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NEC-DC1/ROI-RFQ/2026-01 · Revision 2

1. RFQ status and award

This pack invites registration of interest and indicative quotations only. It is not a purchase order, award, exclusivity grant, financing commitment or authority to start work. NEC may amend, suspend, divide or cancel the process, seek clarification or reject any proposal without reimbursing bid costs. A supply/EPC obligation arises only under a definitive contract signed by authorised representatives.

2. Quote basis and interfaces

The vendor shall identify the contracting entity, exact model, country of manufacture, offered quantity, currency, named Incoterm/place, taxes, exclusions, validity, delivery, warranty and acceptance tests. Reference quantities are preliminary, not guaranteed orders. Bundled scope shall be identified so that no item is counted twice. Proposed variations shall be stated expressly; silence is not confirmation that an excluded item is accepted by NEC.

3. Information, intellectual property and evaluation

Each party retains its background intellectual property. The vendor grants NEC a non-exclusive right to copy and share its proposal with NEC group/project entities, advisers, financiers and evaluators solely for this project, under confidentiality duties. This is not a right to manufacture from proprietary designs or use them on unrelated projects. The vendor warrants authority to submit and permit evaluation of its material.

4. Confidential information and permitted use

Confidential Information includes non-public site/landowner details, introduced counterparty identities, drawings, studies, technical designs, commercial data, proposals and negotiations disclosed for NEC-DC1, whether or not marked confidential where confidentiality is reasonably apparent. Each recipient shall use it only to evaluate, quote, negotiate or perform an authorised project role; restrict access to need-to-know personnel/advisers bound by equivalent duties; protect it with reasonable care; and remain responsible for those persons.

5. Exceptions, disclosure and return

These duties do not cover information the recipient can evidence was lawfully known without restriction, independently developed, lawfully received from another source or public without breach. Legally required disclosure is permitted only to the extent required, with prompt advance notice where lawful. Notify the discloser promptly of unauthorised access or disclosure and mitigate it. On written request, return or delete confidential material within ten business days, except legally required records and inaccessible routine backups, which remain protected.

6. Non-use, non-circumvention and solicitation

Without NEC’s prior written consent, the vendor shall not use NEC Confidential Information to submit a competing proposal for the same disclosed project, bypass NEC in dealings with a landowner/offtaker/project counterparty first introduced in writing by NEC, or induce that counterparty to terminate or divert this project from NEC. For twelve months from the effective date, project approaches to those introduced counterparties arising from NEC’s disclosure shall be coordinated through NEC. This restriction does not cover documented pre-existing relationships, independently sourced opportunities or unrelated business, and does not impose general market exclusivity.

7. Fair dealing and compliance

Neither party shall use the other’s confidential information to target project staff for recruitment or induce a breach of duty. General advertisements, unsolicited applications and lawful independent dealings are unaffected. The vendor shall disclose conflicts, comply with applicable anti-bribery, sanctions, export, safety and data-protection laws, and obtain authority to share personal data. No party may announce an award or use the other’s name/logo publicly without written consent.

8. Effect, duration and remedies

The mutual confidentiality and conduct undertaking in clauses 3-9 takes effect on NEC’s written acceptance/countersignature of the signed vendor submission, including subsequent written acceptance by its authorised representative; it then also covers earlier project disclosures. Confidentiality lasts five years from each disclosure, and trade secrets for as long as legally protected. Clause 6’s coordination period is twelve months. A party may seek lawful injunctive relief and proven recoverable loss; no automatic penalty or award is agreed.

9. Law, interpretation and limits

Malaysian law applies, with exclusive jurisdiction of the courts of Malaya. No restriction prohibits lawful trade, general competition or independently sourced work; any unlawful restraint is ineffective to that extent without enlarging any other restriction. The English text prevails on inconsistency. Written amendments require both parties’ agreement. Separate signed agreements prevail over conflicting terms here. Signature does not appoint the vendor or oblige NEC to purchase.