Comprehensive Fire & Life Safety Systems Condition Audit - VILLA MYRA
ServicesJOB REFERENCE:
JB004-26-03697
Comprehensive Fire & Life Safety Systems Condition Audit
1. OBJECTIVE
HOAM intends to appoint a qualified Dubai Civil Defence (DCD) approved House of Expertise to conduct an independent and comprehensive condition audit of the existing Fire & Life Safety systems.
The purpose of this audit is to establish the current physical condition, operational health, functionality and compliance-related status of the Fire & Life Safety systems and to identify all existing defects, deficiencies, faults, non-functional components and rectification requirements.
This audit shall be considered a specialized Building Condition Audit specifically for Fire & Life Safety systems, conducted separately from the general Building Condition Audit due to the specialist and life-safety nature of these systems.
The audit shall cover the following four primary systems:
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Fire Alarm System
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Fire Fighting System
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Central Battery System (CBS)
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Voice Evacuation System
The completed audit shall provide HOAM with a reliable technical baseline to:
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Determine the actual health and operational condition of each system.
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Identify all existing Fire & Life Safety deficiencies.
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Identify deficiencies affecting applicable DCD requirements/clearance.
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Establish a clear and quantified rectification scope.
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Independently verify completion of the identified rectification works.
2. MANDATORY CONSULTANT ELIGIBILITY
The audit shall be carried out only by a company/consultant holding valid Dubai Civil Defence approval and registration as a House of Expertise for the applicable Fire & Life Safety activities.
The bidder shall submit valid documentary evidence of its applicable DCD House of Expertise approval/registration together with its proposal.
Any bidder not holding the required valid DCD approval/House of Expertise status for the applicable scope shall be considered technically non-compliant and ineligible for award, irrespective of its commercial offer.
The appointed Consultant shall remain professionally responsible for the adequacy, accuracy and completeness of the inspection, testing, technical assessment, findings, system-health classification, snag identification and rectification recommendations contained within its reports.
3. GENERAL AUDIT REQUIREMENTS
The Consultant shall conduct a detailed site inspection, physical condition assessment, functional testing and technical review of the four Fire & Life Safety systems.
The assessment shall include, but shall not be limited to:
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Physical condition of installed equipment and components.
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Operational and functional status of each system.
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Existing panel faults, alarms, trouble indications and abnormalities.
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Disabled, isolated or bypassed devices, zones, circuits or functions.
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Damaged, deteriorated, defective or non-functional equipment/components.
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Missing equipment/components, where identified.
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System communication/network status, where applicable.
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Power supplies, batteries, chargers and backup arrangements.
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Functional operation of control panels.
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Applicable system interfaces and interlocks.
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Visible installation deficiencies.
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Leakage, corrosion, deterioration or physical damage.
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Review of available maintenance and PPM records.
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Review of previous inspection findings where made available.
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Review of available approved drawings, system documentation and cause-and-effect matrix, where applicable.
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Functional testing in coordination with the existing FM team and Fire & Life Safety AMC contractor.
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Identification of all snags requiring corrective/rectification works.
The audit shall not be limited to visual inspection or review of existing AMC/PPM reports only.
The Consultant shall independently inspect, test and establish the actual condition of the systems.
4. FIRE ALARM SYSTEM
The Consultant shall inspect and functionally assess the complete applicable Fire Alarm System, including but not limited to:
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Main Fire Alarm Control Panel.
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Repeater panels.
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Smoke detectors.
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Heat detectors.
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Manual call points.
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Sounders/bells.
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Visual alarm devices.
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Monitor and control modules.
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Input/output modules.
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Interface modules.
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Power supplies and chargers.
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Standby batteries.
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Existing panel faults and trouble indications.
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Disabled/isolated devices or zones.
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Communication/network faults between panels, where applicable.
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Device addressing and identification.
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Fire Alarm System interfaces with other building systems.
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Applicable cause-and-effect functionality.
Functional testing shall identify any devices, circuits, panels or interfaces that fail to activate, communicate, reset or perform their intended function.
5. FIRE FIGHTING SYSTEM
The Consultant shall inspect and functionally assess the complete applicable Fire Fighting System, including but not limited to:
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Duty fire pumps.
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Standby fire pumps.
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Jockey pumps.
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Fire pump control panels.
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Automatic and manual pump operation.
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Fire water tanks and associated level indication/control, where applicable.
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Wet riser system.
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Hose reels.
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Landing valves.
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Breeching inlets.
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Fire extinguishers.
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Isolation valves.
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Non-return valves.
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Supervisory/control valves.
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Pressure gauges and associated instrumentation.
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Firefighting pipework.
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Pipe supports and associated fittings.
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Visible leakage, corrosion and deterioration.
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Static pressure.
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Flow at representative locations.
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Fire pump operating pressure/performance observations.
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Associated Fire Alarm System monitoring/interfaces.
Any abnormal pressure, leakage, corrosion, defective equipment, defective valve or other deficiency affecting system condition or performance shall be clearly identified.
6. CENTRAL BATTERY SYSTEM (CBS)
The Consultant shall inspect and functionally assess the complete applicable Central Battery System and associated emergency-lighting operation, including but not limited to:
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Central battery panels.
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Panel alarms and faults.
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Batteries and battery condition.
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Chargers.
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Power supplies.
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Output circuits.
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Circuit monitoring.
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Voltage readings.
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Communication status, where applicable.
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Emergency lighting circuits.
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Emergency luminaires connected to the system.
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Exit lights connected to the system.
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Simulated mains power failure.
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Automatic transfer to emergency operation.
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Restoration following reinstatement of normal power.
Any defective batteries, circuits, luminaires, modules or other components affecting system operation shall be clearly identified.
7. VOICE EVACUATION SYSTEM
The Consultant shall inspect and functionally assess the complete applicable Voice Evacuation System, including but not limited to:
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Voice evacuation control panels.
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Amplifiers.
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Controllers.
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Emergency microphones.
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Speakers.
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Speaker circuits/zones.
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Power supplies.
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Backup batteries.
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Existing panel faults.
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Communication faults.
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Fire Alarm System interfaces.
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Automatic emergency-message activation.
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Manual announcement functionality.
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Zone-wise operation.
The Consultant shall verify the applicable interface between the Fire Alarm and Voice Evacuation systems and identify all defective or non-functional components.
8. SYSTEM INTEGRATION AND CAUSE-AND-EFFECT VERIFICATION
The Consultant shall verify applicable functional interfaces between the Fire Alarm System and associated Fire & Life Safety/building systems.
This shall include, where applicable:
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Voice Evacuation System activation.
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Fire pump monitoring.
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Lift recall/fireman's operation interface.
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Staircase pressurization.
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Smoke-control/smoke-extract systems.
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HVAC shutdown.
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Fire/smoke dampers.
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Access-controlled door release.
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Other applicable Fire Alarm System interfaces.
Where an approved cause-and-effect matrix is available, the Consultant shall review the documented sequence against actual field operation.
Any failed, incorrect, incomplete or non-operational interface identified during testing shall be clearly recorded.
9. INSPECTION AND TESTING METHODOLOGY
The Consultant shall perform appropriate functional testing sufficient to establish the actual operational health of each system.
Where 100% functional testing is reasonably practicable, full testing shall be performed.
Where sample-based testing is required due to installed quantities, accessibility or operational constraints, the Consultant shall clearly state and justify its sampling methodology.
For each applicable system/component, the report shall identify:
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Total installed quantity, where ascertainable.
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Quantity physically inspected.
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Quantity functionally tested.
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Sampling percentage.
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Floors/locations tested.
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Quantity passed.
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Quantity failed.
Any limitation preventing inspection or functional testing shall be specifically identified in the report together with the reason.
10. DCD STATUS AND COMPLIANCE-RELATED REVIEW
As an integral part of the audit, the Consultant shall review the available DCD regulatory/compliance status of the building insofar as it relates to the Fire & Life Safety systems covered under this audit.
Where available/applicable, the Consultant shall review:
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DCD maintenance/annual agreement status and related requirements.
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DCD inspection reports/comments.
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Existing DCD certificates.
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Outstanding DCD observations.
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Previous DCD-related Fire & Life Safety deficiencies.
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Other available DCD documentation directly related to the audited systems.
The Consultant shall correlate the available DCD observations/requirements with the actual physical and functional condition identified during the audit.
Any defect, deficiency, system failure or outstanding requirement that may affect the building's applicable DCD agreement, inspection clearance, certificate issuance/renewal or other Fire & Life Safety compliance requirement shall be clearly highlighted as a DCD-Related Priority Item.
The Consultant shall not merely reproduce existing DCD comments. The Consultant shall verify the actual site condition and provide its independent technical assessment.
Final regulatory acceptance or certification shall remain subject to Dubai Civil Defence, where applicable.
11. SYSTEM HEALTH CLASSIFICATION
The Consultant shall provide a separate overall health assessment for each of the four systems.
Each system shall be classified as:
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Operational / Satisfactory
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Operational with Minor Deficiencies
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Partially Functional
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Major Rectification Required
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Non-Operational / Critical
Each individual snag shall additionally be classified as:
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Critical
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Major
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Minor
Critical and Major findings shall include clear technical justification.
12. MANDATORY SEPARATE SYSTEM-WISE SNAG TABLES
The Consultant shall prepare a separate and clearly identifiable snag table for each of the four systems.
The four systems shall not be combined into one general snag table.
The Initial Audit Report shall therefore contain:
Table 1 – Fire Alarm System Snags
Table 2 – Fire Fighting System Snags
Table 3 – Central Battery System (CBS) Snags
Table 4 – Voice Evacuation System Snags
Where no snag is identified for a particular system following the applicable inspection and testing, the respective table shall still be included and clearly state:
“No Snags Identified.”
No applicable system shall be omitted from the report.
13. MINIMUM REQUIREMENTS FOR EACH SNAG
Each snag shall be assigned a unique Defect/Snag ID that shall remain unchanged from the Initial Audit through the Post-Rectification Completion & Closure Report.
Each snag table shall include, at minimum:
|
Information |
Requirement |
|
Snag/Defect ID |
Unique reference |
|
Equipment/Component |
Affected item |
|
Floor/Area |
Applicable floor/area |
|
Exact Location |
Specific defect location |
|
Defect Description |
Clear description of deficiency |
|
Technical Observation |
Consultant's assessment |
|
Risk Classification |
Critical / Major / Minor |
|
DCD Related |
Yes / No |
|
DCD Observation/Requirement |
Where applicable/identifiable |
|
Recommended Rectification |
Specific corrective action |
|
Quantity |
Required quantity |
|
Unit |
No./Lot/Meter/etc., as applicable |
|
Photograph Reference |
Corresponding photographic evidence |
|
Initial Status |
Open |
All photographs shall be clearly referenced to the respective Snag/Defect ID.
14. DETAILED AND QUANTIFIED RECTIFICATION SCOPE
For every identified snag requiring corrective work, the Consultant shall prepare a clear, measurable, quantified and technically actionable rectification scope.
The rectification scope shall be sufficiently detailed to enable HOAM to subsequently prepare an RFP/work order, obtain comparable quotations and proceed with rectification without requiring another condition survey to establish the basic scope and quantities.
The rectification scope shall include, wherever applicable:
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Snag/Defect ID.
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Equipment/component description.
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Required repair/replacement.
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Technical specification/rating, where identifiable.
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Quantity.
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Unit.
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Exact location.
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Associated works.
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Testing and commissioning requirements following rectification.
The rectification scope shall be separately categorized under:
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Fire Alarm System
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Fire Fighting System
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Central Battery System
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Voice Evacuation System
15. MANDATORY TWO-STAGE AUDIT AND REPORTING
The complete assignment shall consist of two mandatory stages and two separate reports:
Stage 1;
Initial Fire & Life Safety Systems Condition Audit Report
Stage 2;
Post-Rectification Completion & Closure Report
Both stages and both reports shall form part of the awarded audit scope.
16. STAGE 1 – INITIAL FIRE & LIFE SAFETY SYSTEMS CONDITION AUDIT REPORT
The Consultant shall conduct the initial inspection, functional testing and condition assessment and issue a comprehensive Initial Fire & Life Safety Systems Condition Audit Report.
The Initial Report shall establish the baseline condition prior to rectification and shall include, at minimum:
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Executive Summary.
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Building details.
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Consultant details and valid DCD House of Expertise credentials.
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Inspection/audit methodology.
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Testing and sampling methodology.
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Existing Fire & Life Safety system overview.
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Fire Alarm System condition assessment.
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Separate Fire Alarm System Snag Table.
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Fire Fighting System condition assessment.
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Separate Fire Fighting System Snag Table.
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Central Battery System condition assessment.
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Separate Central Battery System Snag Table.
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Voice Evacuation System condition assessment.
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Separate Voice Evacuation System Snag Table.
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Cause-and-effect/interface testing findings, where applicable.
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DCD status/document review and associated findings.
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DCD-related priority deficiencies.
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Photographic evidence linked to individual Snag/Defect IDs.
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Testing observations/results.
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Health classification for each of the four systems.
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Detailed and quantified rectification scope for each identified snag.
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Summary of Critical, Major and Minor deficiencies.
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Consultant's conclusions and recommendations.
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Signed and stamped Consultant declaration.
All identified snags shall initially be classified as OPEN.
The Initial Report shall serve as the formal baseline against which subsequent rectification and closure shall be measured.
17. RECTIFICATION FOLLOWING INITIAL AUDIT
Following HOAM's review and acceptance of the Initial Audit Report, the required rectification works may be undertaken through HOAM's applicable procurement/approval process.
Completion claimed by the rectification contractor, AMC contractor or any other party shall not automatically constitute closure of an audit snag.
A snag shall only be considered closed after the appointed DCD-approved House of Expertise has physically verified and where applicable, functionally tested the completed rectification.
18. STAGE 2 – POST-RECTIFICATION INSPECTION AND VERIFICATION
Following completion of the identified rectification works and upon instruction from HOAM, the same appointed Consultant shall revisit the building and conduct a Post-Rectification Inspection.
The Consultant shall verify the status of every snag identified in the Initial Audit Report using the same original Snag/Defect IDs.
For each original snag, the Consultant shall:
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Physically verify the completed rectification.
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Conduct functional testing where applicable.
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Verify whether the original deficiency has been satisfactorily addressed.
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Verify associated system operation where the rectification affects functionality.
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Record post-rectification observations.
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Provide post-rectification photographic evidence.
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Update the status of the original snag.
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Identify any remaining deficiency.
The Consultant shall not replace the original snag numbering with a new numbering system.
19. POST-RECTIFICATION SNAG STATUS
Each original snag shall be assigned one of the following statuses following verification:
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CLOSED – Rectification satisfactorily completed and verified.
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PARTIALLY CLOSED – Rectification undertaken but not fully completed or satisfactory.
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OPEN – Original deficiency remains outstanding or rectification is unsatisfactory.
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NOT VERIFIED – Verification could not be completed, with the reason clearly stated.
20. STAGE 2 – POST-RECTIFICATION COMPLETION & CLOSURE REPORT
Following post-rectification inspection and testing, the Consultant shall issue a separate report titled:
POST-RECTIFICATION COMPLETION & CLOSURE REPORT – FIRE & LIFE SAFETY SYSTEMS
The report shall provide a direct comparison between the Initial Audit findings and the verified post-rectification condition.
The Post-Rectification Report shall again contain four separate system-wise closure tables:
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Fire Alarm System
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Fire Fighting System
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Central Battery System
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Voice Evacuation System
The original Snag/Defect ID, description and location shall correspond directly with the Initial Audit Report.
21. OUTSTANDING SNAGS
Where any snag remains OPEN, PARTIALLY CLOSED or NOT VERIFIED, the Consultant shall clearly identify:
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Reason for non-closure.
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Remaining deficiency.
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Additional corrective action required.
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Whether further functional testing is required.
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Whether the outstanding item affects system operation.
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Whether the item continues to affect applicable DCD requirements/clearance.
All outstanding items shall be separately summarized within the Post-Rectification Completion & Closure Report.
The Consultant shall not issue an unconditional closure statement where Critical, Major or DCD-related deficiencies remain outstanding.
22. FINAL SYSTEM HEALTH STATUS
Following post-rectification verification, the Consultant shall provide the final health status of each system.
Special attention shall be given to all snags initially classified as Critical, Major, or DCD-Related Priority Items.
23. CONSULTANT RESPONSIBILITY
HOAM intends to rely upon the Initial Audit as the technical basis for subsequent rectification works.
Accordingly, the appointed Consultant shall exercise appropriate professional care and technical diligence to ensure that its:
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Inspection;
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Functional testing;
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System-health assessment;
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Snag identification;
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DCD-related observations;
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Quantities;
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Rectification recommendations; and
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Post-rectification verification
are accurate and complete within the agreed audit scope.
Any Critical Fire & Life Safety deficiency identified during inspection shall be immediately communicated to HOAM and shall not be withheld until issuance of the formal report.
The appointed DCD-approved House of Expertise shall remain professionally responsible for the technical findings and recommendations contained within both the Initial and Post-Rectification reports.
24. CONSULTANT DECLARATION AND REPORT AUTHENTICATION
Both the Initial Fire & Life Safety Systems Condition Audit Report and the Post-Rectification Completion & Closure Report shall be officially signed and stamped by the appointed DCD-approved House of Expertise.
The Initial Report shall include a declaration confirming that:
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The applicable four Fire & Life Safety systems have been inspected and assessed in accordance with the awarded scope.
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The findings represent the conditions identified during the Consultant's inspection and testing.
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All material deficiencies identified during the audit have been recorded.
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A detailed and quantified rectification scope has been provided for the identified deficiencies.
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DCD-related deficiencies identified during the assessment have been separately highlighted.
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The Consultant accepts professional responsibility for its technical findings and recommendations.
The Post-Rectification Report shall confirm the verified closure status of the original audit snags and clearly identify all outstanding items.
25. COORDINATION AND SITE REQUIREMENTS
The Consultant shall coordinate all inspection and testing activities with:
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HOAM Team.
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Building FM team.
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Existing Fire & Life Safety AMC contractor.
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Other relevant service providers where system-interface testing is required.
The Consultant shall provide the required inspection/testing schedule in advance.
Testing shall be planned and performed in a controlled manner without unnecessary disruption to residents, occupants or normal building operations.
Appropriate precautions and coordination shall be undertaken prior to activation/testing of alarms, pumps, Voice Evacuation Systems, lifts, pressurization systems or other interfaced systems.
The Consultant shall provide all competent personnel, testing equipment, calibrated instruments and tools necessary to perform the audit.
26. INDEPENDENCE OF AUDIT
The audit shall constitute an independent third-party technical assessment.
Existing AMC reports, PPM records, previous inspection reports and contractor observations may be reviewed as supporting information; however, these shall not substitute the Consultant's own physical inspection, functional testing and professional assessment.
Any discrepancy between existing AMC/PPM records and the actual condition identified during the audit shall be clearly highlighted.
The existing AMC contractor may assist with system access and operation during testing; however, all findings, classifications, snag identification and recommendations shall remain the independent professional findings of the appointed DCD-approved House of Expertise.
PAYMENT TERMS;
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70% – Upon Completion and Acceptance of Initial Audit Report
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30% – Upon Post-Rectification Verification and Final Closure Report
REQUIREMENTS;
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Valid Dubai Civil Defence (DCD) House of Expertise Approval/Registration
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Company Profile
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Commercial Breakdown proposal (Price shall include both Initial Audit and Post-Rectification Verification/Closure.)
Terms & Condition
1. Vendors are to use the Response Form provided and include all information requested by HOAM in relation to the RFP.
2. By submitting a Proposal the Vendor
accepts that it is bound by the RFP Process, Terms and Conditions (RFP-Terms)
a. examine the RFP and any
documents referenced in the RFP and any other information provided by HOAM
b. consider all risks,
contingencies and other circumstances relating to the delivery of the Requirements
and include adequate provision in its Proposal to manage such risks and contingencies.
c. document in its Proposal all
assumptions and qualifications made about the delivery of the Requirements,
including any assumption that HOAM or a third party will deliver any aspect of
the Requirements or incur any cost related to the delivery of the Requirements.
d. ensure that pricing information
is quoted in UAE dirhams (AED) inclusive of VAT.
e. satisfy itself as to the
correctness and sufficiency of its Proposal, including the proposed pricing and
the sustainability of the pricing.
f. There is no expectation or obligation for Vendors to submit Proposals in response to the RFP solely to remain on any prequalified or registered supplier list. Any Vendor on such a list will not be penalised for failure to submit a Proposal.
4. Proposals are to remain valid and open for acceptance by HOAM for the Offer Validity Period.
5. Each Vendor should satisfy itself as to the interpretation of the RFP. If there is any perceived ambiguity or uncertainty in the RFP document/s Vendors should seek clarification before the Deadline for Questions.
6. All requests for clarification must be made through the online system to HOAM’s Point of Contact. HOAM will endeavour to respond to requests in a timely manner, but not later than the deadline for HOAM to answer Vendors’ questions, if applicable.
7. If HOAM considers a request to
be of sufficient importance to all Vendors it may provide details of the
question and answer to other Vendors. In doing so HOAM may summarise the Vendor’s
question and will not disclose the Vendor’s identity. The question and answer
may be posted (updated on the system) and/or emailed to participating Vendors.
8. In submitting a request for clarification a Vendor is to indicate, in its request, any information that is commercially sensitive. HOAM will not publish such commercially sensitive information. However, HOAM may modify a request to eliminate such commercially sensitive information, and publish this and the answer where HOAM considers it of general significance to all Vendors.
9. Each Vendor is responsible for ensuring that its Proposal is received by HOAM on or before the Deadline for Proposals.
10. HOAM intends to rely on the Vendor’s
Proposal and all information provided by the Vendor (e.g. correspondence and
negotiations). In submitting a Proposal and communicating with HOAM each Vendor
should check that all information it provides to HOAM is:
a. true, accurate and complete,
and not misleading in any material respect
b. does not contain Intellectual Property that will breach a third party’s rights.
11. Where HOAM requires the Proposal to be delivered in hard and soft copies, the Vendor is responsible for ensuring that both the hard and soft copies are identical.
12. HOAM will convene an evaluation panel comprising members chosen for their relevant expertise and experience. In addition, HOAM may invite independent advisors to evaluate any Proposal, or any aspect of any Proposal.
13. Each Vendor authorises HOAM to collect additional information, and to use that information as part of its evaluation of the Vendor’s Proposal.
14. Each Vendor is to ensure that all referees listed in support of its Proposal agree to provide a reference.
15. To facilitate discussions between HOAM and third parties each Vendor waives any confidentiality obligations that would otherwise apply to information held by a third party.
16. HOAM may, at any time, request from any Vendor clarification of its Proposal as well as additional information about any aspect of its Proposal. HOAM is not required to request the same clarification or information from each Vendor.
17. The Vendor must provide the clarification or additional information in the format requested. Vendors will endeavour to respond to requests in a timely manner. HOAM may take such clarification or additional information into account in evaluating the Proposal.
18. Where a Vendor fails to respond adequately or within a reasonable time to a request for clarification or additional information, HOAM may cease evaluating the Vendor’s Proposal and may eliminate the Proposal from the RFP process.
19. HOAM will base its initial evaluation on the Proposals submitted in response to the RFP. HOAM may adjust its evaluation of a Proposal following consideration of any clarification or additional information.
20. In deciding which Vendor/s to
shortlist HOAM will take into account the results of the evaluations of each
Proposal and the following additional information:
a. each Vendor’s understanding of
the Requirements, capability to fully deliver the Requirements and willingness
to meet the terms and conditions of the Proposed Contract
b. except where the price is the only criterion, the best value-for-money over the whole of-life of the goods or services.
21. In deciding which Vendor/s, to
shortlist HOAM may take into account any of the following additional
information:
a. the results from reference
checks, site visits, product testing and any other due diligence
b. the ease of contracting with a Vendor
based on that Vendor’s feedback on the Proposed Contract (where these do not
form part of the weighted criteria)
c. any matter that materially
impacts on HOAM’s trust and confidence in the Vendor
d. any other relevant information that HOAM may have in its possession.
22. HOAM will advise Vendors if they have been shortlisted or not. Being shortlisted does not constitute acceptance by HOAM of the Vendor’s Proposal, or imply or create any obligation on HOAM to enter into negotiations with, or award a Contract for delivery of the Requirements to any shortlisted Vendor/s. At this stage in the RFP process HOAM will not make public the names of the shortlisted Vendors.
23. HOAM may invite a Vendor to enter into negotiations with a view to contract. Where the outcome is unsatisfactory HOAM may discontinue negotiations with a Vendor and may then initiate negotiations with another Vendor.
24. HOAM may initiate concurrent negotiations with more than one Vendor. In concurrent negotiations HOAM will treat each Vendor fairly.
25. Each Vendor agrees that any
legally binding contract entered into between the Successful Vendor and HOAM
will be essentially in the form of the Proposed Contract.
1. All enquiries regarding the RFP must be directed to HOAM’s Point of Contact.
2. Vendors must not directly or indirectly approach any representative of HOAM, or any other person, to solicit information concerning any aspect of the RFP.
3. Only the Point of Contact, and any authorised person of HOAM, are authorised to communicate with Vendors regarding any aspect of the RFP. HOAM will not be bound by any statement made by any other person.
4. HOAM may change the Point of
Contact at any time. This notification may be posted on the system.
Where a Vendor has an existing contract with HOAM then business as usual communications, for the purpose of managing delivery of that contract, will continue using the usual contacts. Vendors must not use business as usual contacts to lobby HOAM, solicit information or discuss aspects of the RFP.
6. Each Vendor must accept and adhere to the Conflict of Interest declaration in the Response Form and must immediately inform HOAM should a Conflict of Interest arise during the RFP process. A material Conflict of Interest may result in the Vendor being disqualified from participating further in the RFP.
7. Vendors must not attempt to influence or provide any form of personal inducement, reward or benefit to any representative of HOAM in relation to the RFP.
8. A Vendor who attempts to do anything prohibited may be disqualified from participating further in the RFP process.
9. HOAM reserves the right to require additional declarations, or other evidence from a Vendor, or any other person, throughout the RFP process to ensure probity of the RFP process.
10. Vendors must not engage in collusive, deceptive or improper conduct in the preparation of their Proposals or other submissions or in any discussions or negotiations with HOAM. Such behaviour will result in the Vendor being disqualified from participating further in the RFP process. In submitting a Proposal the Vendor warrants that its Proposal has not been prepared in collusion with a Competitor.
11. HOAM reserves the right, at its discretion, to report suspected collusive or anticompetitive conduct by Vendors to the appropriate authority and to give that authority all relevant information including a Vendor’s Proposal.
12. HOAM and Vendor will each take reasonable steps to protect Confidential Information and, without limiting any confidentiality undertaking agreed between them, will not disclose Confidential Information to a third party without the other’s prior written consent.
13. HOAM and Vendor may each disclose Confidential Information to any person who is directly involved in the RFP process on its behalf, such as officers, employees, consultants, contractors, professional advisors, evaluation panel members, partners, principals or directors, but only for the purpose of participating in the RFP.
14. Vendors acknowledge that by law, HOAM will not be in breach of its obligations if Confidential Information is disclosed by HOAM to the appropriate authority because of suspected collusive or anticompetitive tendering behaviour. Where HOAM receives a request that relates to a Vendor’s Confidential Information HOAM will consult with the Vendor and may ask the Vendor to explain why the information is considered by the Vendor to be confidential or commercially sensitive.
15. For the duration of the RFP, to the date of the announcement of the Successful Vendor, or the end of the RFP process, the Vendor agrees to keep the RFP strictly confidential and not make any public statement to any third party in relation to any aspect of the RFP, the RFP process or the award of any Contract without HOAM’s prior written consent.
16. A Vendor may disclose RFP information to any person but only for the purpose of participating in the RFP. The Vendor must take reasonable steps to ensure that such recipients do not disclose Confidential Information to any other person or use Confidential Information for any purpose other than responding to the RFP.
17. Each Vendor will meet its own costs associated with the preparation and presentation of its Proposal and any negotiations.
Ownership
of documents
18. The RFP and its contents remain the property of HOAM. All Intellectual Property rights in the RFP remain the property of HOAM or its licensors. HOAM may request the immediate return or destruction of any or all RFP documents and any copies. Vendors must comply with any such request in a timely manner.
19. All documents forming the Proposal will, when delivered to HOAM, become the property of HOAM. Proposals will not be returned to Vendors at the end of the RFP process.
20. Ownership of Intellectual Property rights in the Proposal remain the property of the Vendor or its licensors. However, the Vendor grants to HOAM a non-exclusive, non-transferable, perpetual licence to retain, use, copy and disclose the information contained in the Proposal for any purpose related to the RFP process.
No binding legal relations
21. Neither the RFP, nor the RFP process creates a process contract or any legal relationship between HOAM and any Vendor, except in respect of:
a. the Vendor’s declaration in its
Proposal
b. the Offer Validity Period
c. the Vendor’s statements,
representations and/or warranties in its Proposal and in its correspondence and
negotiations with HOAM.
d. no legal relationship is formed
between HOAM and any Vendor unless and until a contract is entered into between
those parties.
Elimination
22. HOAM may exclude a Vendor from
participating in the RFP if HOAM has evidence of any of the following, and is
considered by HOAM to be material to the RFP:
a. the Vendor has failed to
provide all information requested, or in the correct format, or materially
breached a term or condition of the RFP
b. the Proposal contains a
material error, omission or inaccuracy
c. the Vendor is in bankruptcy,
receivership or liquidation
d. the Vendor has made a false
declaration
e. there is a serious performance
issue in a historic or current contract delivered by the Vendor
f. the Vendor has been convicted
of a serious crime or offence
g. there is professional
misconduct or an act or omission on the part of the Vendor which adversely
reflects on the integrity of the Vendor
1. Despite any other provision in
the RFP HOAM may, on giving due notice to Vendors:
a. amend, suspend, cancel and/or
re-issue the RFP, or any part of the RFP
b. make any material change to the
RFP (including any change to the timeline, Requirements or Evaluation Approach).
a. in exceptional circumstances,
accept a late Proposal where it considers that there is no material prejudice
to other Vendors. HOAM will not accept a late Proposal if it considers that
there is risk of collusion on the part of a Vendor, or the Vendor may have
knowledge of the content of any other Proposal
b. in exceptional circumstances,
answer a question submitted after the Deadline for Questions, if applicable
c. accept or reject any Proposal,
or part of a Proposal
d. accept or reject any
non-compliant, non-conforming or alternative Proposal
e. decide not to accept the lowest
priced conforming Proposal unless this is stated as the Evaluation Approach
f. decide not to enter into a
Contract with any Vendor
g. liaise or negotiate with any Vendor
without disclosing this to, or doing the same with, any other Vendor
h. provide or withhold from any Vendor
information in relation to any question arising in relation to the RFP.
Information will usually only be withheld if it is deemed unnecessary, is
commercially sensitive to a Vendor, is inappropriate to supply at the time of
the request or cannot be released for legal reasons
i. amend the Proposed Contract at
any time, including during negotiations with a shortlisted Vendor
j. waive irregularities or
requirements in or during the RFP process where it considers it appropriate and
reasonable to do so.
3. HOAM may request that a Vendor/s
agrees to HOAM:
a. selecting any individual
element/s of the Requirements that is offered in a Proposal and capable of
being delivered separately, unless the Proposal specifically states that the
Proposal, or elements of the Proposal, are to be taken collectively
b. selecting two or more Vendors
to deliver the Requirements as a joint venture or consortium.
Law of
the Emirate of Dubai
4. The laws of The Emirate of
Dubai shall govern the RFP and each Vendor agrees to submit to the exclusive
jurisdiction of the Emirate of Dubai courts in respect of any dispute concerning
the RFP or the RFP process.
HOAM will not be liable in
contract, tort, equity, or in any other way whatsoever for any direct or
indirect damage, loss or cost incurred by any Vendor or any other person in
respect of the RFP process.
2. Nothing contained or implied in the RFP, or RFP process, or any other communication by HOAM to any Vendor shall be construed as legal, financial, or other advice. HOAM has endeavored to ensure the integrity of such information. However, it has not been independently verified and may not be updated.
3. HOAM has issued the RFP with the intent of purchasing the goods or services described in the Requirements. The term HOAM (Highrise Owners Association Management LLC) includes its officers, employees, contractors, consultants, agents and representatives.
HOAM- Highrise Owners Association Management
Villa Myra
ResidentialVilla Myra, Jumeirah Village Circle, Dubai, United Arab Emirates