Supply of Petroleum Products - mu.usembassy.gov · Page 1 OPEN INTERNATIONAL BIDDING Supply of...

OPEN INTERNATIONAL BIDDING

Supply of Petroleum

Products

for the period

1 February 2020 to 31 January 2021

CPB/70/2019

3 October 2019

State Trading Corporation

55, Business Zone

Ebene Cybercity 72201

Ebene, Reduit, MAURITIUS

Tel: (230) 401 0800

Fax: (230) 489 1861

Table of Contents

A. INSTRUCTION TO BIDDERS ............................................................................................ 5

1. Introduction ................................................................................................................. 5

2. Collection of Bidding Document .................................................................................... 6

3. Submission of Bids ........................................................................................................ 6

4. Amendment of Bidding Documents .............................................................................. 7

5. Validity of Bid ............................................................................................................... 7

6. Clarifications of Bidding Documents .............................................................................. 8

7. Withdrawal, Substitution, and Modification of Bids ...................................................... 8

8. Closing date and time for receipt of bids: ...................................................................... 8

9. Opening of Bids ............................................................................................................ 9

10. Bid Security .................................................................................................................. 9

11. Bid Form ..................................................................................................................... 10

12. Documents Establishing the Qualifications of the Bidder ............................................. 10

13. Evaluation Criteria ...................................................................................................... 10

14. Clarification of Bids ..................................................................................................... 11

15. Responsiveness of Bids ............................................................................................... 11

16. Nonconformities, Errors, and Omissions ..................................................................... 11

17. Documents comprising the Bid.................................................................................... 12

18. Preliminary Examination of Bids ................................................................................. 13

19. Award of Contract ...................................................................................................... 13

20. STC’s Right .................................................................................................................. 13

21. Notification of Award ................................................................................................. 13

22. Contract Agreement ................................................................................................... 13

23. Filing of Challenge and Review .................................................................................... 14

24. Conduct of bidders and suppliers ................................................................................ 14

25. Eligible Bidders ........................................................................................................... 15

26. Eligible Goods and Related Services ............................................................................ 17

27. Confidentiality ............................................................................................................ 17

28. Confidential Information ............................................................................................ 18

B. CONDITIONS OF CONTRACT ........................................................................................ 19

1 Schedule of Requirements .......................................................................................... 19

2 Documentation........................................................................................................... 24

3 Payment ..................................................................................................................... 25

4 Risk and Title .............................................................................................................. 26

5 Quantity and Quality Determination at Loading Port ................................................... 26

6 Quantity and Quality Determination at Discharge Port ................................................ 26

7 Discharging Conditions ............................................................................................... 26

8 Performance Security ................................................................................................. 29

9 Force Majeure ............................................................................................................ 30

10 Liquidated Damages ................................................................................................... 30

11 Extension of time ........................................................................................................ 30

12 Assignment................................................................................................................. 31

13 Dispute Settlement and Enforcement ......................................................................... 31

14 Arbitration ................................................................................................................. 31

15 Termination of Agreement .......................................................................................... 32

16 Governing Law ............................................................................................................ 32

17 Fraud and Corruption ................................................................................................. 33

C. BID FORM ................................................................................................................... 34

ANNEX I .............................................................................................................................. 40

ANNEX II ............................................................................................................................. 41

ANNEX III ............................................................................................................................ 42

ANNEX IV ............................................................................................................................ 45

ANNEX V ............................................................................................................................. 46

ANNEX VI ............................................................................................................................ 47

ANNEX VII ........................................................................................................................... 48

ANNEX VIII .......................................................................................................................... 49

ANNEX IX ............................................................................................................................ 50

ANNEX X ............................................................................................................................. 51

ANNEX XI ............................................................................................................................ 52

ANNEX XII ........................................................................................................................... 54

ANNEX XIII .......................................................................................................................... 57

ANNEX XIV .......................................................................................................................... 58

ANNEX XV ........................................................................................................................... 63

ANNEX XVI .......................................................................................................................... 64

ANNEX XVII ......................................................................................................................... 66

A. INSTRUCTION TO BIDDERS

SUPPLY OF PETROLEUM PRODUCTS

FOR THE PERIOD 1 February 2020 to 31 January 2021

CPB Ref: CPB/70/2019

OPEN INTERNATIONAL BIDDING

1. Introduction

The State Trading Corporation (STC), the trading arm of the Government of Mauritius, is

responsible for the importation of essential commodities, such as petroleum products,

liquefied petroleum gas, wheat flour and rice with a turnover of about USD 850 million.

STC is inviting Bids through Open International Bidding method through the Central

Procurement Board (CPB) as authorized under section 14(2) of the Public Procurement Act

2006 for the supply of the following quantities of petroleum products with a tolerance

+/- 10% at STC’s option for the period 1 February 2020 to 31 January 2021:

Clean Petroleum Products (CPP):

a. 199,000 metric tons of Unleaded Motor Gasoline (Mogas 95 RON)

b. 230,000 metric tons of Gas Oil

c. 327,000 metric tons of Jet Aviation Fuel (Jet A1)

Additionally, STC may opt to order the following product, as and when required, together

with the above CPP:

d. 70,000 - 105,000 metric tons of Marine Gas Oil – (MGO)

Bidder will be required to quote for CPP with specifications under Option 1 or Option 2 or

both as per corresponding annexes.

Dirty Petroleum Products (DPP):

a. 46,500 metric tons of Fuel Oil 180 CST Catalytic Cracked product (HSFO 180 CC)

b. 140,000 metric tons of Fuel Oil 180 CST Straight-Run product (HSFO 180 SR)

c. 135,000 metric tons of Fuel Oil 380 CST Straight-Run product (HSFO 380 SR)

Additionally, STC may opt to order the following product, as and when required, together

with the above DPP:

d. 50,000 metric tons of Very Low Sulphur Fuel Oil 0.50% Sulphur (VLSFO) 180 CST

Bidders shall submit their bid for all four grades of Clean Petroleum Products and/or all four

grades of Dirty Petroleum Products.

2. Collection of Bidding Document

2.1. Prospective Bidders may download the bidding document from the Public Procurement

Portal http://publicprocurement.govmu.org free of charge.

2.2. The set of bidding document consists of the following:

A. Instructions to Bidders;

B. Conditions of Contract;

C. Bid Form Annexes

Clean Petroleum Products (Option 1)

Unleaded Motor Gasoline (Mogas 95 RON): Specification at Annex I

Gas Oil 50 PPM: Specification at Annex II

Jet Aviation Fuel (Jet A1): Specification at Annex III

Marine Gas Oil (Gas Oil 2500 PPM): Specification at Annex IV


Unleaded Motor Gasoline (Mogas 95 RON): Specification at Annex V

Gas Oil 10 PPM: Specification at Annex VI

Jet Aviation Fuel (Jet A1): Specification at Annex III

Marine Gas Oil (Distillate Marine Fuel Category ISO-F DMA): Specification at Annex VII

Dirty Petroleum Products

Fuel Oil 180 CST Catalytic Cracked product: Specification at Annex VIII

Fuel Oil 180 CST Straight-Run product: Specification at Annex IX

Fuel Oil 380 CST Straight-Run product: Specification at Annex X

Very Low Sulphur Fuel Oil 0.50% Sulphur (VLSFO) 180 CST: Specification at Annex XI

Additional Annexes

Annex XII - Company Profile

Annex XIII - Proforma of Performance Security

Annex XIV - Form of Agreement

Annex XV - Proforma of Bid Security

Annex XVI - Key Financial Information extracted from Audited Accounts/Financial

……..Statements

Annex XVII - Bid Submission Checklist

3. Submission of Bids

3.1. Bids in a sealed envelope marked “Supply of Petroleum Products” (Bid

Reference: CPB/70/2019) on the top left-hand corner should be addressed to

The Chief Executive

Central Procurement Board

1st Floor, Social Security House

Julius Nyerere Avenue

Rose Hill, Mauritius

and either sent by Registered Post/Courier Service or deposited in the Bid box

situated at the same address of the Central Procurement Board by closing date

Thursday 14 November 2019 up to 13.30 hrs (Mauritian time), at latest.

3.2. Bids should reach the Chief Executive, Central Procurement Board at the address

and no later than the date and time specified at Clause 3.1 above.

3.3. Bids or Bid security received after the deadline and bids or bid security received by

fax or electronic mails shall be rejected.

3.4. Bids and all related correspondence as well as supporting documents furnished by

the bidder shall be in English. Bidders shall submit one (1) Original and two (2)

copies of the bid and clearly mark ‘Original’ and ‘Copy’ as appropriate. Copies shall

be identical to the original. In the event of discrepancy between them, the original

shall prevail.

3.5. The Bid shall comprise documents as listed in the Bid Submission Checklist as at

Annex XVII.

3.6. The STC may, at its discretion, extend the deadline for the submission of bids by

amending the Bidding Documents in accordance with Clause 4 below, in which case

all rights and obligations of STC and Bidders previously subject to the deadline shall

thereafter be subject to the deadline as extended.

4. Amendment of Bidding Documents

At any time prior to the deadline for submission of bids, the STC may amend the

Bidding Documents by issuing addendum.

Any addendum issued shall be published on the Public Procurement Portal

http://publicprocurement.govmu.org. To give prospective Bidders reasonable time in

which to take an addendum into account in preparing their bids, the STC may, at its

discretion, extend the deadline for the submission of bids, pursuant to Clause 3.6.

5. Validity of Bid

The Bidder shall indicate that its bid is a firm offer and shall remain valid for one

hundred and twenty (120) days as from the bid submission deadline or up to and

including 12 March 2020 whichever is the latest.

In exceptional circumstances, prior to the expiration of the bid validity period, STC

may request bidders to extend the period of validity of their bids. The request and

the responses shall be made in writing. The Bid Security shall also be extended for a

corresponding period. A Bidder may refuse the request without forfeiting its Bid

Security. A Bidder granting the request shall not be required or permitted to modify

its bid.

6. Clarifications of Bidding Documents

Prospective Bidders requiring any clarification regarding the Bidding Document

shall submit their request in writing to the following address:

The General Manager


55, Business Zone



E-mail address: [email protected]

Tel No: (230) 401 0800

Fax Number: (230) 489 1861

Requests for clarifications should be made not later than twenty-one (21) days,

that is, 24 October 2019 prior to the closing date for the submission of bids.

Replies to clarifications will be made at latest fourteen (14) days prior to the

deadline for submission of bids.

Should the STC deem it necessary to amend the Bidding Documents as a result of a

clarification, it shall do so following the procedure under Clause 4.

7. Withdrawal, Substitution, and Modification of Bids

7.1. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by

sending a written notice, duly signed by an authorized representative, and shall

include a copy of the authorization. The corresponding substitution or modification of

the bid must accompany the respective written notice. All notices must be:

(a) clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” on the

respective envelopes and

(b) received by the CPB prior to the deadline prescribed for submission of bids, in

accordance with Clause 8.

7.2. Bids requested to be withdrawn in accordance with clause 6.1 shall be returned

unopened to the Bidders.

7.3. No bid may be withdrawn, substituted, or modified in the interval between the

deadline for submission of bids and the expiration of the period of bid validity

specified by the Bidder on the Bid Form or any extension thereof.

8. Closing date and time for receipt of bids:

The closing date and time for receipt of bids is Thursday 14 November 2019 up to

13.30 hrs (Mauritian time) at latest. Any bid received at the CPB after the deadline

for submission of bids shall be declared late, rejected, and returned unopened to the

Bidder.

9. Opening of Bids

Bids will be opened in the conference room of:

Central Procurement Board

1st Floor, Social Security House

Julius Nyerere Avenue

Rose Hill

MAURITIUS

on Thursday 14 November 2019 as from 14.00 hrs (Mauritian time) in the presence

of bidders or their representatives who wish to attend.

The Bidders or their representatives who are present shall sign a register as evidence

of their attendance.

10. Bid Security

10.1 The bidder shall submit with his offer an ORIGINAL Bid Security in accordance

with the attached Proforma - Annex XV - issued by a commercial bank registered

and operating in Mauritius in favour of the STC, for the amount of USD 500,000,

guaranteeing that the bidder shall maintain the said offer during its validity period

and shall enter into a contract, including the submission of a Performance security

within ten days of the date of notification of acceptance of the said offer.

10.2 Any bid not accompanied by an enforceable and substantially compliant Bid

Security shall be rejected as nonresponsive.

10.3 The Bid Security in ORIGINAL shall reach Chief Executive of the Central

Procurement Board by Thursday 14 November 2019 up to 13.30 hrs (Mauritian

Time) at latest.

10.4 The Bid Security shall be valid for a period of 30 days beyond the validity period of

the bid, as extended, if applicable, in accordance with Clause 5, i.e up to 11 April

2020 whichever is the latest.

10.5 The Bid Security shall be forfeited without any notice, demand or other legal process

if a bidder fails to comply with any of the following conditions contained in the Bid

Security:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the

Bidder on the Bid Form; or

(b) if a Bidder refuses to accept a correction of an error appearing on the face of

the Bid; or

(c) if the successful Bidder fails to sign the Contract or furnish a performance

security.

10.6 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible

upon the successful Bidder’s furnishing of the Performance Security.

11. Bid Form

11.1 Bids shall be made strictly in the format of, and in accordance with the Bid Form

provided at section C of the Bidding document. This Bid form must be completed

without any alterations, interlineations or erasures to its format, and no substitutes

shall be accepted.

11.2 Bids shall be signed by a person or persons duly authorised and with enclosed

authority to bind the company. Bidders are required to submit a document (together

with their bid) indicating that the person or persons signing the bid is/are duly

authorised to bind the bidder.

11.3 Bid form shall be rejected in case prices are unclear or ambiguous.

12. Documents Establishing the Qualifications of the Bidder

12.1. The Bidder shall submit the following documents with his offer:

(i) a Company Profile in accordance with Proforma at Annex XII;

(ii) the Key Financial Information extracted from Audited Accounts/ Financial

Statements as at Annex XVI;

(iii) the last three years Audited Financial Statements (2016, 2017 and 2018); In

case Audited Financial Statements for 2018 is not available, provide for

2015, 2016 & 2017)

(iv) information regarding any litigation, current and during the last five years, in

which the Bidder is involved, the parties concerned, and disputed amount, if

any;

(v) list of contracts that have been terminated prior to their expiry dates in the

last three years and reasons for such occurrences, if any.

A consistent history of litigation or arbitration awards against the Bidder may result

in disqualification.

12.2. Any information submitted under paragraph 12.1 (iv) & (v) by a Bidder which after

the award of the contract is found to be false and misleading may lead to the STC

taking appropriate action, including but not limited to, termination of the contract.

13. Evaluation Criteria

The following guidelines shall be considered in determining the best-evaluated bid:

(1) Financial Soundness of the Bidder;

(2) Past experience of the Bidder in the exportation of Petroleum Products.

The bidder must have at least 3 Years of experience in the export of Petroleum

Products.

(3) Capability of Bidder to deliver Petroleum Products to the STC;

The Bidder for CPP must have exported about 2 million metric tons of CPP on

a yearly basis during the last three years.

The Bidder for DPP must have exported about 500,000 metric tons of DPP on

a yearly basis during the last three years.

(4) Premium Quoted in the Bid Form:

(i) For CPP:

Option 1- Item 1 (a), (b), (c)

Option 2- Item 1 (a), (b), (c)

(ii) For DPP: Item 2 (a), (b), (c).

14. Clarification of Bids

To assist in the examination, evaluation, comparison and post-qualification of the

bids, the CPB through STC may, at its discretion, ask any Bidder for a clarification

of its Bid. The request for clarification and the response shall be in writing.

No change in the prices or substance of the Bid shall be sought, offered, or

permitted, except to confirm the correction of arithmetic errors discovered by the

Bid Evaluation Committee (BEC) in the Evaluation of the bids, in accordance with

Clause 16.

15. Responsiveness of Bids

Bids shall be responsive to all mandatory requirements of the Bidding document

without material deviation, reservation or omission.

A substantially responsive Bid is one that conforms to all the terms, conditions, and

specifications of the Bidding Documents without material deviation, reservation, or

omission. A material deviation, reservation, or omission is one that:

a) affects in a substantial way the scope, quality, or performance of the Goods and

Related Services specified in the Contract; or

b) limits in a substantial way, inconsistent with the Bidding Documents, the STC’s

rights or the Bidder’s obligations under the Contract; or

c) if rectified, would unfairly affect the competitive position of other bidders presenting

substantially responsive bids.

If a bid is not substantially responsive to the Bidding Documents, it shall be rejected

and may not subsequently be made responsive by the Bidder by correction of the

material deviation, reservation, or omission.

16. Nonconformities, Errors, and Omissions

16.1. Provided that a Bid is substantially responsive, any nonconformities or omissions in

the Bid that do not constitute a material deviation may be waived.

16.2. Provided that a bid is substantially responsive, the Bidder may be requested to

submit the necessary information or documentation, within a reasonable period of

time, or to rectify nonmaterial nonconformities or omissions in the bid relating to

documentation requirements. Such omission shall not be related to any aspect of the

price of the Bid. Failure of the Bidder to comply with the request may result in the

rejection of its Bid.

16.3. Provided that the Bid is substantially responsive, arithmetical errors shall be

corrected on the following basis:

a) if there is a discrepancy between the unit price and the line item total that is obtained

by multiplying the unit price by the quantity, the unit price shall prevail and the line

item total shall be corrected, unless there is an obvious misplacement of the decimal

point in the unit price, in which case the line item total as quoted shall govern and

the unit price shall be corrected;

b) if there is an error in a total corresponding to the addition or subtraction of subtotals,

the subtotals shall prevail and the total shall be corrected; and

c) if there is a discrepancy between words and figures, the amount in words shall

prevail, unless the amount expressed in words is related to an arithmetic error, in

which case the amount in figures shall prevail subject to (a) and (b) above.

17. Documents comprising the Bid

The Bid shall comprise the following:

a) the Bid Form;

b) the Bid Security;

c) written confirmation authorizing the signatory of the Bid to commit the Bidder;

This authorization shall consist of written confirmation and shall be attached to the

bid. It may include a delegation of power by resolution of the Board of a company or

from the CEO, himself holding power from the Board or from the CEO himself

holding power from the Board through a Power of Attorney.

The name and position held by each person signing the authorization must be typed

or printed below the signature.

In the case of Bids submitted by an existing or intended JV an undertaking signed by

all parties (i) stating that all parties shall be jointly and severally liable, if so required

in accordance with clause 25.3, and (ii) nominating a Representative who shall have

the authority to conduct all business for and on behalf of any and all the parties of the

JV during the bidding process and, in the event the JV is awarded the Contract,

during contract execution.”

Note: The power of Attorney or other written authorization to sign may be for a determined period or

limited to a specific purpose.

d) documentary evidence in accordance with clause 12 establishing the Bidder’s

qualification to perform the contract if its bid is accepted to bid.

18. Preliminary Examination of Bids

The BEC shall examine the bids to confirm that all documents duly filled and

technical documentation mentioned in the Bid Schedule Checklist have been

provided, and to determine the completeness of each document submitted.

19. Award of Contract

The STC shall award the Contract to the Bidder(s) whose offer has been determined

to be the lowest evaluated bid and is substantially responsive to the Bidding

Documents, provided further that the Bidder(s) is determined to be qualified to

perform the Contract satisfactorily.

20. STC’s Right

The STC reserves the right:

a) to split the contract between CPP and DPP; and

b) to accept or reject any bid or to cancel the bidding process and reject all bids at

any time prior to award of contract.

21. Notification of Award

The STC shall, for contract amount above the prescribed threshold as per the Public

Procurement Act (PPA), notify the selected bidder of the proposed award and

accordingly notify unsuccessful bidders. Subject to Challenge and Appeal the STC shall

notify the selected Bidder, in writing, by a Letter of Acceptance for award of contract.

Within seven (7) days of the award of contract, the STC shall publish on the Public

Procurement Portal (http://publicprocurement.govmu.org) and the STC’s website,

the name and address of the successful Bidder, the contract price and the duration of the

contract awarded.

22. Contract Agreement

Unless and until a formal Agreement as per Annex XIV is prepared and executed,

the terms and conditions of the bidding document as agreed together with its written

acceptance thereof by the selected bidder shall constitute a binding contract between

the selected Bidder and the STC and shall be deemed to all intents and purposes to

constitute the contract Agreement. The violation of any condition in any manner

whatsoever may lead to the termination of the Agreement.

http://publicprocurement.gov.mu/

23. Filing of Challenge and Review

The public entities related to this bidding documents are the STC, acting as

procurement entity, the Central Procurement Board in charge of vetting Bidding

document, receiving and evaluating bids in respect of major contracts and the

Independent Review Panel, set up under the Public Procurement Act 2006

(hereinafter referred to as the Act.)

Sections 43, 44 and 45 of the PPA provide for challenge and review mechanism.

Unsatisfied bidders shall follow procedures prescribed in Regulations 48, 49 and 50

of the Public Procurement Regulations 2008 to challenge procurement proceedings

and award of procurement contracts or to file application for review at the

Independent Review Panel. A copy of the PPA and procurement regulations are

available in the website of the Ministry of Finance and Economic Development

under the PPO, http://mof.gov.mu and http://publicprocurement.govmu.org

Challenges shall be forwarded to the following address:

The General Manager


55, Business Zone



Tel No: (230) 401 0800

Fax Number: (230) 489 1861

Email: [email protected]

Applications for Review shall be forwarded to the following address:

The Chairman

Independent Review Panel,

9th Floor, Wing B

Emmanuel Anquetil Building

Pope Hennessy Street

Port Louis

Tel : (230) 2013921

Fax : (230) 2013920

24. Conduct of bidders and suppliers

24.1. A bidder or a supplier shall not engage in or abet any corrupt or fraudulent practice,

including the offering or giving, directly or indirectly of improper inducements, in

order to influence a procurement process or the execution of a contract, including

interference in the ability of competing bidders to participate in procurement

proceedings.

24.2. A bidder or a supplier shall not engage in any coercive practice threatening to harm,

directly or indirectly, any person or his property to influence his participation in a

procurement process or affect the execution of a contract.

http://mof.gov.mu/

http://publicprocurement.govmu.org/

24.3. A bidder shall not engage in collusion, before or after a bid submission, designed to

allocate procurement contracts among bidders, establish bid prices at artificial non-

competitive levels or otherwise deprive the Corporation of the benefit of free and

open competition.

24.4. If the bidder offers, gives or agrees to give an inducement referred to in subsection

24.1, the bid shall be rejected and the bidder concerned shall be promptly notified of

the rejection of the bid.

25. Eligible Bidders

25.1. Subject to Clause 25.2, a Bidder, and all parties constituting the Bidder, may have

the nationality of any country. A Bidder shall be deemed to have the nationality of a

country if the Bidder is a citizen or is constituted, incorporated, or registered and

operates in conformity with the provisions of the laws of that country. This criterion

shall also apply to the determination of the nationality of proposed subcontractors or

suppliers for any part of the Contract including Related Services.

25.2. A Bidder shall be excluded if by an act of compliance with a decision of the United

Nations Security Council taken under Chapter VII of the Charter of the United

Nations, Mauritius prohibits any import of goods or contracting of Works or services

from a country where it is based or any payment to persons or entities in that

country. A bidder shall also be excluded in case any dealing with that bidder would

expose Mauritius to any sanction, prohibition or restriction under United Nations

resolutions or the trade or economic sanctions, laws or regulations of the European

Union, United Kingdom or United States of America.

25.3. A Bidder may be a private entity or government-owned entity or any combination of

such entities supported by a letter of intent to enter into an agreement or is under an

existing agreement in the form of a Joint Venture or Association (JVA). In the case

of a Joint Venture or Association:

(a) unless otherwise specified in the bidding documents, all partners shall be

jointly and severally liable and

(b) the JVA shall nominate a representative who shall have the authority to

conduct all business for and on behalf of any and all the partners of the JVA

during the bidding process and, in the event the JVA is awarded the contract,

during contract execution.

25.4. Bidders may be required to submit signed statements certifying eligibility, in the

absence of other documentary evidence establishing eligibility.

Eligibility requirements may concern:

(a) business registration, for which evidence may include the certificate of

company registration;

(b) tax status, for which documentation of tax registration and tax clearance are

particularly relevant;

(c) certification by the bidder of the absence of a debarment order and absence

of conflict of interest; and

(d) certification of status regarding conviction for any offence involving fraud,

corruption or dishonesty.

25.5. Bidders shall be allowed to participate in procurement proceedings without regard to

their nationality subject to paragraph 25.2.

(a) With a view to facilitating participation by bidders, the submission of

equivalent documentation when particular documents required by the bidding

documents are not available or issued, for example, in a foreign bidder’s

country of origin, shall be accepted.

(b) Certifications from bidders attesting to compliance with eligibility

requirements may also be accepted.

25.6. A bidder shall not have a conflict of interest. All bidders found to have a conflict of

interest shall be disqualified. Bidders may be considered to have a conflict of

interest with one or more parties in this bidding process, if they:

(a) have controlling partners in common; or

(b) receive or have received any direct or indirect subsidy from any of them; or

(c) have the same legal representative for purposes of this bid; or

(d) have a relationship with each other, directly or through common third parties,

that puts them in a position to have access to information about or influence

on the bid of another bidder; or

(e) participated as a consultant in the preparation of the bidding document or

technical specifications of goods that are the subject of the bid.

25.7. Groups of bidders may submit bids or put themselves forward as candidates, either

individually or as partner in a joint venture. However, a bidder may only submit or

participate in one bid.

25.8. Participation by a bidder in more than one bid will result in disqualification of all

bids in which the party is involved.

25.9. While submitting any bid, the firm, company or institution, shall specify whether or

not any agent has been appointed in Mauritius, and if so:

a. the name and address of the agent;

b. the figure of the commission amount payable to the agent, type of currency

and mode of payment;

c. any other condition agreed with the agent; and income tax registration

certificate of the local agent and acceptance letter of the agent.

If a bid submitted stated that there is no local agent, and if it is proved thereafter that

there exists an agent or if a bid has stated an amount for a commission and it is

proven that there exists a higher amount for that commission, the STC may take

appropriate action, including but not limited to, termination of the contract.

25.10. (a) A Bidder that is under a declaration of ineligibility by the Government of

Mauritius in accordance with applicable laws at the date of the deadline for bid

submission or thereafter, shall be disqualified.

(b) Bids from suppliers appearing on the ineligibility lists of African Development

Bank, Asian Development Bank, European Bank for Reconstruction and

Development, Inter-American Development Bank Group and World Bank Group

shall be rejected.

Links for checking the ineligibility lists are available on the PPO’s website:

ppo.govmu.org and http://publicprocurement.govmu.org

25.11. In case of serious default in the performance of previous contract/s with the STC, the

bidder may not be eligible for the award of this contract.

26. Eligible Goods and Related Services

26.1 All the Goods and Related Services to be supplied under the Contract may have their

origin in any country subject to clause 25.2 and 25.10.

26.2 For purposes of this Clause, the term “goods” includes commodities, raw material,

machinery, equipment, industrial plants and “related services” which include services

such as insurance.

26.3 The term “origin” means the country where the goods have been mined, grown,

cultivated, produced, manufactured or processed; or, through manufacture, processing, or

assembly, another commercially recognized article results that differs substantially in its

basic characteristics from its components.

27. Confidentiality

27.1. Information relating to the examination, evaluation, comparison, and post-qualification of

bids, and recommendation of contract award, shall not be disclosed to bidders or any other

persons not officially concerned with such process until publication of the Contract

Award.

27.2. Any effort by a Bidder to influence any party in the examination, evaluation, comparison,

and post-qualification of the bids or contract award decisions may result in the rejection of

its Bid.

27.3. Notwithstanding Clause 27.2, from the time of bid opening to the time of Contract Award,

if any Bidder wishes to contact the CPB/STC on any matter related to the bidding process,

it should do so in writing.

http://publicprocurement.govmu.org/

28. Confidential Information

28.1. The STC and the Supplier shall keep confidential and shall not, without the written

consent of the other party hereto, divulge to any third party any documents, data, or

other information furnished directly or indirectly by the other party hereto in

connection with the Contract, whether such information has been furnished prior to,

during or following completion or termination of the Contract.

28.2. The STC shall not use such documents, data, and other information received from the

Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not

use such documents, data, and other information received from the STC for any

purpose other than the performance of the Contract.

28.3 The obligation of a party under Clauses 28.1 and 28.2 above, however, shall not apply

to information that:

(a) the STC or Supplier need to share with institutions participating in the financing

of the Contract;

(b) now or hereafter enters the public domain through no fault of that party;

(c) can be proven to have been possessed by that party at the time of disclosure and

which was not previously obtained, directly or indirectly, from the other party; or

(d) otherwise lawfully becomes available to that party from a third party that has no

obligation of confidentiality.

28.4. The above provisions of Clause 28 shall not in any way modify any undertaking of

confidentiality given by either of the parties hereto prior to the date of the Contract in

respect of the Supply or any part thereof.

28.5. The provisions of Clause 28 shall survive completion or termination, for whatever

reason, of the Contract.

B. CONDITIONS OF CONTRACT

1 Schedule of Requirements

The following products are required by the STC and the period of supply shall be 1

February 2020 to 31 January 2021.

STC may opt to extend the contract (s) by a further two months on the same terms

and conditions. The quantities of products to be supplied for the additional two

months would be mutually agreed.

1.1. Products

1.1.1. Clean Petroleum Products

The Supplier will be required to supply CPP as per specifications under:

Either Option 1:

a) Unleaded Motor Gasoline (Mogas 95 RON) conforming to specifications at

Annex I;

b) Gas Oil conforming to specifications at Annex II;

c) Jet Aviation Fuel (Jet A1) conforming to specifications at Annex III;

d) Marine Gas Oil (MGO) conforming to specifications at Annex IV;

Or Option 2:

a) Unleaded Motor Gasoline (Mogas 95 RON) conforming to specifications at

Annex V;

b) Gas Oil conforming to specifications at Annex VI;

c) Jet Aviation Fuel (Jet A1) conforming to specifications at Annex III;

d) Marine Gas Oil (MGO) conforming to specifications at Annex VII;

1.1.2. Dirty Petroleum Products

a) Fuel Oil 180 CST Catalytic Cracked product (HSFO 180 CC) conforming to

specifications at Annex VIII;

b) Fuel Oil 180 CST Straight-Run product (HSFO 180 SR) conforming to

specifications at Annex IX;

c) Fuel Oil 380 CST Straight-Run product (HSFO 380 SR) conforming to

specifications at Annex X;

d) Very Low Sulphur Fuel Oil 0.50% Sulphur (VLSFO) 180 CST conforming to

specifications at Annex XI.

1.2. Quantity

The Bid for the supply of petroleum products shall be as follows:

1.2.1 Clean Petroleum Products

(a) 199,000 metric tons +/- 10% at STC’s option of Mogas 95 RON

(b) 230,000 metric tons +/- 10% at STC’s option of Gas Oil

(c) 327,000 metric tons +/- 10% at STC’s option of Jet A1

(d) Additionally, STC may opt to order the following product, as and when required,

together with the above:

70,000 – 105,000 metric tons +/- 10% at STC’s option of MGO

Note: Bidder shall quote for the above four CPP. Procurement of MGO

by STC will be based on its competitiveness. However, the premium

quoted for MGO will not form part of the evaluation exercise.

1.2.2 Dirty Petroleum Products

(a) 46,500 metric tons +/- 10% at STC’s option of HSFO 180 CC

(b) 140,000 metric tons+/- 10% at STC’s option of HSFO 180 SR

(c) 135,000 metric tons +/- 10% at STC’s option of HSFO 380 SR

(d) Additionally, STC may opt to order the following product, as and when required,

together with the above:

50,000 metric tons +/- 10% at STC’s option of Very Low Sulphur Fuel Oil 0.50%

Sulphur (VLSFO) 180 CST

Note: Bidder shall quote for the above four DPP. Procurement of VLSFO

by STC will be based on its competitiveness. However, the premium

quoted for VLSFO will not form part of the evaluation exercise.

1.2.3 STC reserves the right to increase or decrease the quantities in response to

changes in the level of demand of the products in Mauritius.

1.3. Delivery Terms

Bidders shall be required to submit their offer on Delivery At Place (DAP), Port

Louis, Mauritius basis.

1.4. Delivery/Parcel Sizes

(a) Commencement of deliveries of contracted quantities for all products at discharge

port would be as from 1 February 2020. However, supplier/s may be required to

supply the first shipment in January 2020. Arrival of shipments in Port Louis shall

be scheduled throughout the contract period strictly in accordance with STC's

requirements. Cargo size and composition for any consignment shall be determined

by the STC. The Supplier will be allowed an operational tolerance of plus or minus

5% for each cargo.

(b) Laycan

The STC will provide a tentative discharge laycan and quantity requirement 30

calendar days prior to first day of discharge laycan. The STC shall provide to the

Supplier the firm quantity 24 calendar days in advance prior to the first day of the

discharge laycan and agree on the three days delivery laycan which shall be

binding on both parties.

In the event that Supplier’s vessel does not arrive at the discharge port within the

agreed laycan, all the time lost for awaiting berth availability and/or the expenses

incurred for the shifting of any other vessel occupying the berth together with any

demurrage incurred to the other vessel to accommodate the Supplier’s vessel shall be

borne by the Supplier.

The carrier vessel shall be subject to International vetting system by Oil Majors

(Total/Shell).

(c) Cargoes of CPP shall be in lots of 40,000 metric tons +/- 5 % at STC’s option. The

normal segregations of CPP shall be in lots of:

(i) Mogas 95 RON : 9,000 to 12,000 metric tons;

(ii) Gas Oil :10,000 to 14,000 metric tons;

(iii) Jet A1 :16,000 to 22,000 metric tons;

(iv) MGO : 4,000 to 9,000 metric tons.

(d) Cargoes of DPP shall be in lots of 30,000 metric tons +/- 5 % at STC’s option. The

normal segregations of cargoes of DPP shall be in lots of:

(i) HSFO 180 CC: 3,000 to 6,000 metric tons;

(ii) HSFO 180 SR: 8,000 to 15,000 metric tons;

(iii) HSFO 380 SR: 10,000 to 15,000 metric tons.

(iv) VLSFO 180 CST: parcel size to be mutually agreed between STC and

Supplier during the execution of the contract

(e) The nominated vessel must have the flexibility to load products as per the

requirements of STC. However, vessel may be required to increase or decrease

parcels of individual product in response to changes in the level of demand of each

product in Mauritius.

(f) All CPP shall be shipped separately from DPP. The co-freighting of CPP with DPP

shall NOT be permitted.

(g) Cargoes of CPP and DPP shall be shipped in double hull vessels only.

(h) CPP shall be loaded in vessels with double-valve segregation between grades.

1.5. Schedule of Prices

a) Bidders shall quote a premium for CPP either under Option 1 or Option 2 or

both and a premium for DPP, covering all expenses for Delivery at Place

(DAP) Port Louis, Mauritius, Basis, as hereunder:

S.N Product Unit

a) Mogas 95 RON USD/metric Ton

b) Gas Oil USD/US Barrel

c) Jet A1 USD/US Barrel

d) MGO USD/US Barrel

e) HSFO 180 CC USD/metric Ton

f) HSFO 180 SR USD/metric Ton

g) HSFO 380 SR USD/metric Ton

h) VLSFO 180 CST USD/metric Ton

b) The premium for DAP Basis shall be inclusive of all costs (port costs, quay/

pipeline dues, piracy, deviation, bunkers, tank cleaning and preparation,

security team fee /armed guards if necessary, AWRP, K&R, Crew War

Bonus and Insurance including contamination risk, thereon).

c) The premiums shall remain fixed for the entire duration of the contract.

d) The prices Delivery at Place, Port Louis shall be based on the “Reference

Prices” as defined at 1.5(e) below, added to the premium quoted by the

bidder.

e) Reference Prices shall be defined as follows:

(i) Unleaded Motor Gasoline (Mogas 95 RON) Mean of quotations for ‘Premium Gasoline 10 PPM’, as published in

Platt’s Oilgram European Marketscan (POEM), under the heading

‘Mediterranean Cargoes’ for 'FOB Med (Italy)' averaged over the five

days around the date of Bill of Lading (B/L) as defined below,

including any published corrections.

(ii) If Gas Oil 50 PPM Mean of quotations for ‘Gasoil 50 PPM’, as published in Asia Pacific

Arab Gulf(APAG), under the heading ‘Middle East Physical Oil

Assessments” for “FOB Arab Gulf' averaged over the five days

around the date of B/L as defined below, including any published

corrections.

If Gas Oil 10 PPM Mean of quotations for ‘Gasoil 10 PPM’, as published in Asia Pacific

Arab Gulf(APAG), under the heading ‘Middle East Physical Oil

Assessments” for “FOB Arab Gulf' averaged over the five days

around the date of B/L as defined below, including any published

corrections.

(iii) Jet Aviation Fuel (Jet A1) Mean of quotations for ‘Kerosene’, as published in APAG, under the

heading ‘Middle East Physical Oil Assessments” for “FOB Arab

Gulf' averaged over the five days around the date of B/L as defined

below, including any published corrections.

(iv) Marine Gas Oil Mean of quotations for ‘Gasoil 0.25% Sulphur’, as published in

APAG, under the heading ‘Middle East Physical Oil Assessments”

for “FOB Arab Gulf' averaged over the five days around the date of

B/L as defined below, including any published corrections.

(v) HSFO 180 CC

Mean of quotations for Platt’s ‘HSFO 180 CST’ as published in


for “FOB Arab Gulf’ averaged over the five days around the date of

B/L as defined below, including any published corrections

(vi) HSFO 180 SR

Mean of quotations for Platt’s ‘HSFO 180 CST’ as published in




(vii) HSFO 380 SR Mean of quotations for Platt’s ‘HSFO 380 CST’ as published in




(viii) VLSFO 180 CST Mean of quotations for Platt’s ‘HSFO 180 CST’ as published in




f) The pricing period for the above products shall be averaged over 5 days

around the date of Bill of Lading, further defined as follows:

Two (2) consecutive published quotations immediately prior to B/L date, the

published quotation on the B/L date and two (2) consecutive published

quotations immediately after the B/L date, including any published

corrections, plus the premiums quoted by the bidder (2-1-2).

If there is no Platts published quotation on a particular Bill of Lading date,

then the three (3) consecutive published quotations immediately prior to the

B/L date and the two (2) consecutive published quotations immediately after

B/L date shall apply for the above average (3-0-2).

g) If Platts' Oilgram Price Report ceases to publish prices under price headings

referred to above, then STC or Supplier shall notify the other party and they

shall meet within fifteen (15) days of such notification to agree on such

adjustment to the pricing formula described above, as may be appropriate.

The parties shall make every reasonable effort to agree on a new pricing

basis. However, if agreement is not reached within forty-five (45) days from

the said notification, the contract between STC and Supplier shall terminate

forthwith except that such termination shall not affect cargoes the loading of

which commenced prior thereto. Such cargoes shall be invoiced at the price

last determinable in accordance with the foregoing provisions.

h) In accordance with standard oil industry practice, price calculations shall be

adjusted to the nearest hundredth of a US cent per metric Ton or US cent per

US Barrel (as applicable) by rounding off 0.005 and above as 0.01 and

ignoring figures below 0.005.

2 Documentation

a) As soon as possible after loading, Supplier shall provide to the STC the

following documents:

(i) Commercial Invoice

(ii) All ORIGINAL Bills of Lading

(iii) Non-negotiable copies of Bill of Lading (as requested)

(iv) Certificate of Quality/Quantity/Origin

(v) Certificate of Insurance

(vi) Cargo Manifest

(vii) Time Sheet

(viii) Ullage Report

(ix) Master’s receipt of Documents

(x) Independent Inspector’s Report

(xi) Bunker Survey

(xii) Vessel’s Tank History Report

(xiii) Vessel’s Experience Factor

(xiv) Release Certificate of cargoes

(xv) Refinery Certificate of quality together with Certificate of Analysis

from Independent Inspectors at loading port.

b) The Supplier shall endeavour to provide such other documents as the STC

may reasonably request in good time before loading.

c) The Supplier shall provide a copy of Bill of lading, Certificate of Quality and

Quantity 5 days before arrival of tanker at port of discharge.

3 Payment

Payment shall be made 30 calendar days from Bill of Lading date (Bill of Lading

date = day 0). If payment falls on a non-banking day (Mauritius and USA), the next

banking day shall be deemed to be the payment day.

Mode of payment shall be on Open Account Basis.

Alternatively, a Standby Letter of Credit (SBLC) can be provided, at the request of

the Supplier provided that the SBLC charges, inclusive of confirmation charges, if

any, shall be borne by the Supplier. Bidders shall specify the format of the SBLC

which will be opened by a bank licensed with the Bank of Mauritius. The SBLC will

lapse after the last payment to the supplier under each SBLC. Such SBLC will be

furnished fifteen (15) days before commencement of the first day of discharge

laycan.

(i) Based on survey report at discharge port, the settlement of the DAP value per

consignment will be as follows:

If the difference between the B/L quantity and the shore discharged quantity is within

0.5% on a product-wise basis, then payment to supplier shall be based on the B/L

quantity.

If the shore discharged quantity exceeds the B/L quantity by more than 0.5% on a

product-wise basis, then payment to supplier shall be based on the B/L quantity.

If the shore discharged quantity is lower than the B/L quantity by more than 0.5% on a

product-wise basis, then payment to supplier shall be based on the shore discharged

quantity plus 0.5% of the B/L quantity on a product-wise basis. Any loss above 0.5%

shall be on account of the supplier.

(ii) In the event that the Bill of Lading Date is more than 21 days prior to Notice of

Readiness for discharge being given, STC has the right to elect for the Bill of Lading

Date to be deemed to be 21 days before the Notice of Readiness day (counted as day

zero) both for the purpose of determining the price and for the purpose of

determining the day for payment as described in Clause 3(i) above.

4 Risk and Title

Notwithstanding any other provisions of this Agreement, title and risk shall pass

from Supplier to STC as the product passes the vessel’s permanent hose connections

at the discharge port and is delivered in Port Louis. The product shall be consigned

to the STC.

5 Quantity and Quality Determination at Loading Port

The determination of quantity and quality for CPP and DPP delivered shall be made

in accordance with international accepted practice at the loading port by an

independent internationally recognized surveyor, who shall prepare and sign

certificates as to the quantity and quality of products delivered by Supplier. The

Supplier shall bear the inspection costs at loading port.

6 Quantity and Quality Determination at Discharge Port

Quantity Determination

STC shall appoint an independent internationally recognized surveyor to determine

the quantity received in shore tanks at discharge port. In case of discrepancies above

half a percent (0.5%) on a product-wise basis between quantities found at loading

and discharge ports, then any loss above 0.5% will be to supplier’s account. For

discrepancies below half a percent (0.5%), the quantities determined at loading port

shall be final.

Quality Determination

The STC shall appoint an independent internationally recognized surveyor who will

collect samples of petroleum products on board vessels prior to discharge for testing

purposes.

In case of differences in the quality of the products between samples taken at loading

and discharge ports, the quality determined at discharge port on board the vessel

shall be deemed final and binding on both parties. STC shall bear the survey

costs at discharge port.

7 Discharging Conditions

(a) When the vessel has arrived at the Port of discharge (or as near thereto as she can

safely get) and is ready to discharge, a NOR shall be tendered to STC or its

representative, as the case may be, by the Master.

For DPP, NOR may be tendered any time between 06.00 hours and 18.00 hours,

with or without free pratique having been granted, berth or no berth. If vessel

arrives after 18.00 hours NOR shall be tendered the next day at 06.00 hours.

However, if vessel arrives after 18.00 hours and Port Authorities are agreeable to

have the vessel berthed immediately, NOR can be tendered on berthing of the

vessel. No such restriction is applicable to CPP tankers.

(b) STC shall be allowed 82 hours of laytime for discharging a cargo of 40,000

metric tons of CPP, or pro-rata for smaller or larger quantities.

STC shall be allowed 74 hours of laytime for discharging a cargo of 30,000

metric tons of DPP, or pro-rata for smaller or larger quantities.

The maximum receiving capacity is 800 metric tons per hour and maximum

permitted shore pressure is 100 psi. Vessels are expected to discharge at a

minimum average rate of 500 metric tons per hour.

If vessels are unable to pump products at this minimum average rate, laytime

shall be extended proportionately.

The discharging flexible hoses for CPP and Fuel Oil (180 CST) are 8 inches in

diameter which connect to 10 inches diameter of shore pipelines all through to

the terminal. The distances of tank farms from the berths varies between 500 m

to 2.5 km.

Fuel Oil 380 CST will be pumped after adequate preheating to storage tanks

situated some 800 metres from the berthing quay through a Fuel Oil Pipeline of

400 mm (16 inches) nominal diameter and at a rate of about 1000 cubic

metres/hour. The marine vessel should be adequately equipped for the handling

of a 300 mm (12 inches) nominal diameter flexible piping in three sections and

about 30 m overall length for the connection from the ship to the Fixed Flange of

Fuel Oil Pipeline. All the handling procedures of the supply accessories will be

under the responsibility of the Supplier who will have therefore to ascertain the

smooth transfer of the product to shore reservoirs.

(c) Laytime shall start to count:

1. In case of the vessel having tendered NOR within three days either side of the

confirmed ETA, 6 hours after NOR is tendered, even if notice time is used.

2. In case of the vessel arriving outside the range of three days either side of the

confirmed ETA, upon commencement of discharge or 6 hours after NOR,

whichever is later.

(d) No time shall count against laytime or, if the vessel is on demurrage as time on

demurrage, when spent or lost:

1. Due to breakdown, inefficiency or other cause attributable to the vessel

and/or owners/suppliers;

2. As a result of stoppage by strike or restraint of labour of master, officers or

crew of the vessel;

3. In handling slops, ballast or bunkering.

(e) If regulations of port authorities or the carrier prohibit discharge of the cargo at

night or because of weather and sea conditions, time so lost shall not count as

used laytime or time on demurrage.

(f) CPP are discharged on one quay. CPP are normally discharged at New Oil Jetty

with the following berth details:

New Oil Jetty:

Berth/jetty length - 270 metres

Minimum DWT - 5,000 DWT

Maximum DWT - 64,000 DWT

Maximum permissible draft - 14.0 metres

Permissible LOA - 230 metres

In exceptional cases, CPP are required to berth at Quay 1. The berth details are

as follows:

Quay 1:





Remark: Vessel will overhang on both extremes of quay

(g) DPP are discharged on three quays and vessel may be shifted up to two times.

All shifting costs are for Supplier’s account.

DPP are discharged at Bulk Sugar Terminal (BST), Quay D and Quay 1 with the

following berth details:

BST:






Quay D:





Remark: Vessel may overhang by some 20 metres. Quay A/D is a combined

quay (388 metres long).

Quay 1:






(h) For all time used in excess of allowed laytime, demurrage shall be paid per

running hour or pro-rata part thereof by STC to Supplier at the rate quoted by the

Supplier and shall not exceed USD 20,000 PDPR.

(i) Dues and other charges on the vessel at discharge port, whether or not based on

the quantity of oil discharged, shall be borne by Supplier. Any taxes on freight

and any dues, charges or taxes on the vessel, whether measured against freight or

otherwise and whether incurred at loading or discharge port, shall be for the

Supplier's account. Any charges for the use of any wharf, dock, place of

mooring facility to discharge oil shall be for the Supplier's account.

(j) Vessels to use the following Agent at discharge port.

Mauritius Shipping Corporation Ltd. 1st Floor, Capitainerie Building,

Quay D, Port-Louis, Mauritius.

Tel: (230) 217-2285 E-Mail: [email protected]

Fax:(230) 242-5245, (230) 216-9760

8 Performance Security

8.1. STC requires the selected bidder to make available to STC a Performance

Security guaranteeing full and complete performance by Supplier of the terms

and conditions of the Agreement.

The Performance Security shall be in accordance with the attached proforma -

Annex XIII - issued by an acceptable commercial bank registered and

operating in Mauritius in favour of STC, for a value of

USD 10 million (10,000,000) for CPP; and

USD 5 million (5,000,000) for DPP.

8.2. The Performance Security shall be subscribed and submitted to STC within ten

(10) days after notification of acceptance of his tender to the successful bidder

and shall remain valid until two full months after the expiry date of the last date

of the delivery month stipulated in the Agreement. Failure to submit the Bank

Guarantee within the prescribed delay may entail cancellation of STC’s

acceptance of the Bid.

8.3. STC shall drawdown the corresponding amount on the Performance Security in

the event any cost is being incurred during the course of the contract further to:

(a) the Supplier’s vessel not reaching discharge port within the agreed laycan as

per clause 1.4 (b) and resulting in STC having recourse to alternative

measures to avoid disruption of stocks

(b) difference in the quality of product provided to STC (cf: Clause 6) by the

Supplier leading to freezing of stocks.

8.4. The Supplier shall restore within (20) twenty days’ the initial Performance

Security of USD 10 million for CPP and USD 5 million for DPP in the event a

drawdown is effected by the STC.

9 Force Majeure

(a) The Supplier shall not be liable for forfeiture of its Performance Security,

liquidated damages, or termination for default if and to the extent that its delay in

performance or other failure to perform its obligations under the Contract is the

result of an event of Force Majeure.

(b) For purposes of this Clause, “Force Majeure” means an event or situation

beyond the control of the Supplier that is not foreseeable, is unavoidable, and its

origin is not due to negligence or lack of care on the part of the Supplier. Such

events may include, but not be limited to, acts of the STC in its sovereign

capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions,

and freight embargoes.

(c) If a Force Majeure situation arises, the Supplier shall promptly notify the STC in

writing of such condition and the cause thereof. Unless otherwise directed by the

STC in writing, the Supplier shall continue to perform its obligations under the

Contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the Force Majeure event.

(d) Force Majeure, shall not include any event which would give rise to an increase in

the premium. Such premium shall remain fixed for the entire period of supply.

10 Liquidated Damages

If the Supplier fails to deliver any consignment pursuant to clauses 1.3 and 1.4 of the

Conditions of Contract, the STC may without prejudice to all its other remedies

under the Contract deduct from the Contract Price, as liquidated damages, a sum

equivalent 0.5 % of the DAP price of the delayed consignment for each week or part

thereof of delay until actual delivery, up to a maximum deduction of 2 %. Once the

maximum is reached, the STC may terminate the Contract pursuant to conditions of

contract, Clause 15 Section B of the document. The liquidated damage shall be the

differential between the Contractual Price and the Replacement Price.

11 Extension of time

11.1. If at any time during performance of the Contract, the Supplier or its

subcontractors should encounter conditions impeding timely delivery of the

product pursuant to Clauses 1.4 and 4 of the Conditions of Contract or in case

of Force Majeure, the Supplier shall promptly notify the STC in writing of the

delay, its likely duration, and its cause. As soon as practicable after receipt of

the Supplier’s notice, the STC shall evaluate the situation and may at its

discretion extend the Supplier’s time for performance, in which case the

extension shall be ratified by the parties by amendment of the Contract.

11.2. Except in case of Force Majeure, as provided under Clause 9 of the Conditions

of Contract, a delay by the Supplier in the performance of its Delivery and

Completion obligations shall render the Supplier liable to the imposition of

liquidated damages pursuant to Clause 10 of the Conditions of Contract, unless

an extension of time is agreed upon, pursuant to Clause 11.1.

12 Assignment

Either Party shall not assign, in whole or in part, its obligations under this Contract,

except with the prior written consent of the other Party. The STC may assign, in

whole or in part, this Contract to any agency of the Government of Mauritius with

the prior written consent of the Supplier.

13 Dispute Settlement and Enforcement

13.1. The STC and the Supplier shall make every effort to resolve amicably by direct

informal negotiation any disagreement or dispute arising between them under or in

connection with the Contract.

13.2. If, after twenty-eight (28) days, the parties have failed to resolve their dispute or

difference by such mutual consultation, then either the STC or the Supplier may give

notice to the other party of its intention to commence arbitration, as hereinafter

provided, as to the matter in dispute, and no arbitration in respect of this matter may

be commenced unless such notice is given. Any dispute or difference in respect of

which a notice of intention to commence arbitration has been given in accordance

with this Clause shall be finally settled by arbitration. Arbitration may be

commenced prior to or after delivery of the Goods under the Contract. Arbitration

proceedings shall be conducted in accordance with the rules of procedure specified in

clause 14.

13.3. Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respective obligations under the Contract

unless they otherwise agree; and

(b) the STC shall pay the Supplier any money due the Supplier.

14 Arbitration

Any dispute arising out of or in connection with this Contract, including any

question regarding its existence, validity or termination, shall be referred to and

finally resolved by arbitration. The parties to the dispute shall jointly appoint an

arbitrator and in the absence of an agreement, an arbitrator shall be appointed by the

Judge in Chambers of the Supreme Court of Mauritius.

The arbitral proceedings shall be conducted in Mauritius as per the Laws of the

Republic of Mauritius.

15 Termination of Agreement

15.1. Termination for Default

(a) The STC, without prejudice to any other remedy for breach of Contract, by

written notice of default sent to the Supplier, may terminate the Contract in

whole or in part:

(i) if the Supplier fails to deliver any or all of the product within the

period specified in the Contract, or within any extension thereof

granted by the STC pursuant to Conditions of Contract Clause 11;

(ii) if the Supplier fails to perform any other obligation under the

Contract; or

(iii) if the Supplier, in the judgment of the STC has engaged in fraud and

corruption, as defined in Clause 17 of the Conditions of Contract, in

competing for or in executing the Contract.

(b) In case of failure by the supplier to perform all or any of its obligations thirty

(30) days after having been notified of same and requested to remedy such

failure, the STC may terminate this agreement automatically and as of right.

Upon notice of termination, the supplier shall take immediate steps to bring

any order already agreed upon to a close in a prompt and orderly manner and

shall not undertake any forward commitment from the date of receipt of

notice of termination.

In the event of termination of the agreement, no payment shall be due from

the STC to the supplier, except for shipment effected prior to termination of

agreement.

15.2. Termination for Insolvency.

The STC may at any time terminate the Contract by giving notice to the Supplier, if

the Supplier becomes bankrupt or otherwise insolvent. In such event, termination

will be without compensation to the Supplier, provided that such termination will

not prejudice or affect any right of action or remedy that has accrued or will accrue

thereafter to the STC.

16 Governing Law

The proper law of this Agreement is the Law of the Republic of Mauritius and the

Republic of Mauritius Law shall be used for interpreting the Agreement and for

resolving all claims or disputes arising out of or in connection with this Agreement,

its validity, interpretation and performance, whether based in contract in tort or on

any legal doctrine.

17 Fraud and Corruption

The Government of the Republic of Mauritius requires that bidders, participating in

procurement in Mauritius, observe the highest standard of ethics during the

procurement process and execution of contracts.

If it is demonstrated that a Government official, or anyone acting on his or her

behalf, and or an offer or in a procurement process or a supplier/contractor during

the execution of the contract has committed prohibited or corrupt practices in

connection with procurement in Mauritius, and independently of any penal action to

be undertaken under the laws of Mauritius:

(i) STC will reject a proposal to award a contract in connection with the

respective procurement process; or

(ii) where an award has already been made, the STC may terminate the contract

pursuant to clause 15.1.

C. BID FORM

[The Bidder shall fill in this Form in accordance with the instructions indicated. No

alterations to its format shall be permitted and no substitutions shall be accepted.]

Date:……………….

CPB Ref. No.: CPB /70/2019

The General Manager


55, Business Zone



Dear Sir,

Bid for Supply of Petroleum Products for period 1 February 2020 to 31 January 2021

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Documents, including

Addenda No.: ______________[insert the number and issuing date of each

Addendum];

(b) Having examined the bidding document dated 3 October 2019, the receipt of which is

hereby duly acknowledged, we, offer to supply petroleum products during 1 February

2020 to 31 January 2021 for the following products:

Item 1 - Clean Petroleum Products (CPP):

Option 1: (a, b, c, d)

Option 2: (a, b, c, d)

Item 2 - Dirty Petroleum Products (DPP): (a, b, c, d)

in conformity with the said bidding document and corresponding specifications for the total

quantity at the sums as may be ascertained in accordance with the premiums quoted

herewith and made part of this Bid.

Note:

1) Bidders shall submit their bid for all four grades of CPP and/or all four grades of DPP.

2) For CPP - Bidders will be required to quote for CPP with specifications under Option 1

or Option 2 or both.

3) STC will determine its preferred option for CPP and such option will be applicable for

the whole duration of the contract.

Signature: ………………...... Company Seal:……………………….

Item 1: Clean Petroleum Products

(OPTION 1)

Product

Quantity

Metric Tons

(MT)

Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)

Total Premium

(USD)

a) Mogas 95 RON

conforming specifications

at Annex I.

199,000 MT

+/- 10%

at STC’s

option USD/Metric

Ton

In figures:

……………………..

In Words:

……………………..

b)Gas Oil 50 PPM

conforming to

specifications at Annex II.

230,000 MT

+/- 10%

at STC’s

option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

c)Jet A1

conforming to

specifications at Annex

III.

327,000 MT

+/- 10%

at STC’s

option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

TOTAL PREMIUM (a + b+ c)

Product Quantity

Metric Tons (MT) Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)

d) MGO conforming to

specifications at Annex IV.

70,000 MT – 105,000

MT +/- 10% at STC’s

option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

The conversion factor to be used for this bidding exercise are as follows:

Gas Oil: 1 Metric Ton = 7.45 US Barrel

Jet A1: 1 Metric Ton = 7.90 US Barrel



OPTION 2

Product

Quantity

Metric Tons

(MT)

Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)

Total

Premium

(USD)

a) Mogas 95 RON conforming

specifications at Annex V.

199,000 MT

+/- 10%

at STC’s option USD/Metric

Ton

In figures:

……………………..

In Words:

……………………..

b) Gas Oil 10 PPM conforming

to specifications at Annex VI.

230,000 MT

+/- 10%

at STC’s option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

c) Jet A1 conforming to

specifications at Annex III.

327,000 MT +/-

10%


Barrel

In figures:

……………………..

In Words:

……………………..


Product Quantity

Metric Tons (MT)

Unit

Premium, DAP, Port

Louis, Mauritius

(USD Per Unit)


specifications at Annex VII.

70,000 MT – 105,000

MT +/- 10%


Barrel

In figures:

……………………..

In Words:

……………………..

The conversion factor to be used for this bidding exercise are as follows:




Item 2: Dirty Petroleum Products

Product Quantity

Metric Tons (MT)

Premium, DAP, Port Louis,

Mauritius (USD Per MT)

Total Premium

(USD)

a) HSFO 180 CC

conforming to

specifications at

Annex VIII

46,500 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….

b) HSFO 180 SR

conforming to

specifications at

Annex IX

140,000 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….

c) HSFO 380 SR

conforming to

specifications at

Annex X

135,000 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….


Product Quantity

Metric Tons (MT)

Premium, DAP,

Port Louis,

Mauritius

(USD Per MT)

d) Very Low Sulphur Fuel

Oil 0.50% Sulphur (VLSFO)

180 CST conforming to

specifications at Annex XI

50,000 MT +/- 10% at

STC’s option

In figures:

……………………..

In Words:

……………………..

(1) Bidder to specify the mode of payment as per clause 3 of the condition of contract

(tick as appropriate):

Open account Basis Standby Letter of credit


(2) For CPP: The demurrage rate in USD – SHINC per day prorate shall be

……………………………………………………………………. (In figures and

words)

For DPP: The demurrage rate in USD – SHINC per day prorate shall be

……………………………………………………………………. (In figures and

words)

We undertake, if our Bid is accepted, to deliver the goods in accordance with conditions of

contract of the bidding document under reference.

If our Bid is accepted, we undertake to make available to the STC a Performance Security,

in favour of STC, issued by a commercial bank registered and operating in Mauritius, for a

value of USD 10 million (United States Dollars ten million) for CPP and USD 5 million

(United States Dollars five million) for DPP, guaranteeing full and complete performance of

the contract, in the form prescribed by the STC at Annex XIII of the bidding document.

Our bid shall be valid for 120 days from the date fixed for the bid submission deadline up to

and including 12 March 2020 (whichever is the latest) and it shall remain binding upon us

and may be accepted at any time before the expiration of that period.

We hereby submit a Bid Security in the sum of USD 500,000 and shall be valid for a period

of 30 days beyond the validity period of the bid, i.e, up to 11 April 2020 whichever is the

latest.

Until a formal contract is prepared and executed, this Bid together with your notification of

award and your written acceptance thereof shall constitute a binding contract between us.

We have no conflict of interest in accordance with Clause 25.6 of Section A ‘Instruction to

Bidders’.

We have taken steps to ensure that no person acting for us or on our behalf will engage in

any type of fraud and corruption as per the principles described hereunder, during the

bidding process and contract execution:

i. We shall not, directly or through any other person or firm, offer, promise or give to any

of the Purchaser’s employees involved in the bidding process or the execution of the

contract or to any third person any material or immaterial benefit which he/she is not

legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever

during the tender process or during the execution of the contract.

ii. We shall not enter with other Bidders into any undisclosed agreement or understanding,

whether formal or informal. This applies in particular to prices, specifications,

certifications, subsidiary contracts, submission or non-submission of bids or any other

actions to restrict competitiveness or to introduce cartelisation in the bidding process.

iii. We shall not use falsified documents, erroneous data or deliberately not disclose

requested facts to obtain a benefit in a procurement proceeding.


We understand that transgression of the above is a serious offence and appropriate actions

will be taken against such bidders.

We understand that you are not bound to accept the lowest evaluated bid or any other bid

that you may receive.

We understand that STC reserves the right to:

a) to split the contract between CPP and DPP; and

b) to accept or reject any bid or to cancel the bidding process and reject all bids at any

time prior to award of contract.

Dated this ..................................... day of ................................

................................... ..................................... ......................................

(Name) (Signature) (in the capacity of)

................................... ..................................... ......................................

(Name) (Signature) (in the capacity of)

………………………………. ………………………………….

(Company) (Company Seal)

Only person/persons authorised to sign Bid for and on behalf of

…………………………………………..

Name of Company : ...........................................................................

Full Address : ...........................................................................

Tel No. : ...........................................................................

Fax No. : ...........................................................................

Email Address : ...........................................................................

Website : ...........................................................................

Mobile No. : ...........................................................................

ANNEX I


Unleaded Motor Gasoline (Mogas 95 RON)

S.N CHARACTERISTICS REQUIREMENT

LIMIT

TEST METHODS

1 Appearance Clear & free from

visible water

sediment and

suspended matter

Visual

2 Benzene, % vol 3.0 Max ASTM D 3606 -18

3 Color Orange Visual

4 Copper strip corrosion, 3hrs at

50°C,

No.1 Max ASTM D 130-19

5 DISTILLATION: ASTM D86-18

10% Evaporated, °C 70.0 Max



Final Boiling Point (FBP) °C 215.0 Max

Residue, Percent by volume 2.0 Max

6 Existent Gum, mg/100ml 4.0 Max ASTM D 381-

12(2017)

7 Potential gum (2.5hrs at 100°C),

mg/100ml

4.0 Max ASTM D873-12(Reapproved 2018)

8 Induction period@ 100°C,

minutes

360.0 Min ASTM D 525-12

9 Lead Content (as Pb), g/l 0.003 Max ASTM D7111-16 or

ASTM D 3237-17

10 Research Octane Number (RON) 95.0 Min ASTM D 2699-19

11 Density at 15 °C, kg/m3 710 - 785 ASTM 4052-18A

12 Total Sulphur, mg/kg 50.0 Max ASTM D 4294-16

13 Reid Vapor pressure {RVP} at

37.8°C kPa

47.0 – 75.0 Min-

Max

ASTM D 323-15

14 Mercaptan Sulphur, % wt 0.0015 Max ASTM D 3227-17

15 Total Aromatics To report ASTM D 1319-18

ANNEX II


GAS OIL 50 PPM

S.N CHARACTERISTICS REQUIREMENT LIMIT TEST

METHODS

1 Strong acid No. mg of KOH/g NIL ASTM D 974-15

2 Total acid No., mg of KOH/g Report Max ASTM D 974-15

3 Ash, % wt 0.010 Max ASTM D 482-13

4 Carbon residue (Ramsbottom)

On 10% Residue, % wt 0.20

Max ASTM D 524-10

5 Cetane number OR 48.0 Min ASTM D 613-10

6 Cetane Index 46.0 Min ASTM D 4737-10

7 Pour Point, °C -9 Max ASTM D 5950-12

8 Copper strip Corrosion for

3 hours @ 100 °C No.1

Max ASTM D 130-12

9 Distillation, % recovered

@ 350Deg C, % vol

@ 370Deg C, % vol

85.0

95.0

Min

Min

ASTM D 86-11b

10 Flash Point ,° C 55.0 Min ASTM D 93-12

11 Kinematic Viscosity, cSt @ 40

°C 2.0 - 5.0

ASTM D 445-12

12 Density @ 15 °C, kg/m³ 820.0 - 860.0 ASTM D 4052-11

13 Total Sulphur, mg/kg 50.0 Max ASTM D 5453-12

14 Water Content, % vol 0.050 Max ISO 12937-00

15 Total Contaminants, mg/kg 24.0 Max IP 440-08

16 Lubricity, corrected wear scar

diameter (wsd 1.4) at 60 °C,

microns

460.0

Max

ASTM D 6079-11

17 Oxidation Stability, mg/100ml 2.0 Max ASTM D 2274-10

18 Conductivity, pS/m (Note 1) 200.0 Min ASTM D 2624

Note:

1. Conductivity requirement of 200 pS/m applicable at discharge port.

ANNEX III

Clean Petroleum Products (Both Option 1 and 2)

Jet Aviation Fuel (Jet A1)

Page 1 of 3

S.N CHARACTERISTICS REQUIREMENT TEST METHODS

1 APPEARANCE

a. Visual Appearance Clear & Bright, free

from Solid matter &

undissolved water at

ambient temperature.

Visual

b. Colour Report ASTM D 156-15

c. Particulate Contamination , mg/l Max 1.0 ASTM D 5452-13

d. Particulate, cumulative channel

particle counts ISO Code as per

Table 1 of ISO 4406:1999

IP 564-13

> 4 µm(c ) Report

> 6 µm(c ) Report

> 14 µm(c ) Report

> 21 µm(c ) Report

> 25 µm(c ) Report

> 30 µm(c ) Report

2 COMPOSITION - -

a Total Acidity, mg KOH/ g Max 0.015 ASTM D 3242-

11(Reapproved

2017)

b Aromatics % vol Max 25.0 ASTM D 1319-18

c Sulphur, Total % wt. Max 0.30 ASTM D 4294-16E1

d Sulphur Mercaptan % wt. Max 0.003 ASTM D 3227-17

Or Doctor Test Doctor Negative ASTM D 4952-

12(2017)

e Non hydro processed

component, in batch ,% vol

Report

Mildly Hydro processed

component

in batch , % vol

Report

Severely Hydro processed

component in batch, % vol

Report

Synthetic components, %vol Report


Page 2 of 3


3 VOLATILITY - -

a Distillation - IBP deg. C, Report

ASTM D 86-18

Fuel recovered 10% volume at °C Max 205.0

Fuel recovered 50% volume at °C Report

Fuel recovered 90% volume at °C Report

Final Boiling Point °C Max 300 .0

Residue % volume Max 1.5

Loss % volume Max 1.5

b Flash Point ° C. Min 38 .0 IP 170-14

c Density @ 15°C kg/m3(Upper) 775.0 -840.0

ASTM D 4052-18A Density @ 15°C kg/m3(Middle) 775.0 -840.0

Density @ 15°C kg/m3(Lower) 775.0 -840.0

Density @ 15°C kg/m3 775.0 -840.0

4 FLUIDITY - -

a Freezing point, °C Max Minus 47 ASTM D 2386-19

b Kinematic. Viscosity at minus

20°C, cSt

Max 8.0 ASTM D 445-19

5 COMBUSTION

a Smoke point, mm ,OR Min 25 .0 ASTM D 1322-18

b Smoke Point Min 19.0 ASTM D 1322-18

- And Naphthalene, % vol Max 3.0

c Specific energy MJ/kg Min 42.80 D3338/D3338M-09

(Reapproved

2014)ᵋ1

6 CORROSION

Cu strip for 2 hrs @ 100°C Max No.1 ASTM D 130-19

7 THERMAL STABILITY,

JFTOT at control temperature of 260°C

ASTM D 3241-19 a Filter pressure differential, mm

Hg, Max

Max 25.0

b Tube Rating, visual Less than 3,No

Peacock or Abnormal

color deposits


Page 3 of 3

Notes

1. The Specification for Jet Aviation Fuel (Jet A1) should comply with the latest Issue of

Aviation Fuel Quality Requirements for Jointly Operated Systems (AFQRJOS).

2. Desirable Conductivity level shall be a minimum of 150 pS/m at discharge port.


8 CONTAMINANTS -

a Existent gum, mg/100ml. Max 7 .0 IP 540/08 ( 2014)

b Micro Separometer (MSEP)

rating

ASTM D 3948-14

MSEP without SDA OR

Min 85

MSEP with SDA Min 70

9 CONDUCTIVITY:

Electrical Conductivity , pS/m 50 - 600 ASTM D 2624-15

10 LUBRICITY

Wear Scar Diameter,mm,max Max 0.85 ASTM D 5001-

(Reapproved 2014)

11 ADDITIVES

Antioxidant(RDE/A/609) mg/l

i)In Hydro processed

&Synthetic Fuels,mg/

Min 17.0 to Max 24.0

ii) In Non-Hydro processed

Fuels

Max 24.0

Static Dissipater

(RDE/A/621),Stadis 450

First doping ,mg/l

Re Doping

Max 3.0

Metal Deactivator,mg/l Max 5.7

Corrosion Inhibitor,mg/l

Lubricity Improver,mg/l

Fuel System Icing

Inhibitor(FS II),%vol

Identified incidental

materials:Fatty Acid Methyl

Ester,mg/kg

IP 585-10

ANNEX IV


Marine Gas Oil (GAS OIL 2500 PPM)

S.N CHARACTERISTICS REQUIREMENT LIMIT TEST METHODS

1 Visual Appearance Clear and Bright Visual

2 Cetane Number, 49.0 Min ASTM D 613-18

3 Strong Acid number, mg KOH/g Nil Max ASTM D 974-15or

ASTM D 664-18E2

4 Total Acid number, mg KOH/g 0.250 Max ASTM D 974-15or

ASTM D 664-18E2

5 Ash, % mass, 0.010 Max ASTM D 482-13

6 Carbon residue (Ramsbottom)

On 10% Residue, % wt

0.200 Max ISO10370:2014 [E]

7 Cloud Point, °C 15.50 Max ASTM D D2500-17a

8 Color 2.50 Max ASTM D 1500-

12(Reapproved 2017)

9

Copper strip Corrosion for 3

hours @ 100 deg. C

No.1 Max ASTM D 130-19

10 Distillation,

50% recovered, °C

90% recovered, °C

95% recovered, °C

Report

366.0

385.0

Max

Max

ASTM D 86-18

11 Flash Point (PMC), °C 66.0 Min ASTM D 93-18

12 Pour Point, °C +6 Max ASTM D 97-17b

13 Density @ 15 °C, g/mL 0.820-0.860 ASTM D 4052-18A

14 Sediments, % wt 0.010 Max D473-07(Reapproved

2017)E1

15 Total Sulphur, % wt 0.250 Max ASTM D 4294-16e1

16 Kinematic Viscosity, cSt

@ 40 °C

2.00 - 4.50 ASTM D 445-19

17 Water Content, % vol, 0.050 Max ASTM D 95-13e1 or

ISO 3733:1999

18 Electrical Conductivity, pS/m 75.0 – 350.0 ASTM D 2624-15

19 CFPP, °C, 0 Max IP 309/16

ANNEX V


Unleaded Motor Gasoline (Mogas 95 RON)

S. N CHARACTERISTICS REQUIREMENT LIMIT TEST METHODS

1

Appearance

Clear and free

from visible water

sediment and

suspended matter

ASTM D 4176

2 Color, Visual Orange Visual

3

Density at 15 °C, kg/m3 720.0 – 775.0 Min-Max

ASTM D 4052, EN ISO

3675, EN ISO 12185

4 Research Octane Number,

RON 95.0

Min ASTM D 2699, EN ISO 5164

5 Distillation

% Evaporated at 70 °C, E70

%(V/V) 20.0 – 48.0

Min-Max EN ISO 3405, ASTM D86

% Evaporated at 100 °C,

E100 %(V/V) 46.0 – 71.0

Min-Max EN ISO 3405, ASTM D86

% Evaporated at 150 °C,

E150 %(V/V) 75.0

Max EN ISO 3405, ASTM D86

6 Final Boiling Point, °C 208.0 Max EN ISO 3405, ASTM D86

7 Residue % (V/V) 2.0 Max EN ISO 3405, ASTM D86

8 Reid Vapour Pressure @ 37.8

°C, KPa 45.0 – 70.0 Min-Max

ASTM D 323, EN 13016-1,

ASTM D5191

9 Existent Gum, mg/100 ml 4.0 Max ASTM D 381, EN ISO 6246

10 Potential Gum (2.5 hrs @ 100

°C), mg/100 ml 4.0

Max ASTM D 873, IP138

11 Induction Period (Oxidation

Stability) @ 100 °C, minutes 360.0 Min

ASTM D525, IP 40, EN ISO

7536

12

Lead Content, (as Pb), g/L 0.003 Max

ASTM D 5059, EN 237,

ASTM D3237, ASTM

D3348, ASTM D3116,

ASTM D352

13

Sulphur Total, mg/kg 50.0 Max

EN ISO 20846, EN ISO

20884, ASTM D4294-10,

ASTM D5453, ASTM D2622

14 Copper-Strip Corrosion, 3 hrs

ar 50 °C No.1

Max ASTM D130, EN ISO 2160

15 Mercaptan Sulphur, (% m/m) 0.0015 Max ASTM D 3227, IP30

16 Olefins, %v/v 18.0 Max EN 14517, EN 15553

17 Aromatics, %v/v 35.0 Max EN 14517, EN 15553

18

Benzene, % v/v 1.0

Max

ASTM D3606, EN 238, EN

12177, EN 14517

19 Oxygen Content, % (m/m) (note 1)

Nil Max EN 1601, EN 13132, EN

14517

20 Manganese Content, mg/l 2.0 Max EN 16576

Note 1: Shall be free of Oxygenates (ethers and alcohol).

ANNEX VI


Gasoil 10 PPM

S.N CHARACTERISTICS REQUIREMENT LIMIT TEST METHODS

1 Appearance

Clear & free from

visible water

sediment and

suspended water

ASTM D 4176

2 Density @ 15 °C, kg/m3 820 - 845 Min-

Max

ASTM D 4052, EN ISO 3675, EN

ISO 12185

3 Kinematic Viscosity, @ 40 °C,

cSt 2.0 - 4.5

Min-

Max ASTM D 445, EN ISO 3104

4 Cetane Number 51.0 Min ASTM D 613,EN ISO 5165, ISO

15195

5 Cetane Index 46 Min ASTM D 4737, EN 15195

6 Distillation

% (V/V) recovered at 250 °C 65 Max ASTM D 86, EN ISO 3405

% (V/V) recovered at 350 °C 85 Min ASTM D 86, EN ISO 3405

95 % (V/V) recovered at, °C 360 Max ASTM D 86, EN ISO 3405

7 Carbon Residue (Rams Bottom

on 10 % Residue, % mass 0.3 Max ASTM D 524, EN ISO 10370

8 Flash Point, °C 62 Min ASTM D 93, EN ISO 2719

9 Pour Point, °C Minus 9 Max ASTM D 5950

10 Cold Filter Plugging Point, °C Plus 3 Max IP 309, EN 116, EN 16329

11 Cloud Point, °C Plus 6 Max IP 219, EN 23015, ISO 3015

12 Strong Acid Number,

mg/KOH/g NIL Max ASTM D 974, ASTM D 664

13 Acidity Total, mg KOH/g 0.25 Max ASTM D 974, ASTM D 664

14 Cu-Strip Corrosion 3 hours at

100 °C No.1 Max ASTM D 130, EN ISO 2160

15 Ash, % Mass 0.01 Max ASTM D 482, EN ISO 6245

15 Total Sulphur, mg/Kg 10 Max


ISO 20884

16 Water Content, mg/kg 250 Max

D4377, D6304, EN ISO 12937,

IP356

17 Total contamination, mg/Kg 24 Max IP 440, EN 12662


diameter (wsd 1,4) at 60°C,

(μm)

460 Max EN ISO 12156-1, IP 450

19 Oxidation Stability, g/m3 25.0 Max


15751

20 Polycyclic Aromatic

Hydrocarbons, % (m/m) 11.0 Max EN 12916

21 Conductivity, pS/m (note 3) 200 Min ASTM D2624

Note:

1. Fatty acid methyl ester (FAME) content shall be Nil.

2. No intentional addition of metallic additives.

3. Conductivity requirement of 200 pS/m applicable at discharge port.

ANNEX VII


Marine Gas Oil (Distillate Marine Fuel Category ISO-F DMA)

S.

N CHARACTERISTICS REQUIREMENT UNIT LIMIT TEST METHODS

1 Kinematic Viscosity at 40

6,000 mm2/s max. ISO 3104

2,000 min.

2 Density at 15 C 890,0 kg/m3 max. ISO 3675 or ISO 12185;

3 Cetane Index 40 — min. ISO 4264

4 Sulfur

0.25 mass % max. ISO 8754

ISO14596

5 Flash point 60,0 °C min. ISO 2719

6 Hydrogen Sulfide 2,00 mg/kg IP 570

7 Acid number 0,5 ASTM D664

8 Total sediment by hot

filtration

— mass % max. ISO 10307-1

9 Oxidation stability 25 g/m3 max. ISO 12205

10

Carbon residue – Micro

method on the 10 % volume

distillation residue

0,30 mass % max. ISO 10370

11 Carbon residue – Micro

method

— mass % max. ISO 10370

12 Cloud point — °C max. ISO 3015

13 Pour point (upper)c -6 °C max. ISO 3016

14 Appearance Clear and Bright

15 Water volume

%

max. ISO 3733

16 Ash 0,010 mass % max. ISO 6245


diameter (WSD) at 60 °C h

520 µm max. ISO 12156-1

Note: The Specification for Marine Gas Oil (Distillate Marine Fuel Category ISO-F DMA)

should comply as per latest issue of ISO 8217 standards.

ANNEX VIII

Fuel Oil 180 CST Catalytic Cracked product

S. N CHARACTERISTICS REQUIREMENT TEST METHODS

1 Density @ 15 °C, g/mL,

Max

0.9901 ASTM D 4052-18

or ISO 12185-1996

2 Kinematic Viscosity, cSt

@50°C,Max

172.1 ASTM D 445-19 or

3104:1994 Cor.1:1997

3 Sulphur, Total % wt , Max 3.50 ASTM D 4294 -16E1

4 Pour Point °C, Max. +15 ASTM D 97-17b

5 Flash Point (PMC), °C,

Min.

64 .0 ASTM D 93 -16a or ISO

2719:2016 (E)

6 Water content % vol, Max. 0.38 ASTM D 95 -13e1 or ISO

3733:1999

7 Micro Carbon

Residue, % wt, Max.

14.1 ASTM D 4530-15 or

ISO10370:2014 [E]

8 Ash, % wt , Max 0.08 ASTM D 482 -13

9 Vanadium, mg/kg, Max 194 IP 470-05

IP 501-05

10 Aluminium+Silicon,mg/kg,

Max

56 IP 470-05

IP 501-05 or ASTM

D5184-12(2017)

11 Total Sediment,

accelerated,% wt , Max

0.08 ASTM D4870-09(2014)

or ISO

10307-2:2009 Cor. 1:

2010

12 Total sediment, existent, %

wt ,Max

0.08 ASTM D4870-09

(2014) or ISO

10307-1:2009

13 Total sediment,

differential,% wt, Max

0.05 Calculation

14 Strong acid No. mg of

KOH/g

NIL ASTM D 664-18E2

15 Total acid No, mg of

KOH/g, Max

2.7 ASTM D 664-18E2

16 Zinc,mg/kg, Max 12.0 IP501 -05

17 Phosphorous,mg/kg , Max 12.0 IP 501-05

18 Calcium,mg/kg , Max 26.0 IP 501 -05

19 CCAI , Max 859 Calculation

20 H2S(liquid phase ),mg/kg ,

Max

2.0 IP 570

ANNEX IX

Fuel Oil 180 CST Straight-Run product

S. N TESTS REQUIREMENT TEST METHODS

1 Ash, % wt , Max 0.10 ASTM D 482-13

2 Gross calorific value, MJ/kg, Min

42.00 ASTM D 4868-17

3 Net calorific value, MJ/kg, Min

40.00 ASTM D 4868-17

4 Micro Carbon Residue, % wt, Max.

15.0 ASTM D 4530-15 or ISO10370:2014

[E]

5 Flash Point (PMC), °C, Min.

60.0 ASTM D 93 -16a or ISO 2719:2016 (E)


7 Density @ 15 °C, g/mL, Min - Max

0.9400-0.9850 ASTM D 4052-18

or ISO 12185-1996

8 Sodium, mg/kg, Max 50 IP 501-05 or IP 470-05

9 Sulphur, Total % wt , Min - Max

1.00-3.00 ASTM D 4294-16E1

10 Vanadium, mg/kg, Max 100 IP 501-05 or IP 470-05

11 Kinematic Viscosity, cSt @50°C, Min - Max

140-180 ASTM D 445-19

12 Water content % vol, Max. 0.50 ASTM D 95 -13e1 or ISO 3733:1999

13 Aluminium+Silicon,mg/kg, Max

30 IP 470-05

IP 501-05 or ASTM D5184-12(2017)

14 CCAI, Max

850 Calculation

15 Total Sediment, accelerated,% wt Max

0.10 ASTM D4870-09(2014) or ISO

10307-2:2009 Cor. 1: 2010

16 Total sediment, existent, %

wt Max 0.10 ASTM D4870-09

(2014) or ISO

10307-1:2009

ANNEX X

Fuel Oil 380 CST Straight-Run product

S. N TESTS REQUIREMENT TEST METHODS

1 Kinematic Viscosity, cSt @50°C,Max

380.0 ASTM D 445-19

2 Density @ 15 °C, g/mL, Max

0.9900 ASTM D 4052-18

or ISO 12185-1996

3 Ash, % wt , Max 0.1 ASTM D 482-13

4 Micro Carbon Residue, % wt, Max.

18.0 ASTM D 4530-15 or

ISO10370:2014 [E]

5 Total Sediment

accelerated,% wt Max 0.20 ASTM D4870-09(2014) or

ISO

10307-2:2009 Cor. 1: 2010

6 Vanadium, mg/kg,Max 200 IP 501-05 or IP 470-05

7 Sodium, mg/kg,Max 100 IP 501-05 or IP 470-05

8 Sulphur, Total % wt , Max 3.0 ASTM D 4294-16E1

9 Water content % vol, Max. 1.0 ASTM D 95 -13e1

10 Flash Point (PMC), °C, Min.

66 .0 ASTM D 93 -16a


12 Asphaltenes,% wT,Max 14.0 IP 143-04

13 Gross calorific value,kJ/kg,Min

42000 ASTM D 4868-17

14 Net calorific value kJ/kg Min 40000 ASTM D 4868

15 CCAI,Max 850.0 Calculated

16 Aluminium+Silicon,mg/kg, Max

30 IP 470-05

IP 501-05 or ASTM D5184-12(2017)

ANNEX XI

Very Low Sulphur Fuel Oil 0.50% Sulphur (VLSFO) 180 CST –

Fuel Oil 180 RMG Category ISO-F- RMG 180

Characteristic Unit Limit

Category ISO-F- Test Method

reference 180 RMG

As per ISO 8217:2017

Kinematic viscosity at

500C

mm2 /s max. 180.0 ISO 3104

Density at 150C kg/m3 max. 991.0 ISO 3675 or ISO

12185

CCAI - max. 870 See 6.2 of ISO

8217:2017

Sulphur mass % max. 0.50 ISO 8754

ISO 14596 or ASTM

D4294; See 6.3 of

ISO 8217:2017

Flash point 0C min. 60.0 ISO 2719; See 6.4 of

ISO 8217:2017

Hydrogen Sulfide mg/kg max. 2.00 IP 570; See 6.5 of

ISO 8217:2017

Acid number mg

KOH/g

max. 2.5 ASTM D664; See

6.6 of ISO 8217:2017

Total sediment -Aged mass % max. 0.10 ISO 10307-2; See

6.9 of ISO 8217:2017

Carbon residue -

Micro method

mass % max. 18.00 ISO

10370

Pour Point Upper (Winter

Quality)

0C max. 30 ISO 3016

Pour Point Upper

(Summer Quality)

0C max. 30 ISO 3016

Water Volume

%

max. 0.50 ISO 3733

Ash mass % max. 0.100 ISO 6245

Vanadium mg/kg max. 350 IP 501; IP 470 Or

ISO 14597; See 6.14

of ISO 8217:2017

Sodium mg/kg max. 100 IP 501, IP 470; See

6.15 of ISO

8217:2017

Note: The Specification for Very Low Sulphur Fuel Oil 0.50% Sulphur (VLSFO) 180 CST

Fuel Oil 180 RMG Category ISO-F- RMG 180 should comply as per latest issue of ISO

8217 standards. Please refer to Publicly Available Specification ISO/PAS 23263:2019-

Petroleum Products – Fuels (Class F) – Consideration for fuel suppliers and users regarding

marine fuel quality in view of the implementation of the maximum 0.50% sulfur in 2020.

Aluminium plus Silicon mg/kg max. 60 IP 501, IP 470 or ISO

10478; See 6.16 of

ISO 8217:2017

Used Lubricating Oil

(ULO):

Calcium and zinc; or

Calcium and

phosphorous

mg/kg -

Calcium >30 and

zinc >15;

or

Calcium >30 and

phosphorus >15;

IP 501 or IP 470,

IP 500; See 6.17 of

ISO 8217:2017

ANNEX XII

COMPANY PROFILE

1. Company Name: ...............................................................................

2. (a) Address: ...............................................................................

...............................................................................

(b) Tel. No(s) Fax No(s)

............................................ ...............................................

E-Mail Address Web-site .......................................... .............................................

3. Name and designation of the person(s) authorised to enter into an agreement on

behalf of the applicant and to otherwise represent the applicant in dealings with STC

....................................................................................................................

....................................................................................................................

4. Financial Information

(a) Authorised Capital ..............................................................................

(b) Paid up Capital ...................................................................................

(c) Reserves .............................................................................................

(d) Other Long Term Funds .....................................................................

(e) Fixed Assets .......................................................................................

(f) Working Capital..................................................................................

(g) Copies of last three Audited Accounts (for 2016, 2017 and 2018). In case

Audited Financial Statements for 2018 not available, provide for 2015, 2016

& 2017)

5. Bank Reference

(a) Name of your Bankers..........................................................................

(b) Address.................................................................................................

(c) Tel No(s) .............................................................................................

(d) Email………………………………………………………………….

6. Experience in Supply of Petroleum Products

(a) Whether (i) Refiner

(ii) Trader

(b) Product:

(i) Sources of supply: ……………………………………………………

(ii) Refinery details for each grade:

(1) Location of Plant(s) ....................................................................

(2) Installed capacity ...................................................................

(3) Annual Production during last three years:

Year Production

............................ .......................................................

........................... .......................................................

........................... .......................................................

(iii) Any other relevant details:

…………………………………………….

(c) Carrier for DAP basis:

(i) Vessels intended to be used: ………………………………….

(ii) Size of vessel to be used: ………………………………….

(iii) State whether on Time Charter/Voyage Charter/Spot/

other (please specify)

………………………………….………………………………….

7. (a) Annual Export Turnover for last three years

(i) for Clean Petroleum Products

Year Quantity Value Three Major Destinations

........ ............ ............ ....................................

........ .............. ............ ........................................

........ .............. ............ ........................................

(ii) for Dirty Petroleum Products

Year Quantity Value Three Major Destinations

........ ............ ............ ....................................

........ .............. ............ ........................................

........ .............. ............ ........................................

(b) Total Trade Turnover of the Company during last three years

(all items)

Year Quantity Value Three Major Markets

........ ................ ............ .........................................

........ ................ ............. .........................................

........ ................ ............. ........................................

8. Please indicate whether your company represents / is represented by any company

with respect to the above supply in Mauritius and in such event provide details:

Yes No

………………………………………………………………………………………

………………………………………………………………………………………..

9. Commissions or gratuities, if any, paid or to be paid by the Bidder to agents to this

Bid, and contract execution if awarded the contract, are listed below:

Name and address of agent Amount and Currency

……………………………. …………………………..

……………………………. …………………………..

……………………………. …………………………..

Signature : .........................................................

Full Name (Block Letters) : .........................................................

Designation : ..........................................................

Date : .........................................................

Seal of the Company : …………………………………........

ANNEX XIII Performance Security

[The bank, as requested by the successful Bidder, shall fill in this form in accordance

with the instructions indicated]

Date: ……………..

Procurement Reference No. and title: ………………..

Bank’s Branch or Office: [insert complete name of Guarantor]

Beneficiary: STATE TRADING CORPORATION, 55 BUSINESS ZONE, EBENE

CYBERCITY 72201, EBENE, REDUIT, MAURITIUS

PERFORMANCE GUARANTEE No.: [insert Performance Guarantee

number]

We have been informed that [insert complete name of Supplier] (hereinafter called "the

Supplier") has entered into Contract No. [insert number] dated [insert day and month],

[insert year] with you, for the Supply of Petroleum Products for the period 1 February

2020 to 31 January 2021 (hereinafter called "the Contract").

Furthermore, we understand that, according to the conditions of the Contract, a

Performance Guarantee is required.

At the request of the Supplier, we hereby irrevocably undertake to pay you any sum(s)

not exceeding [insert amount in figures and words] upon receipt by us of your first

demand in writing declaring the Supplier to be in default under the Contract, without

cavil or argument, or your needing to prove or to show grounds or reasons for your

demand or the sum specified therein.

This Guarantee shall expire no later than the 31st day of March 2021, and any demand

for payment under it must be received by us at this office on or before that date.

This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication

No. 758.

[signatures of authorized representatives of the bank and the Supplier]

ANNEX XIV FORM OF AGREEMENT

THIS AGREEMENT made in two originals the .................day of ..................., 2020

between State Trading Corporation (hereinafter called “STC”) whose registered office is at

55, Business Zone, Ebene Cybercity, 72201, Ebene Reduit, Mauritius of the one part and

.............................. (hereinafter called the “Supplier”) of the other part whose registered

office is at …………………………………………………………………………………….

WHEREAS STC is desirous that Petroleum Products as described in the bidding documents

issued by STC be provided by the Supplier and has accepted a bid by the Supplier for the

supply of those petroleum products at the premium defined in the bidding document dated

XXXXX and in the Supplier’s offer (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: -

a. In this Agreement words and expressions shall have the same meanings as are respectively

assigned to them in the bidding document referred to.

b. During period 1 February 2020 to 31 January 2021, STC agrees to purchase from the

Supplier the following and the Supplier agrees to supply STC with the following

products (list to be modified as per award of contract):


(OPTION 1)

Product

Quantity

Metric Tons

(MT)

Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)

a) Mogas 95 RON

conforming specifications

at Annex I.

199,000 MT

+/- 10%

at STC’s

option USD/Metric

Ton

In figures:

……………………..

In Words:

……………………..

b)Gas Oil 50 PPM

conforming to

specifications at Annex II.

230,000 MT

+/- 10%

at STC’s

option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

c)Jet A1

conforming to

specifications at Annex

III.

327,000 MT

+/- 10%

at STC’s

option

USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

Product Quantity

Metric Tons (MT) Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)


specifications at Annex IV.

70,000 MT – 105,000

MT +/- 10% at STC’s

option USD/US

Barrel

In figures:

……………………..

In Words:

……………………..

The conversion factor to be used are as follows:




OPTION 2

Product

Quantity

Metric Tons

(MT)

Unit

Premium, DAP,

Port Louis,

Mauritius

(USD Per Unit)

a) Mogas 95 RON conforming

specifications at Annex V.

199,000 MT

+/- 10%

at STC’s option USD/Metric

Ton

In figures:

……………………..

In Words:

……………………..

b) Gas Oil 10 PPM conforming

to specifications at Annex VI.

230,000 MT

+/- 10%


Barrel

In figures:

……………………..

In Words:

……………………..

c) Jet A1 conforming to

specifications at Annex III.

327,000 MT +/-

10%


Barrel

In figures:

……………………..

In Words:

……………………..

Product Quantity

Metric Tons (MT)

Unit

Premium, DAP, Port

Louis, Mauritius

(USD Per Unit)


specifications at Annex VII.

70,000 MT – 105,000

MT +/- 10%


Barrel

In figures:

……………………..

In Words:

……………………..

The conversion factor to be used are as follows:



Item 2: Dirty Petroleum Products

Product Quantity

Metric Tons (MT)

Premium, DAP, Port Louis,

Mauritius (USD Per MT)

a) HSFO 180 CC

conforming to

specifications at

Annex VIII

46,500 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….

b) HSFO 180 SR

conforming to

specifications at

Annex IX

140,000 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….

c) HSFO 380 SR

conforming to

specifications at

Annex X

135,000 +/- 10% at

STC’s option

In figures:

……………………..

In Words:

…………………………………….

Product Quantity

Metric Tons (MT)

Premium, DAP,

Port Louis,

Mauritius

(USD Per MT)

d) Very Low Sulphur Fuel

Oil 0.50% Sulphur (VLSFO)

180 CST conforming to

specifications at Annex XI

50,000 MT +/- 10% at

STC’s option

In figures:

……………………..

In Words:

……………………..

(3) For CPP: The demurrage rate in USD – SHINC per day prorate shall be

……………………………………………………………………. (In figures and

words)

For DPP: The demurrage rate in USD – SHINC per day prorate shall be

……………………………………………………………………. (In figures and

words)

c. The following documents shall be deemed to form and be read and construed

as part of this Agreement, viz.:

(a) Bidding document issued by STC on. ....…………… including Addenda

No……….

(b) the Product Specifications as per the Bidding documents

(c) the STC’s Letter of Award dated …………………… and the letter of

acceptance of the Supplier dated ……………………………

(d) any additional correspondence, in writing, on the above; and

(e) the Performance security, Ref. No. ………………... issued by

…………………., registered and operating in Mauritius, for the value of

USD 10 million (United States Dollars 10 million) for CPP and/or

USD 5 million (United States Dollars 5 million) for DPP

d. In consideration of the payments to be made by the STC to the Supplier as

agreed, the Supplier hereby covenants with the STC to provide the Petroleum

Products in conformity in all respects with the provisions of the Bid

documents of the Contract.

e. The STC hereby covenants to pay the Supplier in consideration of the supply

of Petroleum Products, the Contract Price or such other sums as may become

payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with the laws of Mauritius.

Signed, Sealed and Delivered by

Name of Authorized Signatory:………..…………………………………. (For the STC)

Signature:………………………………………………………

In the presence of …………………………………………………………………

Signed, Sealed and Delivered by

Name of Authorized Signatory:………..…………………………………. (For the Supplier)

Signature:………………………………………………………

In the presence of …………………………………………………………………

ANNEX XV

Bid Security (Bank Guarantee) ...........................................[Bank’s Name and Address of issuing Branch or Office]................................................................

Beneficiary: STATE TRADING CORPORATION, 55 BUSINESS ZONE, EBENE

CYBERCITY 72201, EBENE, REDUIT, MAURITIUS

Date: ........................................................................................................................................

BID GUARANTEE No.: ............................................................................................................

We have been informed that ......................[name of the Bidder]……...... (hereinafter called "the

Bidder") has submitted to you its bid dated ....................(hereinafter called "the Bid") for the

execution of Supply of Petroleum Products for the period 1 February 2020 to 31 January 2021 under

Invitation for Bids No. CPB/70/2019 (“the IFB”).

Furthermore, we understand that, according to your conditions, bids must be supported by a Bid

Security.

At the request of the Bidder, we ..................................[name of Bank ]...................... hereby

irrevocably undertake to pay you any sum or sums not exceeding in total an amount of USD 500,000

(US dollars five hundred thousand) upon receipt by us of your first demand in writing accompanied

by a written statement stating that the Bidder is in breach of its obligation(s) under the bid

conditions, because the Bidder:

(a) has modified or withdrawn its Bid after the deadline for submission of its bid during

the period of bid validity specified by the Bidder in the Form of Bid; or

(b) has refused to accept a correction of an error appearing on the face of the Bid; or

(c) having been notified of the acceptance of its Bid by the STC during the period of

bid validity, (i) has failed or refused to sign the contract Form, if required, or (ii) has

failed or refused to furnish the Performance Security, in accordance with the

Instructions to Bidders.

This guarantee shall expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of

the contract signed by the Bidder and the Performance Security issued to you upon the instruction of

the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a

copy of your notification to the Bidder of the name of the successful bidder; or (ii) thirty days after

the expiration of the Bidder’s Bid.

Consequently, any demand for payment under this guarantee must be received by us at the office on

or before 11 April 2020, that is for a period of 30 days beyond the validity period of the bids, as

extended, if applicable.

This Guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.

(Applicable to overseas bidders only).

.......................................................[Bank’s seal and authorized signature(s) ].....................................................

ANNEX XVI

Key Financial Information extracted from Audited Accounts/Financial Statements

Financial data in the currency reported in the

Audited Accounts/Financial Statements

Historical Information

Previous years

Last year

Current year

Statement of Financial Position (Information from Balance Sheet)

A. Current Assets

B. Current Liabilities

Working capital ratio or current ratio( A/B)

Quick ratio or Acid Test ratio (Current Asset net of stock /

B)

C. Total Assets

D. Total Liabilities

Net Worth( C-D)

Cash in hand and at Bank

Bank Overdrafts

Other Liquid Assets

Information from Income statement

Key Profitability Indicators in the currency

reported in the Audited Accounts/Financial Statements

Previous

years

Last

year

Current

year

Turnover

Profit /(Loss )Before Tax

Taxation

Net Profit /(Loss) After Tax

(Net profit After tax )x 100 (Turnover)

Certified by Bidder that information are true extract from Audited Accounts/Financial

Statements

Name:

Signature:

Capacity:

Date:

The Bidder and its parties shall provide copies of financial statement for 3 years pursuant to

Clause 13 of Instruction to Bidders. The financial statements shall:

a) Reflect the financial situation of the Bidder or partner to a JV and not sister or parent

companies.

b) Be independently audited or certified in accordance with local legislation.

c) Be complete, including all notes to the financial statements.

d) Correspond to accounting periods already completed and audited.

(please tick as appropriate) Attached are copies of financial statements for the 3 years

required above and complying with the requirements.

ANNEX XVII

Bid Submission Checklist

Bid Reference No.: CPB/70/2019

S. N Description

Attached (please tick

if submitted and N/A

if not applicable)

1 Bid Form

2 Bid Security

3 Power of Attorney/ Board Resolution for authorized

signatory(ies)

4 Company profile, Past Experience and References

where similar services have been provided (as per

format at Annex XII)

5 Key Financial Information extracted from Audited

Accounts/Financial Statements as at Annex XVI

6 Last three years’ Audited Financial Statements (2016,

2017 & 2018). In case Audited Financial Statements

for 2018 not available, provide for 2015, 2016 & 2017)

7 Document with history of litigation, if any

8 List of contracts that have been terminated prior to the

expiry dates in the last 3 years and reasons for such

occurrences, if any.

Name of

Bidder(s):

Contact Person:

Phone

Number:

Fax:

Email:

Name of authorized signatory:

Signature of authorized signatory:

Company Seal

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