for the periodin exceptional circumstances, prior to the expiration of the bid validity period, stc...

Tender for the Supply of

Petroleum Products

for the period

1 August 2019 – 31 July 2020

25 March 2019

Table of Contents

Introduction .................................................................................................................................. 4

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

1. Invitation .............................................................................................................................. 5

2. Collection of Bidding Document ........................................................................................ 5

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

4. Tender Bond ........................................................................................................................ 7

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

6. Clarifications ....................................................................................................................... 7

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

8. Opening of Bids ................................................................................................................... 8

9. Bid Form .............................................................................................................................. 8

10. Qualification of the Bidder ................................................................................................. 8

11. Responsiveness of Bids ........................................................................................................ 9

12. Evaluation Criteria ............................................................................................................. 9

13. Notification and Award of Contract .................................................................................. 9

14. Contract Agreement............................................................................................................ 9

15. Conduct of bidders and suppliers ...................................................................................... 9

16. Eligible Bidders ................................................................................................................. 10

17. Eligible Goods and Related Services ............................................................................... 12

18. Confidentiality ................................................................................................................... 12

B. CONDITIONS OF CONTRACT .................................................................................... 13

1 Schedule of Requirements ................................................................................................ 13

2 Documentation .................................................................................................................. 18

3 Payment .............................................................................................................................. 18

4 Risk and Title .................................................................................................................... 19

5 Quantity and Quality Determination at Loading Port .................................................. 19

6 Quantity and Quality Determination at Discharge Port ............................................... 19

7 Loading Conditions (Applicable for FOB Basis) ........................................................... 20

8 Discharging Conditions (Applicable for DAP Basis) ..................................................... 20

9 Performance Bank Guarantee ......................................................................................... 23

10 Force Majeure ................................................................................................................... 23

11 Liquidated Damages ......................................................................................................... 24

12 Extension of time ............................................................................................................... 24

13 Assignment ......................................................................................................................... 25

14 Dispute Settlement and Enforcement .............................................................................. 25

15 Arbitration ......................................................................................................................... 25

16 Termination of Agreement ............................................................................................... 25

17 Governing Law .................................................................................................................. 26

18 Fraud and Corruption ...................................................................................................... 26

C. BID FORM ........................................................................................................................ 28

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 more than USD 750

million.

STC is exempted from the provisions of the Public Procurement Act, by Government

Notice No. 68 of 29 June 2009, in respect of procurement of goods destined for resale

including Petroleum Products.

A. INSTRUCTION TO BIDDERS

SUPPLY OF PETROLEUM PRODUCTS

FOR THE PERIOD 1 AUGUST 2019 TO 31 JULY 2020

1. Invitation

STC is inviting Bids through Open Advertised Bidding (Standard) method for the supply

of the following quantities of petroleum products with a tolerance +/- 10% at STC’s option

for the period 1 August 2019 to 31 July 2020:

Clean Petroleum Products (CPP):

a) 195,000 metric tons of Unleaded Motor Gasoline (Mogas 95 RON)

b) 230,000 metric tons of High Speed Diesel (Gasoil 10ppm)

c) 165,000 metric tons of Marine Gas Oil – (MGO)

d) 325,000 metric tons of Jet Aviation Fuel (Jet A1)

Dirty Petroleum Products (DPP):

a) 55,000 metric tons of Fuel Oil 180 CST Catalytic Cracked product, or alternatively

Fuel Oil 180 CST-Residual Marine Fuel Category ISO-F RMG 180*(HSFO 180 CC)

b) 140,000 metric tons of Fuel Oil 180 CST Straight-Run product, or alternatively Fuel

Oil 180 CST - Residual Marine Fuel Category ISO-F RMG 180* (HSFO 180 SR)

c) 130,000 metric tons of Fuel Oil 380 CST Straight-Run product or alternatively Fuel

Oil 380 CST - Residual Marine Fuel Category ISO-F RMG 380* (HSFO 380)

Bidders are required to quote for all four grades of Clean Petroleum Products and/or

all three grades of Dirty Petroleum Products.

2. Collection of Bidding Document

2.1. Prospective Bidders may obtain the Bidding document from the STC, 55 Business

Zone, Ebene Cybercity 72201, Ebene, Reduit, Republic of Mauritius against the

payment of a non-refundable fee of MUR 1,500/- (Mauritian Rupees one thousand

and five hundred) plus 15% VAT per set or download from the web site of STC at

http://www.stcmu.com 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

Annex I - Specifications for Unleaded Motor Gasoline (Mogas 95 RON)

Annex II - Specifications for High Speed Diesel (Gasoil 10ppm)

Annex III - Specifications for Marine Gas Oil (MGO)

Annex IV - Specifications for Jet Aviation Fuel (Jet A1)

Annex V - Specifications for Fuel Oil 180 CST Catalytic Cracked product

Annex V/ 1 - Specifications for Fuel Oil 180 CST - Residual Marine Fuel Category

ISO-F RMG 180

http://www.stcmu.com/

Annex VI - Specifications for Fuel Oil 180 CST Straight-Run product

Annex VI / 1 - Specifications for Fuel Oil 180 CST - Residual Marine Fuel Category

ISO-F RMG 180

Annex VII - Specifications for Fuel Oil 380 CST Straight-Run product

Annex VII / 1 - Specifications for Fuel Oil 380 CST - Residual Marine Fuel Category

ISO-F RMG 380

Annex VIII - Company Profile

Annex IX - Proforma of Performance Bank Guarantee

Annex X - Form of Agreement.

Annex XI - Proforma of Tender Bond

Annex XII - Bid Submission Checklist

3. Submission of Bids

Prospective bidders are required to send their bid:

(i) Either, on-line through the following secured email address in PDF format

at latest by Monday 29 April 2019, at 14.00 hrs latest (GMT+4) on the

following email address: [email protected],

(ii) Or deposited in the Tender Box, situated at the Registry of STC, in sealed

envelopes, by Monday 29 April 2019 at 14.00 hrs latest (GMT+4).

3.1 Bids contained in sealed-envelopes marked “Tender – Petroleum Products”

(Reference STC/01/19) on the top left-hand corner should be addressed to:

General Manager

State Trading Corporation

55, Business Zone,

Ebene Cybercity 72201,

Ebene,

Reduit,

Republic of Mauritius.

Bids sent by registered mail should reach the STC at above address by Monday 29

April 2019, at latest 14.00 hrs (GMT+4) or deposited in the Tender Box marked

“Tender – Petroleum Products” situated in the Training Room of STC by

Monday 29 April 2019, at latest 14.00 hrs (GMT+4). Bids received after 14.00 hrs

on Monday 29 April 2019 will NOT be considered.

3.2 Offers received through secured mail after 14.00 hrs (GMT+4) on Monday 29

April 2019, shall NOT be considered.

3.3 Offers submitted to an email address other than the one listed above or in a

different format other than PDF shall NOT be considered. If offers are emailed

and /or copied to any other party at the STC, the offers shall NOT be considered.

3.4 Offers sent through courier shall reach the STC by the closing date and time fixed

for the receipt of offers.

3.5 Bids and all related correspondence as well as supporting documents furnished by

the bidder shall be in English.

mailto:[email protected]

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

Annex XII.

4. Tender Bond

4.1. Every bidder shall submit with his offer an ORIGINAL Tender Bond in

accordance with the attached Proforma - Annex XI - 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 Bank Guarantee within ten days of the date of notification of

acceptance of the said offer.

4.2. Any offer not supported by a valid Tender Bond shall be rejected.

4.3. The Tender Bond in ORIGINAL shall reach STC by Monday 29 April 2019 up to

14:00 hrs Mauritian time at latest.

4.4. The Tender Bond shall be valid up to and including Friday 9 August 2019.

4.5. The Tender Bond 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 Tender Bond:

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

the Bidder on the Bid Submission 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 or furnish a

performance security.

5. Validity of Bid

The Bidder shall indicate that its bid is a firm offer and shall remain valid up to and

including Friday 9 August 2019.

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 Tender Bond shall also be extended for

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

Tender Bond. A Bidder granting the request shall not be required or permitted to

modify its bid.

6. Clarifications

Prospective Bidders requiring any clarification regarding the Bidding Document

shall submit their request in writing to the following address:

General Manager


55, Business Zone

Ebene Cybercity 72201

Ebene, Reduit, MAURITIUS

E-mail address: [email protected]

Fax Number: (230) 489 1861

Request for clarifications should be made not later than 14 days prior to the

closing date for the submission of bids.

7. Closing date and time for receipt of bids:

Monday 29 April 2019 up to 14:00 hrs (GMT +4) at latest.

8. Opening of Bids

Bids will be opened on the second floor of STC Head Office on Monday 29 April

2019 at 14.00 hrs (GMT +4) in the presence of bidders or their representatives who

wish to attend.

9. Bid Form

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

provided at section C of the Bidding document. Bidders should insert the figures

and words in the space provided.

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

authority to bind the company. Bidders should therefore submit a document

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

duly authorised to bind the bidder.

9.3. The completed Bid Form shall be without alterations, interlineations or erasures.

9.4. Bid forms shall be rejected in case prices are unclear, ambiguous. Where the

amounts as specified in figures do not tally with the amounts specified in words,

the amounts specified in words shall prevail.

10. Qualification of the Bidder

10.1 The Bidder shall submit the following documents with his offer:

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

(ii) the last two years audited financial statements (2017 and 2018); In case

Audited Financial Statements for 2018 is not available, provide for 2016 &

2017)

(iii) 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;

(iv) 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.

10.2 Any information submitted under paragraph 10.1 (iii) & (iv) 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.

11. Responsiveness of Bids

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

document without material deviation, reservation or omission.

12. Evaluation Criteria

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

(1) Price quoted;

(2) Reliability and financial standing of Bidder;

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

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

13. Notification and Award of Contract

13.1. The State Trading Corporation shall first notify the successful bidder(s) that

his/their bid has/ve been selected for an award of contract. Upon award, the name

of the successful bidder(s) shall be published on STC’s website.

13.2. The STC reserves the right:

i) to accept or reject any bid;

ii) to split the contract; and

iii) to annul the bidding process and reject all bids at any time prior to award of

contract without incurring any liability to the bidder.

14. Contract Agreement

Unless and until a formal Agreement as per Annex X 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 Buyer 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.

15. Conduct of bidders and suppliers

(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.

(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.

(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.

(4) The STC shall reject a bid if the bidder offers, gives or agrees to give an

inducement referred to in subsection (1) and promptly notify the rejection

of the bid to the bidder concerned.

16. Eligible Bidders

16.1. Subject to Clause 16.2, 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.

16.2. A firm 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 firm shall also be excluded in case any

dealing with that firm 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.

16.3. 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.

16.4. The STC may require the submission of signed statements from the bidders,

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.

16.5. Bidders shall be allowed to participate in procurement proceedings without

regard to their nationality subject to paragraph 16.2.

(a) With a view to facilitating participation by bidders, the STC shall

accept the submission by bidders 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.

(b) The STC may also accept certifications from bidders attesting to

compliance with eligibility requirements.

16.6. 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.

16.7. 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.

16.8. Participation by a bidder in more than one bid will result in disqualification

of all bids in which the party is involved. However, this does not limit the

inclusion of the same subcontractor in more than one bid.

16.9. 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.

17. Eligible Goods and Related Services

17.1 All the Goods and Related Services to be supplied under the Contract may

have their origin in any country subject to clause 16.1 and 16.2

17.2 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.

17.3 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.

18. Confidentiality

The parties agree to maintain any and all confidential information acquired, gained

or otherwise received by either party, which are not publicly available or

accessible, in strict confidence and not to disclose any such confidential

information to any third party without prior written consent of the other party.

B. CONDITIONS OF CONTRACT

1 Schedule of Requirements

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

1 August 2019 to 31 July 2020.

1.1. Products

Clean Petroleum Products

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

specifications at Annex I;

b) High Speed Diesel (Gasoil 10ppm) conforming to specifications at Annex

II;

c) Marine Gas Oil (MGO) conforming to specifications at Annex III;

d) Jet Aviation Fuel (Jet A1) conforming to specifications at Annex IV

Dirty Petroleum Products

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

specifications at Annex V or Fuel Oil 180 CST - Residual Marine Fuel

Category ISO-F RMG 180 product conforming to specifications at Annex

V/1;

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

specifications at Annex VI or Fuel Oil 180 CST - Residual Marine Fuel

Category ISO-F RMG 180 conforming to specifications at Annex VI / 1;

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

specifications at Annex VII or Fuel Oil 380 CST - Residual Marine Fuel

Category ISO-F RMG 380 conforming to specifications at Annex VII / 1.

1.2. Quantity

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

1.2.1 Clean Petroleum Products

(a) 195,000 metric tons +/- 10% at STC’s option of Mogas 95 RON

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

(c) 165,000 metric tons +/- 10% at STC’s option of MGO

(d) 325,000 metric tons +/- 10% at STC’s option of Jet A1

1.2.2 Dirty Petroleum Products

(e) 55,000 metric tons +/- 10% at STC’s option of HSFO 180 CC

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

(g) 130,000 metric tons +/- 10% at STC’s option of HSFO 380

1.2.3 The State Trading Corporation reserves the right to increase 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 as follows:

(a) Delivery at Place (DAP), Port Louis Mauritius and/or

(b) FOB basis (Port to be specified by the Bidder).

Award of the contract will be either on DAP, Port Louis or FOB basis.

1.4. Delivery/Parcel Sizes

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

port would be as from 1 August 2019. However, supplier/s may be required to

supply the first shipment in July 2019. 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

For DAP Basis

The Buyer shall provide to the Supplier, prior to nomination of the vessel, the

laycan at discharge port 24 days in advance. The agreed laycan of delivery shall

be binding on both parties. The Supplier shall be allocated 3 days’ laycan.

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).

For FOB Basis

Buyer shall intimate Tentative Upliftment Plan of the CPP and DPP to the Supplier

24 days in advance of the lifting, with quantities, grades and three (3) days lay can.

Supplier agrees to consider 15 clear days’ advance notice during unforeseen

change in quantity.

(c) Cargoes of CPP shall be in lots of 43,000 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) Gasoil 10ppm :10,000 to 14,000 metric tons;

(iii) MGO :4,000 to 6,000 metric tons;

(iv) Jet A1 :18,000 to 22,000 metric tons.

(d) Cargoes of DPP shall be in lots of 33,000 metric tons +/- 5 % at STC’s option. The

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

(i) HSFO 180 CC: 4,500 to 6,000 metric tons;

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

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

(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 covering all expenses for delivery at place

(DAP) basis Port Louis, Mauritius, or FOB Basis as hereunder:

S.N Product Unit

a) Mogas 95 RON USD/Metric Ton

b) Gasoil 10ppm USD/US Barrel

c) MGO USD/US Barrel

d) Jet A1 USD/US Barrel

e) Fuel Oil 180 CST Catalytic

Cracked product, or alternatively

Fuel Oil 180 CST - Residual

Marine Fuel Category ISO-F

RMG 180

USD/Metric Ton

f) Fuel Oil 180 CST Straight-Run

product, or alternatively Fuel Oil

180 CST - Residual Marine Fuel

Category ISO-F RMG 180

USD/Metric Ton

g) Fuel Oil 380 CST Straight-Run

product or alternatively Fuel Oil

380 CST - Residual Marine Fuel


USD/Metric Ton

b) The price basis DAP, Port Louis shall be inclusive of all port charges

payable in Port Louis.

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

d) The prices DAP, Port Louis or FOB Basis 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 10ppm’, 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) High Speed Diesel (Gasoil 10ppm) Mean of quotations for ‘Gasoil 10 ppm’, 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.

(iii) Marine Gas Oil (MGO) Mean of quotations for ‘Gasoil 0.25% Sulfur’, 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) 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.

.

(v) Fuel Oil 180 CST (Catalytic Cracked) / Fuel Oil 180 RMG

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



B/L as defined below, including any published corrections

(vi) Fuel Oil 180 CST (Straight-Run) / Fuel Oil 180 RMG

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




(vii) Fuel Oil 380 CST (Straight-Run) / Fuel Oil 380 RMG Mean of quotations for Platt’s ‘HSFO 380 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:

The Buyer and Seller have agreed for the pricing basis of 5 (five) days

around the B/L and for the sake of clarity, the pricing period is defined as

under:

The arithmetic average of 5 (five) mean quotations as published in Platt’s

Asia Pacific / Arab Gulf Marketscan (APAG) under the heading ‘Middle

East Physical Oil Assessment’ for FOB Arab Gulf and Platts Oilgram

European Marketscan (POEM) under the heading ‘Mediterranean Cargoes’;

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

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

quotations after the B/L date, including any published corrections, plus the

premiums.

If Platts does not publish effective prices for a particular Bill of Lading

date, then the 3 (three) consecutive published quotations immediately prior

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

after B/L date shall apply for above average.

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.

f) 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 Buyer 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 (DAP only)

(vi) Cargo Manifest

(vii) Time Sheet

(viii) Ullage Report

(ix) Master’s receipt of Documents (DAP only)

(x) Independent Inspector’s Report

(xi) Bunker Survey (DAP only)

(xii) Vessel’s Tank History Report (DAP only)

(xiii) Vessel’s Experience Factor (DAP only)

(xiv) Release Certificate of cargoes (DAP only)

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

from Independent Inspectors at loading port. (DAP only)

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

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

(i) Payment shall be made 30 days from Bill of Lading date on Open Account basis.

A Letter of Credit can be issued at the request of the Seller but the LC charges

shall be for the account of the Seller. Bidders shall specify the type of LC which

will be opened by a bank licensed with the Bank of Mauritius. If payment falls on a

non-banking day (Mauritius and USA), the next banking day shall be deemed to be

the payment day.

(ii) In case of discrepancies of above half a percent (0.5%) on a productwise basis

between quantities found at loading and discharge ports as at Clause 6 below,

settlement of the DAP value for the product(s) with such discrepancies shall be

effected on the basis of the quantity certificate(s) issued at unloading port provided

that the quantity certificate(s) referred to, below, has/have already been received by

Supplier at least ten (10) days prior to the maturity date of the payment of the DAP

value of each shipment.

(iii) For DAP Basis; 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

For DAP Basis: Notwithstanding any other provisions of this Agreement, title and

risk shall pass from Supplier to Buyer 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 Buyer.

For FOB Basis: Title and risk shall pass to Buyer at the load port as the Product

passes the flanges connecting Seller’s delivery hoses to the loading connection of

Buyer’s vessel.

5 Quantity and Quality Determination at Loading Port

For DAP Basis: The determination of quantity and quality of products delivered

shall be made in accordance with 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.

For FOB Basis: The quality of the Product to be supplied shall be as per

specifications in the annexures.

Quality determination shall be as per the Supplier's Refinery Laboratory test results

of individual Load port shore tank samples taken prior to loading and/or composite

sample.

The measurement of quantity of product loaded shall be based on shore tank dips

immediately before commencement of loading and immediately after completion

of loading. The determination of quantity of product delivered shall be made in

accordance with the accepted practice of the loading port.

Buyer shall appoint an independent internationally recognized surveyor. The

survey would be done to ascertain the quality and quantity at the loading terminal.

The findings of the survey report at the loading terminal shall be final and binding

on both parties, except in cases of fraud or manifest error. The Buyer shall bear the

inspection costs at loading port.

6 Quantity and Quality Determination at Discharge Port

6.1 Quantity Determination

For DAP Basis: Buyer shall appoint an independent internationally recognized

surveyor to determine the quantity received in shore tanks at discharge port and it

will ensure that the products are sampled in accordance with accepted practice

immediately prior to discharge 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, the quantities found at discharge port shall be deemed final,

conclusive and binding upon both parties. For discrepancies below half a percent

(0.5%), the quantities determined at loading port shall be final.

6.2 Quality Determination

The Buyer shall appoint an independent internationally recognized surveyor who

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

testing purposes.

For DAP Basis: In case of differences in the quality of the products between

samples taken at loading and discharge ports, the quality determined at

discharge port shall be deemed final and binding on both parties. STC shall

bear the survey costs at discharge port.

7 Loading Conditions (Applicable for FOB Basis)

Laytime for loading at load port shall be 72 hours SHINC. The Laytime shall

commence 6 hours after the tendering of notice of readiness (NOR) or when the

Vessel commences loading, whichever first occurs within the agreed lay days.

Demurrage payment if any shall be as per charter party rate and shall not exceed

USD 20,000 PDPR.

8 Discharging Conditions (Applicable for DAP Basis)

(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 84 hours of laytime for discharging a cargo of 42,000

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

STC shall be allowed 72 hours of laytime for discharging a cargo of 32,000

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.

The performing vessels for DPP should be equipped with drip sampling facility

so that drip samples can be collected throughout the discharge operations.

(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 discharged at either New Oil Jetty

or Quay 1 with the following berth details:

New Oil Jetty:

Berth/jetty length - 270 metres

Minimum DWT - 5,000 DWT

Maximum DWT - 62,000 DWT

Maximum permissible draft - 14.0 metres

Permissible LOA - 230 metres

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.

Nova Building

1, Military Road

Port Louis

MAURITIUS

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

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

9 Performance Bank Guarantee

9.1 STC requires the selected bidder to make available to STC a Performance Bank

Guarantee, in accordance with the attached proforma - Annex IX - issued by an

acceptable commercial bank registered and operating in Mauritius in favour of

STC, for a value of USD five million (5,000,000), guaranteeing full and

complete performance by Supplier of the terms and conditions of the

Agreement.

The Performance Bank Guarantee 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 Buyer’s acceptance of the Bid.

9.2 STC shall drawdown the corresponding amount on the performance bond 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

(cf: Clause 1.4 (b)) and resulting in STC having recourse to alternative

measures to avoid disruption of stocks (Applicable for DAP Basis);

(b) difference in the quality of product provided to STC (cf: Clause 6.2) by the

Supplier leading to freezing of stocks.

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

Bank Guarantee of USD five million in the event a drawdown is effected by

the Buyer.

10 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 Buyer 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 Buyer in

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

Buyer 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.

11 Liquidated Damages

11.1. DAP Basis

If the Supplier fails to deliver any consignment pursuant to clauses 1.3 and 4

of the Conditions of Contract, the Buyer 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 Buyer may

terminate the Contract pursuant to conditions of contract, Clause 16 Section B

of the document. The liquidated damage shall be the differential between the

Contractual Price and the Replacement Price

11.2. FOB Basis

If the Supplier fails to load the cargo during the agreed laycan then the

Platts’s quotation applicable shall be the LOWER of the ‘quotations

applicable for the actual laycan’ OR ‘the quotation applicable for the

originally agreed” (i.e prior to shift in laycan). The last day of the agreed

laycan shall be deemed as the BL date. In case, the Buyer has to recourse to

alternative supply, then the differential between the Contractual Price and the

Replacement Price shall be borne by the Seller.

Seller will have to bear all the demurrage charges incurred in the event that

Seller fails to load the cargo during the agreed laycan.

12 Extension of time

12.1. 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 Buyer in writing of the

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

Supplier’s notice, the Buyer 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.

12.2. Except in case of Force Majeure, as provided under Clause 10 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 11 of the Conditions of Contract, unless an

extension of time is agreed upon, pursuant to Clause 12.1.

13 Assignment

The Supplier shall not assign, in whole or in part, its obligations under this

Contract, except with prior written consent of the Buyer. The Buyer may assign, in

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

without the prior approval of the Supplier.

14 Dispute Settlement and Enforcement

If a party to this agreement considers that the other party fails to carry out its

obligations or specific commitments, the parties shall attempt to resolve the dispute

in the following manner:

(i) Inform the other party in writing on the facts of the matter on which the

dispute arises within 14 days;

(ii) Should the exchange of information not resolve the dispute, then the parties

shall convene a meeting within 30 days’ notice; and

(iii) Should the meeting not resolve the dispute then the aggrieved party shall

reserve the right to initiate arbitration as per clause 15.

15 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. The award of the arbitrator shall be final and binding on

the parties.

16 Termination of Agreement

16.1 Termination for Default

(a) The Buyer, 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 Buyer pursuant to Conditions of Contract Clause 12;

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

Contract; or

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

and corruption, as defined in Clause 18 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 Buyer 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 Buyer to the supplier, except for shipment effected prior to termination

of agreement.

16.2 Termination for Insolvency.

The Buyer 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 Buyer.

16.3 Termination for Convenience.

(a) The Buyer, by notice sent to the Supplier, may terminate the Contract, in

whole or in part, at any time for its convenience. The notice of termination

shall specify that termination is for the Buyer’s convenience, the extent to

which performance of the Supplier under the Contract is terminated, and

the date upon which such termination becomes effective.

(b) The products that are ready for shipment within twenty-eight (28) days

after the Supplier’s receipt of notice of termination shall be accepted by the

Buyer at the Contract terms and prices.

17 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.

18 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 16.1.

C. BID FORM Date: .............................

General Manager


55, Business Zone,

Ebene Cybercity 72201,

Ebene, Reduit,

Republic of Mauritius.

Dear Sir,

Tender for Supply of Petroleum Products for period 1 August 2019 to 31 July 2020

Having examined the bidding document dated 25 March 2019, the receipt of which is

hereby duly acknowledged, we, the undersigned offer to supply and deliver petroleum

products during 1 August 2019 and 31 July 2020 for the following products:

Item 1 Clean Petroleum Products (CPP) (a,b,c,d)

Item 2 Dirty Petroleum Products (DPP) (e,f,g)

Bidders may submit their bids for either CPP or DPP or both.

Bidders may quote for either DAP, Port Louis, Mauritius or FOB (Port of

Loading to be specified) or both.

as listed below, in conformity with the said tender document for the total quantity

(representing the estimated total requirements of Mauritius) at the sums as may be

ascertained in accordance with the premiums quoted herewith and made part of this Bid.

Item 1: Clean Petroleum Products

Product

Quantity

Metric

Tons

Unit

Option 1:

DAP

Premium

Option 2:

FOB

Premium

Port(s) of

Loading

a) Mogas 95 RON

conforming specifications at

Annex I.

195,000

+/- 10%

at buyer’s

option

USD/Metric

Ton

b) Gasoil 10ppm

conforming to specifications

at Annex II.

230,000

+/- 10%

at buyer’s

option

USD/US

Barrel

c) Gasoil 2500ppm


at Annex III.

165,000

+/- 10%

at buyer’s

option

USD/US

Barrel

d) Jet A1


at Annex IV.

325,000

+/- 10%

at buyer’s

option

USD/US

Barrel

Item 2: Dirty Petroleum Products

Product

Quantity

Metric

Tons

Unit

Option 1:

DAP

Premium

Option 2:

FOB

Premium

Port(s) of

Loading

e) (i) Fuel Oil 180 CST

Catalytic Cracked


at Annex V

55,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

e) (ii) Fuel Oil 180 CST -

Residual Marine Fuel



at Annex V / 1

55,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

f) (i) Fuel Oil 180 CST

Straight-Run conforming to

specifications at Annex VI

140,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

f) (ii) Fuel Oil 180 CST -




at Annex VI / 1

140,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

g) (i) Fuel Oil 380 CST


specifications at

Annex VII

130,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

g) (ii) Fuel Oil 380 CST -




at Annex VII / 1

130,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

Note:

(1) The demurrage rate in USD – SHINC per day prorate shall be ………… (In figures

and words)

(2) In case of Letter of Credit (LC), to state which type of LC :………………….

(3) Award shall be made on either (i) or (ii) for each of the DPP.

(4) Premiums shall be typed in the above table.

(5) Each page of the Bid Form shall be initialed and bear the seal of the company.

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

contract of the Bid document under reference.

If our Bid is accepted, we will make available to the STC a guarantee of performance, in

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

value of USD 5 million (United States Dollars five million), guaranteeing full and

complete performance of the contract, in the form prescribed by the STC at Annex III of

the Bid document.

We agree to abide by this Bid up to and including 9 August 2019 and it shall remain

binding upon us at any time before the expiration of that period.

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 understand that Buyer reserves the right to:

(a) accept or reject any bid

(b) split the contract; and

(c) annul the bidding process and reject all bids at any time prior to award of contract,

without incurring any liability to the bidder.

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)

CHARACTERISTICS TEST METHODS LIMIT REQUIREMENT

Appearance ASTM D 4176

Clear and free from

visible water

sediment and

suspended matter

Color, Visual Visual Orange

Density at 15 °C, kg/m3

ASTM D 4052, EN ISO 3675, EN ISO

12185

Min-

Max 720 - 775

Research Octane Number,

RON ASTM D 2899, EN ISO 5164 Min 95.0

Distillation

% Evaporated at 70 °C,

E70 %(V/V) EN ISO 3405, ASTM D86

Min-

Max 20 - 48


E100 %(V/V) EN ISO 3405, ASTM D86

Min-

Max 46 - 71


E150 %(V/V) EN ISO 3405, ASTM D86

Min-

Max 75

Final Boiling Point, °C EN ISO 3405, ASTM D86 Max 208

Residue % (V/V) EN ISO 3405, ASTM D86 Max 2

Reid Vapour Pressure @

37.6 °C, KPa

ASTM D 323, EN 13016-1, ASTM

D5191

Min-

Max 45-70

Existent Gum, mg/100 ml ASTM D 381, EN ISO 6246 Max 4

Potential Gum (2.5 hrs @

100 °C), mg/100 ml ASTM D 873, IP138

Max 4

Induction Period @ 100

°C, minutes ASTM D525, IP 40, EN ISO 7536 Min 360

Lead Content, gPb/L

ASTM D 5059, EN 237, ASTM D3237,

ASTM D3348, ASTM D3116, ASTM

D352

Max 3

Sulphur Total, mg/kg EN ISO 20846, EN ISO 20884, ASTM

D5453, ASTM D2622 Max 50

Copper-Strip Corrosion, 3

hrs ar 50 °C ASTM D130, EN ISO 2160 Max No.1

Mercaptan Sulphur, (%

m/m) ASTM D 3227, IP30 Max 0.0015

Olefins EN 14517, EN 15553 Max 18

Aromatics EN 14517, EN 15553 Max 35

Benzene, % Vol

ASTM D3606, EN 238, EN 12177, EN

14517 Max 1

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

EN 1601, EN 13132, EN 14517 Max Nil

Manganese Content, mg/l EN 16576 Max 2

Notes

1. Shall be free of Oxygenates (ethers and alcohol).

ANNEX II

High Speed Diesel (Gasoil 10ppm)

CHARACTERISTICS TEST METHODS LIMIT REQUIREMENT

Appearance ASTM D 4176

Clear & free from

visible water

sediment and

suspended water

Density @ 15 °C, kg/m3 ASTM D 4052, EN ISO 3675, EN

ISO 12185 Min-Max 820 - 845

Kinematic Viscosity, @ 40 °C, cSt ASTM D 445, EN ISO 3104 Min-Max 2.0 - 4.5

Cetane Number ASTM D 613,EN ISO 5165, ISO

15195 Min 51.0

Cetane Index ASTM D 4737, EN 15195 Min 46

Distillation

% (V/V) recovered at 250 °C ASTM D 86, EN ISO 3405 Max 65

% (V/V) recovered at 350 °C ASTM D 86, EN ISO 3405 Min 85

95 % (V/V) recovered at, °C ASTM D 86, EN ISO 3405 Max 360

Carbon reside (Rams Bottom on 10 %

Residue, % mass ASTM D 524, EN ISO 10370 Max 0.3

Flash Point, °C ASTM D 93, EN ISO 2719 Min 62

Pour Point, °C ASTM D 5950 Max -9

Cold Filter Plugging Point IP 309, EN 116, EN 16329 Max Plus 3

Cloud Point IP 219, EN 23015, ISO 3015 Max Plus 6

Strong Acid Number, mg/KOH/g ASTM D 974, ASTM D 664 Max NIL

Acidity Total, mg KOH/g ASTM D 974, ASTM D 664 Max 0.25

Cu-Strip Corrosion 3 hours at 100 °C ASTM D 130, EN ISO 2160 Max No.1

Ash, % Mass ASTM D 482, EN ISO 6245 Max 0.01

Total Sulphur, mg/Kg ASTM D 5453, EN ISO 20846, EN

ISO 20884 Max 10

Water Content, mg/kg D4377, D6304, EN ISO 12937, IP356 Max 250

Total contamination, mg/Kg IP 440, EN 12662 Max 24

Lubricity, corrected wear scar

diameter (wsd 1,4) at 60°C, microns EN ISO 12156-1, IP 450 Max 460

Oxidation Stability, g/m3 ASTM D 2274, EN ISO 12205, EN

15751 Max 25.0

Polycyclic Aromatic Hydrocarbons,

% (m/m) EN 12916 Max 11.0

Conductivity, pS/m (note 3) ASTM D2624 Min 200

Notes

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 III

Marine Gas Oil (Distillate Marine Fuel Category ISO-F DMA)

Sl.No. Characteristic Unit Limit Requirement Test Method Reference

1 Kinematic Viscosity at 40

mm2/s max. 6,000 ISO 3104

min. 2,000

2 Density at 15 C kg/m3 max. 890,0 ISO 3675 or ISO 12185;

3 Cetane Index — min. 40 ISO 4264

4 Sulfur

mass % max. 0.25 ISO 8754

ISO14596

5 Flash point °C min. 60,0 ISO 2719

6 Hydrogen Sulfide mg/kg 2,00 IP 570

7 Acid number 0,5 ASTM D664

8 Total sediment by hot filtration mass % max. — ISO 10307-1

9 Oxidation stability g/m3 max. 25 ISO 12205

10

Carbon residue – Micro

method on the 10 % volume

distillation residue

mass % max. 0,30 ISO 10370

11 Carbon residue – Micro

method

mass % max. — ISO 10370

12 Cloud point °C max. — ISO 3015

13 Pour point (upper)c °C max. -6 ISO 3016

14 Appearance Clear and Bright

15 Water volume

%

max. ISO 3733

16 Ash mass % max. 0,010 ISO 6245

17 Lubricity, corrected wear scar

diameter (WSD) at 60 °C h

µm max. 520 ISO 12156-1

Note: The Specification for Marine Gas Oil (Distillate Marine Fuel Category ISO-F

DMA) should comply as per ISO 8217 standards.

ANNEX IV

Jet Aviation Fuel (Jet A1)

Page 1 of 3

Sl.No. TESTS REQUIREMENT

TEST METHOD

1 APPEARANCE

a. Visual Appearance Clear & Bright, free

from Solid matter &

undissolved water at

ambient temperature.

Visual

b. Colour Report ASTM D 6045-12

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 565-13

> 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

b Aromatics % vol Max 25.0 ASTM D 1319-13

c Sulphur, Total % wt. Max 0.30 ASTM D 4294-10

d Sulphur Mercaptan % wt. Max 0.003 ASTM D 3227-13

Or Doctor Test Doctor Negative ASTM D 4952-12

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

Sl.No. TESTS REQUIREMENT TEST METHOD

3 VOLATILITY - -

a Distillation - IBP deg. C, Report

ASTM D 86-11b

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 4052-11 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 5972-10

b Kinematic. Viscosity at minus

20°C, cSt

Max 8.0 ASTM D 445-12

5 COMBUSTION

a Smoke point, mm ,OR Min 25 .0 ASTM D 1322-12

b Smoke Point Min 19.0 ASTM D 1322-12

- And Naphthalene, % vol Max 3.0 ASTM D 1840-13

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

6 CORROSION

Cu strip for 2 hrs @ 100°C Max No.1 ASTM D 130-12

7 THERMAL STABILITY,

JFTOT at control temperature of 260°C

ASTM D 3241-13 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. Conductivity requirement of minimum 50 pS/m applicable at discharge port.

Sl.No. TESTS REQUIREMENT TEST METHOD

8 CONTAMINANTS -

a Existent gum, mg/100ml. Max 7 .0 ASTM D 381-12

b Micro Separometer (MSEP)

rating

ASTM D 3948-13

MSEP without SDA OR

Min 85

MSEP with SDA Min 70

9 CONDUCTIVITY:

Electrical Conductivity , pS/m 50 - 600 ASTM D 2624-09

10 LUBRICITY

Wear Scar Diameter,mm,max Max 0.85 ASTM D 5001-10

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 V

FUEL OIL 180 CC

Sl. No. TESTS REQUIREMENT TEST METHOD

1 Density @ 15 °C, g/mL, Max 0.9901 ASTM D 4052-11

2 Kinematic Viscosity, cSt

@50°C,Max

172.1 ASTM D 445-12

3 Sulphur, Total % wt , Max 3.50 ASTM D 4294 -

10

4 Pour Point °C, Max. +15 ASTM D 5950-12

5 Flash Point (PMC), °C, Min. 64 .0 ASTM D 93 -12

6 Water content % vol, Max. 0.38 ASTM D 95 -13

7 Micro Carbon

Residue, % wt, Max.

14.1 ASTM D 4530-11

8 Ash, % wt , Max 0.08 ASTM D 482 -13

9 Vanadium, mg/kg, Max 194 IP 470-05

10 Aluminium+Silicon,mg/kg,

Max

56 IP 470-05

11 Total Sediment, accelerated,%

wt , Max

0.08 ASTM D4870-

09(Procedure B)

12 Total sediment, existent, % wt

,Max

0.08 ASTM D4870-09

13 Total sediment, differential,%

wt, Max

0.05 Calculation

14 Strong acid No. mg of KOH/g NIL ASTM D 664-11a

15 Total acid No, mg of KOH/g,

Max

2.7 ASTM D 664-11a

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 ASTM D 7621-13

ANNEX V / 1

Fuel Oil 180 RMG Category ISO-F- RMG 180

Characteristic Unit Limit Category ISO-F- Test Method

reference 180 RMG

As per ISO 8217:2012

Kinematic viscosity at

500Cb

mm2 max. 180.0 ISO 3104

Density at 150C** Kg/m3 max. 991.0 See 7.1

ISO 3675 or

ISO 12185

CCAI - max. 870 see 6.3 a)

SulphurC ** mass % max. Statutory requirements See 7.2

ISO 8754

ISO 14596

Flash point ** 0C min. 60 See 7.3

ISO 2719

Hydrogen Sulfide mg/kg max. 2.00 See 7.3

IP 570

Acid number4 mg

KOH/g

max. 2.5 ASTM

D664

Total sediment aged mass % max. 0.10 See 7.5

ISO

10307-2

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 See 7.7

IP 501

IP 470

Or

ISO 14597

Sodium mg/kg max. 100 See 7.8

IP 501

IP 470

Aluminium plus Silicon mg/kg max. 60 See 7.9

IP 501,

IP 470 or ISO

10478

Used Lubricating Oil

(ULO):

Calcium and Zinc; or

Calcium and

Phosphorous

mg/kg - The fuel shall be free from

ULO. A fuel shall be

considered to contain ULO

when either one of the

following conditions is met:

Calcium greater than 30 and

Zinc greater than 15; or

Calcium greater than 30 and

Phosphorous greater than 15.

See 7.10

IP 501 or IP

470

IP 500

ANNEX VI

Fuel Oil 180 SR

Sl.No. TESTS REQUIREMENT TEST

METHOD

1 Ash, % wt , Max 0.10 ASTM D 482

-13

2 Gross calorific value,

MJ/kg, Min

42.00 ASTM D

4868-10

3 Net calorific value, MJ/kg,

Min

40.00 ASTM D

4868-10

4 Micro Carbon

Residue, % wt, Max.

15.0 ASTM D

4530-11

5 Flash Point (PMC), °C,

Min.

60.0 ASTM D 93 -

12

6 Pour Point °C, Max. +15 ASTM D

5950-12

7 Density @ 15 °C, g/mL,

Max

0.9400-0.9850 ASTM D

4052-11

8 Sodium, mg/kg, Max 50 ASTM D1318

-11

9 Sulphur, Total % wt , Max 1.00-3.00 ASTM D 4294

-10

10 Vanadium, mg/kg, Max 100 IP 470-05


@50°C,Max

140-180 ASTM D 445-

12

12 Water content % vol, Max. 0.50 ASTM D 95 -

13


Max

30 IP 470-05

14 CCAI, Max 850 Calculation

15 Total Sediment,

accelerated,% wt Max

0.10 ASTM

D4870-

09(Procedure

B)

16 Total sediment, existent, ,%

wt Max

0.10 ASTM

D4870-09

Annex VI / 1

Fuel Oil 180 RMG

Note 1: The Sodium content shall be less than 1/3 of the Vanadium content in the fuel.

Note 2: Asphaltenes shall be maximum 0.7 x (Carbon Residue, Micro Method). In this case, for (Carbon

Residue, Micro Method) equal to 18 mass %, the Asphaltenes content to be maximum 0.7 x 18 = 12.6 mass

%.

Characteristic Units Maximum Value Minimum

Value

Test Method

Kinematic Viscosity @

50 Deg. C

mm2/s 180 ISO 3104

Density @ 15 Deg. C kg/m3 991.0 refer to 7.1 ISO

3675 or ISO

12185

Ash mass % 0.1 ISO 6245

Carbon Residue, Micro

Method

mass % 18 ISO 10370

Total Sediment Aged mass % 0.1 see 7.5 ISO

10307-2

Vanadium mg/kg 350 see 7.7 IP 501, IP

470 or ISO 14597

Sodium mg/kg 100 (Note 1) see 7.8 IP 501 IP

470

Sulphur mass % 3 see 7.2 – ISO

8754 ISO 14596

Water Content volume % 0.5 ISO 3733

Flash Point Deg C 60 see 7.3 ISO

2719

Pour Point Deg C 30 ISO 3016

CCAI - 860 see 6.3 a) from

ISO 8217

Aluminium + Silicon mg/kg 30 see 7.9 IP 501, IP

470 or ISO 10478

Combination of

Calcium and Zinc

mg/kg Calcium 30 and

Zinc 15

See 7.10 IP 501

or IP 470 IP 500

Combination of

Calcium and

Phosphorous

mg/kg Calcium 30 and

Phosphorous 15

See 7.10 IP 501

or IP 470 IP 500

Hydrogen Sulfide mg/kg 2 see 7.11 IP 570

Acid Number mg KOH/g 2.5 ASTM D664

Asphaltenes mass % 12.6 (see Note 2) IP 143 – 04

Gross Calorific Values KJ / Kg 42,000 ASTM 4868-00

(2005)

Net Calorific Values KJ / Kg 40,000 ASTM 4868-00

(2005)

ANNEX VII

Fuel Oil 380 CST Straight-Run product

Sl.No. TESTS REQUIREMENT

TEST METHOD


@50°C,Max

380.0 ASTM D 445-12

2 Density @ 15 °C, g/mL,

Max

0.9900 ASTM D 4052-11

3 Ash, % wt , Max 0.1 ASTM D 482 -13

4 Micro Carbon

Residue, % wt, Max.

18.0 ASTM D 4530-11

5 Total Sediment

accelerated,% wt Max

0.20 ASTM D4870-

09(Procedure B)

6 Vanadium, mg/kg,Max 200 IP 470-05

Sodium, mg/kg,Max 100 ASTM D1318 -11

8 Sulphur, Total % wt , Max 3.0 ASTM D 4294 -10

9 Water content % vol, Max. 1.0 ASTM D 95 -13

10 Flash Point (PMC), °C,

Min.

66 .0 ASTM D 93 -12

11 Pour Point °C, Max. +20 ASTM D 5950-12

12 Asphaltenes,% wT,Max 14.0 IP 143-04

13 Gross calorific

value,kJ/kg,Min

42000 ASTM D 4868-10

14 CCAI,Max 850.0 Calculated


Max

30 IP 470-05

ANNEX VII/1

Fuel Oil 380 CST - Residual Marine Fuel Category ISO-F RMG 380

Characteristic Units Maximum

Value

Minimum

Value Test Method

Kinematic Viscosity @ 50

Deg. C mm2/s 380 ISO 3104

Density @ 15 Deg. C kg/m3 991 refer to 7.1 ISO

3675 or ISO 12185

Ash mass % 0.1 ISO 6245

Carbon Residue, Micro

Method mass % 18 ISO 10370

Total Sediment Aged mass % 0.1 see 7.5 ISO 10307-2

Vanadium mg/kg 350 see 7.7 IP 501, IP

470 or ISO 14597

Sodium mg/kg 100 (Note 1) see 7.8 IP 501 IP

470

Sulphur mass % 3 see 7.2 – ISO 8754

ISO 14596

Water Content volume % 0.5 ISO 3733

Flash Point Deg C 60 see 7.3 ISO 2719

Pour Point Deg C 30 ISO 3016

CCAI - 870 see 6.3 a) from ISO

8217

Aluminium + Silicon mg/kg 30 see 7.9 IP 501, IP

470 or ISO 10478

Combination of Calcium

and Zinc mg/kg

Calcium 30;

and

Zinc 15

See 7.10 IP 501 or

IP 470 IP 500

Combination of Calcium

and Phosphorous mg/kg

Calcium 30;

and

Phosphorous

15

See 7.10 IP 501 or

IP 470 IP 500

Hydrogen Sulfide mg/kg 2 see 7.11 IP 570

Acid Number mg KOH/g 2.5 ASTM D664

Asphaltenes mass % 12.6(see Note

2) IP 143 – 04

Gross Calorific Values KJ / Kg 42,000 ASTM 4868-00

(2005)

Net Calorific Values KJ / Kg 40,000 ASTM 4868-00

(2005)

Note 1: The Sodium content shall be less than 1/3 of the Vanadium content in the fuel.

Note 2: Asphaltenes shall be maximum 0.7 x (Carbon Residue, Micro Method). In this case, for (Carbon

Residue, Micro Method) equal to 18 mass %, the Asphaltene content to be maximum 0.7 x 18 = 12.6 mass

%.

ANNEX VIII

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 two Audited Accounts (for 2017 and 2018). In case Audited

Financial Statements for 2018 not available, provide for 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 IX

PROFORMA OF PERFORMANCE BANK GUARANTEE

In consideration of the Agreement entered into between the State Trading Corporation of

Mauritius, hereinafter called "STC" and .........................................................

(name of supplier)

whose registered office is at .......................................................................................

hereinafter called the "Supplier", in accordance with emails/letters exchanged between

STC and Supplier bearing reference nos. ......................………………. dated

...........................…... for the supply of following petroleum products (list of products to be

modified as per award of contract):

PRODUCT QUANTITY (MT)

Unleaded Motor Gasoline (Mogas 95 RON) 195,000

High Speed Diesel (Gasoil 10ppm) 230,000

Marine Gas Oil (Gasoil 2500ppm) 165,000

Jet Aviation Fuel (Jet A1) 325,000

Fuel Oil 180 CST Catalytic Cracked product, or

alternatively Fuel Oil 180 CST - Residual

Marine Fuel Category ISO-F RMG 180*

55,000

Fuel Oil 180 CST Straight-Run product, or



140,000

Fuel Oil 380 CST Straight-Run product or



130,000

for supply between 1 August 2019 to 31 July 2020.

We, ............................................................................................ (name of commercial bank)

whose registered office is at ..................................................................................................

are held firmly bound jointly and in solido with the supplier unto the Buyer in the

principal sum of USD 5 million (United States Dollars five million)

...............................................................................................................................................*

for which payment well and truly to be made we bind ourselves firmly by these presents.

The condition of the above obligation being that should the said Supplier fulfill his

obligations under the said Agreement to pay, as principal debtor, then the above obligation

to be null and void, otherwise shall be and remain in full force and effect.

We agree and undertake, in the event of the Supplier's failure to perform all or any of the

Supplier's obligation under the said Agreement, to pay to the Buyer forthwith on the

Buyer's first demand and notwithstanding any dispute between the Buyer and the Supplier,

such sums of money as may be demanded by the Buyer from us subject to the condition

that our liability under this guarantee shall not exceed the aggregate amount of USD 5

million (United States Dollars five million) ………………………………………………………………………………………………

A statement from the Buyer conveyed to us confirming that the Supplier has failed to

perform any of his aforesaid obligations shall be final, conclusive and binding on us, both

as regards

Annex III Page 2

the factum of breach of contract on the part of the Supplier and the quantum of the amount

claimed from us hereunder.

We ...........................................................................................undertake not

(name of bank)

to revoke or vary this agreement, undertaking and guarantee during its currency without

the consent in writing of the buyer.

We...............................................................................................further agree

(name of bank)

that the Buyer shall be at liberty without affecting in any manner our obligations

hereunder to vary with the concurrence of the Supplier, any of the terms and conditions of

the said Agreement and/or to forbear from enforcing any of the terms and conditions

relating to the said Agreement, and we

................................................................................................................................... (name of bank)

shall not be released from our liability under this instrument by reason of any such

variation or forbearance and/or omission on the part of the Buyer, or any indulgence

shown by the Buyer to the Supplier or by any other matter or thing whatsoever which

under the law relating to sureties would, but for this provision, have the effect of so

releasing us from liability under this instrument.

This performance Guarantee shall remain valid from the date of its signature until two full

months after the expiry of the last date of the delivery month stipulated in the Agreement.

After this date if no claim has been received, this guarantee will expire automatically

whether this original has been returned to the bank or not.

* Good for the sum of

......................................…………….......................................................................................

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

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

For and on behalf of ............................................................................................................

(name of bank)

Signature .............................................................................................

Date this ..............................................................................................

*To be in the handwriting of the person authorised to sign for the Bank.

ANNEX X

FORM OF AGREEMENT

THIS AGREEMENT made in two originals the .................day of ..................., 2019

between State Trading Corporation (hereinafter called “STC” or “Buyer”) 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 25 March 2019 and in the Suppliers’ offer (hereinafter called “the

Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: -

3. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the bidding Document referred to.

4. During period 1 August 2019 to 31 July 2020, 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):

Clean Petroleum Products

Product

Quantity

Metric

Tons

Unit

Option 1:

DAP

Premium

Option 2:

FOB

Premium

Port(s) of

Loading

a) Mogas 95 RON

conforming specifications at

Annex I.

195,000

+/- 10%

at buyer’s

option

USD/Metric

Ton

b) Gasoil 10ppm


at Annex II.

230,000

+/- 10%

at buyer’s

option

USD/US

Barrel

c) Gasoil 2500ppm


at Annex III.

165,000

+/- 10%

at buyer’s

option

USD/US

Barrel

d) Jet A1


at Annex IV.

325,000

+/- 10%

at buyer’s

option

USD/US

Barrel

Dirty Petroleum Products

Product

Quantity

Metric

Tons

Unit

Option 1:

DAP

Premium

Option 2:

FOB

Premium

Port(s) of

Loading

e) (i) Fuel Oil 180 CST

Catalytic Cracked


at Annex V

55,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

e) (ii) Fuel Oil 180 CST -




at Annex V / 1

55,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

f) (i) Fuel Oil 180 CST


specifications at Annex VI

140,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

f) (ii) Fuel Oil 180 CST -




at Annex VI / 1

140,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

g) (i) Fuel Oil 380 CST


specifications at

Annex VII

130,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

g) (ii) Fuel Oil 380 CST -




at Annex VII / 1

130,000 +/-

10% at

buyer’s

option

USD/Metric

Ton

Note: The demurrage rate in USD – SHINC per day prorate shall be ………… (In

figures and words)

5. The following documents shall be deemed to form and be read and construed as part of

this Agreement, viz.:

(a) Bidding document issued by Buyer on. ....……………

(b) the Product Specifications attached to the Bidding documents

(c) the Buyer’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 Bank Guarantee, Ref. No. ………………... issued by

…………………., registered and operating in Mauritius, for the value of

USD 5 million (United States Dollars five million)

6. In consideration of the payments to be made by the Buyer to the Supplier as agreed, the

Supplier hereby covenants with the Buyer to provide the Petroleum Products in

conformity in all respects with the provisions of the Bid documents of the Contract.

7. The Buyer 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 Buyer)

Signature:………………………………………………………

In the presence of …………………………………………………………………

Signed, Sealed and Delivered by

Name of Authorized Signatory:………..…………………………………. (For the

Supplier)

Signature:………………………………………………………

In the presence of …………………………………………………………………

Annex XI

PROFORMA OF TENDER BOND

We, the undersigned Whose registered office is at …………………………. (hereinafter

called "the Surety”) …………………………………….. in order to allow

……………………….. whose registered office is at ………………………… (hereinafter

called "the Bidder") to submit a bid for the abovementioned Contract, hereby irrevocably

and independently, guarantee to pay State Trading Corporation, having its office at 55

Business Zone, Ebene Cybercity 72201, Ebene, Reduit, Mauritius (Hereinafter called "the

Buyer") without delay any amount up to a total of US Dollar 500,000 (In Words: five

hundred thousands) waiving all objections and defences. We shall effect payments under

this guarantee on your first written demand, which must be accompanied by your

confirmation that you have accepted the above mentioned bid and that the Bidder is not

prepared to abide by its Bid viz:

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

the Bid Submission Form; or

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

(c) successful Bidder fails to sign the Contract or furnish a Performance Bank Guarantee.

The Bidder has, by a Bid (hereinafter called the "said Bid") made to the Buyer, offered to

enter into a Contract namely Supply of Petroleum Products and has undertaken to enter

into a Performance Bank Guarantee for the due performance of the Contract should the

said Bid be accepted by the Buyer.

NOW THE CONDITION of this Bond is such that if the Bidder shall maintain the said

Bid and shall enter into a Performance Bank Guarantee for the due performance of the

Contract within 10 days of receipt of notification of acceptance of the said Bid by the

Buyer, then this obligation shall be null and void but otherwise shall be and remain in full

force and effect until 9 August 2019, by which date we must have received any claims by

registered letter, telegram, telex or telefax. It is understood that you will return this

guarantee to us on expiry after settlement of the total amount to be claimed hereunder. This guarantee expires ‘ipso facto’ on 9 August 2019 by the time of closure of banking

business to the public and shall be considered automatically cancelled by the mere expiry

of the above day without necessity for further notice of any type or nature and whether or

not the original is returned to us for cancellation.

Dated at Port Louis this .............................................. day of .................

*… ……………………........................................................................... (Good

for the sum of United States Dollars 500,000)

Signature : ..........................................

Bank : ..........................................

* to be in the handwriting of the person/s authorised to sign for the

Bank.

Annex XII

Bid Submission Checklist

Bid Reference No.: STC/01/18

Description Attached (please tick if

submitted and cross if not)

Bid Form

Tender Bond

Eligibility evidence

(i) Company profile, Past Experience and References

where similar services have been provided (as per

format at Annex VIII)

(ii) Last two years’ Audited Financial Statements (2017

& 2018). In case Audited Financial Statements for

2018 note available, provide for 2016 & 2017)

(iii) Document with history of litigation, if any

Name of

Bidder(s):

Contact Person:

Phone

Number:

Fax:

Email:

Name of authorized signatory:

Signature of authorized signatory:

Company Seal