the republic union myanmar ministry energy for expression ... · pdf filethe republic of the...

The Republic of the Union of Myanmar Ministry of Energy

Invitation for Expression of Interest (EOI) from Interested Parties for Sales and Distribution of Jet Fuel

1 The Myanma Petroleum Products Enterprise (MPPE) is a state‐owned enterprise which is responsible for

carrying out the retail and wholesale distribution of petroleum products under the Ministry of Energy (MOE) in Myanmar. The MPPE is currently distributing jet fuel in 11 airports in the Republic of the Union of Myanmar.

2 In order to better serve customers in the importation, storage, distribution and sales of jet fuel in

Myanmar’s airports and to improve the management of the business while conducting environmentally friendly operations, the Government and the MPPE are seeking an experienced partner to form a joint venture. The purpose of the future joint venture company is to operate and improve the existing Jet Fuel Distribution Enterprise’s business activity at the Yangon International Airport first. At a later stage, negotiations will be opened with the MPPE to expand the joint venture to the remaining 10 airports.

3 Interested foreign companies should please submit the Letter of Expression of Interest together with a

completed Pre‐Qualification Application form (posted on MOE’s website) attached with the following documents endorsed by Myanmar Embassy in the respective country, to Managing Director, Myanma Petroleum Products Enterprise, Ministry of Energy, Office No. 6, Nay Pyi Taw, by 16:30 hourson 16‐6‐2014, at the latest, by hand.

(a) Certificate of incorporation (b) Memorandum of association (c) Articles of association (d) Company profile (e) Financial statements for last three years

4. Pre‐qualification applications that cannot include all the documents under the above paragraph (3) and that cannot reach the above address by 16:30 hours on 16‐6‐2014 will not be considered.

5. Applicants shall be the company running jet fuel distribution at at least three international airports in three different countries.

6. Documents and detailed information regarding EOI are available at http://www.energy.gov.mm/ index.php/en/information/announcement and applicants can personally contact jetfueltender@gmail. com and the following address if they have any further queries:

Managing Director

Myanma Petroleum Products Enterprise

Ministry of Energy

Office No. 6, Nay Pyi Taw,

Tel: 067‐411 488; 067‐411 053; 067‐411 119; 067‐411135

Fax: 067‐411 101

Email: [email protected]

JOINT VENTURE PARTNER IN THE JET FUEL IMPORTATION STORAGE DISTRIBUTION

ENTERPRISE OF MYANMA PETROLEUM PRODUCTS ENTERPRISE TENDER EVALUATION AND

SELECTION COMMITTEE

REPUBLIC OF THE UNION OF MYANMAR

Joint Venture Partner in the Jet Fuel Importation, Storage, Distribution Enterprise of Myanma

Petroleum Products Enterprise Tender Evaluation and Selection Committee

Nay Pyi Taw

Rules for Pre-qualification Applications

Regarding a Joint Venture in the Jet Fuel Importation, Storage, Distribution Enterprise of


XX May 2014

JOINT VENTURE PARTNER IN THE JET FUEL DISTRIBUTION ENTERPRISE OF MYANMA

PETROLEUM PRODUCTS ENTERPRISE TENDER EVALUATION AND SELECTION COMMITTEE

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TABLE OF CONTENT

1 Introduction ......................................................................................................................................................... 2

2 Evaluation process for pre-qualification ........................................................................................................... 2

3 Requirements for pre-qualification ................................................................................................................... 3

4 Format and submission of Application ............................................................................................................. 3

5 Preparation of the Application .......................................................................................................................... 4

6 General issues ...................................................................................................................................................... 5

7 Definitions ............................................................................................................................................................ 6

ANNEX A – LETTER OF APPLICATION FOR PRE-QUALIFICATION ......................................................... 9

ANNEX B – PRE-QUALIFICATION CHECKLIST............................................................................................. 10

ANNEX C – EXPERIENCE DATA SHEET............................................................................................................. 0



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1 Introduction

1.1 The Myanmar Petroleum Products Enterprise (MPPE) is a state-owned enterprise which is responsible

for carrying out retail and wholesale distribution of petroleum products in Myanmar. The MPPE operates

the supply of fuel to airlines and aircraft owners and operators in 11 airports in the Republic of the Union

of Myanmar. The activity of MPPE’s Jet Fuel Distribution Enterprise comprises the importation, storage

and distribution of jet fuel to airlines and aircraft owners. In order to better serve customers in the

importation, storage, distribution and sales of jet fuel in Myanmar’s airports, improve the management of

the business while conducting environmentally friendly operations, the MPPE is seeking an experienced

partner to form a Joint Venture. The purpose of the future Joint Venture is to operate and improve the

existing Jet Fuel Distribution Enterprise’s business activity at the Yangon International airport first. At a

later stage negotiation will be opened with MPPE to expand the Joint Venture business to the remaining

10 airports.

1.2 The new Joint Venture will be formed under the Foreign Investment Law and Special Companies Act.

The MPPE will contribute to the Joint Venture through land lease rights, facilities, and certain existing

contracts. The Joint Venture will be granted all required investment and operating licenses according to

existing laws and regulations for the acquisition, storage and sale of jet fuel.

1.3 The MPPE requires an initial ownership interest of at least 51% in the proposed Joint Venture. Subject to

negotiation, the duration of the Joint Venture will be 30 years from the date of its establishment.

1.4 The MPPE has delegated the authority to shortlist the Pre-qualified Applicants that meet the

requirements detailed in these Pre-qualification Rules to the Selection Committee (the Committee).

1.5 These Pre-qualification Rules consist of the following seven sections:

SECTION 1 Introduction

SECTION 2 Evaluation process for pre-qualification

SECTION 3 Requirements for pre-qualification

SECTION 4 Format and submission of the Application

SECTION 5 Preparation of the Application

SECTION 6 General issues

SECTION 7 Definitions

2 Evaluation process for pre-qualification

2.1 Evaluation of applications

The Committee shall conduct a full review of the Pre-qualification Applications based on:

a) The requirements detailed in Section 3

b) The information required in Section 5

2.2 Notification of pre-qualification

The Committee shall inform all Applicants of the result of the pre-qualification in writing. The Pre-qualified

Applicants will be invited to respond to an Invitation to Tender (ITT). The Committee may hold Q&A sessions

with Applicants at this stage to refine its ITT.



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3 Requirements for pre-qualification

3.1 An Applicant shall be a Corporation or Consortium as defined in Section 7.

3.2 The Applicant shall meet the following experience requirements:

a) The Applicant has operated, for at least three consecutive years, the supply in jet fuel of at least

three airports, each located in a different country; and

b) The Applicant is managing supply contracts with at least 10 different aviation customers.

If the Applicant is a Consortium, the requirements in Section 3.2 shall be met by at least one of the

Members.

3.3 The Applicant shall nominate an Authorized Representative and a back-up Authorized Representative by

signing the Letter of Application provided in Annex A - Letter of Application for Pre-qualification. The

Authorized Representative shall have the authority to act for and on behalf of the Applicant during the

pre-qualification process. If the Applicant is a Consortium, the Applicant shall nominate an Authorized

Representative and a back-up Authorized Representative for each Member of the Consortium. The form

and procedure of for an Applicant to nominate an Authorized Representative is considered an internal

matter of the Applicant.

4 Format and submission of the Pre-qualification Application

4.1 The Applicant shall submit its Pre-qualification Application by hand to the following address:

Director


Ministry of Energy

Office Building No. 6

Nay Pyi Taw

Republic Of The Union Of Myanmar

4.2 The Applicant shall also submit a copy of its Application by email to both following email addresses:

[email protected] and [email protected]

4.3 The Applicant shall seal the original and the copies of the Pre-qualification Application in an envelope

addressed to the “The Director, Myanma Petroleum Products Enterprise”; and marked with the name and

address of the Applicant.

4.4 Applications shall be submitted no later than 4:30 pm (Myanmar time) on the 16th

June 2014. In this

regard, for Pre-qualification Applications submitted as per Section 4.1, the time of submission shall be

the time of the signature acknowledging receipt of the submission by the Myanma Petroleum Products

Enterprise.

4.5 The Applicants are expected to examine in detail the documents comprising these Pre-qualification

Rules. The Committee may reject any Applicant that fails to provide the requested information.

4.6 The Applicants shall submit one (1) original of the Pre-qualification Application written in English.

mailto:[email protected]

mailto:[email protected]



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4.7 The Applicant shall provide two (2) CD-ROMs, each containing a copy of the Pre-qualification

Application in PDF format. The two CD-ROMs shall be included in the envelope with the Application.

The Applicant shall also send a copy of the Pre-qualification Application in PDF format by email to the

two email addresses mentioned above (4.2)

4.8 The Myanma Petroleum Products Enterprise shall not accept any Pre-qualification Application received

after the deadline for submission.

4.9 The Committee shall proceed with the opening of the Pre-qualification Applications shortly after the

deadline for the submission for Pre-qualification Applications.

4.10 An Applicant shall submit only one Pre-qualification Application.

If the Applicant is a Corporation, the Applicant may not:

a) be part of a Consortium that submits a Pre-qualification Application;

b) hold a direct or indirect interest of more than 50% in any other Applicant.

If the Applicant is a Consortium:

a) no Member of the Consortium may submit an individual Pre-qualification Application;

b) no Member of the Consortium may be a Member of another Consortium that submits a Pre-

qualification Application;

c) no Member of the Consortium may hold a direct or indirect interest of more than 50% in any other

Applicant or Member of another Consortium that submits a Pre-qualification Application.

5 Preparation of the Pre-qualification Application

5.1 Letter of Application

The Applicant shall submit a Letter of Application using the template provided in Annex A – Letter of

Application for Pre-qualification.

5.2 Authorized Representative information

The Applicant shall provide the name, address, email address, telephone, facsimile and mobile numbers for the

Authorized Representative using Annex B – Pre-qualification Checklist. If the Applicant is a Consortium, the

Applicant shall provide this information for each Member’s Authorized Representative.

5.3 Applicant information

The Applicant shall provide the following additional information:

5.3.1 its full legal name, the address of its principal executive office, its legal form, email address

and telephone and facsimile numbers. If the Applicant is a Consortium, the Applicant shall

provide this information for each Member of the Consortium.



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5.3.2 date and place of incorporation. If the Applicant is a Consortium, the Applicant shall provide

this information for each Member of the Consortium that is a Corporation.

5.3.3 a description of the Applicant’s business divisions and Affiliates.

5.3.4 a copy of the Applicant’s certificate of incorporation, memorandum of association, articles of

association or bylaws. If the Applicant is a Consortium, the Applicant shall provide this

information for each Member of the Consortium.

5.3.5 full names and addresses of all the company officers and directors and key personnel of the

Applicant.

5.3.6 if the Applicant is a Consortium, the document establishing the Consortium, such as a copy of

any memorandum of understanding, cooperation agreement, or similar agreement relating to

the proposed business.

5.4 Experience in supplying jet fuel at airport

The Applicant shall provide details of its previous experience in jet fuel supply at airports using the template

contained in Annex C – Experience Data Sheet.

5.5 Audited financial statements

5.5.1 The Applicant shall provide its audited financial statements for its last three financial years

(2011, 2012 and 2013).

5.5.2 If the Applicant is a Consortium, the Applicant shall submit audited financial statements for

each Member of the Consortium.

6 General issues

6.1 The Committee may, at its own discretion, amend the Pre-qualification Rules. Any amendment to the

Pre-qualification Rules shall be communicated in writing to the Applicants.

Applicants requiring clarification on any part of the Pre-qualification Rules may send their questions by

email to the Committee no later than the 30th

of May 2014 to the contacts provided on the advertisement.

6.2 The Committee shall provide clarification in writing or by email to one or, depending on the issue, all

Applicants, without disclosing the identity of the Applicant from which the inquiry was made.

6.3 The Applicant is required to bear his or her own costs, including for any travel and time-related costs

associated with the Pre-qualification Application, regardless of the result of the Pre-qualification

Application.

6.4 The Applicant is not committed to bid until the Applicant replies to the ITT.

6.5 The Committee reserves the right, for any reason, to cancel the entire Joint Venture Partner Selection

Process.

6.6 The Applicant should notify the Committee in writing and by email of any changes in control of the

Applicant or, if the Applicant is a Consortium, any Member of the Consortium, that occurs between the

submission of the Pre-qualification Application and the ITT.



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6.7 The selected bidder will have the possibility to establish a special investment vehicle to hold the shares

of the future Joint Venture.

7 Definitions

In this document, unless the subject matter or context requires otherwise, the following capitalized terms will

have the following meanings:

Affiliate

A company or entity in which the Applicant or, if the Applicant is a Consortium, any Member of the

Consortium, has a direct or indirect controlling interest of less than 50%.

Applicant

A Corporation or a Consortium that has submitted, or intends to submit, a Pre-qualification Application.

Authorized Representative

A person authorized by an Applicant to make commitments, enter into contracts on behalf of the Applicant

or, if the Applicant is a Consortium, a person authorized by a Member of the Consortium on behalf of the

Member of the Consortium.

Committee

Selection body established by the Union Government to review and evaluate the Pre-qualification

Applications for the selection of a partner to form a joint venture with the MPPE.

Consortium

An Applicant that is composed of two or more legal entities.

Corporation

A company or group of companies authorized to act as a single entity and recognized as such under the law.

Experience Data Sheet

Document provided as Annex C – Experience Data Sheet, on which Applicants provide details of their

previous relevant experience.

Invitation to Tender

This is the initial step of the competitive tendering process in which Pre-qualified Applicants are invited to

submit sealed bids to form a Joint Venture to carry out the jet fuel importation, storage, distribution and sale

at the Yangon International airport in Myanmar, currently managed by the Jet Fuel Distribution Enterprise



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Jet Fuel Distribution Enterprise

A business division of the MPPE which manages the jet fuel supply of 11 airports in the Republic of the

Union of Myanmar.

Joint Venture

A company comprising the MPPE and a Corporation or Consortium and incorporated in accordance with

Myanmar law, whose purpose will be to operate and develop the supply business of jet fuel in certain

airports in Myanmar, currently operated by the MPPE.

Joint Venture Partner Selection Process

The process of choosing from among the Pre-qualified Applicants one Applicant to form a Joint Venture

with the MPPE.

Letter of Application

The cover letter that accompanies the Pre-qualification Application.

Management Control

An entity has Management Control over another entity when the first entity manages the day-to-day

operations of the second entity, provided that the first entity has the authority to make decisions or

otherwise engage in practices or activities that determine or significantly influence the nature or types of

services provided by the second entity.

Member

Any entity that has agreed with one or several other entities to form a Consortium for the purpose of

submitting a Pre-qualification Application to the Committee.

MPPE

The Myanma Petroleum Products Enterprise, a state-owned enterprise under the Ministry of Energy.

Pre-qualification Application

The materials submitted by an Applicant seeking to become a Pre-qualified Applicant, including the Letter

of Application, the information required by the Rules, and any accompanying annexes.

Pre-qualification Checklist

Document provided as Annex A – Pre-Qualification Checklist.

Pre-qualification Rules

The procedures and requirements contained in this document regarding the Pre-qualification Application.



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Pre-Qualified Applicant

An Applicant whose Application has been found by the Committee to meet the requirements to participate

in the Joint Venture Partner Selection Process.

Subsidiary

A company or entity in which the Applicant or, if the Applicant is a Consortium, any Member of the

Consortium, has a controlling interest of more than 50%.



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ANNEX A – LETTER OF APPLICATION FOR PRE-QUALIFICATION

Director


Ministry of Energy

Office Building No. 6

Nay Pyi Taw

The Republic of the Union of Myanmar

Dear Sir or Madam:

Re: Pre-qualification Application to form a joint venture with the Myanma Petroleum Products

Enterprise for Jet Fuel Importation, Storage and Distribution

I, ___________________________, hereby submit on behalf of ______________________[If the Applicant is

a Consortium substitute: on behalf of a Consortium consisting of ________, ________and ________] (the

Applicant), one (1) original in English of the Applicant’s Pre-qualification Application.

I am duly authorized to submit this Pre-qualification Application on behalf of the Applicant and to respond to

any questions in respect of the Pre-qualification Application.

I certify the accuracy and completeness of the information provided in the Pre-qualification Application.

Should you have any questions or if clarification is required, we may be contacted at the coordinates indicated in

Annex B.

Dated ____________________, 2014

____________________________________

Name:

Title:



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ANNEX B – PRE-QUALIFICATION CHECKLIST

The following checklist shall be completed and included with the Pre-qualification Application.

1. Applicant Information

Applicant: ______________________________

______________________________

Authorized Representative(s): ______________________________

Mailing address:

______________________________

______________________________

______________________________

______________________________

Contact telephone number: ______________________________

Contact facsimile number: ______________________________

Contact mobile number: ______________________________

Contact email: ______________________________

Signature of Authorized Representative: ______________________________

Back-up Representative(s): ______________________________

Mailing address:

______________________________

______________________________

______________________________

______________________________

Contact telephone number: ______________________________

Contact facsimile number: ______________________________

Contact mobile number: ______________________________

Contact email: ______________________________

Signature of Back-up Representative(s): ______________________________



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2. Required information

Information required Reference

to Section

Annex A – Letter of Pre-qualification Application 5.1

Annex B – Pre-qualification Checklist 5.2

Full legal name, address of principal executive office, legal form, email address and telephone

and facsimile numbers

5.4.1

Date and place of incorporation

Description of the Applicant’s business divisions and Affiliates

5.4.2 and

5.4.3

Certificate of incorporation, memorandum of association, articles of association and bylaws

Full names and addresses of all company officers, directors and key personnel of the

Applicant

5.4.4 and

5.4.5

Consortium information:

The document establishing the Consortium such as a copy of any memorandum of

understanding, cooperation agreement or similar agreement relating to the proposed

business

5.4.6

Experience in jet fuel supply at airports using Annex C – Experience Data Sheet 5.5

Audited financial statements for the Corporation, or if a Consortium, for each Member of the

Consortium

5.6

JOINT VENTURE PARTNER IN THE JET FUEL IMPORTATION STORAGE DISTRIBUTION ENTERPRISE OF MYANMA PETROLEUM

PRODUCTS ENTERPRISE TENDER EVALUATION AND SELECTION COMMITTEE

ANNEX C – EXPERIENCE DATA SHEET

Jet fuel storage and supply at airports

Number of airports operated

Total volume (in cubic meters) of jet fuel supplied to aviation customers in

the last three (3) years

Name and location of the three main airports operated

For each of these three airports operated:

- Name of aviation customers

- Specifications and standards of jet fuel supplied

- Volume of jet fuel supplied (in cubic meters)

- Description of storage tanks and fueling equipments

Example(s) of airport fuel depots construction (specifications and standards)

Existing joint venture with The Government Authorities in jet fuel supply