UTILITIES CONTRACT NOTICE CONCERNING PERFORMANCE OF PIPE LAY AND TRENCHING OPERATION WITHIN THE B8 FIELD WŁADYSŁAWOWO

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Pieczęć Zamawiającego Znak sprawy FH/ZP-14/2013 UTILITIES CONTRACT NOTICE CONCERNING PERFORMANCE OF PIPE LAY AND TRENCHING OPERATION WITHIN THE B8 FIELD WŁADYSŁAWOWO CONDUCTED IN A RESTRICTED TENDERING PROCEDURE PROCUREMENT MARKING: FH/ZP-15/2014 GDAŃSK 2014

I. PRELIMINARY INFORMATION 1. LOTOS Petrobaltic Spółka Akcyjna (hereinafter the Awarding Entity ) 80-758 Gdańsk ul. Stary Dwór 9, Poland, hereby invites you (hereinafter Contractor or Economic Operator ) to submit Request to participate in the contract award procedure (hereinafter Request ) in a restricted tendering procedure. The legal grounds for awarding a contract are provided in Art. 134 paragraph 1 in connection with Art. 10 paragraph 1 of the Act on Public Procurement Law. 2. The object of the procurement is the execution of trenching, pipe lay and backfill operation within the B8 field - Wladyslawowo, in accordance with the technical specification described in section II below. 3. The procedure shall be carried out in accordance with the Act on Public Procurement Law of 29 January 2004 (Dz. U.[Journal of Laws] of 2010, No. 113, item 759, as amended) (hereinafter the Act or PPL ) and secondary regulations based on it. 4. The Awarding Entity s details: a) registered seat: ul. Stary Dwór 9, 80-758 Gdańsk, Poland b) phone: 58 301-30-61, fax: 58 301-43-11, e-mail: pp@lotospetrobaltic.pl c) KRS (Court Register): 0000171101, NIP (tax id): PL5830003042 5. The procurement marking: FH/ZP-15/2014 (NOTE: this procurement marking shall be indicated in all correspondence addressed to the Awarding Entity). II. DESCRIPTION OF THE SUBJECT OF THE CONTRACT 1. The object of the procurement is the execution of trenching, pipelay and backfill operation within the B8 field - Wladyslawowo (Energobaltic) coated (HDPP), steel, coiled pipeline (4,5 OD), using the ploughing technology. Pipeline will transmit natural gas from Petrobaltic platform (B8 field) to CHP Wladyslawowo. The planned pipeline length is approximately 80 km. Maximum depth of the sea along the pipeline is 87 m. From Energobaltic area the HDD drilling will be conducted with a length of over 1,400 m to the coastal zone. Drilling will end at the sea depth of 7 m; the pipeline will be routed in the casing pipe. From the end of HDD, the trenching, pipe lay and backfill operations shall begin. Coiled pipeline will end at the seabed (area of B8 field) with the flange connected flexible pipe (dynamic riser) that will be hanged and connected to the Petrobaltic platform installation. The procurement ends with backfilling operation in the area of B8 field; dynamic riser hanging operation is in the discretion of LPB. Detailed description of the subject of the contract: a) development of trenching, pipe lay and backfill technology (including the execution of all necessary analyzes), b) supply of equipment and personnel for pipelay, trenching and backfill operation from the ship, c) design the transference procedure of pipeline from the construction reel (owned by the LPB) to the trench in the seabed by plough, d) design placement and mounting to the deck all necessary equipment and potential platforms, e) provide the equipment and personnel that is necessary to straightening the pipeline on board. called hereinafter Pipelay and Backfill of the Gas Pipeline. 2. Awarding Entity shall provide the following: Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 2/7

a) installation reel (MSR reel - specification in the attachment), b) support vessel Granit or Bazalt (specification in the attachment), c) other support vessel if needed, d) accepted welding and clamp arrangements, e) personnel needed for welding and weld testing, f) personnel needed for isolation of the pipeline, g) all materials needed for welding, weld testing and isolation, h) personnel needed for operating the installation reel, i) coiled tubing (specification below) 3. Specification of the coiled tubing pipe (more details in: Calculated Data for 4.5 in X65 ): a) outer diameter OD = 4,5 (114,3mm), b) inner diameter ID = 4 (101,6mm), c) wall thickness WT = 0,25 (6,35mm), tolerance (+/- 10 %), d) grade of seel X65C, e) minimal thickness of 3-layer HDPP coating = 0,072 (1,83mm), f) other data in files: Calculated Data for 4.5 in X65 and Coiled Pipe Line Technical Data 4. The depth below the seabed level of the pipeline will depend on distance from the shoreline: a) in the coastal zone, to the end of HDD and water depth to 15 m, the pipeline cavity shall be 3 m below the seabed, b) in the coastal zone, to 50 km from shore or water depth to 30 m, the pipeline cavity shall be 1,5m below the seabed, c) offshore, the pipeline cavity shall be 1 m below the seabed if it will be possible due to ground condition. 5. The subject of the contract comprises Construction works for plants, mining and manufacturing and for buildings relating to the oil and gas industry pursuant to the following CPV code: 45250000-4. 6. The Awarding Entity does not intend to conclude a framework agreement. 7. The Awarding Entity does not allow submission of variants each of the Contractors, under pain of exclusion from the public procurement process can submit only one (1) offer. 8. 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 auction. 9. The Awarding Entity does not intend to refund costs of participation in the procedure. III. DATE AND PLACE OF CONTRACT PERFORMANCE 1. The expected date of start of the contract performance: 04.2015 2. Place of the contract performance: Władysławowo. 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. 22 paragraph 1 of the Act. Contractors competing for a contract shall meet the conditions relating to: 1.1. authorizations to perform specific activities or actions, if such authorizations 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 fulfillment of conditions. 1.2. knowledge and experience: Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 3/7

Contractors must demonstrate experience in performing work of a similar nature to the subject of the contract, i.e. to demonstrate that in the last three years prior to the deadline for submission of Requests (if the period of activity is shorter - in this period), they have buried at least one (1) pipeline of a total length of not less than 100 km and have laid at least 200 km of a pipeline on the seabed. Awarding Entity requires performance of at least one (1) task concerning laying of the pipeline on the Baltic Sea. The assessment of fulfillment of the condition will be made on the basis of an analysis of a list of executed supplies provided to other entities, submitted with the Request. 1.3. appropriate technical potential and personnel capable of performing a contract the Contractors shall have at their disposal: a) remotely operated vehicle capable of performing work underwater (working class ROV) b) equipment capable of excavating, pipe laying and bacfilling in soils described in geotechnical expertise concerning the seabed, which shall be made available to contractors upon acceptance of the declaration concerning confidentiality. The assessment of fulfillment of the condition will be made on the basis of an analysis of a list of executed supplies provided to other entities, submitted with the Request. 1.4. economic and financial standing: The Contractors shall demonstrate having generated revenues from sales of a minimum of 25 000 000,- PLN in the last two financial years. The assessment of the fulfillment of this condition will be made on the basis of analysis of Contractor s statement on the amount of revenues from sales in each of the last two financial years or the profit and loss account for these three years, if the duration of economic activity is shorter for that period. 2. Eligible to participate in the procedure shall be Contractors who are not excluded pursuant to Art. 24 of the Act. The provisions of Art. 24 of the Act also apply in case a Contractor relies on the resources of other economic operators pursuant to the principles specified in Art. 26 paragraph 1 of the Act. 3. The assessment of fulfillment of the above conditions shall be made in accordance with the fulfilled/not fulfilled formula based on the information included in the documents and statements listed in section V of this contract notice. The contents of enclosed statements shall clearly indicate that the Contractor has fulfilled the said conditions. The Awarding Entity shall request from Contractors, who have not submitted at the defined date, statements and documents confirming fulfillment of the conditions for participation in the contract award procedure or who have submitted documents containing errors, to have them supplemented in accordance with Art. 26 of the Act. V. V. STATEMENTS AND DOCUMENTS TO BE PROVIDED BY CONTRACTORS TO CONFIRM THE FULFILMENT OF THE CONDITIONS FOR PARTICIPATION IN THE CONTRACT AWARD PROCEDURE SPECIFIED IN SECTION IV OF THIS CONTRACT NOTICE 1. To demonstrate fulfillment of the conditions by the Contractor which are referred to in Art. 22 paragraph 1 of the Act and to prove there are no grounds for exclusion from the contract award procedure under circumstances that are referred to in Art. 24 paragraph 1 of the Act, the Contractor shall submit the following documents: 1.1. Request to participate in the contract award procedure (in accordance to the template available on: http://www.lotos.pl/repository/39955/en), Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 4/7

1.2. Statement about lack of grounds for exclusion pursuant to Art. 24 of the Act Art. 26 Section 2 of the Act in accordance to the templateavailable on: http://www.lotos.pl/repository/39953/en), 1.3. Statement about the fulfillment of conditions for participation in the contract award procedure pursuant to Art. 22 paragraph 1 of the Act, in accordance to the template available on: http://www.lotos.pl/repository/39954/en). 1.4. 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 Request submission date, and with reference to natural persons - statement regarding the scope of Article 24 paragraph 1 item 2 of the Act, 1.5. Current information from the National Register of Criminal Records to the extent specified in Art. 24 paragraph 1 items 4 to 8 of the Act issued not earlier than 6 months before expiry of the Request submission date, 1.6. Current information from the National Register of Criminal Records to the extent specified in Art. 24 paragraph 1 item 9 of the Act, issued not earlier than 6 months before expiry of the Request submission date, 1.7. Valid certificate issued by a relevant head of 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 installments or the execution of a decision of a competent authority has been stopped issued not earlier than 3 months before expiry of the Request submission date, 1.8. Valid certificate issued by a relevant branch of Social Insurance Institution (ZUS) or 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 installments or the execution of a decision of a competent authority has been stopped issued not earlier than 3 months before expiry of the Request submission date, 1.9. reference list concerning works performer during last three (3) years (and if the duration of economic activity is shorter for that period) proir tio the day of submission of the offer including values of the performer works, dates of their performance, lengts and diameters of the laid and buried pipelines and contact details of the entities for which the services have been perfoemed, 1.10. list of equipment including its description, as required in point IV.1.3.1 of this notice, 1.11. Statement on the amount of revenues from sales in each of the last two financial years or a profit and loss account for these years, pursuant to section IV 1.4 of this contract notice (NOTE documents should relate to the Contractor, not his capital group), 1.12. List of entities belonging to the same capital group as Contractor as provided for in art. 24 paragraph 2 item 5 of the Act, 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.1.4, V.1.6, V.1.7, V.1.8 he shall submit documents in compliance with Art. 2 of the ordinance of the President of the Council of Ministers of 19th February 2013 on the types of documents that an Awarding Entity may request from a Contractor and forms in which such documents may be submitted, i.e.: 2.1. Instead of documents that are referred to in section V.1.4, V.1.6, V.1.7, and V.1.8 the Contractor shall submit a document or documents issued in the country in which it has its registered office or place of residence, confirming, respectively that: Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 5/7

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 installments 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 it. 2.2. Instead of the document referred to in Section V.1.5, the Contractor 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. 24 paragraph 1 items 4 to 8 of the Act. 2.3. Documents that are referred in section V.2.1a and V.2.1c and in section V.2.2 shall be issued not earlier than 6 months before expiry of the submission date of Requests, and the document that is referred to in section V.2.1b shall be issued not earlier than 3 months before the expiry of the submission date of Requests. 2.4. If (according to the information available on official EU website http://ec.europa.eu/markt/ecertis/login.do) in the place of residence of a person or in the country in which a Contractor has its registered office or place of residence, documents referred to in section V.2.1 and V.2.2 are not issued, they shall be replaced with a document containing a statement made before a notary public, a competent court or administrative authority or a self-government professional or economic body of the country of origin or the country in which a contractor has its registered office or place of residence. Provision on issue dates of such documents given in section V.2.3 shall apply accordingly. 3. In case of Contractors who jointly compete for awarding of contract, it shall be required that each Contractor submits documents described in section V.1 with the exclusion of sections V.1.1, V.1.2 and V.1.3. VI. The documents described in sections V.1.1, V.1.2 and V.1.3 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.1.9 V.1.11 shall be submitted by Contractors acting jointly who demonstrate fulfillment of the condition which must be proven with a requested document. THE MANNER OF PREPARATION OF REQUEST TO PARTICIPATE IN THE CONTRACT AWADR PROCEDURE 1. The Request to participate in the contract award procedure, as well as the statements and the documents attached to it, specified in Section V of this contract notice, shall be prepared in Polish or English language in a written form under the clause of nullity and shall be signed by the Contractor or person(s) entitled to draw and accept obligations on behalf of the Contractor. 2. In case the above mentioned Request and/or statements are signed by a proxy authorized by the Contractor, a proper power of attorney, with a description of its scope, signed by person(s) authorized to represent the Contractor, is required. 3. The documents attached to the Request can be submitted as an original or as a true copy certified by the Contractor to be a true copy of the original. If a copy submitted by the Contractor is illegible or questionable, the Awarding Entity shall be entitled to request an original document or a copy certified by a notary. 4. After consideration of the Requests to participate in the contract award procedure, the Awarding Entity shall invite to submit offers 5 (five) Contractors who fulfill conditions for participation in the contract award procedure. In case the number of the Contractors who fulfill the conditions Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 6/7

VII. exceeds 5 (five), the Awarding Entity shall invite 5 (five) Contractors who in the list referred to in Section V item 1.9 provide the highest value of performed supplies. TENDER EVALUATION CRITERIA 1. The Awarding Entity shall select the best tender based on the following criteria and their weights: IX. Price according to specific description, which hall be provided in SIWZ weight 100 % DEPOSIT 1. Participation in the contract award procedure is not conditioned by submission of deposit. XI. PLACE AND DATE FOR SUBMISSION OF REQUESTS TO PARTICIPATE IN THE CONTRACT AWARD PROCEDURE 1. Request shall be submitted in person, via courier or by post in the Awarding Entity s registered seat, i.e. at 80-758 Gdańsk, Stary Dwór 9, Poland, room 212, building B6, by 2014-08-14 r. until 13 00 CET. The reception date of the Request in the Awarding Entity s registered seat shall be recognized as the submission date. 2. The Contractor joining the contract award procedure shall submit the Request to participate in the contract award procedure in two sealed envelopes (or other packing): a) the outer envelope marked: ''Request to participate in the contract award procedure for the execution of trenching, pipe lay and backfill operation within the B8 field - Wladyslawowo (marking FH/ZP-15/2014), conducted in a restrited tendering procedure. b) the inner envelope marked with the name and address of the Contractor in such manner, so that the Request can be sent back in case it has been submitted after the term for Request submission, subject to Article 27 paragraph 5 of the Act. 3. According to Article 27 paragraph 5 of the Act, information about submission of the Request to participate in a contract award procedure may be provided by telephone prior to the expiry of the time limit for submission of the Requests to participate in a contract award procedure. The Request shall be deemed as submitted within the time limit, if the Request has been sent in writing to the Awarding Entity, prior to the expiry of the time limit for the submission of Requests to participate in the award procedure and the Awarding Entity has received it not later than within 7 days from the expiry of the time limit for submission of such Requests. XVIII. PERSONS AUTHORIZED TO COMMUNICATE WITH CONTRACTORS The following persons have been authorized to communicate with Contractors: 1. In formal aspects regarding the contract award procedure: Michał Kostelecki. 2. In technical aspects regarding the subject of the contract: Mateusz Maciejewski. Information shall be provided on business days from Monday to Friday, between 9:00am and 2:00pm. XIX. INFORMATION ABOUT PUBLICATION ON THE OFFICIAL EU WEBSITE This Contract Notice has been sent to the Official Journal of the European Union on 30 th July 2014. On behalf of the Awarding Entity Authorized Person Dariusz Wojdynski Tender no FH/ZP-15/2014: Notice concerning execution of trenching, pipe lay and backfill operation within the B8 field - Władysławowo 7/7