翻译 INVITATION TO BID.doc

INVITATION TO BIDforSteaming Coal for KOSEP Power Plants(Samcheonpo, Yeonghung Thermal Power Plant) ITB no.(Bid Notice no) KOSEP-Coal-20l2-SP06-16 Floor Daehwa Bldg, 169SAMSUNG-IDONG, GANGNAM-GUSEOUL, 135-882, REPUBLIC OF KOREATEL NO. 82-70-8898-1564FAX NO. 82-50-5027-1835KOREA SOUTH-EAST POWER CO., LTD.(KOSEP)TABLE OF CONTENTSCHAPTER I - BIDDING INSTRUCTIONSClause I - GeneralClause 2 - Bidding ProceduresClause 3 - Preparation of Bid ProposalsClause 4 - Evaluation of BidClause 5 - Performance BondCHAPTER II - BID FORMATSA. price proposalClause I - Bid Price FormClause 2 - Shipping ConditionsB. Technical ProposalClause 3 - Coal Specification FormCHAPTER III - CONTRACT- 2 -CHAPTER IBIDDING INSTRUCTIONS- 3 -BIDDING INSTRUCTIONSCLAUSE 1 - GENERAL1.1 IntroductionKorea South-East Power Co., Ltd. (KOSEP), duly organized by virtue of the law of the Republic of Korea and having its head office in Seoul, Korea, issues this Invitation To Bid (ITB) to provide Bidders with information in detail on the procedures of and requirements for Bidding and Contractual terms and conditions.1.2 Quantity, Price Terms and Shipping Schedule The quantity of coal to be purchased is 260,000 Metric Tons (MT).The specifications, quantity and shipping schedules of coal are as follows:Coal Spec. Quantity to be procured Shipping ScheduleRef. Clause 1.4 260,000MT August 1, 2012 - August 31 , 2012(NCY Min.5,500kcal/kg) *For Colombian shipment, the loading shall be executed from 15th June to 14th July, 2012 in consideration of its long voyage.A, Quantity and Price Terms Bidders are requested to offer quantity in lots of 65,000MT (for shipment from china,Indonesia, Russia) or 130,000MT (for shipment from Australia, Canada, South Africa,USA Colombia and etc.) on both FOBT and CFR basis.For CFR basis, bidders shall submit the price basis both on Samcheonpo port and Yeonghung port. However, bidders can submit only the price for Yeonghung when the bidding is for Cape size only with the bidding amount more than 130,000MT. KOSEP has the right to award the contract on either a FOBT loading port or a CFR discharging port.B. Shipping Schedule Bidders shall indicate the preferred Laycan of fifteen consecutive days within the above shipping schedule. KOSEP may refer to the Bidders preferred laycan , however,KOSEP will not be obliged to take the Bidders preferred laycan into consideration when deciding the final laycan, and will be free to designate the laycan in light of KOSEPs own needs.When notifying a successful Bidder, KOSEP shall inform the laycan of ten consecutive days within the above shipping schedule.In case of a FOBT contract, KOSEP will arrange vessels to arrive at the loading port within the notified laycan. In case of a CFR contract, the successful Bidder shall arrange vessels to arrive at the loading port and commence a shipment within the notified laycan. When failing to do so, the Bidder is liable to pay liquidated damage as per relevant clause of the contract attached. (Laycan : laydays and cancelling date)- 4 -1.3 Coal MineEach shipment of coal to be purchased by KOSEP and delivered by the Bidder shall be entirely supplied from a single mine. Supply of coal for any shipment from more than one mine is not allowed. Upon request by KOSEP, a Bidder shall provide relevant supporting documents including certificates, issued by the relevant authorities of the exporting country, to demonstrate the legal status and current situation of the coal mine from which the coal would be supplied.1.4 Quality Specifications (based on ASTM standards) for bidding coalItem Unit Limit of RangeTotal Moisture (As received basis) % WJ.Moisture(Air dried basis) %WTVolatile Matter (Air dried basis) %WTFixed Carbon (Air dried basis) % WTAsh (Air dried basis) %WTTotal Sulphur (As received basis) %WTGrindability (HGI) Gross Calorific Value (Air Dried Basis) Kcal/kgGross Calorific Value (As Received Basis ) Kcal/kgNet Calorific Value (As Received Basis) Kcal/kg Nitrogen (Dry ash free basis) %WTAsh Fusion Temperature IDT C(Reducing Atmosphere)Ash Analysis Size DistributionAbove 50mm Under 2mm*2. Net Calorific Value = Gross Calorific Value - 5.72 (Har x 9)Where: Har = Hd x (I OO-TM)Il 00 + 0.1119 x TMHar : Total hydrogen on as received basisIn the event that the quality is outside the limits of range as the above Quality Specifications, KOSEP can select as a successful Bidder if KOSEP judge that Coal can be used by Power Plants of KOSEP.1.5 Terms of Payment KOSEP shall determine the payment term from either Bankers Usance Letter of Credit or Telegraphic Transfer (TIT) and notify it to seller.1.6 Compliance with Invitation to Bid Bidders shall prepare and submit the Bi in compliance with the procedures and- 5 -requirements as provided in this ITB. Any failure to do so may give KOSEP a reason to reject or to unfavorably evaluate the Bid. Bidders shall be regarded as having been thoroughly acquainted with and having accepted all the contents of the ITB. Upon submission of Bid documents, Bidders are thereafter regarded as having agreed to fully comply with the terms and conditions of the contract as attached in the Invitation to Bid.1.7 Language The Bid proposal documents shall be prepared in English.1.8 Unacceptable Bids Any of the following Bids may not be accepted by KOSEP;a. Bid submitted by a company not qualified for participation in this Bidding.b. Bid submitted after the dead line.c. Two or more Bids submitted by the same mine. However, with different delivery schedules or qualities between bids, bids from the same mine can be accepted.d. Bid which, as deemed by KOSEP, deviates from the other essential requirements of Chapter I, Bidding Instructions, of the ITB.e. Bid containing any changes whatsoever in the context or any additions to the content or the attached contract, which is not required by the ITB.f .Two or more prices submitted by the same mine. However, with different delivery schedules or qualities, plural prices from the same mine can be accepted.1.9 Definition of Terms The meaning defined in Article 1 of Contract Terms, Chapter III shall be applied to the words of terms employed in other Chapters of the ITB, except where the context otherwise requires.1.10 Notice of Changes in the ITB KOSEP may notify the Bidders of any amendment or changes to the ITB, if any, and they will constitute a part of the ITB.1.11 Computation of TimeUnless otherwise specifically provided in the 1TB, the time stated in number of days and months, will include Saturday, Sunday and holidays, and in case that any specific day falls on Sunday or a holiday, the day will be postponed to the first following business day.1.12 Confidentiality of BiddingThe prices in the Bidders Price Proposal must be issued independently, without consultation, communication, or agreement with any other Bidder or potential Bidder; The prices that have been quoted in the Bidders Price Proposal have not been disclosed knowingly by the Bidder and will not be disclosed knowingly by the Bidder, directly, or indirectly. to any other Bidder or potential Bidder prior to the time Bids are due; and No attempt has been made directly or indirectly to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.- 6-The Bidder shall not disclose the ITB to any third party who is not directly related with the preparation of the Bid proposal.1.13 Validity Period of the BidThe Bid including the price shall be bound as a firm offer and valid for a period of at least fifteen (15) calendar days after the bidding closing date. KOSEP may request the Bidder to extend the validity period of the Bid, if necessary.1.14 Withdrawal of TenderingKOSEP has the right, at any time and without any liability to the Bidder, to withdraw or delay this tendering or re-tendering, or to alter the scope of purchase.- 7-CLAUSE 2 - BIDDING PROCEDURES2.1 Qualifications of the BidderCoal producers, marketing companies or traders a) those who have any successful coal supply record more than 120,000MT(two panamax shipments) to 5 Korean Gencos(KOSEP, KOMIPO, KOWEPO, KOSPO, KEWESPO) or Taiwan Power or J-Power or steel mill companies in Korea in recent three years and b) those who do not have unfaithful coal supply records to the above five companies and c) those who shall meet the whole requirements of ITB including but not limited to, coal quality specification, shipping schedule, etc. are qualified to participate in the ITB. KOSEP would like to clarify the meaning of ITB 2.1 b) those who do not have unfaithful coal supply records to the above five companies as follow;1) Coal mine in case the coal supply had been made from a mine different from the one specified in the original bidding documents.2) Coal quality in case coal of which the specification falls beyond the limit of range of this bidding was supplied.(including the one accepted by Korean Gencos after deduction of the payment)3) Shipping Schedule in case the shipment was delayed more than I month, irrespective of Force Majeure, from the mutually agreed schedule when the successuful bidder was selected.Especially,suppliers(coal producers, marketing companies or traders) who have the record of coal quality problem as below regarding the contract with 5 Korean Gencos (KOSEP, KOMIPO, KOWEPO, KOSPO, KEWESPO) in recent three years are prohibited from taking part in this bid and also bids for the next one year, which is the KOSEPs sole right and could not be challenged in any circumstance by all bidders. ;those who supplied coal of which Net Calorific Value (As received basis) analyzed by 5 Korean Gencos at unloading port or by international independent inspection agency at loading port was 10% lower than the Net Calorific Value(As received basis) in the suppliers guaranteed quality in the relevant contract.After being awarded as a succcssful Bidder, if a successful Bidder fails to enter into making a contract or fails to execute the contract signed, the Bidder will be banned from participating in KOSEPs future coal purchasing tender for at least 6 (six) months, which is the KOSEPs sole right and could not be challenged under any circumstances.Nonetheless the above qualifications, KOSEP may employ its own, even not declared, qualifications. 8 .2.2 Enveloping of Bid DocumentsThe Price Proposal and Technical Proposal as noted in Clause 3.1 shall be scaled in a single envelope marked as Bid documents for ITB No. KOSEP-Coal-2012-SP06-1 and shall be submitted to KOSEP. The name and address of the Bidder shall be marked on the envelope.2.3 Submittal of Bid Documents The Bid documents shall be submitted in person, by mail or courier to the following address not later than the deadline.Mr. Yong-Jae Lee I DirectorFuel Team, General Administration Det., Korea South-East Power Co., Ltd.6th Floor Daehwa Bldg, 169, Samsung-Idong, Gangnam-gu, SEOUL, 135-882, Korea.Bid documents which are not completely sealed or submitted by a method other thanthose noted above shall not be accepted.2.4 Bid Closing Date The Bid documents shall be submitted not later than 10:00 A.M., June 14,2012. (Korean Standard Time).CLAUSE 3 - PREPARATION OF BID PROPOSALS3.1 Contents of Bid Documents.The Bid documents shall include the price proposal and the technical proposal. Each proposal shall include the following contents and the form in Chapter II shall be used:A. Price Proposal Bidders shall submit one single price for the entire quantity they offer.Bidders are requested to offer quantity in lots of 65,000MT (for shipment from China, Indonesia, Russia) or l30,000MT (for shipment from Australia, Canada, South Africa, USA, Colombia and etc.) on both FOBT and CFR basis.For C basis, bidders shall submit the price basis both on Samcheonpo port and Yeonghung port. However, bidders can submit only the price for Youngheung when the bidding is for Cape size only with the bidding amount more than 130,000MT.Price proposal shall consist of Bid Price Form and Shipping Conditions. KOSEP has the rig t to award the contract on either a FOBT loading port or a CFR discharging port. B. Technical Proposal: Coal Specifications are to be guaranteed by the Bidder.- 9-CLAUSE 4 - EVALUATION OF BID 4.1 Evaluation Methods of Bids The Bid will be appraised by comparing the evaluated CFR prices determined in accordance with the following formula: Evaluated price= CFR price + Quality penalty(Sulphur+Ash+Nitrogen+V.M.) + Power Constant x(6,080kca/kg -;- Guaranteed net calorific value based on as received basis) Penalties above shall be quoted by the following formulas; Sulphur penalty = US$2.66IMt x Guaranteed sulphur content (%) Ash penalty = US$O.02IMt x Guaranteed ash content (%) Nitrogen penalty = US$O.20IMt x Guaranteed nitrogen content (%) Volatile Matter(YM.) penalty = US$O.14IMt x Guaranteed ash content(%(if the YM. is not more than 24%)- Power Constant = US$ I.1 5IMtThe freight rates to be applied for price evaluation shall be the lower rates between the rates estimated by KOSEP according to loading ports that bidders propose and the rates of the Bidders proposal (The Bidders CFR price - The Bidders FOBT price). (However, when the award is noticed to the successful bidder, the absence of available dedicated vessel, COA, or time constraint to procure vessel in the spot market, shall give KOSEP an excuse to apply the bidders proposed freight rate as the one and only source for the evaluation of the freight cost whether the bidderss freight rate is higher than that of KOSEPs estimated rate or not.)With respect to the freight rates estimated by KOSEP, KOSEP can choose between (1) the average freight cost of KOSEPs dedicated vessels or COA and (2) the estimated Spot freight cost by KOSEP as the evaluation freight cost.For the above evaluation freight cost, the weighted average (of the freight cost between discharging port to Samchonpo and discharging port to Yeonghung) on the basis of the rate of purchasing amount between Samchonpo and Yeonghung shall be applied. However, the bidding for Cape Size with more than 130,OOOMT, the evaluation shall be based on the freight cost from loading port to Yeonghung and not weighted average shall be applied. 10And if a Bidder suggests plural loading ports, the highest freight cost among the routes from the discharging ports to the ports shall be referred as a loading port.4.2 Selection of the Preferentially Negotiable Bidders.In the order of the lowest evaluated price according to Clause 4.1,KOSEP selects Preferentially Negotiable Bidders considering its target quantity of contracts for further individual price negotiation.4.3 Individual Price Negotiation with the Preferentially Negotiable Bidders In the event that the Bid price of the Preferentially Negotiable Bidders is unreasonably high compared with the spot market price level, the contract price and other terms and conditionswill be decided by mutual negotiation.A bidding of which the price is raised from the original bidding price when negotiated, is to be disqualified.Should KOSEP and the Preferentially Negotiable Bidders fail to reach an agreement on the price and other terms and conditions, KOSEP may, at its sole discretion, decide not to select even the lowest price Bidder as the successful contract party.In the above case, KOSEP shall have no obligation or liability whatsoever to Bidders with respect to a Bidders preparation or the costs incurred in responding hereto.No claim(s) from Bidders for compensation with regard to the rejection and further pricenegotiation shall be accepted by KOSEP.4.4 Selection of the Successful Bidders, Right of RejectionAccording to the results of individual contract negotiation with the selected Preferentially Negotiable Bidders, KOSEP shall select successful Bidders in the order of the lowest evaluated price until the quantity amounts to target contract quantity of KOSEP.In this process, if the last lowest Bidders quantity is in excess of the target contract quantity of KOSEP, the excessive quantity will be excluded from the contract quantity. In the event that there are two or more Bidders who proposed the same price, the Bidder who proposed the largest quantity shall be selected as the successful Bidder.In the event that there are two or more Bidders who proposed the same price as well as the same quantity, the Bidder who proposed the highest Net Calorific Value coal will be selected as the successful Bidder.KOSEP shall reserve the right, at any time without any liability, to reject any part or all of the Bids for the best interests of KOSEP.No c1aim(s) from Bidders for compensation with regard to the rejection shall be accepted by KOSEP.4.5 Appointment of ContractorsAward notice of the Contract shall be made after KOSEP and successful bidders reach an agreement on the contract price and shipping schedule adjustments between KOSEP and the Successful Bidders.- 11 -4.6 Signing of ContractThe awarded bidders(successful bidders) shall sign a contract within three (3) weeks after the notice of contractual price term by KOSEP.CLAUSE 5 - PERFORMANCE BOND The Seller shall establish a performance bond in favor of KOSEP within seven (7) days after receipt of the Price Term Notice from KOSEP after an agreement on the contract price and