SPECIFICATION OF ESSENTIAL TERMS OF THE CONTRACT. (hereinafter referred to as the SIWZ ) FOR THE DELIVERY OF NEW CASING AND TUBING PIPES

Transcription

1 Awarding Entity s Company Stamp LOTOS Petrobaltic S.A. ul. Stary Dwór 9, PL Gdańsk tel fax NIP: PL ; REGON Ref. No. FH/ZP-14/2013 SPECIFICATION OF ESSENTIAL TERMS OF THE CONTRACT (hereinafter referred to as the SIWZ ) FOR THE DELIVERY OF NEW CASING AND TUBING PIPES CONTRACT AWARD PROCEDURE: OPEN TENDER GDAŃSK 2013 Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 1/19

2 I. PRELIMINARY INFORMATION 1. LOTOS Petrobaltic Spółka Akcyjna (hereinafter the Awarding Entity ) Gdańsk ul. Stary Dwór 9, Poland, hereby invites you to submit tenders in an open tender contract award procedure. The legal basis for awarding of a contract is provided in Art in connection with Art of the Act on Public Procurement Law. 2. The subject of the contract award procedure consists of the delivery of new casing and tubing pipes (manufactured ), pursuant to the technical specification described in section II.1. of the SIWZ. 3. The procedure shall be carried in accordance with the Act on Public Procurement Law of 29 January 2004 (Dz. U.[Journal of Laws] of 2007, No. 223, item 1655, as amended) (hereinafter the PPL or Act ), secondary regulations issued on its basis and these Specification of Essential Terms of the Contract. 4. Awarding Entity s details: a) registered seat: Gdańsk, ul. Stary Dwór 9, Poland b) telephone: +48 (58) , fax: +48 (58) , pp@lotospetrobaltic.pl c) KRS (Court Register) no.: , NIP tax no.: PL II. Procurement marking: FH/ZP-14/2013; Notice: in any correspondence addressed to Awarding Entity, the procurement marking shall be indicated. DESCRIPTION OF THE SUBJECT OF THE CONTRACT The subject of the contract is the delivery of new casing and tubing pipes, having a manufacturer s certificate, in accordance with the following technical specification: No. of task Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Description ⅜ 9 ⅝ 7 Tubing pipes 3 ½ Tubing pipes 2 ⅞ Pup joint tubings 2 ⅞ Quantity 200 m 214 m) m m) m m) m m) m m) m m) 6 sets Wall thickness 11,13/ 12,7 mm 9,65/ 10,92/ 12,19 mm 10,03/11,05 mm 9,19 mm 6,45 mm 5,51 mm (6,4 ppf) 5,51 mm (6,4 ppf) Steel grade J-55/ K-55 J-55/ K-55 N-80/ L-80 N-80/ L-80 N-80/ L-80 The type of joint BCSG BCSG HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam TDS/TPG Length classification N80 TPG (TDS) R2 N80 hereinafter referred to as delivery of casing and tubing pipes. 2. The offered pipes shall be new date of manufacture TPG (TDS) Not applicable 3. The offered pipes shall be manufactured according to API Spec. 5T, certificates confirming manufacture of pipes according to API Spec. 5CT shall be delivered with the pipes. 4. The offered pipes shall meet requirements of PSL-1 and PSL 2 (according to ISO 11960) standards. Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 2/19

3 5. The offered pipes shall be manufactured and marked in accordance with the PN-EN ISO (API SPEC 5CT) standard. 6. In the event of raising doubt during the acceptance of the delivery pipes accordance the delivered pipers with the Subject of Contract, on the request of the Awarding Entity, the Contractor at his own cost will order an inspection of pipes by an external auditor, who will be first accepted by the Awarding Entity and afterwards the Contractor will submit a Protocol of receipt in accordance with PN-EN All offered pipes under a particular category (consecutive table rows) must be uniform, i.e.,. the same type and manufacturer. The Awarding Entity shall not accept offers with various kinds of pipes within each category described in the table rows. 8. The pipe connections must be secured with thread grease recommended by the manufacturer. 9. The subject of the contract comprises Pipeline, piping, pipes, casing, tubing, and related items in accordance with the code of the Common Procurement Vocabulary (CPV): The Awarding Entity does not intend to conclude a framework agreement. 11. The Awarding Entity allows submission of tenders for lots separately for execution of Task 1 and/or separately for execution of Task 2 and/or separately for execution of Task 3 and/or separately for execution of Task 4 and/or separately for execution of Task 5 and/or separately for execution of Task The Awarding Entity does not allow submission of variants each Contractor under pain of nullity or exclusion may submit only 1 (one) tender. 13. The Awarding Entity does not intend to establish a dynamic purchase system and does not envisage selecting the best offer with the use of an electronic bidding procedure. 14. The Awarding Entity does not intend to refund costs of participation in the procedure. 15. The Awarding Entity does not envisage any advance payments for the contract performance. III. DATE AND PLACE OF CONTRACT PERFORMANCE 1. The required date for contract performance: a) in case of Task 1 to 5: between 1 st and 30 th June b) in case of Task 6: between 1 st and 31 st March The place of contract performance: the Awarding Entity s registered seat. 3. The transport of each delivery of the subject of the contract will be carried out after consultation and arrangement with the Awarding Entity, in accordance with the DDP INCOTERMS The date of each part of delivery will be agreed seven days in advance with the persons referred to in the agreement - responsible for the supply. IV. CONDITIONS FOR PARTICIPATION IN THE PROCEDURE AND DESCRIPTION OF THE METHOD USED FOR THE EVALUATION OF THE FULFILMENT OF THOSE CONDITIONS 1. Eligible to compete in the procedure shall be Contractors who meet the terms and conditions specified in Art of the PPL and these SIWZ. Contractors competing for a contract shall meet the conditions relating to: Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 3/19

4 1.1. authorisations to perform specific activities or actions, if such authorisations are required by the law; the assessment of meeting the eligibility condition for participation in the procedure shall be performed pursuant to a statement on fulfilment of conditions for participation in the procedure, 1.2. knowledge and experience: Contractors shall have experience in execution of the subject of contract, i.e. over the last 3 years before submission of tender and if the period of activity is shorter, in this period, they have executed deliveries for the value equal to or higher than: a) in case of Task 1 delivery of new casing pipes 1.000,- m, b) in case of Task 2 delivery of new casing pipes 5.000,- m, c) in case of Task 3 delivery of new casing pipes ,- m, d) in case of Task 4 delivery of new casing pipes ,- m, e) in case of Task 5 delivery of new tubing pipes ,- m, f) in case of Task 6 delivery of new tubing pipes ,- m. assessment of the fulfilment of the condition will be made on the basis of an analysis of the reference list of supplies. In case an offer concerning more than one task from 1 to 4 is submitted, the condition concerning delivery of the highest length of delivered casing pipes shall apply (e.g. in case of offer concerning Tasks 1, 2 and 3 delivery of at least m of casing pipes shall constitute the applicable condition). Conditions concerning Tasks 5 and 6 shall be fulfilled separately, regardless of the fulfilment of conditions concerning Tasks 1 to economic and financial standing: Contractors must have generated revenues from sales of a minimum of a) in case of Task ,00 PLN per annum, b) in case of Task ,00 PLN per annum, c) in case of Task ,00 PLN per annum, d) in case of Task ,00 PLN per annum, e) in case of Task ,00 PLN per annum, f) in case of Task ,00 PLN per annum. over the last three years, which shall be confirmed by their statement on the amount of revenues from sales in each of the last three financial years or the profit and loss account for these years and if the duration of economic activity is shorter for that period. In case an offer concerning more than one task is submitted, the sum of conditions applicable to respective tasks shall apply (e.g. in case of offer concerning Tasks 1, 2 and 3 revenues from sales of ,00 PLN per annum shall constitute the applicable condition); 2. Eligible to participate in the procedure shall be Contractors who are not excluded pursuant to Art. 24 of the PPL. The provisions of Art. 24 of the PPL also apply in case whereby a Contractor relies on resources of other economic operators pursuant to the principles specified in Art b of the PPL. 3. The assessment of fulfilment of the above conditions shall be performed in accordance with the fulfilled/not fulfilled formula based on the information included in the documents and statements listed in section V. The contents of enclosed statements shall clearly indicate that the Contractor has fulfilled the said conditions. The Awarding Entity shall request Contractors who have not submitted at a defined date statements and documents confirming fulfilment of the eligible conditions for participation in the award procedure or who have submitted documents containing errors to have them supplemented in accordance with Art. 26 of the PPL. Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 4/19

5 V. INFORMATION CONCERNING DECLARATIONS AND DOCUMENTS TO BE PROVIDED BY CONTRACTORS TO CONFIRM THE FULFILLMENT OF THE CONDITIONS FOR PARTICIPATION IN THE CONTRACT AWARD PROCEDURE DESCRIBED IN SECTION IV To demonstrate fulfilment of the conditions by the Contractor that are referred to in Art of the PPL and no grounds for exclusion from the contract award procedure under circumstances that are referred to in Art of the PPL, the Contractor shall submit the following documents: 1.1. a statement about no grounds for exclusion in accordance with Art. 24 of the PPL (acc. to the form provided on the website also applies to subcontractors employed by the Contractor Art of the PPL, 1.2. a statement about the fulfilment of the conditions for participation in the contract award procedure pursuant to Art of the PPL (acc. to the form provided on the website a current excerpt from a relevant register or a valid certificate confirming an entry in the business register, if separate regulations require an entry into a register or filing in the business register, issued not earlier than 6 months before expiry of the tender submission date, and with reference to natural persons - statement regarding the scope of Article 24.1(2) of the PPL 1.4. current information from the National Register of Criminal Records to the extent specified in Art to 8 of the PPL issued not earlier than 6 months before expiry of the tender submission date, 1.5. current information from the National Register of Criminal Records to the extent specified in Art of the PPL, issued not earlier than 6 months before expiry of the tender submission date, 1.6. a valid certificate by a relevant head of the Tax Revenue Office confirming that a Contractor is not in areas with payment of taxes or a certificate that it has been legally exempted, its outstanding payments have been deferred or divided into instalments or the execution of a decision of a competent authority has been stopped issued not earlier than 3 months before expiry of the tender submission date, 1.7. a valid certificate by a relevant branch of the Social Insurance Institution (ZUS) or the Agricultural Social Insurance Fund (KRUS) confirming that a Contractor is not in areas with payment of health and social insurance premiums or confirming that it has been legally exempted, its outstanding payments have been deferred or divided into instalments or the execution of a decision of a competent authority has been stopped issued not earlier than 3 months before expiry of the tender submission date, 1.8. a list of deliveries performed during the last three years (and if the period of economic activity is shorter during that period) before deadline for offer submission containing the values of completed deliveries, performance dates and information about the entities to which deliveries were provided, which will allow to verify the submitted information: a) In case of Task 1: completed deliveries of casing pipes of the quantity equal to or greater than m b) In case of Task 2: completed deliveries of casing pipes of the quantity equal to or greater than m c) In case of Task 3 and/or Task 4: completed deliveries of casing pipes of the quantity equal to or greater than m d) In case of Task 5: completed deliveries of tubing pipes of the quantity equal to or greater than m Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 5/19

6 e) In case of Task 6: completed deliveries of tubing pipes of the quantity equal to or greater than m 1.9. a statement on the amount of revenues from sales in each of the last three financial years or the profit and loss account for these years and if the duration of economic activity is shorter for that period a list of bodies belonging to the same capital group as Contractor as provided for in art. 24 item 2 point 5 PPL, or information that they do not belong to any capital group. 2. If a Contractor has its registered office or place of residence outside the territory of the Republic of Poland, instead of the documents that are referred to in sections V.1.3 and V.1.5 to V.1.7, it shall submit documents in compliance with Art. 2 of the Regulation of the Prime Minister of 19 February 2013 on the types of documents which may be requested by the contracting authority (Awarding Entity) from the economic operator (Contractor) and forms in which these documents may be submitted, i.e.: 2.1. Instead of documents that are referred to in section V.1.3, V.1.5, V.1.6, and V.1.7 it shall submit a document or documents issued in the country in which it has its registered office or place of residence, confirming, respectively that: a) no winding-up or bankruptcy procedure has been announced against it, b) it is not in areas with payment of taxes, charges, social and health insurance premiums, or it has been legally exempted, its outstanding payments have been deferred or divided into instalments or the execution of a decision of a competent authority has been stopped or the execution of a decision of a competent authority has been stopped in its entirety, c) no decision prohibiting it from competing for contracts has been issued against 2.2. Instead of the document that is referred to in section V.1.4., it shall submit a certificate of a court or administrative authority competent for its place or residence or residence of a person whom such documents concern, to the extent specified in Art to 8 of the PPL Documents that are referred in section V.2.1 letter a and c and in section V.2.2 shall be issued not earlier than 6 months before expiry of the submission date of applications for admission to participation in the contract award procedure, and the document that is referred to in section V.2.1 letter b shall be issued not earlier than 3 months before the expiry of the submission date of applications for admission to participation in the procedure If (according to the information available on in the place of residence of a person on in the country in which a Contractor has its registered Office or place of residence, they do not issue documents that are referred to in section V.2.1 and V.2.2, they shall be replaced with a document containing a statement made before a notary public, a competent court or administrative authority or a selfgovernment professional or economic body of the country of origin or the country in which a contractor has its registered office or place of residence. A reservation about issuance dates of such documents given in section V.2.3 shall be applied accordingly. 3. In case of Contractors who jointly compete for awarding of contract, it shall be required that each of contractors submits documents described in section V.1. with the exclusion of sections V.1.1. and V The documents described in sections V.1.1 and V.1.2. shall be submitted (and signed) on behalf of all contractors by an attorney appointed to represent Contractors in the contract award procedure. The documents mentioned in sections V.1.2, V.1.8. and V.1.9 shall be submitted by Contractors acting jointly who demonstrate partial fulfilment of the condition that is confirmed by the requested document. 4. To demonstrate fulfilment of the conditions referring to the subject of the contract, Contractors shall submit: Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 6/19

7 4.1. certificate(s) of compliance with required standards, understood as submission of the following documents: VI. for each of the Task (Task 1-Task 4): [1] declaration that the offered casing pipes shall be new date of manufacture [2] a certificate confirming that the manufacturer of the offered pipes holds valid API certificate [3] a declaration confirming that the certificates (approvals) confirming that the pipes were manufactured in accordance with the following standards: API Spec. 5D, API Spec 7 will be delivered with the pipes [4] declaration that the offered casing pipes meet the requirements of the PSL-1 and PSL 2 standards (according to ISO 11960) [5] declaration confirming that the offered casing pipes are manufactured in accordance with the following standards: PN-EN ISO (API SPEC 5CT) [6] declaration that in the event of raising doubt during the acceptance of the delivery pipes accordance the delivered pipers with the Subject of Contract, the Contractor will, if requested by the Awarding Entity, order at his own cost an inspection of pipes by an external auditor, firstly accepted by the Awarding Entity and submit a Protocol of receipt in accordance with PN-EN MANNER OF TENDER PREPARATION 1. Contractors shall be obliged to become thoroughly acquainted with information contained in the SIWZ and prepare a tender in accordance with the requirements specified in that document and the PPL. 2. All the costs relating to the preparation of a tender shall be borne by a Contractor subject to a reservation provided in Art of the PPL. 3. Pursuant to Art. 9.1 and 9.2 of the PPL the tender and appendices shall be written in Polish or English, otherwise be invalid and signed by a person/s authorised to represent a Contractor externally and also to make and receive statements of intent on its behalf. If the tender and appendices are signed by the Contractor s attorney, the tender shall have to be appended with a suitable power of attorney for a person/s signing the tender, which specifies the scope, and is executed by persons authorised to represent the Contractor. A photocopy of the power of attorney has to be certified as true copy by a person/s granting such power of attorney or submitted in a copy certified by a notary public. 4. In the event of a tender submitted by Contractors who jointly compete for contract award, there shall be a power of attorney enclosed in accordance with Art of the PPL. 5. Documents enclosed with the tender may be presented in the form of originals or photocopies certifying the validity of data true copy by a Contractor or a person authorised to represent Contractor. In the event a copy of the document presented by a Contractor is illegible or raises doubts as to its genuineness, the Awarding Entity may request presentation of the document s original or its notarised copy. 6. All documents that make up the tender shall have to be bound or stapled in a way that prevents slipping out of any sheet and shall be put in the right sequence. All the pages of the tender both written and blank, including tabs, should be numbered with sequential integral numbers and initialled by a Contractor or a person authorised by a Contractor. Places where changes have been made shall be initialled and dated with a hand affixed by a person/s signing the tender. 7. The tender shall comprise the following documents: 7.1. an Offer Form filled in and signed using the specimen - Attachment 1 to the SIWZ together with following appendices: Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 7/19

8 a) the Contractor s Statement on Fulfilment of the Conditions for Participation in the Contract Award procedure filled in by entering information in dotted places in a form that is substantially the same as Attachment 1 to the Offer Form, together with documents confirming fulfilment of the conditions for participation in the procedure listed in section V of the SIWZ b) Material Provisions of the Contract initialled by a Contractor - Attachment 2 to the Offer Form. 8. In the event of a tender submitted by operators acting jointly (e.g. a consortium): 8.1. Contractors competing jointly for a public procurement contract shall be obliged to appoint an attorney. The tender shall be appended with a relevant power of attorney. The contents of the power of attorney shall precisely specify the scope of authorisation, among others, indicating whether an attorney is authorised to represent Contractors in a contract award procedure and also in contract conclusion. The power of attorney document shall be signed by all Contractors. Any correspondence and settlements shall be executed with the consortium s attorney The attorney (consortium leader) shall submit a tender on behalf of Contractors jointly competing for a contract In the event of selecting the best tender of Contractors jointly competing for awarding of contract, an agreement governing co-operation of Contractors jointly competing for a contract shall have to be submitted before signing of the public procurement contract at the latest. 9. Each Contractor may submit only one tender for each part of contract. It shall be allowed to submit one tender concerning all parts of contract or separate tenders, each of which shall concern on part of contract. Submission of more than one tender by one Contractor for each part of contract or a tender that contains alternative solutions shall result in its rejection. 10. A tender that has been submitted past deadline shall be returned to the Contractor in accordance with Art of the PPL. 11. A Contractor who enters the contract award procedure shall submit a tender in two sealed envelopes: external with an annotation that reads: Oferta w przetargu nieograniczonym dostawa rur okładzinowych i wydobywczych* ) (ozn. FH/ZP-14/2013). Nie otwierać przed r. godz [Tender submitted in an open tendering procedure delivery of new casing and tubing pipes* ) (ref. no. FH/ZP-14/2013) Do not open before at 1:00 pm CET** ) ] internal with an annotation that reads: Oferta w przetargu nieograniczonym dostawa rur okładzinowych i wydobywczych* ) (ozn. FH/ZP-14/2013). Nie otwierać przed r. godz [Tender submitted in an open tendering procedure delivery of new casing and tubing pipes* ) (ref. no. FH/ZP-14/2013). Do not open before at 1:00 pm CET** ) ] and with the Contractor s corporate stamp. * ) delete as applicable no deletion shall mean submission of a tender for both parts of the contract ** ) CET(Central European Time) = UTC (Universal Time Clock or Coordinated Universal Time) + 1: The Contractor may make changes to the submitted tender or withdraw it, provided that it shall do so prior to the expiry of the tender submission date. Both a change or withdrawal of the tender shall have to be made in writing. Section VI. 11 of the SIWZ shall apply to statements made by the Contractor about a change or withdrawal of tender. An external envelope shall additionally bear a warning ZMIANA OFERTY [Change of Tender] or WYCOFANIE OFERTY [Withdrawal of Tender]. 13. The Awarding Entity informs that pursuant to Art of the PPL, the record together with annexes attached thereto shall be open to public. The annexes to the record shall be made available Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 8/19

9 VII. after the best tender is selected or after the procedure is cancelled, however, tenders shall be made available from the moment of their opening, with the exception of information that constitutes the company s secret within the meaning of provisions of the Unfair Competition Act of 16 April 1993 (i.e. Dz. U , as amended), if the Contractor has reserved not later than on the tender submission date that it may not be made available to other participants of the procedure. The Contractor shall make a relevant reservation in the tender form, otherwise the entire tender shall be made available upon request of each procedure participant. Classified information of the tender shall be expressly distinguished from non-classified elements and marked as a company s secret. Classification of the information that does not constitute the company s secret within the meaning of the PPL shall be ineffective against the Awarding Entity. The Contractor in particular, may not classify information concerning the price, the contract performance date, the warranty period, and the terms and conditions of payment included in the tender Art of the PPL. ASSESSMENT CRITERIA OF TENDERS AND DESCRIPTION OF HOW THE PRICE IS CALCULATED 1. The Contractor shall select the best tender, separately for tenders submitted for execution of Task 1 and separately for tenders for execution of Task 2, Task 3, Task 4, Task 5 and Task 6 based on the following criteria and their weights: Price... weight 100% 2. Assessment of tenders shall be performed on the basis of criteria and their weights given in section 1 above pursuant to Art of the PPL Tenders shall be assessed in terms of scores. The maximum number of points scored by a tender is 100 points The manner of calculating the scores. a) The number of points scored in the price criterion shall be calculated in accordance with the following formula: P c = (C min. /C ofer. ) x 100, where: P c number of points awarded to the tender under review, C min. lowest tender price among all submitted tenders C ofer. price of the currently assessed tender The product of C min. /C ofer. shall be calculated up to two decimal points, in accordance with a mathematical principle of rounding figures. The maximum number of points (100) shall be given to a tender with the lowest price. 3. The Awarding Entity shall recognise a tender as best the one that will receive the highest number of points. 4. The manner of calculating the tender price: 4.1 The Contractor shall be obliged to quote a price that includes all costs of the Contractor necessary to perform a contract. 4.2 The price quoted in the tender shall be expressly given and in the manner that does not raise any doubts (without the so-called price brackets). 4.3 Prices quoted in currencies other than PLN shall be transferred by the Awarding Entity into PLN, for the purposes of comparing tenders, using a relevant exchange rate for a given currency from Schedule A of average exchange rates of the National Bank of Poland announced on the tender opening date. Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 9/19

10 4.4 If the Contractor has its registered office or place of residence outsider the territory of the Republic of Poland, it shall quote a net tender price only the rate and amount of the value added tax (VAT) shall be determined by the Awarding Entity and when necessary it shall be added to the net price offered by the Contractor for the sake of comparing its tender with tenders of Contractors who have their registered office or place of residence in the territory of the Republic of Poland. VIII. CURRENCY IN WHICH SETTLEMENTS BETWEEN THE PRINCIPAL AND THE CONTRACTOR SHALL BE EXECUTED 1. A contract awarded to the Contractor who submitted the best tender shall be settled in the Contractor s tender currency and pursuant to the offered price subject to clause VIII The Awarding Entity shall allow tenders with tender price in currencies used in international trade. IX. SECURITY DEPOSIT 1. Participation in the procedure is not conditioned by payment of the deposit. X. TIME LIMIT DURING WHICH THE TENDER IS MAINTAINED 1 The Contractor shall maintain the tender for a period of 30 days (Art of the PPL). 2. The period during which the tender is maintained shall commence with the expiry of the tender submission date. 3. The Awarding Entity shall have the right to request extension of the time limit during which the tender is maintained pursuant to the terms specified in Art of the PPL. XI. VENUE AND DATE FOR TENDER SUBMISSION AND OPENING 1. A written tender shall be submitted personally or via intermediation of a postal service operator in the registered office of the Awarding Entity, i.e. at Gdańsk, Stary Dwór 9, Poland, room 213, in building B6, by the date of by 1:00 pm CET. The reception date of a tender in the Awarding Entity s registered office shall be recognised as the submission date. 2. The public opening of tenders shall take place on at 1:30 pm CET at the Awarding Entity s office, at Gdańsk ul. Stary Dwór 9, Poland, room 106, building B6. 3. Tenders shall be opened in accordance with Art. 86 of the PPL. 4. Contractors shall be advised about selection of the tender in accordance with Art. 92 of the PPL. 5. Tenders that have been submitted past the deadline as specified above shall be returned without their opening Art of the PPL. 6. Information announced during the public opening of tenders shall be made available to contractors who are not present upon their request. 7. Tenders sent by fax or electronically shall not be considered. XII. TENDER REJECTION, CONTRACTOR EXCLUSION, CANCELLATION OF THE CONTRACT AWARD PROCEDURE 1. The Awarding Entity shall reject a tender if there are premises in accordance with Art. 89 of the PPL. 2. A tender can be rejected by the Awarding Entity if any of the perquisites described in Art. 138 c Section 1 of the PPL occur. A Contractor shall be excluded from the procedure if there are reasons occurring specified in Art. 24 of the PPL. 3. The Awarding Entity may cancel the procedure pursuant to the terms and conditions specified in Art. 93 of the PPL. Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 10/19

11 XIII. FORMALITIES THAT HAVE TO BE SATISFIED FOLLOWING TENDER SELECTION TO CONCLUDE A CONTRACT 1. A Contractor who has been selected pursuant to this procedure shall be obliged to sign a contract pursuant to the SIWZ and the submitted tender within the date indicated by the Awarding Entity, however, not shorter than 10 days as from receiving information about selection of the tender, unless there are circumstances that are referred to in Chapter VI of the PPL. In such situation the Contractor shall sign a contract at the date indicated by the Awarding Entity. 2. The Awarding Entity may conclude a public procurement contract prior to the expiry of the said deadlines, if only one tender has been submitted in the contract award procedure, pursuant to Art letter a) of the PPL. 3. In the event of selection of the best tender that has been submitted by Contractors competing jointly for contract award, an agreement governing co-operation of the Contractors who jointly compete for contract award shall be submitted to the Awarding Entity prior to signing of the contract at the latest. XIV. MATERIAL PROVISIONS OF THE CONTRACT 1. A contract for the delivery of pipes, taking into account the contents of Attachment 2 to the Offer Form shall be signed with the Contractor whose tender has been recognised as the best one. 2. Together with the SIWZ, the Contractor shall receive from the Awarding Entity the Material Provisions of the Contract enclosed as Attachment 2 to the Offer Form. The Contractor shall have to accept the contents of the Material Provisions of the Contract. 3. The Awarding Entity envisages a possibility of introducing modifications to the contract based on Art of the PPL pursuant to the terms specified below: a) there is a necessity to change the time of fulfilment of an order, that was unforeseeable in the time of preparing this SIWZ b) it is necessary to limit the contents of contract in such case there is only a possibility to change the regulations in the contract regarding subject of the contract and its scope, remuneration and settlement, as well as obligations of the Contractor c) it is necessary to make changes in the Contract because of the amendments to the regulations of law that have impact on the contents of the concluded contract. In this case only the parts of the contract referring to the regulations which have changed can be modified d) it is necessary to reduce the remuneration of the Contractor in case the scope of the subject of the contract is limited by the Awarding Entity as the result of the reasons which could not have been foreseen at the time of signing of the Contract in this case only the parts of the contract referring to remuneration and settlement can be modified. e) such modifications shall be beneficial for the Awarding Entity, they shall derive from organisational changes of the Awarding Entity that have impact on the contents of the concluded contract, or if the changes shall be inflicted by the manner of financing of the Contract, including requirements of the entities which will be providing the financing for the Contract. XV. LEGAL REMEDIES GRANTED TO THE CONTRACTOR Contractors shall be entitled to remedies in accordance with Chapter VI of the PPL. XVI. EXPLANATIONS OF PROVISIONS IN THE SIWZ / MODIFICATION OF THE SIWZ / WITHDRAWAL / MODIFICATION OF TENDER 1. A Contractor may request the Awarding Entity, in writing only, to explain the provisions of the SIWZ Art and 38.2 of the PPL. The Awarding Entity shall provide such explanations to the Contractor immediately, not later than 6 days before the expiry of the tender submission date, unless the request for explanation of the specification has been submitted to the Awarding Entity Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 11/19

12 not later than the close of the day in which expire the half time for the tender submission that was indicated by the Awarding Entity. The Awarding Entity shall submit the contents of queries together with explanations to all contractors who have received the SIWZ from the Awarding Entity, without disclosing the source of the query and shall post the contents of queries and the answers on its website on which the SIWZ were put. 2. The Awarding Entity does not intend to arrange a meeting of Contractors - Art of the PPL. 3. In justified cases (Art of the PPL), the Awarding Entity may, prior to the expiry of the tender submission date, modify the contends of the SIWZ. Each modification made by the Awarding Entity shall become a part of the SIWZ and shall be immediately delivered to all Contractors who have received the SIWZ from the Awarding Entity, and if the SIWZ are available on the website, it shall post such modification there. The Awarding Entity may extend the date for submission of tenders to give Contractors time for inclusion in their tenders explanations and modifications to the SIWZ they have received, in accordance with Art. 38 of the PPL. 4. The Contractor may introduce modifications, amendments, changes to the submitted tender only in the form provided for in section VI.12. of the SIWZ. 5. The Awarding Entity shall correct errors in the contents of tender immediately notifying a contractor accordingly whose tender has been corrected in accordance with Art of the PPL. XVII. THE PRINCIPAL S COMMUNICATION WITH CONTRACTORS 1. Correspondence exchanged under the contract award procedure shall be made in Polish or English, in writing. It is acceptable to send correspondence by or fax. 2. Statements, requests, notices, and information delivered by fax or electronically to the numbers and addresses indicated in section I of the SIWZ shall be deemed as served when due, if their contents have been delivered to an addressee prior to the expiry of the deadline and have been immediately confirmed in writing. 3. If the Awarding Entity or Contractor deliver documents or information electronically or by fax, either Party shall upon the request of the other Party, immediately confirm their reception in writing. XVIII. PERSONS AUTHORISED TO COMMUNICATE WITH CONTRACTORS The following persons have been authorised to communicate with contractors: 1. In matters concerning formalities relating to the contract award procedure: Mrs. Magdalena Teplicka/ Mr. Michał Kostelecki. 2. In matters concerning the subject of contract: Mr. Piotr Tusznio/ Mr. Grzegorz Kocik. Information shall be provided from Monday to Friday, on business days, between 9:00 am and 2:00 pm CET. XIX. ATTACHMENTS TO THE SIWZ Attachment 1 Tender Form together with Attachments 1 and 2 to the Offer Form listed in section VI. 7 of the SIWZ. The Specification of Essential Terms of the Contract contains 19 numbered pages. Gdańsk, 30 th December 2013 Vice President of the Board Vice President of the Board Krzysztof Sułecki Dariusz Wojdynski... signatures of the Awarding Entity Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 12/19

13 Task VAT rate (%) OFFER FORM Contractor s corporate stamp LOTOS Petrobaltic S.A. Stary Dwór Gdańsk, Poland TENDER 1. Further to an announcement concerning the contract award procedure.. under an unrestricted tendering procedure for the delivery of new casing and tubing pipes, we offer to execute the said contract in accordance with the detailed terms and conditions of the contract for the price of: The subject of the contract Wall thickness [mm]* Steel grade* The type of joint* Quantity Unit price Net price VAT values Gross Value ,13/ 12,7 mm J-55/ K-55 BCSG 200 m (not more than 214 m) 2 13 ⅜ 9,65/ 10,92/ 12,19 mm J-55/ K-55 BCSG m (not more than m) 3 9 ⅝ 10,03/ 11,05 mm N-80/ L-80 HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam m (not more than m) 4 7 9,19 mm N-80/ L-80 HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam m (not more than m) 5 Tubing pipes 3 ½ 6,45 mm N-80/ L-80 TDS/TPG m (not more than m) 6 Tubing pipes 2 ⅞ Pup joint tubings 2 ⅞ 5,51 mm (6,4 ppf) 5,51 mm (6,4 ppf) N80 TPG (TDS) m (not more than m) N80 TPG (TDS) 6 sets RAZEM Say (total): Contract performance date: - in accordance with Specification of Essential Terms of the Contract 3. We recognise ourselves as obliged to maintain the tender for a period of 30 days as from the tender submission date. 4. We represent that we have become acquainted with the Specification of Essential Terms of the Contract and attachments thereto, including the subject of contract and the provisions of the Material Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 13/19

14 OFFER FORM Provisions of the Contract that shall be incorporated into the contents of a future agreement, we accept them and do not make any reservations to them. 5. We hereby inform that we shall /shall not* assign part of the contract to be performed by a Sub- Contractor, i.e.; We hereby advise that information included in the tender, contained on pages from... to...** constitute the company s secret within the meaning of the provisions of the Unfair Competition Act and as such may not be made generally available. 7. We undertake to sign a contract pursuant to the terms and conditions included in the SIWZ at the venue and time indicated by the Awarding Entity. 8. Attachments to the Tender Form that form an integral part thereof: a) Attachment 1 Statement of the Contractor on Fulfilment of the Contract of the conditions for participation in the contract award procedure with Signed Material Provision of the Contract. b) Attachments as below: [1] declaration that the offered casing pipes shall be new date of manufacture 2011, 2012, 2013 or 2014 [2] certificate confirming that the manufacturer of the offered pipes holds valid API certificate [3] declaration confirming that the certificates (approvals) confirming that the pipes were manufactured in accordance with the following standards: API Spec. 5D, API Spec 7 will be delivered with the pipes [4] declaration that the offered casing pipes meet the requirements of the PSL-1 and PSL 2 standards (according to ISO 11960) [5] declaration confirming that the offered casing pipes are manufactured in accordance with the following standards: PN-EN ISO (API SPEC 5CT) [6] declaration that in the event of raising doubt during the acceptance of the delivery pipes accordance the delivered pipers with the Subject of Contract, the Contractor will, if requested by the Awarding Entity, order at his own cost an inspection of pipes by an external auditor, firstly accepted by the Awarding Entity and submit a Protocol of receipt in accordance with PN-EN * Delete as applicable ** Mandatory field, if does not apply, please put in nie dotyczy [does not apply] Place, date (signatures of person/s indicated in the document, authorised to transact business, represent the Contractor, make or receive statements of intent on its behalf) Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 14/19

15 Attachment 1 to the Offer Form...,... (place) (date) [Contractor s corporate stamp] LOTOS Petrobaltic S.A. ul. Stary Dwór Gdańsk, Poland STATEMENT OF THE CONTRACTOR ON FULFILMENT OF THE CONDITIONS FOR PARTICIPATION IN THE CONTRACT AWARD PROCEDURE Acting on behalf of: [give the Contractor s name] ( Contractor ) and being duly authorised to represent it, I/we hereby represent that the Contractor satisfies the conditions for participation in the contract award procedure for: [described the contract] ( Contract ) listed in Art of the Act on Public Procurement Law of 29 January 2004 ( Act ) concerning: 1. authorisations to perform activities: [describe operations] 2. knowledge and experience, having appropriate technical potential and personnel capable of performing a contract 3. economic and financial standing. Furthermore, I/we represent that the Contractor is not subject to exclusion from the contract award procedure pursuant to Art and 24.2 of the said Act on Public Procurement Law (signatures of person/s indicated in the document, authorised to transact business, represent the Contractor, make or receive statements of intent on its behalf) Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 15/19

16 MATERIAL PROVISIONS OF THE CONTRACT I. SUBJECT OF CONTRACT 1. The Awarding Entity orders, and the Contractor undertakes to deliver new pipes 1) : II. No. of task Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Description ⅜ 9 ⅝ 7 Tubing pipes 3 ½ Tubing pipes 2 ⅞ Pup joint tubings 2 ⅞ Quantity 200 m 214 m) m m) m m) m m) m m) m m) 6 sets Wall thickness 11,13/ 12,7 mm 9,65/ 10,92/ 12,19 mm 10,03/11,05 mm 9,19 mm 6,45 mm 5,51 mm (6,4 ppf) 5,51 mm (6,4 ppf) Steel grade J-55/ K-55 J-55/ K-55 N-80/ L-80 N-80/ L-80 N-80/ L-80 The type of joint BCSG BCSG HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam HC_Polseal /HSC/TPS Techniseal /VAGT/ New Vam TDS/TPG Length classification N80 TPG (TDS) R2 N80 TPG (TDS) Not applicable hereinafter referred to as the Subject of Contract *. *Subject of the Contract shall depend on the scope of the best tender selected for each Task. DATE AND TERMS OF DELIVERY 1. The required deadline for the performance of the Contract: a. in case of Task 1 to 5: between 1 st and 30 th June b. in case of Task 6: between 1 st and 31 st of March The date of each part of delivery will be agreed seven days in advance with the persons referred to in the agreement - responsible for the supply. 3. The place of contract performance: the Awarding Entity s registered seat, Poland, Gdansk, 9 Stary Dwór street,. 4. Conditions of the delivery: DDP Gdańsk, Poland the Awarding Entity s registered seat (in accordance with Incoterms 2010). III. PRICE AND PAYMENT CONDITIONS 1. For the delivery of the Subject of Contract specified in section I, in accordance with the submitted tender, and the final remuneration for the supply of casing/ tubing pipes will be calculated according to the type of pipes, the unit price specified in the most advantageous offer, and the quantity actually delivered metres of whole pipes. In case of pup joint tubing the price will be calculated according to the no of sets. 2. The amount that is referred to in sub-section 1 above shall be increased by VAT at the rate applicable on the date when a tax liability arises. 3. Payment for the performance of the Contract shall be made by a bank transfer into the Contractor s account within 30 days as from the date of the receipt of the invoice/s, issued not earlier than after acceptance/s of the Subject of Contract without reservations- confirmed 1) in the event of a tender for lot, the Principal shall allow deletion of the scope that does not constitute the subject of tender, i.e. part 1. a. or part 1. b. in the Material Provision of the Contract. Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 16/19

17 by signed by both Parties the Protocol/s on inspection and following reception of the Subject of Contract into the Awarding Entity s warehouse with accordance with V Section. 4. In the event of untimely payment the Awarding Entity shall be obliged to pay statutory interest for delay. IV. RELEASE OF THE SUBJECT OF CONTRACT, INSURANCE AND TRANSPORT 1. A date when casing/tubing pipes have been collected by the Awarding Entity at its registered office shall be deemed as the delivery date of the Subject of Contract. 2. The Contractor shall conclude, at its own risk and expense, an insurance agreement for casing/tubing pipes against the risk of loss or damage until the moment of its release to the Awarding Entity, and shall pay all insurance premiums relating to such agreement. 3. The Contractor shall conclude at its own risk and expense a transport agreement for casing/tubing pipes to be delivered to the venue indicated by the Awarding Entity and shall pay all transport charges relating to that. V. ACCEPTANCE OF THE SUBJECT OF CONTRACT 1. The Awarding Entity shall inspect casing/tubing pipes and completeness of the delivery at the delivery venue within 30 days after their delivery to the place warehouse of the Awarding Entity. The inspection shall include a technical review of 10% (however no less than 150m) randomly chosen pipes for each of the Tasks. In case any remarks appear during the review, Awarding Entity shall examine each of the delivered pipes. In such case the term indicated in the first sentence of clause V.1 may be extended. 2. Inspection of casing and/or tubing pipes shall consist in making sure if pipes are free and clear of any physical defects, and in particular if they comply with the description of the Subject of Contract. 3. A protocol on inspection of delivery part of casing and/or tubing pipes for the purposes of assessing the status of Contract performance shall be prepared that will be signed by the Parties which will include in particular: a. indication of casing or/ad tubing pipes that have been inspected; b. any possible confirmed physical defects, no completeness or statement on no establishment of physical defects or lack of completeness. 4. In the event of the Awarding Entity s refusal to carry out acceptance, and in particular due to defects of the Subject of Contract, there shall be no acceptance report prepared, and representatives of the Awarding Entity will deliver to the Contractor a statement signed by them indicating reservations concerning the Subject of Contract. 5. In the event when the Subject of Contract that is to undergo final acceptance has defects, the Awarding Entity may set an additional date for the Contractor for the delivery of casing and/or tubing pipes that are free and clear of defects, without any additional costs whatsoever being incurred by the Awarding Entity relative to that. 6. In case of justified doubts concerning compatibility of the delivered pipes with description of the Subject of the Contract, upon Awarding Entity s request, the Contractor shall order, on his own cost, an independent inspection of the pipes. The inspection shall be performed by an auditor previously accepted by the Awarding Entity. In such case the Contractor shall supply the protocol confirming compliance with norm PN-EN Completion of acceptance of the Subject of Contract shall not release the Contractor from claims under guarantee or quality warranty. VI. PACKAGING 1. The Contractor shall ensure such packaging of the Subject of Contract that is required to prevent its damage or deterioration of its quality during transportation to the delivery venue. 2. Delivered pipes should be placed on wooden separates with splines. 3. The type and quality of the required packaging are specified in relevant technical standards, and in case there are no such standards, any circumstances known to the Contractor that Specification of Essential Terms of the Contract for the delivery of new casing and tubing pipes 17/19