECIFICATIONS IN ACCORDANCE WITH  THE CONTRACT  . THE SECOND PARTY SHALL    BEAR THE  INSPECTION  EXPENSES.

11.      

FIXING THE METHOD OF PACKING IN ACCORDANCE WITH  THE INTERNATIONAL  STANDARDS  INCLUDING  FOLLOWING DETAILS :- ( TOTAL SIZE AND WEIGHT OF GOODS AFTER PACKING , SPECIFY THE NATURE OF PARTIAL AND TOTALLY PACKING , DETAILED WEIGHTS AND DIMENSIONS FOR EACH PACKAGE).

12.      

THE SECOND PARTY  OBLIGATE TO SUBMIT  ALL  RELEVANT OFFICIAL  SHIPPING DOCUMENTS ( LAND , SEA , AIR )  ABROAD

13.      

THE SECOND PARTY  OBLIGATE TO SUBMIT A LIST OF GOODS , THIS LIST SHOULD BE  SUPPORTED  BY   A CUSTOM DOCUMENT ISSUED  BY THE  CUSTOM  DEPARTMENT IN  MINISTRY  OF INDUSTRY AND MINERALS AND INCLUDING THE  MANIFEST AND ALL DOCUMENTS WITH THE NAME OF FIRST PARTY  ,  MINISTRY OF INDUSTRY & MINERALS   AND SECOND PARTY  IN ADDITION TO   DETAILS  OF GOODS

14.      

THE FIRST PARTY IS ENTITLED TO DIVIDE THE REFERENCE OF  REQUIRED  MATERIALS

15.      

THE FIRST PARTY IS ENTITLED TO INCREASE  THE QUANTITY OF GOODS OR MATERIALS OR NON- CONSULTRANT SERVICES OR AMEND  ITS AGREED TECHNICAL SPECIFICATIONS NOT MORE THAN THE PERCENTAGE OF RESESRVE AMOUNT MENTIONED IN THE ANNUAL BUDGET IMPLEMENTAION INSTRUCTIONS CERTIFYING THE AVALIBILTY OF FUND ALLOCATION. THE PRICES OF ITEMS  INCLUDED FOR INCREASING SHOULD BE ACCREDITED ACCORDING TO PRICED ITEMS BY THE CONTRACTOR IN CASE OF NOT EXCEEDING ( 20% ) OF ITEM QUANTITY.   EXCEEDING THE  A/M INCREASING  PERCENTAGE SHALL SUBJECT TO THE COMMON MARKETS PRICES CONSIDERING REFLECT THESE CHANGES ON THE CONTRACTUAL OBLIGATIONS AND FINANCIAL BY A CONTRACT ANNEX.  FOR PROJECTS LISTED IN THE OPERATING AND SPECIAL BUDGETS THAT HAVE BEEN APPROVED BY RELEVANT SIDES ( AFTER APPROVAL OF MINISTRY OF FINANCE)     

16.      

THE FIRST PARTY IS ENTITLDED TO DECREASE THE GOODS, MATERIALS OR NON-CONSULTANCY SERVICES  NOT MORE THAN  15% OF  THE TOTAL AMOUNT OF CONTRACT.

17.      

THE SECOND PART (FOREIGN COMPANIES) SHOULD CONFIRM HIS OBLIGATION  TO  OPEN BRANCH IN MINSTRY OF TRADE / COMPANIES REGISTRATION DIRECTORATE

18.      

SIXTHLY: GENERAL CONDITIONS

THE OFFER SHOULD BE SUMBITTED BY THE OFFICIAL FORMAT OF SECOND PARTY ( NAME  AND FORMAT OF COMPANY BY ARABIC & ENGLISH LANGUAGE  ADDRESS  , COMMUNICATION CHANNELS  ,  WEBSITE ADDRESS ,                  TRADE MARK IF ANY ).

1.       

SUBMIT COMLPETED TECHNICAL AND COMMERCIAL  OFFER  IN DETAILS              ( SIGNED BY THE DEPUTY DIRECTOR OR THE LEGALLY AUTHORIZED PERSON  & SEALED ) ON   EACH PAPER OF PRICED    WORKS  SCHDULE AND APPENDIXES ATTACHED WITH THE   OFFER

2.       

THE OFFER SHOULD INCLUDE  SIGNED , SEALED  AUTHORIZATION CONSIST OF THE NAME AND   POSITION  OF PERSON   WHO IS AUTHORIZED TO SIGN THE OFFER  IN CASE THE OFFER IS NOT SIGNED BY THE DEPUTY DIRECTOR,  THIS AUTHORIZATION SHOULD BE APPROVED LEGALLY.

3.       

THE  VALIDITY OF OFFER SHOULD BE  THREE MONTHS FROM CLOSING DATE.

4.       

THE SECOND PARTY IS RECOMMENDED TO VISIT AND SEE THE FIRST PARTY SITE TO SEE ,  BE AQUAINTED CLOSELY AND OBTAIN ALL INFORMATION WHICH MAY BE NECESSARY FOR PREPARING HIS OFFER. THE SECOND PARTY SHALL BEAR  ALL VISIT EXPENSES AT HIS  OWN ACCOUNT.

5.       

FIXING THE DETAILED   PRICE ACCORDING TO THE TECHNICAL TENDER.

6.       

FIXING THE PRICE BY INK OR BY  PRINTING IN NUMBER AND WORDS WITHOUT ANY SCRATCH , THE PRICE IN WRITING SHALL BE ACCREDITED IN CASE OF DIFFERENCE WITH  THE  PRICE FIXED   IN  WORD. THE  UNIT PRICE WILL BE ACCREDITED IN CASE THAT AMOUNT OF ITEM IS NOT CORRECT.

7.       

ANY ITEM  FIXED WITHOUT PRICE  WILL BE INCLUDED

8.       

THE UNIT PRICE SHALL BE ACCREDIITED IF  THE DIFFERENCE BETWEEN UNIT PRICE AND TOTAL PRICE RESULTED FROM MULITIPLYING UNIT PRICE

9.       

THE AMOUNTS IN WORDS SHAILL BE ACCREDITED IF THE DIFFERENCE BETWEEN WORDS ANDE NUMBERS EXCEPT THE AMOUNTS WRITTEN IN WORDS WHICH  RELATE  TO CALCULATION MISTAKE 

10.      

THE DEPUTY DIRECTOR AND COMPANY FOUNDERS IN MORE THAN COMPANY ARE  NOT ENTITLED TO SUBMIT MORE THAN ONE OFFER.

11.      

IN CASE OF PARTICIPATION OF MORE THAN BIDDER TO SUBMIT ONE OFFER FOR EXECUTING THE CONTRACT,  THEIR RESPONSIBILITY IS JOINTLY AND SEVERALLY SUPPORTED WITH JOINT VENTURE CONTRACT APPROVED OFFICIALLY.

12.      

IF THE BIDDER IS A JOINT VENTURE, THEY SHALL SUBMIT THE BID GUARANTEE IN THE NAME OF THE JOINT VENTURE APPROVED OFFICIALLY

13.      

OBTAIN THE   TENDER REQUIRED  DOCUMENTS AFTER SUBMITTING WRITTEN REQUEST AND PAYING THE  TENDER RECEIPT AMOUNT  WHICH IS UNRETURNABLE . 

IN CASE OF RE-ANNOUNCEMENT , THE SECOND PARTY  WHO PARTICIPATED IN THE RE-ANNOUNCED TENDER SHOULD SUBMIT THE LAST RECEIPT WITH THE OFFER DOCUMENTS . IF THE AMOUNT OF TENDER  RECEIPT IS AMENDED , THE SECOND PARTY  SHALL BEAR THE DIFFERENCE BETWEEN THE TWO AMOUNTS AND ATTACH THE FIRST AND SECOND RECEIPT.

THE FOREIGN COMPANIES WHO DON’T HAVE BRANCHES OR REPRESENTATIVE IN IRAQ  MAY  PAY THE TENDER RECEIPT AMOUNT  BY TRANSFERRING THE VALUE OF RECEIPT  BY TELEX TRANSFER     (TT )      TO THE ACCOUNT OF FIRST PARTY IN TRADE BANK OF IRAQ (TBI)  NO.     0002-007734-001   

14.      

THE FOREIGN COMPANY SHALL NOT BE ALLOWED TO PRACTICE ANY COMMERCIAL ACTIVITY OR OPEN HEADQUARTER IN IRAQ IF IT IS NOT GRANTED  A REGISTRATION LICESNSE IN ACCORDANCE WITH THE FOREIGN COMPANIES BRANCHS RULES NO. 2/2017 AND ACCORDING TO THE RELEVANT VALID LAWS AND INSTRUCTIONS IN REPUBLIC OF IRAQ     

15.      

FOR NON-IRAQI COMPANIES & BUREAUS , THE ORIGINAL COPY OR DUPLICATE OF THE FOLLOWING DOCUMENTS SHOULD BE SUBMITTED:-

1-      COMPANY OR BUREAU FOUNDATION CERTIFICATE APPROVED BY THE IRAQI COMMERCIAL ATTACHE IN THE COUNTRY OF COUNDATION INCLUDING THE FOUNDATION CERTIFICATE REPORT , THE INTERNAL SYSTEM OF THE COMPANY , NAME OF FOUNDERS  AND FOUNDATION CONTRACT AS WELL AS COPY OF FOUNDATION CERTIFICATE TRANSLATED INTO ARABIC  BY ACCREDITED AND SPECIALIZED BUREAU.  

2-      REGISTRATION DECISION OF BRANCH OR REPRESENTAION OF COMPANY IN IRAQ ISSUED BY THE COMPANY REGISTRATION DIRECTOTAE APPROVED OFFICIALLY. 

16.      

A-THE FOREIGN COMPANY WHICH IS INTENDED TO ENTER INTO A CONTRACT WITH IT SHALL UNDERTAKE A COMMITMENT NOT TO HAVE AN UNDISCLOSED FINANCIAL CLAIM AGAINST THE IRAQI INSTITUTIONS WITHIN A PERIOD NOT EXCEEDING 30 DAYS FROM THE DATE OF THE NOTIFICATION OF THE ASSIGNMENT DECISION. SUCH SETTLEMENT IS A CONDITION NECESSARY FOR THE ISSUANCE OF THE ASSIGNMENT DECISION AND OTHERWISE IT IS EXCLUDED , KNOWING THAT THE SIGNING OF THE WRITTEN UNDERTAKING MUST BE IN FRONT OF THE EMPLOYEE AUTHORIZED AUTHORITATIVE NOTARY IN OUR COMPANY.

B-IN THE EVENT OF CLAIMS (AND CONFIRMATION BY THE MINISTRY OF JUSTICE / LEGAL DIRECTORATE ), FOREIGN COMPANIES UNDERTAKE TO MAKE A SATISFACTORY SETTLEMENT OF THE TWO  PARTIES (SETTLEMENT IN ACCORDANCE WITH THE PARIS CLUB AGREEMENT OR SETTLEMENT IN ACCORDANCE WITH COUNCIL OF MINISTERS DECISION NO. 28 OF 2014 OR WRITE OFF THE DEBT ENTIRELY  AS APPROPRIATE) FOR ANY PRIOR DISPUTES OR CLAIMS WITHIN A PERIOD NOT EXCEEDING (30) DAYS FROM THE DATE OF NOTIFICATION OF THE AWARD DECISION PROVIDED THAT SUCH A SETTLEMENT IS A NECESSARY CONDITION FOR ISSUING THE AWARD DECISION  AND OTHERWISE IS EXCLUDED.

C-THE FOREIGN COMPANY UNDERTAKES NOT TO MAKE ANY JUDICIAL OR ADMINISTRATIVE CLAIM AGAINST ANY INDEBTEDNESS AGAINST THE INSTITUTIONS OF THE IRAQI SIDE AFTER THE DIRECT OR INDIRECT ASSIGNMENT THROUGH THE SALE OR WAIVER TO OTHERS OF ANY PART OR ALL OF THE DEBT IN A CONSENSUAL OR JUDICIAL MANNER IN THE SENSE OF CONTINUING THE RELATIONSHIP OF THE COMPANY DEVELOPED TO WORK IN IRAQ WITH DEDUCTIBLE DEBTS OR SOLD TO OTHERS, AND THE APPLICANT SEEKS TO MAKE THE REQUIRED EFFORTS TO CONTRIBUTE TO THE SETTLEMENT OF SUCH CLAIMS.

17.      

THE SECOND PARTY  SHOULD SPECIFY  THE WEBSITE IN HIS  OFFERS DOCUMENTS ,   E-MAIL  AND FIXING   THE PERSON WHO IS IN CHARGE OF FOLLOWING UP THE INQUIRIES CONCERNING THE OFFER.

18.      

*SUBMIT THE BALANCE SHEET  FOR THE LAST  TWO  YEARS AT LEAST   APPROVED BY LEGAL ACCOUNTANT AND THE SYNDICATE OF ACCOUNTANTS AND AUDITORS CLARIFYING THE  VOLUME  OF FINANCIAL OBLIGATIONS OF SECOND PARTY  ANNUALLY AND THE OBLIGATION THE DELIVERY PERIOD.

FOR THE FOREIGN COMPANIES, A COPY OF BALANCE SHEET  TRANSLATED INTO ARTABIC AND APPROVED BY THE IRAQI EMBASSY ABROAD  SHOULD BE SUBMITTED.

19.      

SUBMIT  INFORMATION ABOUT  THE COMPANY MANAGEMENT AND  ITS  STRUCTURE

20.      

THE SECOND PARTY  SHOULD SUBMIT  THE  IDENTICAL  AND ACOMPLSHED WORKS   APPROVED  BY THE CONTRACTING  SIDES.

21.      

THE SECOND PARTY  SHOULD CONFIRM HIS OBLIGATION WITH TECHNICAL TENDER REQUIREMENTS

22.      

THE SECOND PARTY  SHOULD CONFIRM HIS OBLIGATION WITH ALL TENDER   CONDITIONS.

23.      

THE SECOND PARTY SHOULD BE LEGALLY QUALIFIED SUPPORTED WITH THE RELEVANT OFFICIAL DOCUMENTS OTHER WISE  HIS OFFER WILL BE NEGLECTED

24.      

ANY ILLEGAL ACTS AND CORRUPTED WORKS BY THE SECOND PARTY SHALL LEAD TO  REJECT HIS OFFER IN ACCORDANCE WTH  THE VALID LAWS AND INSTRUCTIONS  IN   REPUBLIC OF  IRAQ

25.      

BIDDERS SHALL NOT HAVE ANY CONFLICT OF INTERESTS; SHALL BE DISREGARDED ANY APPLICANT PROVED TO BE INVOLVED IN CONFLICT OF INTEREST WITH A PARTY OR ANOTHER IN THE PROCESS OF SUBMITTING THE BID

26.      

REFUSE THE OFFERS  BASED ON REDUCING THE PERCENTAGE OR LUMP SUM OF ANY OF THE OTHER SUBMITTED OFFERS

27.      

THE SECOND PARTY  UNDERTAKE ALL COSTS RELATED TO PREPARING AND DELIVER OF OFFER. THE  FIRST PARTY SHALL NOT UNDERTAKE ANY RESPONSIBILITY OR COSTS INCURRED REGARDLESS OF RESULTS

28.      

THE OFFER SHOULD BE WRITTEN IN ARABIC OR ENGLISH. THE  SECOND PARTY UNDERTAKES ALL COST RESULTED FROM TRANSLATION

29.      

THE SECOND PARTY  SHOULD OBTAIN THE TENDER DOCUMENTS FROM THE  THE FIRST PARTY DIRECTLY  OTHERWISE THE FIRST PARTY  IS NOT RESPONSIBLE FOR INCOMPLETENESS OF OFFER , ITS ANNEXES  AND AMENDMENTS

30.      

THE OFFER SHOULD BE ADDRESSED TO FIRST PRTY MARKED WITH WARNING      ( DO NOT OPEN THIS ENVELOPE  BEFORE CLOSING DATE SPECIFIED BY THE FIRST PARTY )  

31.      

IF THE OFFERS ENVELOPES NOT CLOSED , SEALED AND MARKED,  THE FIRST PARTY IS NOT RESPONSIBLE FOR LOSE OR OPEN THEM BEFORE THE SPECIFIED DATE FOR OPENING

32.      

THE SECOND PARTY IS PERMITTED TO AMEND OR REPLACE OR DRAW HIS OFFER AFTER SUBMITTING AND BEFORE CLOSING DATE OFFICIALY

33.      

THE SECOND PARTY IS NOT PERMITTED TO AMEND OR REPLACE OR DRAW HIS OFFER AFTER CLOSING DATE AND TILL END OF OFFER VALIDITY OR ANY EXTENSION

34.      

THE SECOND PARTY SHOULD REPLY UPON  THE FIRST PARTY INQUIRIES AT  THE SPECIFIED DATE FROM THE FIRST PARTY  OTHERWISE HIS OFFER  MAY SHALL BE  NEGLECTED

35.      

THE SECOND PARTY  AND HIS STAFF  SHALL NOT DISCLOSE ANY PROPRIETARY OR CONFIDENTIANAL INFORMATION RELATING TO THE PROJECT AND SERVICES AND   CONTRACT OR WORKS OR ACTIVITIES OF FIRST PARTY   WITHOUT THE  PRIOR WRITTEN CONSENT OF THE FIRST PARTY   

36.      

THE SECOND PARTY   OBLIGATES TO INCLUDE HIS OFFER WITH HIS E-MAIL ADDRESS WHCH SHALL BE ACREDITED FOR  ALL E-MAIL CORRESPONDENCES.

37.      

IF THERE IS  A CHANGE IN ADDRESS OF ONE OF THE TWO PARTIES      ( FIRST PARTY OR SECOND PARTY  )  HE IS OBLIGATE TO INFORM THE OTHER PARTY IN A PERIOD THAT DOES NOT EXCEED ( 7 ) SEVEN DAYS  FROM DATE OF CHANGE

38.      

THE SECOND PARTY  IS NOT PERMITTED TO DELETE OR SCRATCH  ANY ITEM OF TENDER   DOCUMENTS  OR  MAKE ANY AMENDMENT ON IT.

39.      

THE OFFERS SHOULD INCLUDE REQUIRED BID BOND ACCORDING TO TENDER DOCUMENTS OTHERWISE IT SHALL BE NEGLECTED

40.      

THE OFFERS SHOULD BE SUPPORTED AND COMPLETED  WITH THE LEGAL CONDITIONS AS REQUIRED,  OTHERWISE THEY SHALL BE NEGLECTED  BECAUSE OF NOT OWNING THEM PREVIOUSLY BY THE SECOND PARTY   , WHILE  IN CASE OF OWNING THEM  PREVIOUSLY  THE FIRST PARTY IS ENTITLED TO CLAIM SECOND PARY FOR COMPLETING THEM LATER.   

41.      

THE BLACK LISTED COMPANIES  , ON HOLD ACITIVITEIES COMPANIES , THE SHUFFLING COMPANIES AND THE INFRINGER COMPANIES ACCORDING TO ITS LAST CONTRACTUAL OBLIGATIONS WITH THE SAME CONTRACTING SIDE ( FIRST PARTY ) OR AT ANY OTHER CONTREACTING SIDES OFFICIALLY SHALL BE NEGELCTED.  

42.      

THE OFFER WHICH DOES NOT MEET THE REQUIRED TECHNICAL SPECIFICATIONS AND CONDITIONS SHALL BE  NEGLECTED EVEN  IT WAS THE LOWEST  OFFER

43.      

THE FISRT PARTY HAS THE RIGHT TO COMPLETE THE FOLLOWING DATA CONSIDERING  THAT NO CHANGE ( INCREASING OR DECREASING ) IN PRICES OF  PRICED UNITS BY THE SECOND PARTY  FOR THE THREE NOMINATED OFFERS FOR REFERENCE.  THE NOMINATED SECOND PARTY WHO DOES NOT   COMPLET THEM , HIS OFFER  SHALL BE  NEGLECTED  AND HIS BID BOND SHALL BE CONFISCATED.

A-      THE NON-ESSENTIAL TECHNICAL DATA OR CORRECT THE CALCULATING MISTAKES.

B-       THE NON-ESSENTIAL LAGAL CONDITIONS.

C-      THE ESSENTIAL LEGAL CONDITIONS WHICH PROVED BY THE SERCOND PARTY HAVING IT BEFORE.

44.      

THE FIRST PARTY  IS  NOT BOUND  TO   ACCEPT THE LOWEST OFFERS

45.      

THE PRICES  ARE  FINAL AND NON-NEGOTIATABLE

46.      

EVALUATION CRITERIA OF BIDS

 A-PRICE  40%

B-DELIVERY PERIOD   35%

C-TECHNICAL SPECIFICATIONS  25%                                               

47.      

IN CASE OF SUBMITTING THE OFFERS WITH DIFFERENT CURRENCIES ,    ONE STANDARD SHALL BE ACCREDITED  TO UNIFY THE DIFFERENT SUBMITTED CURRENCIES ( OFFERS ) FOR COMPARISON PURPOSES ACCORDING TO THE EXCHANGE  RATE OF CLOSING DATE ISSUED BY THE CENTRAL BANK OF IRAQ 

48.      

ANY INTERLINEATION , ERASURES , OR OVERWRITING SHALL NOT BE VALID UNLESS  SUPPORTING IT BY SIGNING BY THE AUTHORIZED PERSON TO SIGN  THE  OFFER.  

49.      

IF ANY ENVELOPES ARE NOT CLOSED  AND NOT SEALED , THE FIRST PARTY  SHALL ASSUME NO RESPONSIBILTY FOR THE MISPLACEMENT OR PREMATURE OPENING OF THE OFFER.

50.      

THE BID BONDS SHALL BE CONFISCATED AND DEPOSITED AS FINAL REVINUE FOR PUBLIC TREASURE WITHOUT NEED  TO ISSUE OF JURIDICAL DECISION  AT FOLLOWING CASES:-

1- REFUSING THE WINNER BIDDER TO SIGN THE CONTRACT AFTER BEING ADVISED WITH THE LETTER OF ACCEPTANCE  AND  BEING WARNED  OFFICIALLY TO SIGN THE CONTRACT WITHIN 14 DAYS WITHOUT JUSTIFIED LEGAL REASON. THIS INCLUDE THE SECOND AND THIRD NOMINATERS IN CASE OF SHUFFLING THE FIRST NOMINATOR IN CASE THEIR REFUSAL TO SIGN THER CONTRACT. THESE MEASURES SHOULD BE TAKEN WITHIN THE VALIDITY OF OFFERS.

2-NOT SUBMITTING THE PERRFORMANCE BOND BY THE WINNER ( AWARDED  BIDDER ).

3-SUBMITTING NOT TRUE DATA BY THE WINNER ( AWARDED BIDDER ) ILLEGALLY.  

4-REFUSING THE SECOND PARTY ( THE FIRST THREE NOMINATORS ) TO CORRECT PRICING MISTAKES AFTER BEING ADVISED BY THE FIRST PARTY OFFICIALLY.NOT

51.      

THE  FIRST PARTY HAS THE RIGHT TO CANCEL THE TENDER BEFORE ISSUING THE LETTER OF ACCEPTANCE ACCORDING TO JUSTIFIED REASONS WITHOUT COMPENSATION OF BIDDERS   AND RETURNING   THE AMOUNT OF TENDER  RECEPIENT.

52.      

IN CASE OF FINAL APPROVAL AND NOTIFYING THE WINNER BIDDER WITH ACCEPTANCE  ,  THE BIDDER SHOULD SUBMIT  THE PERFORMANCE  BOND  IN FAVOR OF  THE FIRST PARTY AMOUNT ( 5% ) OF TOTAL VALUE OF CONTRACT BEFORE SIGNING OF CONTRACT ISSUED BY THE BIDDER BANK THROUGH TRADE BANK OF IRAQ (TBI) OR ANY GOVERNMENT BANK ONLY BY APPROVED LETTER OF GUARANTEE. THE BIDDER SHOULD SUBMIT THE  PERFORMANCE BOND BEFORE SIGNING THE CONTRACT.

 THE PERFORMANCE BOND SHALL BE  RELEASED AFTER EXCUTION THE CONTRACT , SETTLEMENT OF FINAL ACCOUNTS AND ISSUING OF THE FINAL ACCEPTANCE CERTIFICATE  BY A NOTIFICATION FROM THE FIRST PARTY  

53.      

THE SECOND PARTY  WHO  WIN  THE TENDER SHALL   BEAR THE FEES OF  LAST ANNOUNCEMENT OF TENDER .

54.      

PAYING THE LEGAL STAMP FEES  WHICH REPRESENT (0.002) PERCENTAGE OF THE TOTAL VALUE OF THE CONTRACT PAID IN THE CURRENCY OF THE CONTRACT INSIDE IRAQ.

55.      

PAYING THE NOTARY PUBLIC FEES  ( 0.001 ) TILL TEN THOUSAND DINAR

56.      

THE SECOND PARTY   WHO  WIN  THE TENDER  SHALL  BEAR  ALL TAXES AND  FEES  IN  ACCORDANCE WITH THE VALID LAWS AND INSTRUCTIONS   IN  REPUBLIC OF  IRAQ. 

57.      

THE TENDER / INVITATION  SUBJECT TO THE VALID LAWS AND INSTRUCTIONS IN REPUBLIC OF  IRAQ  

58.      

THE OFFER ACCEPTANCE DECISION  IS CONSIDERED VALID FROM THE DATE OF  ADVISING  THE WINNER  ( AWARDED SECOND PARTY)  WITH THE  FINAL APPROVAL OF ACCEPTANCE,  SIGNING THE CONTRACT BY THE   SECOND PARTY SHOULD BE   WITHIN ( 14 ) DAYS FROM THE A/M DATE , OTHERWISE THE  LEGAL MEASURES  SHALL BE TAKEN.

59.      

THE ANNOUNCEMENT OR INVITATION  ISSUED BY THE FIRST PARTY IS NOT CONSIDERED PART OF THE TENDER DOCUMENTS

60.      

THE  LETTER OF ACCEPTANCE ISSUED BY THE FIRST PARTY , LETTER OF BID , GENERAL CONDITIONS ( TECHNICAL AND COMMERCIAL ) AND PERFORMANCE BOND   ARE CONSIDERED AS INTEGRAL  PART OF THE CONTRACT.

61.      

SUBMIT THE NAME AND ADDRESS OF AUTHORIZED PERSON TO SIGN THE CONTRACT  AS WELL AS THE ACCREDITED DEPUTATION  DOCUMENTS LEGALLY

62.      

THE E-MAIL ADDRESSES  FIXED IN THE CONTRACT SHALL BE ACCREDITED FOR CORRESPONDENCES AND ADVISINGS.  

63.      

ALL E-MAIL CORRESPONDENCES SHALL BE CONSIDERED AS INTEGRAL PART OF CONTRACT.

64.      

THE CONTRACT SHALL BE WRITTEN IN ARABIC  AND ENGLISH LANGUAGE WHENEVER  IT IS APPLICABLE. IN CASE OF DIFFERENCE IN EXPLAINATION  , THE ARABIC TEXT SHALL BE  ACCREDITED

65.      

DELAY PENALTIES  : 

 A-THE DELAY PENALTIES IS  (   10  % ) OF CONTRACT AMOUNT

THE FOLLOWING FORMULA SHALL BE ACCREDITED TO CALCULATE THE PENALTY:-

DELAY PENALTY/DAY =

AMOUNT OF CONTRACT ( THE ORIGINAL AMOUNT OF CONTRACT

+- ANY CHANGE IN AMOUNT)  DIVIDED BY THE TOTAL PERIOD OF CONTRACT       ( THE  ORIGINAL PERIOD OF CONTRACT + - ANY CHANGE IN PERIOD )  MULTIPLYING BY (  10 % )

B-THE DELAY PENALTIES SHALL BE DECREASED ACCORDING TO THE CONTRACTUAL OBLIGATIONS ACCOMPLISHMENT PERCENTAGE SPECIFIED IN THE CONTRACT  WHICH WERE RECEIPT PRELIMINARY ACCORDING TO  THE PRELIMNARY RECEIPT CERTIFICATE OF ACCOMPLISHED WORKS OR SUPPLIED GOODS OR CONFORMITY OF REQUIRED SERVICES AND READINESS FOR USING  ACCORDING TO THE AGREED CONTRACT AND FOLLOWING FORMULA:-

   DELAY PENATY/DAY =

VALUE OF NON-ACCOMPLISHED OBLIGATIONS DIVIDED BY THE TOTAL PERIOD OF CONTRACT   MULTIPLYING BY (    10 % )

C-

1-THE DELAY  PENALTIES SHALL  BE DEDUCTED AT THE END OF ORIGINAL PERIOD OF CONTRACT PLUS THE ADDED PERIODS GRANTED  TO THE CONTRACTOR   OR  WHEN DUE IN THE DIVIDED CONTRACTS  ACCORDING TO THE SCHEDULE OF WORK PROGRESS.

 2-IN THE CONTRACT WHICH ARE EXECUTED ACCORDING TO TIMING SCHEDULE OR STAGES WHICH SPECIFY THE COST AND PERIOD OF EACH STAGE , THE  DELAY PENALTIES SHALL BE DEDUCTED IN EACH  STAGE  AT  THE END OF ITS PERIOD.  

66.      

ALL CORRESPONDENCES AND COMMUNICATIONS BETWEEN THE TWO CONTRACT PARTIES (FIRST PARTY AND SECOND PARTY )  ARE TO BE MADE ACCORDING TO THE ADDRESSES MENTIONED IN THE CONTRACT. IF THERE IS A CHANGE IN ADDRESS OF ONE OF THEM  HE IS OBLIGATE TO INFORM THE OTHER PARTY IN A PERIOD NOT EXCEEDING ( 7) SEVEN DAYS  FROM DATE OF CHANGE . THE E-MAIL OF BOTH PARTIES SHALL BE ACCREDITED FOR INQUIRY AND ADVISINGS PURPOSES.

67.      

ALL DISPUTES IN CONNECTION WITH THE SINGED CONTRACT BETWEEN THE TWO PARTIES ( FIRST PARTY AND SECOND PARTY  )  SHALL BE SETTLED  AMICABLY. IN CASE NO SETTLEMENT MAY BE REACHED , THE CASE MAY BE THEN BE FINALLY SETTLED BY THE COUNTY  COURT OF SADDAT ALHINDIYAH IN BABYLON / REPUBLIC OF IRAQ.

68.      

THE SECOND PARTY DOES NOT HAVE THE RIGHT TO ENDORSE HIS CONTRACTUAL RIGHTS WHOLLY OR PARTIALLY TO THIRD PARTY UNLESS HE OBTAINING A WRITTEN OFFICIAL AGREEMENT ISSUED FROM THE FIRST PARTY.

69.      

NO ADDITIONS OR MODIFIACTIONS ARE TO BE MADE TO THE CONTRACT CONDITIONS UNLESS AGREEING THEM BY THE TWO PARTIES ( FIRST PARTY AND SECOND PARTY).

70.      

THE OFFICIALS OF GOVERNMENT AND PUBLIC SECTOR ARE NOT PERMITTED TO PARTICIPATE IN PUBLIC TENDERS DIRECTLY OR INDIRECTLY

71.      

THE SECOND PARTY IS DIRECTLY AND THROUGHLY RESPONSIBLE FOR HIS WORKS AND HIS PERSONNEL ACTS. THE SECOND PARTY SHALL BEAR ALL THE DAMAGES THAT HE BRINGS UPON THE MONEY AND POSSSSION OF THE FIRST PARTY  AND IN THE PREVELANT PRICE OTHERWISE THESE SHALL BE DEDUCTED FROM HIS DUES OR DEPOSITS AND IF THEY SHALL BE OBTAINED ACCORDING TO THE REGULATIONS OF OBTAINING THE GOVERNMENT DEBT. 56 FOR THE YAER 1977 AND ITS ADJUSTMENTS.

72.      

THE SECOND PARTY  UNDERTAKE NOT TO DEAL WITH ISRAEL OTHERWISE HE SHALL UNDERTAKE ALL LEGAL AND FINANCIAL CONSEQUENCES

73.