Bid Security

- The Bidder shall furnish, as part of his Bid, a bid security in the amount of one percent (1 %) to three percent (3 %) of the Bid Price.

- The bid security shall, at the Bidder’s option, be in the form of a certified check, bank draft, standby letter of credit or bank guarantee from a bank proposed by the Bidder and acceptable to the Owner or bond from a surety company proposed by the Bidder and acceptable to the Owner. The format of the bank guarantee or bond shall be in accordance with the sample form of bid security attached to the Instructions to Bidders; other formats may be permitted, subject to prior approval of the Owner. Letters of credit, bank guarantees and bonds issued as surety for the Bid shall be valid for 28 days beyond the validity of the Bid.

- Any Bid not accompanied by an acceptable bid security or a bid security which will be valid for the required validity period of the bid security as specified in 2) above shall be rejected by the Owner as non-responsive.

- The bid securities of unsuccessful Bidders will be returned without interest as promptly as possible, but not later than 28 days after the expiration period of the Bid validity.

- The bid security of the successful Bidder will be returned without interest when the Bidder has signed the Contract and furnished the required performance security.

- The bid security may be forfeited

- If the Bidder withdraws his Bid during the period of Bid validity

- If the Bidder does not accept the correction of his Bid Price, pursuant to Sub-Clause 1.25.2); or

- In the case of a successful Bidder, if he fails within the specified time limit to

(i) Sign the Contract, or

(ii) Furnish the required performance security.

- A Bid with Alternative Bids submitted by a Bidder pursuant to Sub-clause 1.15.2) shall be considered as one Bid and shall be accompanied by a bid security based on the proposal with the highest total Bid Price.

- The currency of the bid security shall correspond to the currency of the Bid Price.

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Bid Validity

- Bids shall be valid for Two Hundred and Seventy (270) calendar days from the date of opening of the Bids. No Bids with validity period less than that specified above will be accepted.

- The Owner reserves the right, prior to expiry of the original Bid validity period, to request that the Bidders extend a period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by cable. A Bidder may refuse the request without forfeiting his bid security. A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will be required to extend the validity of his bid security for the period of the extension at his cost, and in compliance with Clause 1.14. in all respects.

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Currencies of Bids and Payment

- In the Form of Bid and Price Schedules, the Bidder shall indicate the Bid Prices in the currency of the Bidder’s own country, subject to acceptance by the Owner, and/or in U.S. Dollar except for the portion of his price in which the Bidder ex-pects to spend in Indonesia, which he should state in Indonesian Rupiah. If the Bidder expects that his work under the proposed contract will involve substantial expenditure in countries other than his home country or Indonesia, he may state the corresponding portion of his proposal price in the currencies of these countries. Indonesian Bidders should state the local component in Indonesian currency and the foreign component in appropriate foreign currencies.
The currencies of the Bid Prices so quoted shall be consistent with the Offer of Fi-nance.

- The Contract Price will be paid in the currency or currencies in which the Bid Prices have been stated in the successful Bid.

- All Bid Prices quoted in foreign currency in the Price Schedules shall be on a fixed basis and therefore shall not be subject to any price escalation.

All Bid Prices quoted in local currency in the Price Schedules, may be adjusted pursuant to Clause _____ (Price Adjustment) of the General Terms and Conditions of the Contract. The price breakdown schedule of the civil works and erection works in the Price Schedules will be used as the base for the calculation of price escalation of the local currency prices.

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Undergoing MyBlogLog Verification

Bid Prices

- Unless stated otherwise in the Bid Documents, the Contract shall be for the whole Works as described in Clause 1.2., based on the Price Schedules submitted by the Bidder.

- Bidders shall indicate the foreign and local currency portions of the various prices called for in the Price Schedules. No adjustment in the bid prices will be made unless specifically provided for in the Bid Documents.

- The Bidder shall fill in the rates and prices for all items of the Works described in the Price Schedules. Items against which no rate or price is entered by the Bidder will not be paid for by the Owner when executed and shall be deemed covered by the other rates and prices in the Price Schedules. Bidders shall be deemed to have included in the Bid Price all costs not specifically mentioned in the Price Schedules but are necessary to complete the Works. The Services specified in Section 4 of Volume III of the Bid Documents shall be included in the corresponding items for the Works in the Price Schedules.

- In all the Bids, prices shall be written in words as well as in figures in the space provided in the Price Schedules - Summary.

- A Bidder who submits a Bid offering estimated or provisional prices will be rejected.

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Documents Comprising the Bid

- The Bid submitted by the Bidder shall comprise the following:

The sealed Bid, in ten (10) copies, shall be submitted in envelopes endorsed on the outside with the Bidder’s name and address and in the manner specified in Clause 1.18. and 1.19. of this Volume. Each copy of the Bid shall be divided into three (3) Volumes.

The first volume, in its own separate folder, shall comprise the following documents:

- The Form of Bid and Price Schedules provided in APPENDIXES - A and - B hereto, duly completed and signed by the Bidder.

- Bid Security

- Joint Venture Agreement and license of Joint Venture Agreement issued by the relevant authorities of the Government of Republic of Indonesia.

- Letter of Reciprocal Trade Undertaking stipulated in Clause 1.35 of the Instructions to Bidders.

The second volume, in its own separate folder, shall be the Bidder’s technical proposal. This volume shall comprise the following documents:

- Technical data and information requested in APPENDIX - D hereto.

- Any other technical documents requested for submission in the Bid Documents.

- All other technical documents that the Bidder deems useful to better evaluate his Bid.

The third volume, in its own separate folder, shall comprise the Offer of Finance completed and signed in the form specified in APPENDIX - G hereto.

- The Owner expressly reserves the right to reject any Bid which does not furnish full information required by the Bid Documents and necessary to make possible complete understanding of the equipment and accessories on which the Bid is based and to properly evaluate same in relation to the other Bids; or to furnish same within the date set in a letter from the Owner to the Bidder requesting additional information.

- Bidders shall, where required by the Bid Documents, use the prescribed Bid Forms and Schedules in submitting their Bids. The Owner shall not be held responsible for misinterpretation of terms and conditions of Bids not submitted on the prescribed Bid Forms and Schedules.

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Language and System of Units

The Bid and all supporting documents to be submitted to the Owner with the Bid and all correspondence and documents related to the Bid exchanged by the Bidder and the Owner shall be written in English. All units for measurement and quantities are to be expressed in units of the International System (SI).

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Amendment of Bid Documents

- At any time prior to the deadline for submission of Bids, the Owner may, for any reason, whether at his own initiative or in response to a clarification requested by a prospective Bidder, modify the Bid Documents by issuing Addenda.

- Any Addendum thus issued shall form part of the Bid Documents pursuant to Sub-Clause 1.8.1) and shall be communicated in writing or by cable to all purchasers of the Bid Documents. Prospective Bidders shall acknowledge receipt of each Addendum by cable to the Owner.

- To provide prospective Bidders with reasonable time to take an Addendum into account in preparing their Bids, the Owner may, at its discretion, extend as necessary the deadline for submission of Bids in accordance with Clause 1.19.

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Clarification of Bid Documents

- A Bidder requiring any clarification of the Bid Documents may notify the Owner in writing or by cable (hereinafter the term “cable” is deemed to include facsimile) at the Owner’s address indicated in the Notice of Bidding

The Owner will respond to any request for clarification which he receives earlier than forty-five (45) days prior to the deadline for submission of Bids. Copies of the Owner’s response will be forwarded to all purchasers of the Bid Documents, including a description of the inquiry but without identifying its source. See Definition.

- The Bidder is under an obligation to seek clarification of all matters which may affect the prices and sums quoted by him for the works which he considers unclear or if in his opinion, there are discrepancies or omissions in the Bid Documents. The Owner will not entertain any subsequent claim for additional sums or extension of time for completion of the Contract which arises from circumstances which should have been clarified under this clause before submission of the Bid.

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Documents Comprising the Bid Documents

- The Bid Documents are composed of the following seven (7) parts, and should be read in conjunction with any Addenda issued in accordance with Clause 1.8:

VOLUME I - Instructions to Bidders

VOLUME II - General Terms and Conditions

VOLUME III - Scope of Supply and Services

VOLUME IV - Technical Specifications

VOLUME V - Specifications for the Nuclear Fuel

VOLUME VI - Site Data and Information

VOLUME VII - Site Drawings

- The Bidder is expected to examine carefully the contents of all the above documents. Failure to comply with the requirements of Bid submission will be at the Bidder’s own risk. Pursuant to Clause 1.24., Bids which are not substantially responsive to the requirements of the Bid Documents will be rejected.

- Unless otherwise provided for in the Bid Documents, all the bidding process will be governed by the Presidential Decree No.61/2004 dated August 5, 2004 and its Technical Directives for the Implementation of the Government of Indonesia.

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Site Visit

- Conditions Affecting the Works

Bidders must visit the Site in accordance with the provisions of Sub-Clause 1.5.2) and take such other steps as may be necessary to ascertain the nature and location of the Works, and the general and local conditions which may affect the Works or the cost thereof. Failure to do so will not relieve the Bidders from responsibility for estimating properly the cost of successfully performing the Works. The Owner will assume no responsibility for any understanding or representations concerning conditions affecting the Works made by any of his officers or agents prior to the execution of the Contract.

- Site Inspection

The Bidder is required to visit the location of the Project and make his own estimate of the facilities needed and available. For the successful execution of the Contract, the Contractor is expected to have familiarized himself with local conditions, availability of labor, transportation facilities, uncertainties of weather, and other contingencies.

- The Bidder and any of his personnel or agents will be granted permission by the Owner to enter upon his premises and lands for the purpose of such inspection, but only upon the expressed condition that the Bidder, his personnel and agents will release and indemnify the Owner and his personnel and agents from and against all liability in respect to and will be responsible for any accidental death or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of such inspection.

For such entrance or visit, advance notice shall be given to the Owner at the following address: Nuclear Power Implementing Organization

(The Owner’s Address)

- The Owner may conduct a Site visit concurrently with the Pre-Bid Meeting referred to in Clause 1.16.

- Bidder is required to establish an Authorized Representative in Indonesia (Jakarta or according to the Owner address) in order to facilitate smooth implementation of the Project during bidding stage as well as during execution of the Works.

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Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of the Bid and the Owner will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process. Any and all documents submitted by the Bidder with the Bid shall become the property of the Owner.

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Financing

It is intended that the foreign and local currency costs of the Works shall be financed by the Bidder. Therefore, the Bid shall be supported with the Offer of Finance. Any Bid not supported with the Offer of Finance will be rejected outright.

- Full particulars of the Offer of Finance shall be submitted with the Bid. The Bidder shall include with his Bid the Offer of Finance in the specified Form completed in all respects together with such additional information as may be pertinent to fully describe the Offer of Finance.

- The type of finance shall be in the form of a loan and/or credit of sufficient amount or amounts to cover the amount of foreign and local currencies of the Bid Price and the financing and incidental charges and loan interest incurred up to the taking-over of the Plant. The amount of finance shall be increased or decreased, subject to additions or reductions in the Contract Price in accordance with the terms of the Contract.

- The period of repayment will preferably extend over at least fifteen (15) years beginning on the taking-over of the plant unit, except for the nuclear fuel for which the repayment period shall extend over at least four (4) years after its delivery.

- A Bidder forming a joint venture consisting of firms from different countries is allowed to propose multilateral finances from different countries.

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Scope of Bid

- The Owner wishes to receive Bids for the engineering, fabrication, manufacturing, delivery, construction, installation, testing, commissioning, trial operation/demonstration run and final acceptance of one single unit of a 1000 MWe class (within the range 950 MW(e)- 1050 MW(e)) nuclear power plant of a PWR type together with initial fuel loading and reload batches at Muria Peninsula Region, Central Java, Indonesia, as defined in the Bid Documents, hereinafter referred to as “the Works”. The Bidders shall tender for either of the above two class units or for both class units in accordance with the prequalification. It is a basic requirement of the Contract that the Time for Completion of the Works counted from the Effective Date of the Contract shall be 60 (sixty) months.

- Works To Be Done

The Contract shall be made on a single package full turnkey basis for one unit of 1000 MW class unit of a PWR type, and the Contractor shall provide all plant equipments, services, buildings and structures which are necessary for supplying a licensable and functional complete plant, together with initial fuel loading and reload batches, the details of which are specified in the Scope of Supply and Services and the Specifications.

The Contractor shall also provide all other related works not specifically mentioned in the Specifications but necessary to complete the Works so as to be ready for commercial operation in accordance with the intent of the Contract. It is understood that all costs pertinent thereto are included in the Price Schedules.

- Design and Supply

The Bidder shall offer a licensed and well-proven and state-of-the-art designed plant which it’s basic design shall be in accordance with a Reference Plant supported with certified copies of final safety analysis reports (FSAR) and official licenses (design, construction and operation). The completion of the Reference Plant shall be supported by final acceptance certificate of the Reference Plant issued by the owner of the Reference Plant at the end of the Guarantee Period.

The Contractor may make changes, additions or modifications to the proven design to meet;

· Site conditions

· Grid system requirements

· Specifications’ requirements

· Design changes to improve safety due to incorporation of the latest regulatory requirements and improve reliability by incorporating state-of-the-art technology all of which shall be proved by satisfactory operation in number of units.

The Contractor may make modifications to his supplies and services that are due to the normal development of technology and practice.

- Requirements of Acceptable Reference Plant

Operation record

- The Reference Plant shall have been placed in operation at least for the period of three years after taking-over of the plant by the owner of the Reference Plant.

The cumulative availability factor of the Reference Plant shall be 87% or more. The average number of reactor trips of the Reference Plant shall be less than 1 times per calendar year.

- The required operation performances shall be supported by certificates of achievement of the required operation performances issued by the owner of the Reference Plant.

- Bids shall be for the entire scope of the Works. Bids covering only a part of the Works will be rejected outright.

- The Plant shall represent a fully licensable design and supply according to the laws, regulations and requirements of the Authorities in Indonesia and in the Contractor’s home country

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Parties Who Can Bid

1. Only Bids from parties who have been prequalified and have duly obtained the Bid Documents will be accepted and considered for possible award. Bids from parties who have not been prequalification or who have not been issued the Bid Documents will be rejected outright.

2. Bidding is limited to firms, partnerships and companies acting either alone or in any form of jointly and severally liable form of association hereinafter referred to as “Joint Operation”, which have been prequalified by the Nuclear Power Implementing Organization of the Government of Republic of Indonesia, hereinafter called “the Owner”. If between the times a Bidder is prequalification to Bid and the Bid opening date conditions arise which could in the opinion of the Owner substantially change the performance of the Bidder, the Owner reserves the right to reject the Bidder. Bidders qualified on conditional basis should ensure that any outstanding requested qualification information is supplied along with their Bids.