CEYLON PETROLEUM STORAGE TERMINALS LIMITED

Transcription

1 CEYLON PETROLEUM STORAGE TERMINALS LIMITED BIDDING DOCUMENT NATIONAL COMPETITIVE BIDDING (NCB) SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD BID NO: KPR/87/2018 CHAIRMAN DEPARTMENT PROCUREMENT COMMITTEE (MINOR), C/O MANAGER PROCUREMENT, CEYLON PETROLEUM STORAGE TERMINALS LIMITED, PROCUREMENT FUNCTION, 1 st FLOOR, NEW BUILDING, OIL INSTALLATION, KOLONNAWA. Telephone : Fax : procure@cpstl.lk Page 1 of 42

2 INVITATION FOR BIDS (IFB) CEYLON PETROLEUM STORAGE TERMINALS LTD (CPSTL) SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD. BID NO: KPR/87/2018 The Chairman, Department Procurement Committee (Minor), Ceylon Petroleum Storage Terminals Limited, will invite sealed bids from Manufacturer, authorized export agents or accredited local agents on National Competitive Bidding (NCB) for the supply of the above Laboratory equipment up to 1400 hrs on Bids are invited for either Import & Supply basis or Local (Ex-Stock) Supply basis. Bidders may quote for both options or one option at their discretion. Bid details are available on our Website and the documents could be obtained from the undersigned between 0900 hrs and 1400 hrs on any working day up to payment of a non-refundable Tender Document fee of Rs. 3, for each. Bidders are requested to inspect the bidding document prior to purchase. Bid will be closed at 1400hrs. on and opened immediately thereafter at the office of Manager (Procurement). Bidders or their authorized representatives will be permitted to be present at the opening of the bids. The duly perfected Bid may be sent through the post under registered cover or Bidder or his authorized representative may deposit the Bid in the tender box at the office of Manager (Procurement), Procurement Function, 1 st Floor, New Administration Building, Oil Installation, Kolonnawa at or before 1400hrs on Bid shall be valid up to All bids must be accompanied by a bid security of One hundred thousand Sri Lanka Rupees (LKR 100,000.00), which shall be valid until For further details, please contact Manager Procurement on Tel: / , Fax: , procure@cpstl.lk The Chairman Department Procurement Committee (Minor) C/o Manager Procurement Ceylon Petroleum Storage Terminals Limited Procurement Function 1 st Floor, New Building Oil Installation Kolonnawa. Page 2 of 42

3 CONTENTS 1.0 INSTRUCTION TO BIDDERS 1.1 SCOPE OF SUPPLY & DELIVERY 1.2 ISSUE OF BIDDING DOCUMENTS 1.3 ALTERNATIVE BID/S 1.4 DOCUMENTS & DETAILS TO ACCOMPANY BID 1.5 MODIFICATION, SUBSTITUTION & WITHDRAWAL OF BID 1.6 FORMAT & SIGNING OF BID 1.7 SUBMISSION OF BID 1.8 CLOSING & OPENING OF BID 1.9 BUSINESS REGISTRATION & PUBLIC CONTRACT REGISTRATION 1.10 LETTER OF AUTHORIZATION 1.11 AGENT TO HOLD OF POWER OF ATTORNEY 1.12 MINIMUM VALIDITY PERIOD OF OFFERS 1.13 BID SECURITY 1.14 FORM OF BID 1.15 SCHEDULE OF PRICES 1.16 CORRECTIONS OF ERRORS 1.17 EVALUATION OF BIDS 1.18 POWER TO ACCEPT OR REJECT OFFERS 1.19 NOTICE OF ACCEPTANCE 2.0 CONDITIONS OF CONTRACT 2.1 PERFORMANCE BOND 2.2 MODE OF PAYMENT 2.3 SHIPMENT AND DELIVERY 2.4 WARRANTY 2.5 PACKAGING 2.6 TRAINING 2.7 FORCE MAJEURE 2.8 LIQUIDATED DAMAGES 2.9 PATENT INFRINGEMENT 2.10 GOVERNING LAW & JURISDICTION 2.11 CONTRACT NOT TO BE SUBLET 2.12 ANY OTHER INFORMATION Page 3 of 42

4 ANNEUXURES 1. Schedule of Prices Import & Supply Basis - Annexure A-1 Local Basis - Annexure A-2 2. Technical/Equipment Specifications - Annexure B 3. Form of Bid - Annexure C 4. Form of Bid Bond - Annexure D 5. Form of Performance Bond - Annexure E 6. Form of Manufacture s Authorization - Annexure F 7. Form of Details Required - Annexure G 8. Form of Compliance / Deviation Sheet - Annexure H 9. Form of Agreement - Annexure I Page 4 of 42

5 SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD BID NO: KPR/87/ INSTRUCTION TO BIDDERS 1.1 SCOPE OF SUPPLY & DELIVERY The Chairman, Department Procurement Committee (Minor), on behalf of Ceylon Petroleum Storage Terminals Limited, Oil Installation, Kolonnawa will invite sealed Bids from Manufacturer authorized export agents or accredited local agents to Supply, Install, Commission & Calibrate the Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/accessories to determine Fatty Acid Methyl Esters content of Aviation Fuel using flow analysis according to ASTM D 7797 method conforming to the specifications of Annexure B & Conditions given under this Instructions to Bidders (ITB). CPSTL shall undertake the clearance of the items and bear the cost of clearance including all statutory charges, and should not be included in the bid price. CPSTL shall make the payment as per the terms of Mode of Payment, clause 2.2 of the Conditions of Contract of this bidding document. Additional services provided by the bidder not covered in this bidding document, shall be stated clearly. If no exceptions are stated, the DPC would assume that bidder conforms to most stringent conditions of the bidding document. 1.2 ISSUE OF BIDDING DOCUMENTS Bidding documents could be obtained on any working day between 0900 to 1400 hrs up to from the Office of the Manager (Procurement), Procurement Function, 01 st Floor, New Building, Ceylon Petroleum Storage Terminals Limited, Kolonnawa, Wellampitiya on a cash payment of a non-refundable bidding fee of Rs. 3, (Three Thousand). International Bidders could download the Bidding Document from the website and the tender fee of Rs. 3, is to be paid at the time of submission of Bid Document by the Local Representative/ Agent. Parties interested in obtaining a Bid Document should submit a request letter on their Company Letter Head. Page 5 of 42

6 Tender document consists of the following: Instructions to Bidders (ITB) Schedule of Prices - Annexure A-1 & A-2 Technical/Equipment Specifications - Annexure B Form of Bid - Annexure C Form of Bid Bond - Annexure D Form of Performance Bond - Annexure E Form of Manufacture s Authorization - Annexure F Form of Details Required - Annexure G Form of Compliance / Deviation Sheet - Annexure H Form of Agreement - Annexure I 1.3 ALTERNATIVE BID/S a) Alternative bids submitted by a bidder, shall be considered as a separate bid and it shall be supported with a separate form of Bid and Bid security. However, the Alternative Bid shall not be considered for the purpose of evaluation. b) If the original Bid submitted by the Bidder is considered as the lowest evaluated and substantially responsive Bid, the bidder s Alternative Bid will be compared with his original Bid. c) Under no circumstances an Alternate Bid shall be accepted at a higher price than the Bid price of the original Bid. 1.4 DOCUMENTS & DETAILS TO ACCOMPANY BID The authorized agents must send all the required information given below for evaluation purposes and failure to furnish the required documents and details along with the Bid will result in the Bid being rejected. a) Two (02) copies of Price schedule as per Annexure A-1 and/or A-2. b) Authorized export agent should possess a copy of Letter of Authority. c) The manufacturing and assembly of the total unit should be in the country of origin. d) Unit should be a proven type and not a prototype (To be affirmed by manufacturer in the letter head). e) Details of calibration and /or verification. f) All technical details inclusive of product literature / Catalogues of the available equipment in English language. Page 6 of 42

7 g) Details of after sale services and the service agreement: Annual Maintenance Contract for comprehensive maintenance for 02 years after the warranty period. The supplier must specify the equipment parts covered under the warranty and consumables which are not covered under the warranty with reasons. If incase instrument is in out of order during the warranty period supplier should provide an extended warranty considering this time period. h) Company background, place of business, number of years of experience in supplying similar equipment, a list of users of the quoted equipment supplied for the past 3 years and their contact person name, addresses, fax numbers, phone numbers and addresses. i) Service facilities available and type of services provide and capacity of service personnel. j) Provide Documental evidences/details of a qualified technical expert/s who is/are confident enough to commission and provide training on operations, calibration and maintenance of the equipment to the Laboratory staff. k) Application training to be provided to laboratory staff in Sri Lanka within one month period after the commissioning the equipment. l) All terms and conditions of warranty. (To be elaborated by manufacturer and local agent separately) m) Completed Form of Details Required, accommodating above mentioned c,d,e,f,g,h,i,j,k as per Annexure G. n) Form of Bid as per Annexure C. o) Form of Bid Bond as per Annexure D. p) Form of Manufacturer s Authorization as per Annexure F. q) Dully completed form of Compliance / Deviation Sheet Annexure H. r) Availability of Manufacturer s test certificates according to ASTM D 7797 Test method. s) Signature authorization Authorization letter from the company (bidder) authorizing the signatory for signing the tender on behalf of the bidder. t) Valid certificate FORM PCA 03 issued by Registrar of Public Contract in terms of Public Contract Act No. 03 of u) Detailed profile of the company of the manufacturer and the country of manufacture, year of manufacture, make/model of the machine etc., together with the copy of the company registration certificate issued by the respective authority of the manufacturer s country. Page 7 of 42

8 v) A certificate from the machine manufacturer certified that all spare parts for the models offered will be manufactured & freely available for CPSTL to import direct from them for a minimum period of ten (10) years from the date of submission of the bid. (To be specified by a covering letter) w) All other details and documentary requirements as requested under this tender. x) Details & Certificates of Resource persons or key trainers shall be attached for required Training. y) Bid validity period. z) Copy of Business Registration Optional: If offered additional warranty for 03, 04 or 05 years, please specify your term cost. (Attach Terms and conditions in separate sheet). 1.5 MODIFICATION, SUBSTITUTION & WITHDRAWAL OF BID The bidder may modify, substitute or withdraw his/her bid after submission, provided that written notice of the modification, substitution or withdrawal is received by CPSTL, prior to the deadline prescribed for bid submission. The bidder s modification or substitution shall be prepared, sealed, marked and dispatched as follows: The bidder shall provide an original and a duplicate, as specified in the ITB clause 1.5, of any modification or substitution to his/her bid, clearly identified as such in two envelopes, duly marked ORIGINAL & DUPLICATE. The envelopes shall be sealed in an outer envelope, duly marked BID MODIFICATION or BID SUBSTITUTION - SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD KPR/87/2018 CLOSING DATE: A bidder wishing to withdraw his/her bid shall notify CPSTL in writing by post or by hand at the address which is indicated in ITB clause, prior the deadline for submission of bids. The notice of withdrawal shall bearing the bid name and the words BID WITHDRAWAL NOTICE. Bid modifications, substitutions or withdrawal notices received after the deadline for submission of bids will be ignored, and the submitted bid will deem to be valid. Page 8 of 42

9 1.6 FORMAT & SIGNING OF BID The bidder shall prepare an original and a duplicate of the bid specified above, clearly marking as, SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD KPR/87/2018 CLOSING DATE: , original and duplicate as appropriate. In the event of any discrepancy between the original and duplicate, the original shall govern. Bidder shall incorporate a Signature Authorization letter along with his/her bid, which is authorizing a person/s to represent the company in submitting the bid, and if successful, to sign the respective agreement/contract with CPSTL. The letter shall be signed by the Management of the company and the person/s who signs the bid on behalf of the company and shall be affixed by the common seal of the company. This letter shall be produced on the company letter head. The original and the duplicate of the bids shall be typed, or written in indelible ink, and shall be signed by the person/s duly authorized by the bidder. All pages of the bid except for un-amended printed literature shall be initialed by the person/s signing the bid. Any inter lineation, erasures or insertion shall be valid only if they are initialed by the person/s signing the bid. All corrections shall be very clear and no over-writing shall be accepted. 1.7 SUBMISSION OF BID Bidders should quote their prices in the annexed Schedule of Prices and forward same in duplicate. The Original & Duplicate copy of the Bid should be placed in separate envelopes marked ORIGINAL & DUPLICATE. Both envelopes should be enclosed in one securely sealed cover marked SUPPLY, INSTALL, COMMISSION & CALIBRATE FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER TO DETERMINE THE FATTY ACID METHYL ESTERS CONTENT OF AVIATION FUEL USING FLOW ANALYSIS ACCORDING TO ASTM D 7797 METHOD KPR/87/2018 CLOSING DATE: , on the top left- hand corner, and addressed to the Chairman, Department Procurement Committee (Minor), Procurement Function, 01 st Floor, New Building, Ceylon Petroleum Storage Terminals Limited, Kolonnawa, Wellampitiya or bidders could deposit their offers in the Tender Box provided for this purpose available at the above address. Page 9 of 42

10 Bidder may submit an alternative offer/s; however the bidder shall submit such bids in separate sets of original documents obtained from the procurement Function, Ceylon Petroleum Storage Terminals Limited, Kolonnawa. No document shall be copied for the purpose of submitting alternative offer/s. Each offer should be submitted with all the required documents separately as per the original bid and should be marked as ALTERNATIVE OFFER to Supply, Install, Commission & Calibrate the Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/accessories to Determine Fatty Acid Methyl Esters content of Aviation Fuel Tender No: KPR/87/2018 Closing Date: on the top left hand corner. Failure to furnish required documents along with the alternative offer/s may lead to rejection of the offer. International bidders should have an Authorized Local Representative/Agent. The Bidder should submit their bid documents by Registered post, Courier service or by hand delivery, not later than 1400 hrs. on A local firm acting as Agent for more than one Principal Bidder should get each of his Principal Bidder s authority to represent and Bid on separate sets of Bidding Documents purchased from the Ceylon Petroleum Storage Terminals Limited for such purpose. 1.8 CLOSING & OPENING OF BID a) Bids, enclosed, sealed marked & addressed as aforesaid, should be sent under registered cover or sealed cover to reach the Chairman, Department Procurement Committee (Minor), not later than 1400 hrs. on or could deposit in the Tender Box provided for this purpose at the Office of Manager (Procurement), Procurement Function, 01 st Floor, New Building, Ceylon Petroleum Storage Terminals Limited, Kolonnawa, Wellampitiya. Bids will be closed at 1400 hrs on and open immediately thereafter at Procurement Function, 01 st Floor, New Building, Ceylon Petroleum Storage Terminals Limited, Kolonnawa, Wellampitiya. Bidders or their duly authorized representative/s may be present at the opening of Tenders. The officer who opens the Bids will read out the unit price/total price, as indicated in the schedule of prices to those who are present. Technical Data, Specifications or similar particulars will not be divulged. b) Late Bids Any Bid received after the closing time for submission of Bid will be rejected and returned unopened to the Bidder. Page 10 of 42

11 1.9 BUSINESS REGISTRATION & PUBLIC CONTRACT REGISTRATION All authorized agent should register with the Registrar of Companies and shall produce a copy of the valid Certificate (legally attested copy) of Registration issued by the Registrar of Companies of Sri Lanka together with the offer. Any person who act as an agent or sub-agent, representative or nominee for or on behalf of any bidder/principal supplier, shall register himself/herself and such public contract as per Public Contracts Act, No 3 of 1987 for every public contract exceeding Five Million Sri Lankan Rupees (LKR 5,000,000.00) & the Certificate of Registration (FORM PCA 03) issued by the Registrar of Public Contracts of Sri Lanka shall be submitted along with the bid. Where any person is an agent, sub-agent, representative or nominee for or on behalf of a bidder/principal supplier, he/she shall first produce a certificate of his appointment as agent, subagent, representative or nominee to the Registrar before he registers himself under the public contract. [Contact details of the Registrar: Department of Registrar of Companies, "Samagam Medura", No. 400, D R Wijewardena, Mawatha, Colombo 10 / Tel.: / / registrar@drc.gov.lk. (Contact details may vary from actual & CPSTL does not take any responsibility in this regard)] 1.10 LETTER OF AUTHORIZATION a) Offers from agents representing Principals abroad, will not be considered unless they hold the Letter of Authorization from the Principals empowering the agents to offer on their behalf, to enter into a valid agreement on behalf of the principals to fulfil all the terms and conditions of the contract, in the event of the tender being awarded. b) The agent signing the Bidding Document on behalf of the Principal shall state the Principal s name and address, telephone, fax numbers & if any. c) Nomination of Agents after the Bid has been submitted will not be valid. d) In the event that the Principal is not the Manufacturer, the Principal should furnish documentary proof of his arrangements with the Manufacturer AGENT TO HOLD OF POWER OF ATTORNEY CPSTL would request Successful Bidders/ Manufacturers/ Accredited agents to submit Power of Attorneys from the Manufacturer of the equipment within fourteen (14) days of the acceptance of the Bid along with the Performance Bond. CPSTL would issue the Purchase Order once the successful bidders/ Manufactures/ Accredited agents submit Authentic Power of attorney. Page 11 of 42

12 1.12 MINIMUM VALIDITY PERIOD OF OFFERS a) All offers should be valid until Bidders should however, clearly indicate the maximum period that their offer would be valid. b) A bid valid for a shorter period shall be rejected by the CPSTL as non-responsive. In exceptional circumstance, prior to expiry of the period of validity of bid, the CPSTL may request that the bidders extend the period of validity for a specified additional period. c) All the prices indicated in the Schedule of Prices shall be firm & shall not be subject to any price variation within the validity period of offer specified in (a) above. d) On acceptance of the offer, prior to expiry of the period of validity of bid, the validity of offer should be extended for purposes of opening Letter of Credit and other required documentation if required BID SECURITY Each bid should be accompanied by a Bid Security undertaking that the offer will be held valid for the specified period, and that the offer will not be withdrawn during that period. Such Security shall be in the form of a Bank Draft or a Bank Guarantee issued by a reputed Commercial Bank Operating in Sri Lanka with the authority of a License issued by the Monetary board (Central Bank) of Sri Lanka and payable to the Ceylon Petroleum Storage Terminals Limited, for a minimum sum of Sri Lankan Rupees One Hundred Thousand (Rs. 100,000.00). If the Bidder wishes to submit alternative offers from different Fourier Transform Infrared (FTIR) Spectrometer Manufacturers such alternative offers should be submitted with separate Bid Security Guarantee. The Bid Security shall be valid until A form of Bid Security is attached, Annexure D. Failure to submit the Bid Security at the time or before the closing of the Bids and in accordance with the said requirements will result in the Bid being rejected. Bid Securities of the unsuccessful Bidders will be returned to them only after award of the tender to the successful Bidder. The Bid Security Guarantee of the successful Bidder will be returned after receipt of the Performance Bond FORM OF BID Bidders should declare that they have read the Conditions and that they make the offer in compliance with and subject to all the Conditions thereof and agree to execute the contract / perform the services in accordance with the said Conditions in the manner therein set out. A Form of Bid Annexure C is attached. Form of Bid not submitted on the prescribed form and in the manner required are liable for rejection Page 12 of 42

13 1.15 SCHEDULE OF PRICES a) Schedule of Prices shall be in the form of the Annexure A-1 or Annexure A-2 given in the document. Bidders are required to duly sign and return the Schedule of Prices marked Annexure A-1 or Annexure A-2. b) For import & Supply basis, Prospective Bidders are requested to submit their bids in any internationally accepted currency in the prescribed form Annexure A-1. c) For Local Supply Basis, Prospective Bidders are requested to submit their offers in Sri Lankan Rupees. All applicable taxes shall be mentioned in the appropriate column of the Schedule of Prices as in the form of Annexure A-2. d) Details of Local cost (if any) & payable in Sri Lanka Rupees should be disclosed in the appropriate column of the Schedule of Prices. e) Bids not submitted on the prescribed form and in the manner required are liable for rejection CORRECTIONS OF ERRORS Bids determined to be substantially responsive will be checked for any arithmetical error and errors will be corrected in the following manner. a) Where the discrepancy is between the amount in figure and the amount in words, the amount in words will prevail. b) Where the discrepancy is between unit rate and the line total, resulting from multiplying the unit rate by the quantity, 1. The unit rate as quoted will govern. 2. Unless in the opinion of the Chairman, Department Procurement Committee (Minor)/ TEC there is an obvious gross misplacement of the decimal point in the rate, in which case the line item total as quoted will govern, and the unit rate will be corrected. c) The amount stated in the Bidding Document adjusted in accordance with the above procedure with the concurrence of the Bidder shall be considered as binding upon the Tender. If the bidder does not accept the corrected amount of bid, his bid will be rejected EVALUATION OF BIDS a) All the offers along with the required documents received will be evaluated by a TEC to determine the eligibility of responded Bidders and substantial responsiveness of Bids received. Substantially responsive Bid is one, which conforms to the terms & conditions and specifications of the Bidding Document. Incomplete Bids will be rejected. Page 13 of 42

14 b) The prices quoted in foreign currency will be converted to Sri Lanka Rupees at the selling Exchange Rate of the Central Bank of Sri Lanka, prevailing on the date of opening of the Bid. c) The Ceylon Petroleum Storage Terminal Limited, with the approval of the Chairman, Department Procurement Committee (Minor), may seek in writing, clarification or additional information from any Bidder in regard to Specifications except for Prices. In the absence of any response from the Bidder, within the specified period, the Department Procurement Committee (Minor) reserves the right to make its own decision. d) Only the bids determined to be substantially responsive will be evaluated and compared and award will be made to the substantially responsive, lowest evaluated bid POWER TO ACCEPT OR REJECT OFFERS a) The Department Procurement Committee (Minor) will not be bound to make the award to the Bidder submitting the lowest offer. b) The CPSTL Department Procurement Committee (Minor) reserves the right to reject any or all Bids, or any part thereof without assessing any reasons. The Department Procurement Committee (Minor) may accept any or all items of the offers and reserves the right to increase or decrease the quantity of goods to be contracted for, at prices indicated in the Schedule of Price NOTICE OF ACCEPTANCE Acceptance of bid will be confirmed by fax / to the successful bidder to the address given by him, soon after the receipt of the Department Procurement Committee (Minor) decision. Any change of address of the bidder should be promptly notified to; CHAIRMAN DEPARTMENT PROCUREMENT COMMITTEE (MINOR) C/O MANAGER PROCUREMENT 01 ST FLOOR, NEW BUILDING CEYLON PETROLEUM STORAGE TERMINALS LIMITED, OIL INSTALLATION KOLONNAWA WELLAMPITIYA. Page 14 of 42

15 2.0 CONDITIONS OF CONTRACT 2.1 PERFORMANCE BOND a) The successful Bidder, on being notified by the Ceylon Petroleum Storage Terminals Limited of the acceptance of his Bid, shall within fourteen (14) days of such notification, furnish at his own expense a Performance Guarantee through a reputed Commercial Bank Operating in Sri Lanka with the authority of a License issued by the Monetary board (Central Bank) of Sri Lanka, in a sum equivalent to 10% of the total contract value of the accepted Bid. The Performance Guarantee shall be in accordance and in the form given in Annexure E. b) If the successful Bidder fails to furnish the Performance Guarantee as aforesaid, his name will be placed in the list of defaulting Contractors. Ceylon Petroleum Storage Terminals Limited, shall therefore, be entitled in its absolute discretion to make suitable arrangements required for the performance of such Bid, at the risk & expense of the Bidder. c) The successful Bidders, in the event of his failure to furnish the Performance Guarantee as required, shall be liable for any losses, costs, expenses & damages which the Ceylon Petroleum Storage Terminals Limited, may sustain in consequence of such failure, and the Bid Security shall be forfeited. d) The Letter of Credit/ Purchase order will be opened/ issued only after the receipt of the Performance Guarantee. The Performance Guarantee shall be in favour of the Ceylon Petroleum Storage Terminals Limited and shall be valid for a period not less than Three Hundred and Sixty Five (365) days from the date of acceptance. e) To expedite opening of Letter of Credit, the Supplier/Principal shall on his own account instruct his Bank to Fax/ the Ceylon Petroleum Storage Terminals Limited the date, amount and validity period of the Performance Guarantee. 2.2 MODE OF PAYMENT a) Import and Supply Basis (as per Schedule of Prices Annexure A-1) By an irrevocable Letter of Credit 90% of the Cost, Insurance and Air Freight (CIP) value at sight and the balance 10% of the CIP value, cost of Supply, Install, Commission & Calibrate the Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories & other applicable taxes and charges will be paid upon the satisfactory Delivery, Installation, Commissioning and Calibration of Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories by the Ceylon Petroleum Storage Terminals Limited. Page 15 of 42

16 The following information is very essential for Ceylon Petroleum Storage Terminals Limited for establishment of Letter of Credit without delay. Hence you are kindly requested to incorporate same in your Pro-forma invoice. 1. Pro-forma invoice number, date, supplier s address & contact detail such as telephone/fax no, , etc. 2. Country of origin of the goods. 3. Country and port of shipment of the goods. 4. Bank account details of the Beneficiary/supplier. 5. The Harmonized System (HS) number or numbers for each item. Local cost (if any) will be paid in Sri Lankan Rupees, only after the receipt of goods at Main Stores, CPSTL, and on receipt of the acceptance certificate from the user function of CPSTL, that the contract/ order has been completed as per the terms & conditions of the contract. Name of the declared beneficiary will NOT be changed at any time. Any payment term requiring advance payments will not be acceptable to CPSTL. b) Local Supply basis (as per Schedule of Prices AnnexureA-2) The contractor who proposes to Supply, Install, Commission & Calibrate Complete Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories in Sri Lanka will be eligible for an Advance Payment to a value of 20% (maximum) of the total cost of the Supply, Install, Commission & Calibrate of the Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories. Such Payments will be paid upon submission of a Bank Guarantee (unconditional) from a reputed Commercial Bank Operating in Sri Lanka. The Balance payment will only be made on receipt of a Certificate from the User Function of Ceylon Petroleum Storage Terminals Limited, that the goods have been received, installed, commissioned and calibrated as per the terms and the conditions of the Bid. Any advance payment term requiring will not be acceptable to CPSTL. 2.3 SHIPMENT AND DELIVERY Import and Supply Basis a) Immediately after the consignment is shipped, the supplier shall send to the Ceylon Petroleum Storage Terminals Limited, a Fax/ stating the name of the Vessel & the quantity shipped. Also within 03 days from the date of Air way bill (AWB) and following shipping documents should be sent by Courier. Page 16 of 42

17 i. Clean on Board, freight prepaid / freight to pay (as per award) Bills of Loading in favour of Sri Lankan Bank nominated by CPSTL, showing destination as Colombo and notifying party as Ceylon Petroleum Storage Terminals Limited. ii. Manually signed invoices in quadruplicate, showing FOB, Insurance & freight value (CIP Colombo). iii. Packing List in quadruplicate. iv. The certificate of Manufacture, stating that the items shipped were manufactured by them indicating Country of Origin. b) The Complete Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories should be Delivered, Installed, Commissioned & Calibrated at Ceylon Petroleum Storage Terminals Limited within a period of Three (03) months from the date of establishment of LC, on an agreed schedule. Bidder should indicate the detailed schedule in their offer. Local Supply Basis The Fourier Transform Infrared (FTIR) Spectrometer with required other relevant equipment/ accessories should be Delivered, Installed, Commissioned & Calibrated at Ceylon Petroleum Storage Terminals Limited within a period of Two (02) months from the date of Purchase Order, on an agreed schedule. Bidder should indicate the detailed schedule in their offer. 2.4 WARRANTY The supplier shall provide manufacturer s warranty minimum 02 years from the date of commissioned for the Fourier Transform Infrared (FTIR) Spectrometer as required under Other Requirements of Annexure B. Any item which fail below the warranty period, shall be replaced free of charge by the manufacturer/supplier/local agent. In the event of failure of components under warranty the duration of warranty applicable to that component shall once again commence from the date of replacement. Warranty certificate shall indicate the number of free services provided by the authorized agent abroad or authorized local agent and the terms of after sales services which are to be provided by the authorized local agent. The authorized local agent shall be able to supply spare parts in time & to have methodology to offer after sale services, whenever a requirement arises. Original warranty certificate shall be sent along with the shipment. Page 17 of 42

18 2.5 PACKAGING Packing should be airworthy and suitable to protect the goods from adverse weather conditions and mechanical shocks during the airport handling and storage also method of packing should be indicated in the Bid. 2.6 TRAINING AT CPSTL LABORATORY, KOLONNAWA (COMPULSORY) The operations and calibration of the Fourier Transform Infrared (FTIR) Spectrometer is expected to be carried out at the Ceylon Petroleum Storage Terminals Limited Laboratory. It is a mandatory requirement for the successful bidder to arrange a team/individual expert from manufacture to train Ceylon petroleum Storage Terminals Limited Laboratory Staff to execute operations of the equipment during the commissioning and to provide application training within one month period after commissioning the equipment. As such documental evidences/ details for the certified trainer/s from the manufacture should be provided along with the offer. Therefore the package offered by the bidder should include the total cost (Return air fare, internal transport, accommodation, foods and training materials) of training of Ceylon Petroleum Storage Terminals Limited Laboratory staff in Sri Lanka. 2.7 FORCE MAJEURE Except as regards an act of god, war, strike, invasion, civil war, rebellion, tsunami, revolution, insurrection, military power, earthquake, plagues, the bidder shall undertake all risks and liabilities of whatsoever kind arising out of incidentals or connected with the supplier. 2.8 LIQUIDATED DAMAGES Shall the supplier fail to complete the project within the period specified or shall he/she fail to replace any defective components or a part thereof with a like quantity of approved quality within the period allowed, the supplier shall be liable to pay as a pre-estimate of liquidated damages, the sum 1/1000 th of the CIP value of the machine per day for delay in executing the order, until the order is completed subject to a maximum of 10% of total CIP value of the order. In case of such penalty being imposed by CPSTL, such penalty will be deducted from the performance security. The supplier in these circumstances will also render himself/herself liable to be placed in the list of defaulting suppliers and be precluded from having any concern in the CPSTL bids. Page 18 of 42

19 2.9 PATENT INFRINGEMENT Supplier shall defend any and all infringement suits in which CPSTL is made a defendant, alleging patent infringement on machine purchased from the supplier. Supplier shall pay all costs and expenses incident to any such litigation. It being further agreed and understood, that CPSTL shall have the right to be represented therein by counsel, of their own selection and paid by them. Supplier shall pay all damages profits and/or costs, which may be subjected under the patent rights GOVERNING LAW & JURISDICTION This contract and the rights and the liabilities of the parties hereunder shall be governed by and interpreted according to the laws of the Democratic Socialist Republic of Sri Lanka, and any disputes arising there from shall be subject to the exclusive jurisdiction of the High Court of the western province exercising civil (commercial) jurisdiction at Colombo or the District Court of Colombo in the said Democratic Socialist Republic of Sri Lanka CONTRACT NOT TO BE SUBLET The Bidder shall not assign or sublet without the written authority of the Chairman / Department Procurement Committee (Minor) CPSTL, his obligations to supply the items tendered and agreed for. If any part of his obligation has been assigned or sublet with written authority, he will nevertheless be held responsible for the due performance of the part assigned or sublet ANY OTHER INFORMATION Any other information or clarification required could be obtained from the Chairman Department Procurement Committee (Minor), C/o Manager Procurement, 01 st Floor, New Building, Procurement Function, Ceylon Petroleum Storage Terminals Limited, Oil Installation, Kolonnawa on any working day, between 0900 hrs. and 1600 hrs. not later than 10 days before the closing date of tender given in ITB clause. Telephone : Fax : procure@cpstl.lk Where the Bidders have not sought any clarifications / information such Bidders shall be deemed to have accepted the Bidding Document in full. Page 19 of 42

20 Ceylon Petroleum Storage Terminals Limited reserves the right to issue amendments to the Bidding document if and when deemed necessary, up to 07 days before the closing date of Tender given in ITB Clause and such amendments will be notified to all Bidders who have collected the Bidding documents. The Chairman, Department Procurement Committee (Minor), C/o Manager Procurement CEYLON PETROLEUM STORAGE TERMINALS LIMITED, Oil Installation, Procurement Function, 01 st Floor, New Building, Kolonnawa, Wellampitiya. Page 20 of 42

21 ANNEXURE A-1 SCHEDULE OF PRICES (FOR IMPORT & SUPPLY BASIS) # Description No Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. 2.0 Cost of Recommended consumables for 02 years uninterrupted operations. (Please specify items with cost) Cost of Recommended Chemicals, Solvents and Calibration 3.0 standards if required for operations. (Please specify items with cost) 4.0 Air Freight charges 5.0 Insurance charges 6.0 TOTAL CIP In Figure In Word FOB Price (Currency ) Total Amount LOCAL COST IN LKR # Description Total Cost in LKR Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of Annual Maintenance Contract : Comprehensive maintenance for 2 years after warranty period 9.0 NBT (if applicable) 10.0 VAT (if applicable) 11.0 If any other Cost (Please Specify) 12.0 Total Value Including all the Taxes Page 21 of 42

22 Optional I Description Total Cost in LKR Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Including 02 years Manufacturer s comprehensive warranty and extended comprehensive warranty Cost of comprehensive maintenance period for 3 rd year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 4 th years for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Optional II NBT (if applicable) VAT (if applicable) If any other Cost (Please Specify) Total Value Including all the Taxes Description Total Cost in LKR Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Including 02 years Manufacturer s comprehensive warranty and extended comprehensive warranty Cost of comprehensive maintenance period for 3 rd year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 4 th years for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 5 th year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. NBT (if applicable) VAT (if applicable) If any other Cost (Please Specify) Total Value Including all the Taxes Bid Validity :. (Minimum requirement - As per ITB Clause 1.12) Page 22 of 42

23 Delivery Period :... ( Minimum requirement - As per COC clause 2.2) Brand Name Make Country of Origin : Model No : :... HS Code:.. :... Country &Name of Airport:..... Details of the Manufacturer/Principal Name of Manufacture: Country:.. Name of Principal :. Country:... Name of Beneficiary :. Country.. Principle Address :..... Telephone Facsimile : : Details of the Bidder Name of Bidder Address :. :..... Telephone Facsimile: :.. Signature of the Bidder: (Company Seal) Date: Name of the declared beneficiary will NOT be changed at any time. Page 23 of 42

24 ANNEXURE A-2 SCHEDULE OF PRICES (FOR LOCAL SUPPLY BASIS) # Description Total Amount in LKR No Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of Recommended consumables for 02 years uninterrupted operations. (Please specify items with cost) Cost of Recommended Chemicals, Solvents and Calibration standards if required for operations. (Please specify items with cost) Cost of Annual Maintenance Contract :comprehensive maintenance for 2 years after warranty period 6.0 NBT (if applicable) 7.0 VAT (if applicable) 8.0 Any Others (Please Specify) 9.0 Total Value Including all the Taxes Optional I Description Total Cost in LKR Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Including 02 years Manufacturer s comprehensive warranty and extended comprehensive warranty Cost of comprehensive maintenance period for 3 rd year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 4 th years for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. NBT (if applicable) VAT (if applicable) If any other Cost (Please Specify) Total Value Including all the Taxes Page 24 of 42

25 Optional II Description Total Cost in LKR Cost of Installation, Commissioning & Calibration of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Including 02 years Manufacturer s comprehensive warranty and extended comprehensive warranty Cost of comprehensive maintenance period for 3 rd year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 4 th years for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. Cost of comprehensive maintenance period for 5 th year for of Fourier Transform Infrared (FTIR) Spectrometer with all relevant equipment / accessories for ASTM D 7797 test. NBT (if applicable) VAT (if applicable) If any other Cost (Please Specify) Total Value Including all the Taxes Bid Validity :. (Minimum requirement - As per ITB Clause 1.12) Delivery Period :.... (Minimum requirement - As per COC clause 2.2) Brand Name Make Country of Origin :... :. Model No :.. :... Details of the Manufacturer/Principal Name of Manufacture: Country:. Manufacture/Principle Address :..... Telephone Facsimile : :.. Page 25 of 42

26 Details of the Bidder Name of Bidder Address :. :..... Telephone Facsimile : :.. Signature of the Bidder: (Company Seal) Date: Page 26 of 42

27 EQUIPMENT SPECIFICATIONS ANNEXURE B Fully Automated Fourier Transform Infrared (FTIR) Spectrometer to determine Fatty Acid Methyl Esters Content of Aviation Turbine Fuel using Flow analysis Rapid Screening Method according to ASTM D 7797 standard test method. 1. Power Supply Power Frequency : 230 ± 10% v : 50Hz 2. FTIR Spectrometer Spectral Range (at least) 4000 cm -1 to 650 cm -1 Wave number precision 0.1 cm -1 Resolution <4 cm -1 Cell path length (Optical) 2.0 mm Flow through sample cell Single beam reflective Sealed Yes 3. Measuring range Fatty Acid Methyl Ester content mg/kg 4. Flow through cell assembly, including Calcium Fluoride transparent windows with an effective optical path length 2.0 ± 0.2 mm. 5. Sorbent cartridge including filter SA 5005 (20 μm upper frit, 6 ml Polypropylene cartridge housing, 2.85 g ± 5% sorbent to specification, SA5001, 20μm lower frit) 6. Test Specimen Container, with approximately 50 ml volume marked, with a lid and provision for holding the input tube at approximately 5 mm above the bottom of the container. 7. Waste Container, 50 ml with a lid and provision for the waste outlet tube. 8. Solenoid Valves, computer controlled, small dead volume and orifice size. 9. Connecting Tubing, narrow bore nylon or other suitable material resistant to aviation turbine fuel and FAME. 10. Pump, computer controlled, flow rate nominally 5 ml/min. 11. Filter, 5 micron nylon filter 30 mm nominal diameter fitted to the exit of the sorbent cartridge, with luer fittings one per test. 12. Verification fluid 100 mg/kg containing 100 ± 10 mg/kg of FAME, with a certified value and certainty. 30 mg/kg containing 30 ± 5 mg/kg of FAME, with a certified value and certainty. 13. Calibration fluids Set of five fluids, containing amounts of FAME with certified values and uncertainty. 14. Lint free cloth Page 27 of 42

28 Other Requirements: i) Manufacturing and assembly of the total unit should be in the country of origin. ii) iii) iv) Supplier should supply all technical details with the brochure containing all above for evaluation purposes. Those who do not provide supportive literature of manufacturer / equipment may not be considered for evaluation. Equipment should not be obsolete within next 05 years. v) Minimum of 02 years warranty period. Signature of the Bidder: (Company Seal) Date: Page 28 of 42

29 ANNEXURE C FORM OF BID The Chairman Ministry Procurement Committee (Minor) C/o Manager Procurement Procurement Function 01 st Floor, New Building Ceylon Petroleum Storage Terminals Limited Oil Installation Kolonnawa, Wellampitiya Sri Lanka. Dear Sir, BID FOR THE SUPPLY OF FOURIER TRANSFORM INFRARED (FTIR) SPECTROMETER WITH ALL NECESSARY EQUIPMENT / ACCESSORIES PUBLIC TENDER NO KPR/87/2018 A-1 Having familiarized ourselves with the formal request for Instruction to Bidders and Conditions of Contract of the tender for the Supply, Install, Commission and Calibrate the Fourier Transform Infrared (FTIR) Spectrometer with all necessary equipment / accessories Tender Ref No: KPR/87/2018 referred to therein, I/we offer to complete the whole of said contract/ services in conformity with the said document A-2 Unless & until a formal agreement is engrossed & executed, this bid together with your written acceptance thereof shall constitute a binding contract between us. A-3 I/We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive. A-4 The bid I/we am/are offering is complete and fulfils the technical requirements discussed in the bidding document. A-5 I/We agree to abide by this bid minimum until (minimum requirement as per ITB 1.12). Tender conditions and prices quoted shall remain binding upon us and may be accepted at any time before the expiration of the period. A-6 I/We undertake to conform to all the terms & conditions in the said tender, technical specifications & the schedule within the time specified. A-7 I/We declare that I/we commit to obtain a performance security in accordance with COC clause 2.1 & have perused the format of performance security guarantee (in case of a bank guarantee) contained in Annexure E and confirm our compliance with the said performance security in the event of award of bid. A-8 I/We affirm that the said items will be delivered within.. months (minimum requirement as per COC 2.3) from the date of establishment of the Letter of Credit or PO. A-9 If our bid is accepted, we commit to accept the COC clause 2.2; Mode of payment. Page 29 of 42

30 A-10 I/We am/are fully aware that the acceptance or rejection of any bid will be at the sole discretion of the Ministry Procurement Committee. A-11 I/We offer the total price of [insert total foreign currency price in figures] [insert total foreign currency price in words] and... [insert total LKR price in figures exclusive VAT]... [insert total LKR price in words exclusive VAT] and for the Supply, Install, Commission and Calibrate the Fourier Transform Infrared (FTIR) Spectrometer with all necessary equipment / accessories to Ceylon Petroleum Storage Terminals Limited as detailed out in this bidding document and details of the total price is as given in the Schedule of Prices ANNEXUREA-1 or ANNEXURE-2. Dated this day of 2019 [insert date of signing]. Name......[insert complete name of the person signing the Form of Bid] Signature:.. [insert signature of the person whose name and capacity are shown] in the capacity of [insert legal capacity of the person signing the Form of Bid] duly authorized to sign bids for and on behalf of. [insert complete name of the bidder] Address : (Common Company Seal) Witnesses: 1. Signature: 2. Signature:.. Name: Address :.. Name: Address: Page 30 of 42