request for proposal for the supply of lng (for a cargos ... spot lng supply(3) rfp... · request...

LIQUEFIED NATURAL GAS SUPPLY – REQUEST FOR PROPOSAL DOCUMENT JORDAN LNG PROJECT PAGE i

Request for Proposal for the Supply of LNG (for a cargos to

be delivered in October 2015)

Issued by:

National Electric Power Company of Jordan

12 August 2015

LIQUEFIED NATURAL GAS SUPPLY – REQUEST FOR PROPOSAL DOCUMENT JORDAN LNG PROJECT PAGE ii

Acronyms

bcf/d Billion Cubic Feet Per Day

Btu British Thermal Units

FSRU Floating Storage and Regasification Unit

GWh Gigawatt Hour

IPP Independent Power Producer

JGTP Jordan Gas Transmission Pipeline

JKM Japan/Korea Marker

LNG Liquefied Natural Gas

LNGC Liquefied Natural Gas Carrier

MMBtu Million British Thermal Units

mmscf/d Million Standard Cubic Feet Per Day

MSA Master Sale and Purchase Agreement

MW Megawatt

NBP National Balancing Point (United Kingdom)

NEPCO National Electric Power Company

RfP This Request for Proposal

TBtu Trillion British Thermal Units

LIQUEFIED NATURAL GAS SUPPLY – REQUEST FOR PROPOSAL DOCUMENT JORDAN LNG PROJECT PAGE iii

Disclaimer

This Request for Proposal (RfP) has been prepared for the National Electric Power Company of Jordan, to invite

proposals for the supply of LNG to be delivered to the Terminal.

Although the information contained herein has been obtained from sources believed to be reliable, NEPCO

expressly disclaim any and all liability for incomplete or inaccurate information, or representations expressed or

implied, contained in, or omitted from, the RfP or any other written or oral or electronic media communication

transmitted or made available to any recipients of this RfP. NEPCO MAKE NO EXPRESS OR IMPLIED

WARRANTIES WITH RESPECT TO THE COMPLETENESS OF ANY FINANCIAL OR OTHER DATA

CONTAINED HEREIN. NEPCO also expressly disclaim all liability, including, without limitation, liability

for misrepresentation, negligence or otherwise arising from any recipient's reliance upon the accuracy or

completeness of the information contained in this RfP.

Each recipient of this RfP must rely upon its own investigations and evaluations to establish its own

conclusions as to the merits of the opportunity. This RfP is provided for information only and is not intended to

be, and must not be, taken as the basis for any investment decision. In making an investment decision,

prospective Bidders must rely on their own examination of the opportunity including the merits and risks

involved.

This RfP must be treated in the strictest confidence and may not be used for any other purpose or be reproduced,

disclosed or distributed by any party receiving a copy to any other party without the express prior written

consent of NEPCO.

Prospective Bidders are not to construe the contents of the RfP as tax or legal advice. No professional, financial

or legal adviser or any Government authority identified herein or any other independent third party has

independently verified or advised on the accuracy or completeness of this RfP, the information presented herein,

or the applicable laws of any jurisdiction. Neither do any of the above assume any responsibility for the contents

of the RfP. Prior to making a bid for the supply of LNG, any prospective Bidder should consult with its own

legal, business and tax advisors to determine the appropriateness and consequences of bidding for the supply of

LNG.

The delivery of this RfP at any time does not imply that the information contained herein is correct at any time

subsequent to its date. NEPCO reserves the right to supplement or amend the information contained herein at

any time. Neither NEPCO nor its advisors have any obligation to update or otherwise revise any information in

this RfP including, without limitation, any projections, including any revisions to reflect changes in economic

conditions or other circumstances arising after the date hereof or to reflect the occurrence of unanticipated

events, even if the underlying assumptions do not come to fruition.

LIQUEFIED NATURAL GAS SUPPLY – REQUEST FOR PROPOSAL DOCUMENT JORDAN LNG PROJECT PAGE iv

Table of Contents

Section A: Instructions to Bidders .................................................................................... 1

1. Overview of Tender Process ..................................................................................... 2

1.1 Introduction .................................................................................................................................. 2 1.2 Prerequisite for Bidding .............................................................................................................. 2 1.3 Bid Summary ................................................................................................................................ 2 1.4 Bid Timetable ................................................................................................................................ 3 1.5 Bid Instructions ............................................................................................................................. 3 1.6 Bid Requirements ......................................................................................................................... 9

Section B: Forms ................................................................................................................. 11

1. Bid Letter .................................................................................................................... 12

2. Form of Confirmation Notice ................................................................................. 13

3. Form of Performance Guarantee ............................................................................ 18

LIQUEFIED NATURAL GAS SUPPLY – REQUEST FOR PROPOSAL DOCUMENT JORDAN LNG PROJECT Page 1

Section A: Instructions to Bidders


1. Overview of Tender Process

1.1 Introduction

The National Electric Power Company of Jordan (NEPCO) hereby invites bids (each a Bid)

for the supply of Liquefied Natural Gas (LNG) to be delivered to the Al-Sheikh Sabah LNG

Terminal at Aqaba, Jordan (the Terminal).

This RfP is being made available to all companies who have expressed an interest in

supplying LNG to NEPCO (each a Bidder).

1.2 Prerequisite for Bidding

NEPCO has executed a number of Master Sale and Purchase Agreements (each an MSA)

and is continuing to negotiate with other suppliers. NEPCO will work with Bidders to

execute an MSA prior to Bid submission. An MSA must have been signed by a Bidder and

received by NEPCO by the deadline set out in Clause ‎1.4 أسفل for its Bid to be considered.

1.3 Bid Summary

This RfP is being issued for the purpose of selecting a suitable LNG supplier to enter into an

Agreement, as defined in the MSA, to provide NEPCO with LNG as detailed below:

Contract Requirements

Total Contract Volume Two cargos of LNG

Delivery Timing Cargo #1 06 October 2015 through 07 October 2015.

Cargo #2 12 October 2015 through 13 October 2015.

Delivery Point LNG is to be provided on a DES (Delivered Ex-Ship) basis

to the Terminal

Contract Quantity 3.0 – 3.6 TBtu per cargo

Delivered LNG Volume No greater than 155,500 m3 per cargo

(i.e. equivalent to 160,000m3 LNGC )

Other Terms and Conditions As detailed in the MSA executed between the Bidder and

NEPCO


More detailed requirements are set out as follows:

a. LNG specifications as provided in the Form of Confirmation Notice set out in Annex

A of the MSA (the Specifications);

b. LNG Ship specifications as provided in the MSA; and

c. Buyer's Facilities specifications as provided in the MSA.

1.4 Bid Timetable

RfP release date 12 August2015

Deadline for NEPCO to receive MSA signed by Bidder 16 August 2015

Bid Submission Window 11:00 to 12:00 (Jordan

time), 18 August 2015

Confirmation Notice executed by NEPCO

No later than 18:00

(Jordan time)

on 20 August 2015

1.5 Bid Instructions

Bidders are required to submit binding Bids. Bids should comply with the following

requirements:

a. Compliant Bids

The documents comprising the Bid shall consist of the following:

i. Bid Letter in the form set out in Section B1; and

ii. Confirmation Notice in the form set out in Section B2.

As noted above, NEPCO must have received a signed MSA from the Bidder no later

than 16 August 2015 for its Bid to be considered. Bids received from Bidders who

have not provided a signed MSA to NEPCO will be rejected.

b. Alternative Bids

Bidders may provide alternative Bids for the supply of LNG. For example,

alternative Bids may include:


i. A Price Proposal containing a price formula; or

ii. A cargo Delivery Window lying partially outside the relevant date range

stated in ‎1.3 أعلى.

Alternative Bids are not required to be in compliance with the Bid requirements.

NEPCO will consider alternative Bids at its sole discretion.

c. Bidder Questions

Bidders may submit questions at any time up to three (3) days prior to the beginning

of the Bid Submission Window.

Questions should be submitted by e-mail to:

[email protected]

with copies to:

[email protected]

[email protected]

[email protected]

Copies of any questions and replies from NEPCO will be circulated to all Bidders,

though the identity of the Bidder asking the question will be kept confidential.

d. Amendment of the RfP

At any time up to four (4) days prior to the beginning of the Bid Submission

Window, NEPCO may amend the RfP by issuing an addendum.

Any addendum issued shall be part of the RfP and shall be issued in writing to all

Bidders.

e. Bid Submission

All Bids must be sent by e-mail between 11:00 and 12:00 hours local time in Amman,

Jordan on 18 August 2015 (the Bid Submission Window).

Any Bid sent outside the Bid Submission Window may be rejected, no matter what

the reason for the early or late submission. It is the responsibility of Bidders to

comply with the Bid Submission Window.

f. Presentation of Bids

mailto:[email protected]




Bids must be submitted by e-mail. Bids submitted by facsimile, telex, telegram,

courier, mail or personal delivery may not be accepted.

Bids should be submitted by e-mail to:

[email protected] ; and

[email protected]

only, without any other recipients in copy.

The subject of the e-mail should be: “Proposal for the Supply of Liquefied Natural

Gas”.

Bids are to be provided as signed PDF documents.

g. Bid Validity

Bids shall be valid for a period of fifty four (54) hours from the end of the Bid

Submission Window (the Bid Validity Period). A Bid valid for a shorter period may

be rejected by NEPCO.

h. Clarification of Bids

To assist in the qualification, evaluation and comparison of the Bids, and ranking of

the Bidders, NEPCO may, at its discretion, ask any Bidder for a clarification of its

Bid, and provide a reasonable time for the preparation and submission of a response

from that Bidder. Any clarification submitted by a Bidder that is not in response to a

request by NEPCO shall not be considered.

No change, including any voluntary increase or decrease, in the prices of the Bid

shall be sought, offered, or permitted, except to confirm the correction of arithmetic

errors discovered by NEPCO in the evaluation of the Bids.

If a Bidder does not provide the requested clarifications of its Bid by the date and

time set in NEPCO’s request for clarification, its Bid may be rejected.

i. Evaluation of Bids

NEPCO will evaluate the Bids received and rank Bidders based on:

(i) Price;

(ii) Delivery Window; and

(iii) Form and value of the requested credit support.

NEPCO will select the Bids that provide the required LNG volumes and energy

content at the lowest overall cost. The cost assessment will include price and other

commercially important contract terms as set out in the MSA (including the

Confirmation Notice).




NEPCO is willing to provide credit support on a per cargo basis. However NEPCO

prefers Bids that: (i) do not require credit support; or (ii) require a standby letter of

credit from a Jordanian bank only. The form of credit support will be taken into

account in the choice of the selected Bidder.

NEPCO reserves the right to accept or reject any Bid, and to annul the Bid process

and reject all Bids at any time prior to execution of the Confirmation Notice, without

thereby incurring any liability to Bidders.

j. Confidentiality

Bids will not be publically opened. Information relating to the evaluation of Bids

shall not be disclosed to Bidders or any other persons not officially concerned with

the Bid process, and the Bid ranking will not be disclosed to Bidders. NEPCO may

announce the identity of the selected Bidder, but no further information will be

disclosed.

k. Notification of Bid Results

Prior to the expiration of Bid Validity Period, NEPCO shall:

i. notify the selected Bidder in writing that its Bid has been accepted, sign the

Confirmation Notice by the deadline set out in ‎1.4 أعلى, and issue the

Confirmation Notice to the selected Bidder; and

ii. notify each unsuccessful Bidder that its Bid has not been selected.

l. Performance Guarantee

No later than twenty (20) days before the start of the cargo Delivery Window, the

selected Bidder shall provide NEPCO with a US Dollar denominated performance

guarantee for an amount of ten percent (10%) of the cargo value, based on the

Contract Quantity multiplied by the Price Proposal, and issued by a bank in Jordan

(the Performance Guarantee) as security for NEPCO for the performance obligations

required by the MSA. The form of Performance Guarantee is attached at Section B3.

The Performance Guarantee must be valid for forty-five (45) days from the date of

issuance.


m. NEPCO discretion

NEPCO reserves the right to reject any or all Bids without assigning any reasons and

its decisions shall be final and binding. NEPCO will be under no obligation at any

time to select any Bid.

n. Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its

Bid, and NEPCO shall not be responsible or liable for any of those costs, regardless of

the conduct or outcome of the Bid process.

o. Language of Proposal

Bids and all related correspondence and documents shall be written in the English

language.

p. Currencies to be used in the RfP

The currency to be used in the Bid will be United States Dollars (USD). Bids not

using USD may be rejected by NEPCO.

q. Fraud and Corrupt Practices

NEPCO requires that Bidders, suppliers, contractors, consultants and concessionaries

(including their respective officers, employees and agents), adhere to the highest

ethical standards, and report to NEPCO all suspected acts of fraud or corruption of

which they have knowledge or become aware during the selection process. The

definitions of actions set forth below involve the most common types of fraud and

corruption but are not exhaustive. For this reason NEPCO shall also take action in

the event of any similar deed or complaint involving alleged acts of fraud and

corruption even when these are not specified in the following list. In pursuit of this

policy, NEPCO:

i. defines, for the purpose of this article the terms set forth below as follows:

(aa) corrupt practice means the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the action of another

Bidder or a NEPCO official, advisor or representative in the selection process;

(bb) fraudulent practice means a misrepresentation or omission of facts in

order to influence the selection process and includes collusive practice among

Bidders designed to establish indicative prices at artificial, non-competitive

levels and to deprive NEPCO of the benefits of free and open competition;


(cc) collusive practice means a scheme or arrangement between two or more

Bidders, with or without the knowledge of NEPCO, designed to establish

indicative prices at artificial, non-competitive levels or to influence the action

of any party in the selection process;

(dd) coercive practice means impairing or harming, or threatening to impair

or harm, directly or indirectly, persons or their property in order to influence

their participation in the selection process; and

(ee) obstructive practice means deliberately destroying, falsifying, altering, or

concealing of evidence material to the investigation or making false

statements to investigators in order to materially impede a NEPCO

investigation into allegations of a corrupt, fraudulent, coercive or collusive

practice; and/or threatening, harassing or intimidating any party to prevent it

from disclosing its knowledge of matters relevant to the investigation or from

pursuing the investigation.

ii. will reject a Bid if it determines that the Bidder recommended for award, or

any of its personnel, or its agents, or its sub-consultants, subcontractors,

service providers, suppliers and/or their employees, has, directly or

indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive

practices in competing for this project or other projects in Jordan; and

iii. will sanction a firm or individual, including declaring them ineligible, either

indefinitely or for a stated period of time, to be awarded a contract with the

Government of Jordan if it at any time determines that they have, directly or

through an agent, engaged, in corrupt, fraudulent, collusive or coercive

practices.


1.6 Bid Requirements

a. Volume Proposal

Bidders must demonstrate their capability to supply the volume they are bidding for.

Specifically Bidders should provide in their Confirmation Notice:

i. Delivery Timing

Bidder must specify a delivery window lying within the date range stated in

‎1.3 أعلى (the Delivery Window).

ii. Contract Quantity and Volume Commitment

Bidder must specify the Btu content of the cargo (the Contract Quantity). The

Contract Quantity must be a single value in Btu lying within the 3.0—3.6

TBtu range stated in ‎1.3 أعلى.

The actual quantity of LNG delivered may be the Contract Quantity plus or

minus two percent (+/- 2%).

The volume of LNG delivered must not exceed 151,500 m3.

For the avoidance of doubt, Bidder must comply with both of the

requirements above in terms of energy content (Btu) and volume (m3).

NEPCO requires this level of certainty because the FSRU is the only storage

facility available to it and there is limited capability downstream for varying

gas off-take. NEPCO therefore has to ensure that the FSRU has sufficient

storage capacity for unloading each cargo and that the energy can be

consumed in its power stations.

iii. Shipping Commitment

Bidder shall specify the LNG Ship to be used for transporting the LNG. Note

that the Terminal can accommodate LNGC sizes up to Q-Flex.

iv. LNG Source

Bidder shall specify the LNG supply source(s).

v. LNG Specifications


Bidders must confirm that their LNG supply will conform to the

Specifications as set out in the Confirmation Notice.

b. Price Proposal

For each cargo that the Bidder is bidding to supply, the Bidder must propose a fixed

price (the Price Proposal). NEPCO will analyse the Price Proposals and choose the

most advantageous, taking account of the cost of NEPCO's alternative fuels (diesel

and fuel oil).

The Price Proposal should be presented net of all custom duties or fees, transfer

taxes, stamp duties and general and special sales taxes that are applicable within

Jordan. The liability for payment of taxes will be as set out in the MSA.

Bidders are allowed to propose different prices for the different cargo combinations

that can be bid for. For example, Bidders are allowed to propose different prices for

supplying both cargos versus supplying a single cargo. Bidders should clearly

explain their different price/cargo proposals and, for clarity, Bidders should submit

separate Confirmation Notices for each different price/cargo proposal.


Section B: Forms


1. Bid Letter

[Name of Bidder and Address]

[Date]

H. E. Abdul Fattah Aldaradkah,

General Manager of the National Electric Power Company

National Electric Power Company

Jabel Amman – 7th Circle, Zahran Street

Amman, 11814

Jordan

Your Excellency,

Bid to supply Liquefied Natural Gas

We, the undersigned, declare that:

(a) we have executed a Master Sale and Purchase Agreement for LNG with NEPCO;

(b) we have examined the Bidding Documents, including any addenda, and have no

reservations;

(c) we hereby offer to supply LNG in conformity with the Bidding Documents in

accordance with the Confirmation Notice provided as part of our Bid;

(d) our Bid is valid for a period of fifty-four (54) hours from the end of the Bid Submission

Window and it shall remain binding upon us and may be accepted at any time before

the expiration of the Bid Validity, in accordance with the Bidding Documents; and

(e) we understand and acknowledge that you are not bound to accept any Bid that you

may receive.

We hereby confirm that the information provided as part of our Bid is complete and

accurate and all necessary Board and other approvals have been obtained prior to the

submission of our Bid.

Yours faithfully,

Signed

Name

Duly authorized to sign the Bid for and on behalf of [name of Bidder]

Dated


2. Form of Confirmation Notice

Confirmation Notice

Pursuant to the Master Sale and Purchase Agreement for LNG dated [ ], between the National

Electric Power Company (NEPCO) and [ ] (the Seller) (the Master Agreement), NEPCO and the

Seller agree upon the following sale and purchase of LNG on this day of

, 2015.

1. Terms of Delivery

The deliveries under this Confirmation Notice shall be DES deliveries and Annex B of the Master

Agreement shall apply.

2. Source of LNG

The Gas Supply Area shall comprise [ ].

The Loading Port shall be the port located in [ ].

The expected departure date from the Loading Port shall be [ ].

3. Discharge Port and Buyer’s Facilities

The Discharge Port and Buyer’s Facilities shall be those located at Aqaba LNG Terminal, Jordan.

4. Quantities

The Contract Quantity shall be [ ] MMBtu.

For operational and tolerance purposes, the actual quantity of LNG that Seller may, at its option,

deliver to Buyer shall be the Contract Quantity plus or minus two percent (+/- 2%). For

avoidance of doubt, where Seller delivers to Buyer any quantity of LNG within this range and

where Buyer accepts in full such quantity of LNG, the provisions of Clauses 4.2 or 4.3 of the

Master Agreement shall not apply.


5. Specifications

The Specifications shall be:

Component Units Min Max

Nitrogen Mole % 0.00 1.00

Methane Mole % 83 100

Ethane Mole % 0.00 13.00

Propane Mole % 0.00 4.00

I-Butane Mole % 0.00 2.00

N-Butane Mole % 0.00 1.00

I-Pentane Mole % 0.00 0.2

N-Pentane Mole % 0.00 0.15

Specification Limits Units

Wobbe Index Btu/SCF Min 1320 Max 1470

Gross Heating Value Btu/SCF Min 980 Max 1180

Hydrogen Sulphide mg per

NCM

Max 6.0

Carbon Dioxide mol per

cent

Max 0.1

Total sulphur including

mercaptans

mg per

NCM

Max 30.0

NOTE: Hydrogen Sulphide will only be measured at the Loading Port, and notified to the Buyer

in the Certificate of Quality and Quantity provided that such notification is received from the

Loading Port.


6. Contract Price

The Contract Price shall be [ ] per MMBtu.

7. Parties' Bank Account Details

The name of Seller's bank and Seller's account details for the purposes of Clause 8.4 of the Master

Agreement are as follows:

[Include relevant bank details]

Account Name:

Bank Name:

Bank Address:

Account Number:

Sort Code:

Swift Code:

IBAN:

The name of Buyer's bank and Buyer's account details for the purposes of Clause 8.4 are as

follows:

[Include relevant bank details]

Account Name:

Bank Name:

Bank Address:

Account Number:

Sort Code:

Swift Code:

IBAN:


8. LNG Ship(s)

The LNG Ship(s) to be utilised for transportation of LNG under this Confirmation Notice and

her/their technical descriptions are as follows:

Name of LNG Ship:

Gross Vessel Capacity: [ ] m3 of LNG

Daily Boil-Off Rate: [ ] % of capacity

9. Demurrage Rate(s)

The rate(s) of Demurrage for the purposes of paragraph 5 of Annex B of the Master Agreement

shall be [ ] per day and pro rata for any begun day.

10. Delivery Window(s)

For each cargo to be delivered under this Agreement, the Delivery Window shall be a period of

[ ] hours commencing at [ ] (local time at the Discharge Port) on [ ].

11. Allowed Laytime

The Allowed Laytime shall be forty-eight (48) hours for LNG Ships with a gross vessel capacity

of up to one hundred and seventy thousand (170,000) cubic metres. For LNG Ships with a gross

vessel capacity that is in excess of one hundred and seventy thousand (170,000) cubic metres, 1.6

hours will be added to the standard forty-eight (48) hour laytime for every thousand (1000) cubic

metres of gross vessel capacity that the LNG Ship is in excess of one hundred and seventy

thousand (170,000) cubic metres. This will be calculated in accordance with the following

formula:

12. Credit Support

Buyer shall provide the Seller with credit support in accordance with Clause 8.6 of the Master

Agreement as follows:

[Details of credit support to be specified here (form, start date, duration, amount etc.)]

13. Other Provisions


In witness whereof, each of the Parties, in accordance with the Master Agreement, has caused

this Confirmation Notice to be executed by its duly authorised representative.

[ ] NATIONAL ELECTRIC POWER COMPANY

By: _________________________________ By: _________________________________

Title: ________________________________ Title: ________________________________


3. Form of Performance Guarantee

[Date]

National Electric Power Company

PO Box 2310

Amman

11181

Jordan

We refer to the DES Master Sales Agreement (the MSA) between [ ] (the Principal) and

National Electric Power Company dated [ ] (the Beneficiary).

We, [insert name of Jordanian bank], having our head office at [insert address of bank],

hereby irrevocably and unconditionally guarantee and undertake to pay the Beneficiary any

sum or sums up to an aggregate amount up to [insert the amount being 10% of the expected

cargo value] United States Dollars (USD) upon first written demand of the Beneficiary, all

without there being need for legal or administrative procedures and without need to prove

the Principal’s default.

Any claim under this Guarantee must include a statement signed by the Beneficiary

confirming:

1 The Beneficiary is entitled to claim under this Guarantee as the Beneficiary

has issued an invoice to the Principal in accordance with Clause 8.2 of the

MSA, and the Principal has failed to pay the afore-mentioned invoice in

accordance with Clause 8.3.2 of the MSA;

2 That as a result of the above conditions being satisfied the amount claimed is

due to the Beneficiary; and

3 The amount claimed,

such claim and statement shall be accepted by us as evidence, for the purposes of this

Guarantee alone, that the amount claimed is due to the Beneficiary under this Guarantee.

This Guarantee will be valid for [forty-five (45)] days from the date hereof. With respect to

any demand for payment under this Guarantee received by us on or before the expiry date

of this Guarantee, our obligations under this Guarantee shall remain in force until such

demand is finally settled.

This Guarantee shall be governed by English law.


Yours faithfully,

Signed

Name

Duly authorised for and on behalf of [name of bank]

Date