Open Tender of commercial bids for long term sale of oil product in Beloil Polska Sp. z o.o.

27.05.2014

Dear Sirs,
In addition to the previously sent offer dated 21.05.2014 Nr 0485 concerning holding on June 05, 2014 a Tender for the sale of 10 ppm diesel fuel oil produced by OJSC Mozyr Oil Refinery on the long term basis Beloil Polska Sp. z o.o. informs that the formula for calculating the provisional price of the Goods has been changed as follows.
The provisional price (Pr(p)) is calculated as follows:

Pr(p) = (Pl(p) +D)/ K(p) EUR/USD
Pl(p) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan» rounded to the second decimal place for the respective position for the period from the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton;
D - the correction (on Goods delivery basis) offered by the Buyer in the bid, in US dollars per metric ton;
K(p) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int:
- for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation – on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot;
- for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation – on the date following the date of confirmation the Goods for realization.
In case that there is no ECB rate quoted on such day the next following publication shall apply.
The other terms and conditions of the Tender of commercial bids are kept unchanged.

The information about tenders can be found below.

Dear Sirs,on June 05, 2014 Beloil Polska Sp. z o.o. is holding an open Tender of commercial bids for long term sale of oil product produced by JSC «Mozyr Oil Rafinery»

Seller: Beloil Polska Sp. z o.o.

Producer: JSC «Mozyr Oil Refinery».

The quality of the proposed Goods:

corresponds to STB 1658-2012;complies with the requirements of the European standard EN-590.

Quality of the products meets the quality parameters specified in the manufacturer's quality certificate (Appendix 1).

The partial purchase of the tender volumes of the Goods is possible.

Currency of price calculation and payment: Euro

Terms of payment: 100% advance payment of the agreed monthly Goods lot within 2 (two) banking days from the date of the Seller’s invoice.

Settlement procedure: the Buyer and the Seller effect payments through accounts and corresponding accounts in European banks only.

The price for the oil product is calculated according to a formula.

The provisional price (Pr(p)) is calculated as follows:

Pr(p) = (Pl(p) +D) * 1,10 / K(p) EUR/USD

Pl(p) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan» rounded to the second decimal place for the respective position for the period from the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton;

D - the correction (on Goods delivery basis) offered by the Buyer in the bid, in US dollars per metric ton;

K(p) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int:

- for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation – on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot;

- for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation – on the date following the date of confirmation the Goods for realization.

In case that there is no ECB rate quoted on such day the next following publication shall apply.

The final price (Pr(F)) of the Goods shall be calculated according to the following formula (variant I):

Pr(F) = (Pl(p) +D)/ K(p) EUR/USD +( Рl(f) - Рl(p))/ K(f) EUR/USD,

Pl(p) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan» rounded to the second decimal place for the respective position for the period from the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton;

D - the correction (on Goods delivery basis) offered by the Buyer in the bid, in US dollars per metric ton;

Pl(f) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan » rounded to the second decimal place for the respective position throughout all quotation days of the month of the final price calculation, given in USD per metric ton;

K(p) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int:

- for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation – on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot;

- for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation – on the date following the date of confirmation the Goods for realization.

In case that there is no ECB rate quoted on such day the next following publication shall apply.

K(f) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int on the second banking day following the final quotation day of the month of final price formation.

The final price (Pr(F)) of the Goods shall be calculated according to the following formula (variant II):

Pr(F)=(Рl(F) + D)/ K(F) EUR/USD, where

Pl(f) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan » rounded to the second decimal place for the respective position throughout all quotation days of the month of the final price calculation, given in USD per metric ton;

D - the correction (on delivery basis for a definite oil product) offered by the Buyer in the bid, in US dollars per metric ton;

K(F) EUR/USD – the average value of EUR\USD exchange rates ЕURO/US DOLLAR FOREIGN EXCHANGE REFERENCE RATE, as fixed by European Central Bank (ECB) under the reference foreign currency exchange rates at 14.15 Central European time (CET) published on the site www.ecb.int throughout all days of the month of the final price formation when ECB exchange rates are published.

The Buyer is entitled to choose the variant of final price calculation until the 1st day of the month of the final price formation in respect of a definite agreed Goods lot by sending to the Seller a respective notice. In case this information is not submitted the Seller shall apply the formula variant that was applied for final price calculation in the previous month.

The final price of the 1st monthly agreed Goods lot is calculated throughout all quotation days of June 2014 (estimated period of shipment June-July 2014);

The final price of the last delivery agreed Goods lot shall be calculated throughout all quotation days for May 2015 (the estimated period of shipment ex-refinery May 2015 - June 2015).

Contract deposit:

An applicant admitted as the Tender winner (Buyer) undertakes to effect payment to the Seller’s account within 2 (two) banking days from the day of the Seller’s invoicing in the amount of 10% from the cost of the maximum monthly Goods lot calculated under the preliminary price of the first agreed monthly Goods lot (Contract deposit). Contract deposit can be approved by the Buyer in form of a bank guarantee of the fulfillment of the contract obligations. The date when the money funds are credited to the Seller’s account is deemed the date of Contract deposit payment. In case of opening of Bank guaranty the date of receipt by the Seller the bank notice about opening in his favor of the bank guarantee will be deemed as the date of Contract’s deposit payment .To secure the Buyer’s performance of its obligations under the Supply contract the Contract deposit shall remain on the Seller’s account till their complete fulfillment by the Buyer.

The Contract deposit shall be returned to the Buyer under its written request after the final settlement of the Parties under the Contract, or may be used for repayment of the Buyer’s outstanding amounts to the Seller under the Contract. The Contract deposit or part thereof remaining after the repayment of the Buyer’s outstanding amounts to the Seller under the Contract, if any, shall be returned by the Seller within 15 (fifteen) banking days from the date of receipt of the Buyer’s invoice provided that the Reconciliation Report signed by both Parties is available for the Seller. Date of Contract deposit return is the date of money funds debiting from the Seller’s account.

In case of a bank guarantee the validity of this guarantee must be defined till 30.06.2015.

Additional clauses:

Should the capacity of JSC «Mozyr Oil Rafinery» be decreased or temporary discontinued the Buyer accepts the factually delivered volume of the Goods without demanding from the Seller the delivery of the full volume of the agreed Goods lot.

Should it be impossible to deliver the Goods for the reasons beyond the Seller’s control or if the Buyer breaches the terms of payment, date of signing of additional agreements (to the Supply contract) on Goods price calculation, the Seller has the right to reduce the volume of the agreed Goods lot to be delivered. The Seller is to undertake all reasonable efforts to perform the agreed monthly deliveries in full. The term of delivery and the validity period of the Supply contract are subject to prolongation till the full unloading of the contractual volume of the Goods upon the Seller’s and the Buyer’s agreement.

The Seller and the Buyer are relieved from any responsibility for the partial or complete default of their obligations under the Supply contract, if such circumstances for the default are the consequence of force-majeure circumstances beyond the Seller’s and the Buyer’s control arising after the Supply contract is concluded and if the a. m. circumstances directly affect the full or partial fulfillment of the Buyer’s and the Seller’s obligations under the Supply contract including but not limited to: war, military actions, blockade, strikes, earthquake, flood, fire and other natural calamities, actions of the government and concern Belneftekhim in case they directly or indirectly affect the activity of the Seller and the Buyer, as well as unplanned shutdown and servicing of OJSC Mozyr OR facilities.

Conditions of participation in the Tender:

Form of the Tender: open Tender of commercial bids with no price alteration opportunity of the submitted bid for the stipulated Goods lot.

Place of tender: Beloil Polska Sp. z o.o., 58 Dzielna Street, Warsaw, Poland.

Tender time and date: June 05, 2014, 14:00 (local Poland time).

Tender bids are to be submitted to Beloil Polska Sp. z o.o. in accordance with the form attached as Appendix 2.

We shall consider bids entered to Beloil Polska Sp. z o.o. not later than 14:00 (local time) June 05, 2014. Please, submit documents to the following address:

58 Dzielna Street, 01-029 Warsaw, Poland. The documents should be sent by post or courier in a sealed envelope with a note

“The open tender of commercial bids for selling diesel fuel oil. DO NOT OPEN.

Documents may be sent via fax (fax number to be advised later) from 10:00 till 14:00 (local time) on June 05, 2014.

The scanned documents may be sent by e-mail (e-mail address to be advised later) from 10:00 till 14:00 (local time) on June 05, 2014.

The tender holder bears no responsibility for the faulty operation of fax or e-mail connection.

Acceptable languages of the bid: Polish, Russian, English.

The term of validity of the bid: not less than 4 (four) working days (in Poland), excluding the day of tender bids opening, i.e. up to June 12, 2014.

The evaluation criteria for the bids for the purposes of determining the best one:

1) the highest offered price correction,

2) the largest volume to be purchased.

Should several bids containing equal terms of purchase, the volume of the product subject to sale shall be distributed among them in equal shares, upon such Applicants agreement.

The currency of the bid: US dollars

During tendering the Beloil Polska Sp. z o.o. has the right to ask participants to clarify the terms of submitted tender bids.

To take part in tender all the participants not later than June 04, 2014 submit to Beloil Polska Sp. z o.o. the following copies of foundation and registration documents:

- Statute;

- Registration Certificate;

- Extract from Commercial Register of Country of Incorporation or equivalent proof of legal status and legal capability, recognized as corporate existence by legislation of country of incorporation;

- Power of Attorney of the person, authorized to sign on behalf of the company.

Copies of the documents must be submitted separately from the offerby post or courier in a sealed envelope with the name of the company and marked "Foundation and registration documents of the Applicant to participate in the tender for the purchase of diesel fuel oil."Documents can be also submitted by e-mail: beloil@beloil-poland.pl. Documents are accepted onlyin Russian/Polish and English.

Providing a package of constituent documents and registration is not required if the package of documents was submitted to Beloil Polska Sp. z o.o. earlier and taken into consideration.

Companies with unfair cooperation history with Beloil Polska Sp z.o.o., CJSC Belarusian Oil Company, OJSC Naftan, OJSC Mozyr OR, Republican Unitary Enterprise Production Association Belorusneft, Unitary Enterprise Belarusian Oil Trade House shall not be admitted for participation in tender.

Mandatory information to be included to the commercial bid:

- Legal address and bank requisites of the company

- Name of oil product

- Claimed volume to be purchased. The minimum and maximum amount of goods to be purchased for each month of delivery should be specified

- Price (the correction must be indicated on DAP conditions for delivery by rail or FCA Mozyr -11 when shipped in Buyer’s tank cars)

- Goods delivery basis (DAP border of the Republic of Belarus and Poland; or DAP border of the Republic of Belarus and Ukraine; FCA Mozyr 11 as per INCOTERMS 2010)

- Country of Goods destination

The Buyer has the right to choose the Goods delivery basis until the moment the commercial bid is submitted. When submitting the commercial bid to an open tender held by CJSC Belarusian Oil Company the Buyer is obliged to specify in its bid the volume of oil product planned to be purchased at a definite delivery basis, without the option to choose the delivery basis in Buyer’s discretion after the Buyer is elected as the Tender winner.

Mandatory condition of the Tender - delivery of the purchased goods to Ukraine, Russia and the Baltic countries by the Tender winner is restricted. Should the goods be delivered to the above countries, the Tender winner will be charged a penalty equal to 100% of the value of the goods delivered.

Submission of the commercial bid means Applicant’s agreement with the terms and conditions of the Tender, as well as the terms and conditions of the contract with the Tender winner. A copy of the draft contract can be found at: www.beloil-poland.pl in "News" section - "The tender for the sale of 10 ppm diesel fuel oil produced by OJSC" Mozyr Oil Refinery on the long term basis".

The Applicant should submit the commercial bid in full conformity with the above-given terms. The commercial bid that does not meet the above-mentioned terms shall not be accepted for commission consideration and shall be declined.

The Applicant has the right to refuse participation in the Tender till 14:00 (local time) on June 05, 2014 by submitting a written notice of refusal.

Beloil Polska Sp. z o.o. has the right to cancel or cease the tender and reject all the bids any time before election of the winner, bearing no liability to the participant(s) of the Tender that can suffer losses due to such action, without having any obligations to inform the mentioned participant(s) on the reason thereof.

Applicants will be notified of the results of the Tender after approval of the JSC "Belarusian Oil Company" by sending an appropriate notice to the email address specified in the offer of the Applicant, no later than June 12, 2014.

The Tender applicant admitted as the Tender winner is obliged within 1 (one) business day from the date of the written notification to conclude a Supply contract the essence of which corresponds to the terms and conditions of the draft contract placed by Beloil Polska Sp z.o.o. on the site www.beloil-poland.pl in “News” section. The Tender winner is to make payment of a contract deposit in accordance with the terms of the contract within 2 (two) banking days from the date of the Seller's invoice

The above date and terms of the tender are preliminary and subject to change.

Contact information:

Director of sales – Pospelov Evgeni, tel. +48 723 434 334, e-mail: e.pospelov@beloil-poland.pl (Russian, Polish);

Head of marketing department – Gavrish Elena, tel. +48 785 022 207, e-mail: a.gavrish@beloil-poland.pl (Russian, Polish);

Specialist of sales department – Suhanecka Malgozhata, tel. +48 665 545 427, e-mail: m.suchanecka@beloil-poland.pl(Russian, Polish, English);

Specialist of sale – Zavalska Malgozhata, tel. +48 724 343 402, e-mail:m.zawalska@beloil-poland.pl(Russian, Polish);

E-mail: beloil@beloil-poland.pl

Fax (+48 22) 891 00 24.

Oil
products
Quantity
(tonnes)
Delivery
terms
Delivery
basis
Diesel fuel oil DT-L-K5, C grade / Diesel fuel oil DT-Z-K5, F grade
Producer: OJSC «Mozyr Oil Refinery»
Up to 5 000 tons per month
+/-10% in the seller’s option
June - October 2014 , May 2015
(dispatching from the terminal «Vilaris» in the rail-ways tankcars of gauge 1435 mm provided by the Buyer)
(exclusively for deliveries to EU, without right to delivery to Ukraine)
Diesel fuel oil DT-L-K5, C grade / Diesel fuel oil DT-Z-K5, F grade
Producer: OJSC «Mozyr Oil Refinery»
Up to 10 000 tons per month
+/-10% in the seller’s option
November 2014 – April 2015
(dispatching from the terminal «Vilaris» in the rail-ways tankcars of gauge 1435 mm provided by the Buyer)
(exclusively for deliveries to EU, without right to delivery to Ukraine)

Dear Sirs,on June 05, 2014 Beloil Polska Sp. z o.o. is holding an open Tender of commercial bids for long term sale of oil product produced by JSC «Mozyr Oil Rafinery»

Seller: Beloil Polska Sp. z o.o.

Producer: JSC «Mozyr Oil Refinery».

The quality of the proposed Goods:

corresponds to STB 1658-2012;complies with the requirements of the European standard EN-590.

Quality of the products meets the quality parameters specified in the manufacturer's quality certificate (Appendix 1).

The partial purchase of the tender volumes of the Goods is possible.

Currency of price calculation and payment: Euro

Terms of payment: 100% advance payment of the agreed monthly Goods lot within 2 (two) banking days from the date of the Seller’s invoice.

Settlement procedure: the Buyer and the Seller effect payments through accounts and corresponding accounts in European banks only.

The price for the oil product is calculated according to a formula.

The provisional price (Pr(p)) is calculated as follows:

Pr(p) = (Pl(p) +D) * 1,10 / K(p) EUR/USD

Pl(p) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan» rounded to the second decimal place for the respective position for the period from the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton;

D - the correction (on Goods delivery basis) offered by the Buyer in the bid, in US dollars per metric ton;

K(p) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int:

- for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation – on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot;

- for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation – on the date following the date of confirmation the Goods for realization.

In case that there is no ECB rate quoted on such day the next following publication shall apply.

The final price (Pr(F)) of the Goods shall be calculated according to the following formula (variant I):

Pr(F) = (Pl(p) +D)/ K(p) EUR/USD +( Рl(f) - Рl(p))/ K(f) EUR/USD,

Pl(p) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan» rounded to the second decimal place for the respective position for the period from the 1st to 18th quotation day (inclusive) of the month preceding the month of the final price formation for the agreed Goods lot, given in USD per metric ton;

D - the correction (on Goods delivery basis) offered by the Buyer in the bid, in US dollars per metric ton;

Pl(f) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan » rounded to the second decimal place for the respective position throughout all quotation days of the month of the final price calculation, given in USD per metric ton;

K(p) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int:

- for the volume (lot) of the Goods confirmed for delivery within the period up to the 18th day of the month preceding the month of the final price formation – on the 19th day of the month preceding the month of the final price formation for the agreed Goods lot;

- for the volume (lot) of the Goods confirmed for delivery within period after the 18th day of the month preceding the month of the final price formation – on the date following the date of confirmation the Goods for realization.

In case that there is no ECB rate quoted on such day the next following publication shall apply.

K(f) EUR/USD – Euro/US Dollar FOREIGN EXCHANGE REFERENCE RATE of the European Central Bank (ECB) fixed at 14:15 (CET time) and quoted on www.ecb.int on the second banking day following the final quotation day of the month of final price formation.

The final price (Pr(F)) of the Goods shall be calculated according to the following formula (variant II):

Pr(F)=(Рl(F) + D)/ K(F) EUR/USD, where

Pl(f) – average of average values of the quotations «ULSD 10 ppm Cargoes CIF NWE Basis ARA» and «Diesel 10ppm Barges FOB Rotterdam» in publication «Platt’s European Mаrketscan » rounded to the second decimal place for the respective position throughout all quotation days of the month of the final price calculation, given in USD per metric ton;

D - the correction (on delivery basis for a definite oil product) offered by the Buyer in the bid, in US dollars per metric ton;

K(F) EUR/USD – the average value of EUR\USD exchange rates ЕURO/US DOLLAR FOREIGN EXCHANGE REFERENCE RATE, as fixed by European Central Bank (ECB) under the reference foreign currency exchange rates at 14.15 Central European time (CET) published on the site www.ecb.int throughout all days of the month of the final price formation when ECB exchange rates are published.

The Buyer is entitled to choose the variant of final price calculation until the 1st day of the month of the final price formation in respect of a definite agreed Goods lot by sending to the Seller a respective notice. In case this information is not submitted the Seller shall apply the formula variant that was applied for final price calculation in the previous month.

The final price of the 1st monthly agreed Goods lot is calculated throughout all quotation days of June 2014 (estimated period of shipment June-July 2014);

The final price of the last delivery agreed Goods lot shall be calculated throughout all quotation days for May 2015 (the estimated period of shipment ex-refinery May 2015 - June 2015).

Contract deposit:

An applicant admitted as the Tender winner (Buyer) undertakes to effect payment to the Seller’s account within 2 (two) banking days from the day of the Seller’s invoicing in the amount of 10% from the cost of the maximum monthly Goods lot calculated under the preliminary price of the first agreed monthly Goods lot (Contract deposit). Contract deposit can be approved by the Buyer in form of a bank guarantee of the fulfillment of the contract obligations. The date when the money funds are credited to the Seller’s account is deemed the date of Contract deposit payment. In case of opening of Bank guaranty the date of receipt by the Seller the bank notice about opening in his favor of the bank guarantee will be deemed as the date of Contract’s deposit payment .To secure the Buyer’s performance of its obligations under the Supply contract the Contract deposit shall remain on the Seller’s account till their complete fulfillment by the Buyer.

The Contract deposit shall be returned to the Buyer under its written request after the final settlement of the Parties under the Contract, or may be used for repayment of the Buyer’s outstanding amounts to the Seller under the Contract. The Contract deposit or part thereof remaining after the repayment of the Buyer’s outstanding amounts to the Seller under the Contract, if any, shall be returned by the Seller within 15 (fifteen) banking days from the date of receipt of the Buyer’s invoice provided that the Reconciliation Report signed by both Parties is available for the Seller. Date of Contract deposit return is the date of money funds debiting from the Seller’s account.

In case of a bank guarantee the validity of this guarantee must be defined till 30.06.2015.

Additional clauses:

Should the capacity of JSC «Mozyr Oil Rafinery» be decreased or temporary discontinued the Buyer accepts the factually delivered volume of the Goods without demanding from the Seller the delivery of the full volume of the agreed Goods lot.

Should it be impossible to deliver the Goods for the reasons beyond the Seller’s control or if the Buyer breaches the terms of payment, date of signing of additional agreements (to the Supply contract) on Goods price calculation, the Seller has the right to reduce the volume of the agreed Goods lot to be delivered. The Seller is to undertake all reasonable efforts to perform the agreed monthly deliveries in full. The term of delivery and the validity period of the Supply contract are subject to prolongation till the full unloading of the contractual volume of the Goods upon the Seller’s and the Buyer’s agreement.

The Seller and the Buyer are relieved from any responsibility for the partial or complete default of their obligations under the Supply contract, if such circumstances for the default are the consequence of force-majeure circumstances beyond the Seller’s and the Buyer’s control arising after the Supply contract is concluded and if the a. m. circumstances directly affect the full or partial fulfillment of the Buyer’s and the Seller’s obligations under the Supply contract including but not limited to: war, military actions, blockade, strikes, earthquake, flood, fire and other natural calamities, actions of the government and concern Belneftekhim in case they directly or indirectly affect the activity of the Seller and the Buyer, as well as unplanned shutdown and servicing of OJSC Mozyr OR facilities.

Conditions of participation in the Tender:

Form of the Tender: open Tender of commercial bids with no price alteration opportunity of the submitted bid for the stipulated Goods lot.

Place of tender: Beloil Polska Sp. z o.o., 58 Dzielna Street, Warsaw, Poland.

Tender time and date: June 05, 2014, 14:00 (local Poland time).

Tender bids are to be submitted to Beloil Polska Sp. z o.o. in accordance with the form attached as Appendix 2.

We shall consider bids entered to Beloil Polska Sp. z o.o. not later than 14:00 (local time) June 05, 2014. Please, submit documents to the following address:

58 Dzielna Street, 01-029 Warsaw, Poland. The documents should be sent by post or courier in a sealed envelope with a note

“The open tender of commercial bids for selling diesel fuel oil. DO NOT OPEN.

Documents may be sent via fax (fax number to be advised later) from 10:00 till 14:00 (local time) on June 05, 2014.

The scanned documents may be sent by e-mail (e-mail address to be advised later) from 10:00 till 14:00 (local time) on June 05, 2014.

The tender holder bears no responsibility for the faulty operation of fax or e-mail connection.

Acceptable languages of the bid: Polish, Russian, English.

The term of validity of the bid: not less than 4 (four) working days (in Poland), excluding the day of tender bids opening, i.e. up to June 12, 2014.

The evaluation criteria for the bids for the purposes of determining the best one:

1) the highest offered price correction,

2) the largest volume to be purchased.

Should several bids containing equal terms of purchase, the volume of the product subject to sale shall be distributed among them in equal shares, upon such Applicants agreement.

The currency of the bid: US dollars

During tendering the Beloil Polska Sp. z o.o. has the right to ask participants to clarify the terms of submitted tender bids.

To take part in tender all the participants not later than June 04, 2014 submit to Beloil Polska Sp. z o.o. the following copies of foundation and registration documents:

- Statute;

- Registration Certificate;

- Extract from Commercial Register of Country of Incorporation or equivalent proof of legal status and legal capability, recognized as corporate existence by legislation of country of incorporation;

- Power of Attorney of the person, authorized to sign on behalf of the company.

Copies of the documents must be submitted separately from the offerby post or courier in a sealed envelope with the name of the company and marked "Foundation and registration documents of the Applicant to participate in the tender for the purchase of diesel fuel oil."Documents can be also submitted by e-mail: beloil@beloil-poland.pl. Documents are accepted onlyin Russian/Polish and English.

Providing a package of constituent documents and registration is not required if the package of documents was submitted to Beloil Polska Sp. z o.o. earlier and taken into consideration.

Companies with unfair cooperation history with Beloil Polska Sp z.o.o., CJSC Belarusian Oil Company, OJSC Naftan, OJSC Mozyr OR, Republican Unitary Enterprise Production Association Belorusneft, Unitary Enterprise Belarusian Oil Trade House shall not be admitted for participation in tender.

Mandatory information to be included to the commercial bid:

- Legal address and bank requisites of the company

- Name of oil product

- Claimed volume to be purchased. The minimum and maximum amount of goods to be purchased for each month of delivery should be specified

- Price (the correction must be indicated on DAP conditions for delivery by rail or FCA Mozyr -11 when shipped in Buyer’s tank cars)

- Goods delivery basis (DAP border of the Republic of Belarus and Poland; or DAP border of the Republic of Belarus and Ukraine; FCA Mozyr 11 as per INCOTERMS 2010)

- Country of Goods destination

The Buyer has the right to choose the Goods delivery basis until the moment the commercial bid is submitted. When submitting the commercial bid to an open tender held by CJSC Belarusian Oil Company the Buyer is obliged to specify in its bid the volume of oil product planned to be purchased at a definite delivery basis, without the option to choose the delivery basis in Buyer’s discretion after the Buyer is elected as the Tender winner.

Mandatory condition of the Tender - delivery of the purchased goods to Ukraine, Russia and the Baltic countries by the Tender winner is restricted. Should the goods be delivered to the above countries, the Tender winner will be charged a penalty equal to 100% of the value of the goods delivered.

Submission of the commercial bid means Applicant’s agreement with the terms and conditions of the Tender, as well as the terms and conditions of the contract with the Tender winner. A copy of the draft contract can be found at: www.beloil-poland.pl in "News" section - "The tender for the sale of 10 ppm diesel fuel oil produced by OJSC" Mozyr Oil Refinery on the long term basis".

The Applicant should submit the commercial bid in full conformity with the above-given terms. The commercial bid that does not meet the above-mentioned terms shall not be accepted for commission consideration and shall be declined.

The Applicant has the right to refuse participation in the Tender till 14:00 (local time) on June 05, 2014 by submitting a written notice of refusal.

Beloil Polska Sp. z o.o. has the right to cancel or cease the tender and reject all the bids any time before election of the winner, bearing no liability to the participant(s) of the Tender that can suffer losses due to such action, without having any obligations to inform the mentioned participant(s) on the reason thereof.

Applicants will be notified of the results of the Tender after approval of the JSC "Belarusian Oil Company" by sending an appropriate notice to the email address specified in the offer of the Applicant, no later than June 12, 2014.

The Tender applicant admitted as the Tender winner is obliged within 1 (one) business day from the date of the written notification to conclude a Supply contract the essence of which corresponds to the terms and conditions of the draft contract placed by Beloil Polska Sp z.o.o. on the site www.beloil-poland.pl in “News” section. The Tender winner is to make payment of a contract deposit in accordance with the terms of the contract within 2 (two) banking days from the date of the Seller's invoice

The above date and terms of the tender are preliminary and subject to change.

Contact information:

Director of sales – Pospelov Evgeni, tel. +48 723 434 334, e-mail: e.pospelov@beloil-poland.pl (Russian, Polish);

Head of marketing department – Gavrish Elena, tel. +48 785 022 207, e-mail: a.gavrish@beloil-poland.pl (Russian, Polish);

Specialist of sales department – Suhanecka Malgozhata, tel. +48 665 545 427, e-mail: m.suchanecka@beloil-poland.pl(Russian, Polish, English);

Specialist of sale – Zavalska Malgozhata, tel. +48 724 343 402, e-mail:m.zawalska@beloil-poland.pl(Russian, Polish);

E-mail: beloil@beloil-poland.pl

Fax (+48 22) 891 00 24. 

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RUE «PA «Belorusneft»
www.belorusneft.by
OJSC «Naftan»
www.naftan.by
OJSC «Mozyr Oil Refinery»
www.mnpz.by