LICITACION PUBLICA No 1600144200 79

SPECIFICATION OF CONDITIONS OF THE INTERNATIONAL PUBLIC CALL FOR TENDERS FOR THE ACQUISITION OF A TANKER SHIP FOR ANCAP (URUGUAY).

MAIN PARTICULARS

1o) RECEPTION AND OPENING OF BIDS

Date : 6 March 2008 Time : 14:00

Place: Sala de licitaciones - Edificio ANCAP - (Paysandú and Avda. Libertador Brigadier General Lavalleja – First floor).

The bidders should consider point 2.3.1 of the Specification of General Conditions

FAX No. 902 11 36 - TELEX ANCAP UY 23168

INTERESTED PARTIES WHO HAVE ACQUIRED THIS SPECIFICATION SHALL NOTIFY THE FOREIGN PURCHASING DEPARTMENT (FAX - 00598-2-309-9479) OF THEIR TELEPHONE NUMBER, FAX NUMBER AND CONTACT PERSON TO WHOM ADDITIONAL INFORMATION OR CLARIFICATIONS ARE TO BE SENT.

CONTENTS

CHAPTER 1 - GENERAL ASPECTS OF THE TENDER AND OF THE FORMULATION OF BIDS

CHAPTER 2- DESCRIPTION OF THE VESSEL

CHAPTER 3- CHARACTERISTICS OF THE SHIPBUILDING CONTRACT TO BE SIGNED BETWEEN ANCAP AND THE CONTRACTOR SHIPYARD

CHAPTER 4- PLANS AND TRIALS APPROVAL

CHAPTER 5- BUILD DEVELOPMENT

CHAPTER 1-

SUB CHAPTER I- OBJECT OF THE TENDER

I.1 - OBJECT OF THE TENDER

I.2 – LOCATION OF THE WORK

I.3 – CONTRACT DOCUMENTS

I.4 – SUPPLEMENTARY INFORMATION

SUB CHAPTER II – ABOUT THE BIDS

II.1 – FORM OF PRESENTATION

II.2 - CLARIFICATIONS

II.3 – VALIDITY PERIOD

II.4 – CONSORTIUMS

II.5 – INFORMATION TO BE SUBMITTED

II.6 – LIST OF EXCEPTIONS

II.7 – MODIFICATIONS, ALTERNATIVES OR VARIATIONS

SUB CHAPTER III – COMMERCIAL CONDITIONS

III.1 – DEPOSIT OF GUARANTEES

III.2 - QUOTE

III.3 – FREIGHT

III.4 – PRICE VARIATIONS

III.5 – PAYMENT CONDITIONS

III.6 – DEADLINES

III.7 - ACCEPTANCE

III.8 – EXPANSION OR REDUCTION OF THE BUILD

III.9 – FINES AND PENALTIES

III.10 – CESSION OF CONTRACT

III.11 – LABOUR DISPOSITIONS

III.12 – COMPARISON AND ADJUDICATION

III.13 – NEGOTIATION

SUB CHAPTER IV – CONTRACTOR-A.N.C.A.P. RELATIONS

IV.1 – CONTRACTOR REPRESENTATIVES

IV.2 - SUB-CONTRACTORS

IV.3 - QUALIFICATIONS OF SPECIALISED PERSONNEL

IV.4 – A.N.C.A.P. WORK INSPECTOR

IV.5 - REJECTION OF A.N.C.A.P. PERSONNEL

IV.6 - CORRESPONDENCE

IV.7 – TECHNICAL DOCUMENTATION

IV.8 – GENERAL DESCRIPTIVE STATEMENT

IV.9 – INSPECTION OF MATERIALS

IV.10 – STORAGE OF MATERIALS

IV.11 – CONSTRUCTION DEFECTS AND FAULTS

SUB CHAPTER V – INTERNAL DISPOSITIONS

V.1 – INDUSTRIAL SAFETY REGULATIONS

V.2 – PERSONAL SAFETY EQUIPMENT

V.3 – SUPPLIERS REGISTER

V.4 – INSURANCE CERTIFICATE AND MAINTENANCE OF SAME (Law No. 16074)

V.5 - LAW No.17.957 (DEBTORS - DEUDORES ALIMENTARIOS)

CHAPTER 1

SUB CHAPTER I - OBJECT OF THE TENDER

I.1 – OBJECT OF THE TENDER

The General Administration Department of ANCAP at the La Teja plant call an International Public Tender for the construction and provision of an oil tanker in accordance with the conditions established in the technical statement attached, and other provisions in this specification.

The Vessel shall be new and its components and equipment shall be new, for marine use, of proved extended service, and of a generation that is currently being manufactured.

This shall be a shallow draught, highly manoeuvrable Vessel for use in the River Plate, internal rivers in the River Plate basin, and off the Atlantic coast of Uruguay, Argentina and Brazil.

Note that for nearly all its useful life the vessel will navigate in shallow waters and in frequently-used channels, so it should be a very manoeuvrable vessel, in accordance with the IMO A. 137 standard.

The Contractor shall provide all the materials, work force and machinery needed for the construction and delivery of the Vessel in condition to function immediately, with no additional work or inspection.

The Vessel is to be purchased in the “turn key” modality. Therefore, all details that are not specified but are necessary for the functioning and safe and approved operation of the vessel shall be considered included in his bid.

I.2 – LOCATION OF THE WORK

The Vessel shall be built in the shipyard indicated by the Contractor, and shall be delivered at a port indicated by the Contractor in the bid.

I.3 – CONTRACT DOCUMENTS

ANCAP and the Contractor shall subscribe to a shipbuilding contract for this work.

The fundamental documents of this contract to be considered shall be as follows:

1 – Resolution and adjudication of the call for tenders

2 – Contractor’s bid

3 - This Specification of Conditions.-

4 - Amendments or clarifications made by the Administration about the project, during the period of the call for tenders.-

5 – The Specification of General Conditions for tenders.-

I.4 – SUPPLEMENTARY INFORMATION

Interested parties should make any inquiries about this call for tenders to the Gerencia Técnica, área Logistica (Departamento Marítimo) (Technical Management, Logistics area, Maritime Department), or to the Division Administración General, Dpto. de Materiales Sección Compras en el Exterior (the General Administration, Foreign Materials Purchase Department), up to 10 (ten) days before the date set for the opening of bids.-

ANCAP shall provide the information requested up to 5 (five) days before the bids are opened.-

Clarifications that are made shall be communicated to all the firms that have received the specifications.-

If a postponement of the deadline for reception and opening of bids in the call for tenders is requested, this must be done a minimum of 5 (five) working days prior to the date of the opening.

SUB CHAPTER II – ABOUT THE BIDS

II.1 – FORM OF PRESENTATION

The bids should be submitted in accordance with point 2.2 of the Specification of General Conditions.

The bidder should submit his bid and design following the guidelines in these Specifications, the Technical Descriptive Statement and the other provisions. The bids should be drafted in accordance with the form provided in ANNEX 1:

II.2 - CLARIFICATIONS

Once the act of opening has taken place, the bidders shall not submit modifications or additions to their bids.- Only the Administration shall be empowered to request clarifications or additional information that, in their exclusive judgement, is deemed necessary.-

II.3 – VALIDITY PERIOD

For this tender the minimum validity period of offers laid down in article 2.5 of the Specification of General Conditions (Pliego de Base y Condiciones Particulares Para Contratación de Suministros y Servicios No Personales - from now on referred to as Pliego General – Sección II) has been modified.-

In this case the validity of the bids shall not be less than 120 (one hundred and twenty) calendar days.

II.4- CONSORTIUMS.

Bids from consortiums shall not be accepted. Offers should be from shipyards that will take complete charge of the entire project. However, sub-contracts are acceptable provided they are in accordance with the conditions laid down in these Specifications.

II.5 – INFORMATION TO BE SUBMITTED

5.1 – Details about the Company making the bid

Companies are requested to submit the following data:

1) Type of Company

2) Age (date founded)

3) Names of the representatives and its owners, and in the case of Societies, the members of the Board of Directors.-

4) Registered address and telephone number (s) .

If the bidder has done previous work for ANCAP it is essential to specify the date, place, amount, type of tender and type of work carried out, and the Administration shall determine, entirely at its own convenience, whether, in its judgement, these antecedents qualify said bidder to carry out the build.-

5.2 - Schedule

The general schedule for the work shall be included.-

The schedule shall indicate the activities on the critical path, late date for those not included, and the total period established.

5.3 - Antecedents

The bidder shall provide information about vessels similar to the Vessel in question that they have constructed within the last five years.-

The antecedents of the sub-contractors shall also be submitted.-

A list of the main equipment to be used in the construction of the Vessel shall be included.-

The antecedents of the main technical personnel who will take part in the work shall be included, and their type of connection with the Company shall be specified.-

II.6 – LIST OF EXCEPTIONS

The bidder should clearly establish in the chapter of his offer entitled: "Exclusions of Scope", all deviations, differences, changes, etc that differ from the Specifications, both commercial and technical.

Any exception that is not expressly detailed in this point shall not be considered as such, and it shall be understood that the requirements of the Specification have been complied with.

No modifications to bids that mean changes in the prices specified in the basic offer shall be accepted.

Only bids that satisfy the requested basic requirements of the Vessel, as laid down in these Specifications, shall be accepted.

All offers of a vessel that differ from what is established in the Technical Description in basic aspects in such a way that, in the judgement of ANCAP, might hinder its full utilization in the rivers or sea lanes in the region, could be rejected by ANCAP.

II.7 – MODIFICATIONS, ALTERNATIVES OR VARIATIONS.

It shall be permissible to present alternative projects that do not essentially mean modifications to the essence of the basic concept.

The bidders are requested to quote for the Vessel with at least three different makes of main engines and generators.

In the case of alternatives, it shall be indicated in the bid whether these mean a variation in the price of the bid or in the delivery period.-

In all cases, ANCAP reserves the right to make use of some of the options.-

Express non-acceptance of some of the articles in these Specifications and Statement could be taken as a negative factor at the time of adjudication.-

ANCAP reserves the right, at its complete and exclusive convenience, to consider offers that do not conform strictly to the stated specifications.-

SUB CHAPTER III – COMMERCIAL CONDITIONS

III.1 – WARRANTY DEPOSITS

Proposal Bid Bond: The deposit shall be 1% (one percent) of the amount quoted if this is in excess of $1,880,000 (one million eight hundred and eighty thousand Uruguayan pesos), taxes included, or an equivalent sum in another currency, and if this is not the case this guarantee shall not be deposited.

Contract Bid Bond: 5% (five percent) of the amount of the contract if this exceeds $752,000 (seven hundred and fifty-two thousand Uruguayan pesos), taxes included, or an equivalent sum in another currency.

Both deposits of guarantees should be made at the Tesorería de la División Económico Financiera (Treasury of the Financial Economic Department) at Edificio ANCAP – Avda. del Libertador Brigadier General Lavalleja and Paysandú.

The conditions laid down in Article 3 OF GUARANTEES in the Specification of General Conditions (Pliego General – Sección II) should be taken into consideration.

Advance payments: The shipyard shall establish a guarantee that covers the advance payments made by ANCAP that are linked to work progress. This shall be established in a leading bank that is represented in Uruguay.

III.2 - QUOTES

The quote shall be a global price for the Vessel, finished, tested and ready for normal operations, delivered to a suitable port that has been proposed by the shipyard and accepted by ANCAP.

It is understood that the quote shall be for supplying the complete vessel, which should be delivered in “turn key” modality, in functioning condition, and therefore including all the work and certification necessary to have the tanker ship fully completed and operational, based on this Specification of conditions and other provisions.-

Imported materials and equipment shall be located at the building site, imported by the shipyard, which shall be completely responsible for all the official procedures and expenditure necessary for them (the management of import procedures, insurance, etc.)

In the event of operational mistakes, the omission of areas of work, etc., the value established in the bid shall be taken as valid as the total value of the same.-

It is understood that all the elements and certification necessary to construct the Vessel, and the condition that said Vessel shall be completely operative once the tests have been completed, are included in this offer, even though they may not be explicitly mentioned.

The quote shall be made in accordance with the form in ANNEX 1. The price of the Vessel shall be given separately from the price of the classification of said Vessel, and the bid shall include at least three prices from Classification Societies, with details of the services that the three offer, which shall be the same in all three alternatives. The classification shall be complete, from the plans of the Vessel through to the delivery of said Vessel. Only offers for vessels that are classified by LRS, ABS, DNV, RINA, GL or NKK shall be accepted.

All consumables required for the tests and the launch shall be paid for by ANCAP, and these shall be specified in the offer.

All applicable taxes, insurance and any other necessary costs shall be considered included in the total price offered.

III.3 - FREIGHT

Freight costs shall not be paid since the price for materials and equipment shall considered at the site of the build.-

III.4 – PRICE VARIATIONS

Quotes should be made only in foreign currency (U$, EU, Yen, etc) and shall not be subject to adjustments. The bidder shall specify the currency or currencies offered for payment for the Vessel.

III. 5 – PAYMENT CONDITIONS

The Administration agrees to make payments in accordance with progress in the construction.

To this end, the bid shall include a schedule of the appropriate payments, the total of which shall not exceed 75% of the total value of the bid.

The remaining 25% of the total value of the bid shall be payable only upon Provisional Acceptance of the Vessel (III.7), and after the documentation in condition “As Built” has been submitted to and accepted by ANCAP.

For the payments that are made in advance, before delivery of the Vessel, ANCAP shall require the appropriate bank guarantee (III-1).

III.6– DEADLINES

6.1 – Delivery period

The bidder should specify the total period until delivery of the work in months, in accordance with the schedule submitted. - The Administration shall give a preferential rating to offers that propose shorter periods. This preference is quantified in the chapter on Comparison and Adjudication.

6.2 – Deadline calculation

The deadlines for starting the build shall be calculated from the date the shipyard receives the Purchase Order. However, if the offer so indicates, a date can be fixed with one deadline for completing the project and having it approved, including the necessary studies and modelling, and another deadline for the work that starts when the steel for the Vessel is received at the shipyard. The period between completion of the design of the Vessel and the commencement of construction work shall not exceed 60 (sixty) calendar days. The total period shall consist of the period from when the Purchase Order is issued until the tested and classified Vessel is delivered. Therefore it includes project design, plans, tests, the build itself, sea tests, corrections if these might be necessary, and final delivery. This total period shall be what is taken into consideration when evaluating the item entitled “Delivery Period” of the Vessel.