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Book I

Part 1 Instructions To Bidders

PART 1
INSTRUCTIONS TO BIDDERS

BID DOC LNG PAPUA


Book I
Part 1 Instructions To Bidders

TABLE OF CONTENT

BOOK I
PART 1 INSTRUCTIONS TO BIDDERS

1. INVITATION........................................................................................................ 1
2. SOURCES OF FUNDS ....................................................................................... 2
3. COST OF BID ..................................................................................................... 2
4. BID DOCUMENTS .............................................................................................. 3
5. CLARIFICATION OF BID DOCUMENTS ............................................................ 4
6. AMENDMENT OF BID DOCUMENT ................................................................... 5
7. LANGUAGE OF BID AND SYSTEM OF UNITS .................................................. 6
8. EQUIPMENT'S QUALIFICATIONS ..................................................................... 6
9. BID PROPOSAL ................................................................................................. 9
10. BID PRICES ..................................................................................................... 15
11. BID CURRENCIES ........................................................................................... 16
12. DOCUMENT ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION....
......................................................................................................................... 16
13. DOCUMENT ESTABLISHING GOODS’ ELIGIBILITY AND CONFORMITY TO
BIDDING DOCUMENTS ................................................................................... 17
14. BID SECURITY ................................................................................................. 18
15. PERIOD OF VALIDITY OF BIDS ...................................................................... 19
16. FORMAT AND SIGNING OF BID...................................................................... 19
17. SEALING AND MARKING OF BIDS ................................................................. 21
18. DEADLINE FOR SUBMISSION OF BIDS ......................................................... 22
19. LATE BIDS ....................................................................................................... 22
20. MODIFICATION AND WITHDRAWAL OF BIDS ............................................... 22
21. OPENING OF BIDS BY THE OWNER .............................................................. 23
22. CLARIFICATION OF BIDS................................................................................ 24
23. EXAMINATION, EVALUATION AND COMPARISON OF BID ........................... 24
24. N/A ................................................................................................................... 29
25. CONTACTING THE OWNER ............................................................................ 29
26. AWARD CRITERIA ........................................................................................... 29
27. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS.
......................................................................................................................... 30
28. NOTIFICATION OF AWARD............................................................................. 30
29. SIGNING OF CONTRACT ................................................................................ 31
30. PERFORMANCE SECURITY ........................................................................... 32
31. USE OF INDONESIAN MANUFACTURED GOODS AND SERVICES/LOCAL
CONTENT ........................................................................................................ 32

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Book I
Part 1 Instructions To Bidders

INSTRUCTIONS TO BIDDERS

1. INVITATION

1.1 PLN (Persero) as the Owner hereby invites the Qualified Applicants which has
passed Pra-Qualification Process to submit Bid Proposal in response to Bid
Document for the Development of LNG Infrastructures (EPC) to be used for
Gas Power Plants in Sorong, Manokwari, Nabire, Jayapura and Biak and
Operation and Maintenance (O&M) during five (5) years period (“Project”)
consists of:
a. EPC Works of LNG Infrastructures on five (5) locations in Papua Province,
namely (i) LNG Land Base in Sorong, Manokwari and Nabire and (ii) FSRU
in Jayapura and Biak. The detail scope of EPC Works is specified in Book
II-A, Part 4, Technical Requirements of this Bid Document.
b. O&M Works of LNG Infrastructures for five (5) years after Taking-Over
date and shall cover all the requirements stated in Book V of this Bid
Document.

1.2 This Project is expected to achieved commercial operation within thirty six (36)
months from the Effective Date of the Contract. Within a maximum of eighteen
(18) months after the Effective Date of Contract, Bidder shall ensure that there
shall be one (1) location has been completed and could be started to operate
(Partial COD). Any delay related to a Partial COD shall be subject to liquidated
damages in percentage pursuant to Book I, Part 3, Special Conditions of
Contract, Sub Clause 4.1 [Delay in Completion of Key Date Activities] for such
location.

1.3 For the purpose of this Bid Document, Qualified Applicant may join other
Qualified Applicant(s), add one or more new member(s) but limited to other
Qualified Applicants officially invited by Procurement Officer in this Bid
Document provided that a new formed consortium of Bidder shall (i) meet all
the qualification criteria; and (ii) consist of maximum numbers of members is
five (5) companies. For such purpose, as part of its Technical and
Administration Proposal, Bidder shall submit all documentation required in
Book I, Part 1, Instructions to Bidders, Sub Clause 9.4 (d).

1.4 The Bid will be conducted in two-stage bidding process. Through these
Instructions to Bidders, the Owner invites Qualified Applicants to submit the
Technical and Administration Proposal as stipulated in Book I, Part 1,
Instructions to Bidders, Sub Clause 9.4. Bidders submitting Technical and
Administration Proposal and who are deemed by PLN to be substantially
responsive to the requirements of evaluation as stipulated in Book I, Part I,
Instructions to Bidders, Clause 23 [Examination, Evaluation and Comparison
of Bid] will be declared as Responsive Bidders (“Responsive Bidders”). Only
the Responsive Bidders will be invited to submit the Commercial Proposal as
stipulated in Book I, Part 1, Instructions to Bidders, Clause 9.5. The Successful
Bidder will be selected from the Responsive Bidders who meet or exceed the

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Book I
Part 1 Instructions To Bidders

qualification criteria at all times during the Bid process. If a Bidder no longer
meets the qualification criteria, the evaluation to such Bidder will not be
continued and its Bid Proposal, respectively, that has been submitted shall be
rejected.

The lowest evaluating price of Responsive Bidders will be declared as the


winning Bidder (“Successful Bidder”). Subsequently, the Owner will issue
Letter of Intent notifying that it is the Successful Bidder and also invite the
Successful Bidder to sign the Contract after Contract Discussion Agreement
(CDA). After the issuance of Letter of Intent, the Successful Bidder shall enter
into Contract with PT PLN (Persero).

1.5 For definition of terms used in this Bid Document shall refer to Book I, Part 2,
General Conditions of the Contract, Clause 1 [Definitions] and other relative
parts of the Bid Document.

1.6 The tentative bidding schedule are:

Bid Milestones Schedule*)


Bid Doc Collection Starting from 29th
November 2018 until 14th
December 2018
Pre-Bid Conference 20th December 2018
Site Visit 14th-18th January 2019
Submission of Stage I - Technical and 22th April 2019
Administration Proposal
Opening of Stage I - Technical and 22th April 2019
Administration Proposal

*) Any changes to the above schedule and further phases of bidding process
will be notified through electronic mail or facsimile and confirmed by written
letter by Procurement Officer to all Bidders (or Responsive Bidders, whichever
applicable) and shall not be subject to the amendment of Bid Document
pursuant to Book I, Part 1, Instructions to Bidders, Clause 6 [Amendment of
Bid Document].

2. SOURCES OF FUNDS

The Project will be financed by the Owner’s internal fund.

3. COST OF BID

All costs and expenses of any kind whatsoever relating to the preparation and
submission of the Bid Proposal and Bidder’s participation in the Bid process
including but not limited to, the due diligence, Pre-Bid Conference, any Site
visits, request for clarifications, the finalization and execution of the Contract
as well as procurement of Bid Security, Performance Security or other

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Book I
Part 1 Instructions To Bidders

guarantees if any, shall be borne exclusively by the Bidder. The Owner, its
directors, the Procurement Officer, and its representatives and advisors will,
in no case, be responsible or liable for these costs, regardless of the conduct
or outcome of the Bid process.

4. BID DOCUMENTS

The Bid Document comprise of the following.


Book I : Part 1 – Instructions to Bidders
Part 2 – General Conditions of Contract
Part 3 – Special Conditions of Contract
Book II-A to II-F : Part 4 – Technical Requirements
Book III : Part 5 – Bid Forms & Schedules
Book IV : Part 6 – Bid Drawings
Book V : O&M Requirement
Section 1 – Scope of Works
Section 2 – Conditions of Contract
Section 3 – Forms and Schedules

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Book I
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5. CLARIFICATION OF BID DOCUMENTS

5.1. All clarification regarding the Bid Document to the Procurement Officer shall
be in writing and shall be provided by official letter, to the following address.

PT PLN (Persero) Head Office, 1st Building 5th Floor


Jl. Trunojoyo Blok M I/135, Kebayoran Baru,
Jakarta Selatan 12160 – Indonesia.
For Attention: c/o. Procurement Officer for Development of LNG
Infrastructures for Gas Power Plants In Sorong, Manokwari, Nabire, Jayapura
and Biak.

5.2. The Pre-Bid Conference may be conducted for the purpose of clarifying the
scope and intent of the Bid Document at the time and venue to be informed
later. Subsequent to the Pre-Bid Conference, Owner may arrange for Site visit
which Bidder shall only be permitted to have maximum three (3) personnel to
participate. Subsequently, the Bidder may submit to the Procurement Officer
any questionnaire covering those aspects of the Bid Document on which
clarification will be sought. Non-attendance at the Pre-Bid Conference will not
be a cause for disqualification of Bidder.

Invitation advising the venue and time of the Pre-Bid Conference will be sent
to the Qualified Applicant who have collected Bid Document by hand from
Procurement Officer pursuant to schedule as stated in Book I, Part 1,
Instructions to Bidders, Sub Clause 1.6.
5.3. Each Bidder may make arrangements for another Site visit by providing prior
notice (subject to the Owner's prior written approval) and specify the date,
intended duration of, and activities to be undertaken during, such Site visit. If
any activities to be undertaken by Bidder at the Site visit require permits,
licenses or other authorizations (for example, in relation to boring), obtaining
such permits, licenses or authorizations shall be the sole responsibility of the
relevant Bidder. Each Bidder shall indemnify, defend and hold harmless the
Owner from and against all claims made against or suffered by the Owner for
any loss of or damage to property or death or injury to persons, resulting from
any activity of Bidder or its personnel or any third-party contractor of such
Bidder during any Site visit.

5.4. Any reply to the clarifications submitted by the Bidder, will be issued by
Procurement Officer in writing and will be distributed to all Bidder. The Owner
may, at its own discretion, choose not to respond to any request for
clarification.

5.5. Unless a clarification to this Bid Document is provided in the formal manner
described above, no clarification to Bidder shall be considered valid or binding.
Bidder is cautioned that any interpretation or explanation which is not given in
writing by the Procurement Officer must not be relied upon.

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5.6. The Bidder shall thoroughly inform itself of all conditions and factors which
would affect the execution and completion of the Works; including, but not
limited to, the availability and cost of labor, applicable laws and regulations
and facilities for transportation, handling and storage of materials and
equipment.

It must be understood and accepted that such factors have been properly
investigated and considered in the preparation of the Bid Proposal submitted.
The Bidder will be deemed to have a personal knowledge of the Site and to
have informed itself the conditions and requirements thereof.

Therefore, no claims will be accepted by the Owner under any Contract


awarded for the Works included under this Bid Document for financial and time
adjustment, where such claims are based on the lack of such prior information
or its effect on the cost of the Works.

5.7. The Owner makes no representation or warranty, whether written or oral, as


to the accuracy of the information provided by him, Procurement Officer, his
agents, representatives and advisors. It is the Bidder sole responsibility to
verify the accuracy of such information and shall not be grounds for any Bidder
to subsequently alter its Bid Proposal, nor shall it relieve the Successful Bidder
from any responsibility for appropriately estimating the difficulty or costs of
successfully completing the Project.

5.8. This Bid Document contains references to certain Government of Indonesia


decrees, regulations and laws. These are provided for the convenience of the
Bidder and there is no expressed or implied warranty of their validity. The
Bidder will be deemed to have a necessary understanding of all the applicable
and prevailing Indonesian regulations or local regulation, laws etc.

6. AMENDMENT OF BID DOCUMENT

The Owner will be the sole judge of the true meaning of the Bid Document.
Any interpretation of, or change in, the Bid Document prior to the closing time
set forth herein will be made only by an Addendum or amendment issued by
the Owner to all Bidder, of which shall amend any part of this Bid Document.
The receipt of an Addendum or amendment by Bidder must be acknowledged
promptly in writing by email and so noted in the Bidder’s Bid Proposal. Late
receipt by Bidder of any Addendum or amendment or failure to acknowledge
the receipt of any Addendum or amendment shall not relieve the Bidder from
being bound by such Addendum or amendment.

Unless an Addendum or amendment to this Bid Document is made in the


formal manner described in this Clause, no Addendum or amendment shall be
considered valid or binding on the Owner as to the meaning of this Bid

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Book I
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Document. Bidder is cautioned that any Addendum or amendment which is


not given in writing by the Procurement Officer must not be relied upon.

In order to afford Bidder reasonable time in which to take amendments into


account in putting together their consortia or preparing their Bid Proposal, or
for any other reason whatsoever, the Owner may, at its sole discretion, extend
the deadline for the submission of Bid Proposal, or adjust the Bid process
schedules. For the avoidance of doubt, pursuant to Book I, Part 1, Instructions
to Bidders, Sub Clause 1.6, any changes to bidding process schedule shall
only need to be notified through electronic mail or facsimile and confirmed by
written letter by Procurement Officer to all Bidders or Responsive Bidders
(whichever applicable).

7. LANGUAGE OF BID AND SYSTEM OF UNITS

The Bid Proposal, all related correspondences and documents including


drawings shall be in the English language and utilize the system of units
specified in Book II-A, Part 4, Sub Clause 2.15 [Units of Measurements and
Symbols]. Supporting documents and printed literature furnished by the Bidder
with the Bid Proposal may be in any other language provided they are
accompanied by an appropriate translation of pertinent passages in English,
with sworn translator’s stamp and certified by the authorized officer of the
company furnishing such supporting documents (unless the supporting
document is in Indonesian). Supporting materials, other than in English or
Indonesian, which are not translated to English may not be considered. In case
of inconsistency between the English translation and the original language, for
the purposes of this Bid Document, the English translation will be used for
interpreting the information.

The Contract will be in dual language, English and Indonesian. Unless


required other by Indonesian laws for the purpose of the compliance of
Contract, in case of inconsistency, Indonesian language will prevail. However,
as parts of the Contract, all provisions in Bid Document related and referred
thereof will remain in English language.

8. EQUIPMENT'S QUALIFICATIONS

8.1. To satisfy the Owner of Bidder’s ability to perform the Works, each Bidder shall
provide its Shipyard (Shipbuilding Company), which shall fulfill the following
criteria:

One or more member of Bidder may serve as Shipyard (Shipbuilding Company)


to perform EPC Works for FSRU, or including top side works on the FSRU by
demonstrating that it has successfully designed and manufactured at least one
(1) unit of FSRU or converted FSRU with volume of 15,000 m3 LNG or larger,
such FSRU shall has successfully completed the commissioning, and
established its maximum capacity in accordance with the required test

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Book I
Part 1 Instructions To Bidders

procedures and received an international classification from IACS. The Bidder


shall provide the written evidence issued by the respective project owner for
Owner evaluation purpose.

In the event a Shipyard (Shipbuilding Company) engaged as a sub-contractor


of Bidder for this bidding process, it is only allowed to support maximum two (2)
Bidders. Failing this requirement, the Bid Proposal of such Bidder shall be
subject to rejection.

8.2. To satisfy the Owner of Bidder’s ability to perform the Works, each Bidder shall
also provide its equipment’s manufacturer, which shall fulfill the following
criteria:

a. Main Equipment Manufacturer

The Main Equipment of LNG Land Base and Main Equipment of FSRU
shall be Original Equipment Manufacturer (OEM). The manufacturer shall
be a firm or company which has developed, designed and manufactured
such equipment with its own technology and regularly owns, operates and
keeps a factory or establishment that produces the equipment and
materials required for the Works. Prototype or not proven equipment is not
accepted.

The Bidder shall provide written evidence, including satisfaction letter,


issued by the respective project owners of its proposed Main Equipment
manufacturer for Owner evaluation purpose. Such evidence shall include
all reference experience that it has at least one (1) reference plant
(relevant equipment sizing or bigger plant capacity stated on technical
requirements) in successful operation, the type of equipment proposed
shall comply with the following specifics:
(i) Within the last ten (10) years; and
(ii) The reference plant must have been in operation for two (2) years with
average Availability Factor of minimum ninety percent (90%) since
start of commercial operation. However, the Owner reserves the right
to examine the proposed Main Equipment as the basis to evaluate
whether the Main Equipment is acceptable;

b. Other Equipment Manufacturer

The Bidder shall provide written evidence issued by respective project


owner of its proposed Other Equipment manufacturer that utilized the
equipment proposed by the Bidder for Owner evaluation purpose. Such
evidence shall include all reference experience as requested below:
(i) other equipment shall be locally manufactured product or shall be
originally manufactured;
(ii) other equipment for mooring system, sub-sea pipeline, lighting,

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grounding and lightning protection on ORF, civil and structural works


shall be manufactured in Indonesia.

The Bidder shall also demonstrate that the proposed Main Equipment and
Other Equipment do not have bad track record. In the event that the Owner
found such sub-standard past performance, the Owner reserves the right to
request for substitutions of such equipment.

8.3. The Bidder shall demonstrate that the proposed Main Equipment offered has
been successfully proven in commercial service. Prototype component and
equipment are not acceptable. The Bidder shall provide the evidence (user
satisfaction statement) that the Main Equipment’s offered has a history of
stable and safe operation. To prove Bidder’s manufacturing, design and
project management capabilities, comprehensive reference listed shall be
submitted for Main Equipment.

8.4. An authorization letter(s) from such Main Equipment and Other Equipment
manufacturers as stated above to confirm those Main Equipment
manufacturers above have intention to supply the Main Equipment shall be
submitted together with the Technical and Administration Proposal.

8.5. The Bidder shall submit the whole evidences that demonstrate the
manufacturers of all equipment specified and services herein intent to support
this Works and this evidence shall be inclusively included in Bidder’s Technical
and Administration Proposal for Owner evaluation purpose. Missing out of
such evidences may cause the Bidder’s Technical and Administration
Proposal will not be further evaluated.

8.6. The Bidder / designers / manufacturers / erectors / suppliers / sub-contractors


shall have:
a. To provide, or be able to provide, a technical organization adequate to
carry out all aspects of the Contract;
b. A “quality assurance” organization, with procedures and specifications
designed to ensure during both manufacturing and field installation phases
that appropriate standards are attained;
c. No claims outstanding against them in respect of the performance or quality
of their work;
d. An organization and financial standing commensurate with the execution of
the full scope of his works;
e. Undisputed capability, manufacturing capacity and erection equipment to
carry out the Works as stipulated in the Bid Document.

8.7. The Owner reserves the right to seek additional information and to reject any
Bid Proposal which does not, in his opinion, fully demonstrate the
qualifications of the Bidder / designers / manufacturers / erectors / sub-
contractors to execute the Works satisfactorily.

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8.8. The Main Equipment manufacturers shall have valid environmental


management system certification.

9. BID PROPOSAL

9.1. The Bid will be conducted in two (2) stages; where the bid submitted by the
Bidder for Stage-I shall contain the Technical and Administration Proposal.
Succeeding the evaluation of Stage-I, the Owner will invite the Responsive
Bidders who passes their Stage-I evaluation to submit their Commercial
Proposal as Stage-II.

9.2. No Bidder or any member of Bidder may participate in the submission of more
than one (1) Bid Proposal.

9.3. The Bid Proposal of each stage shall consist of (i) one (1) original in paper
form, which shall be marked “Original”; (ii) two (2) duplicate copies in paper
form and one (1) electronic copy in USB flash drive suitable for use on a
standard personal computer using Microsoft Windows (PDF format except for
price schedule shall be in excel format), which shall be marked “Copy” and
shall include a duplicate copy of every attachment to the original Bid Proposal
at the time of submissions set forth herein.

9.4. The Bid Proposal Stage I – Technical and Administration Proposal shall
respectively contain the following documents:
a. Bid Letter for Technical and Administration Proposal, dated and duly
signed by Authorized Representative;
b. Bid Security, dated and duly signed by Authorized officer of issuing bank;
c. Power of Attorney (duly notarized in accordance with the applicable law
in the jurisdiction of each member of the Bidder and legalized by the
embassy of Indonesia in the country of each member of the Bidder (if
outside Indonesia), identifying the Authorized Representative who shall
have the authority to sign the Bid Proposal and irrevocably bind the Bidder
in all matters connected with the Bid process during the Bid Proposal
Validity period);
d. Consortium Formation (if applicable) setting forth addition of Qualified
Applicants will be subject to submission of the following supporting
documents:
i. a revised Confidentiality Letter in relation to the newly proposed
consortium;
ii. a revised consortium agreement in relation to the newly proposed
consortium;
iii. a new Power of Attorneys in relation to new consortium; and
iv. a letter stating that each participation of a member of any Qualified
Applicant or any member(s) Qualified Applicant has been withdrawn
and it release and discharges PLN from any obligations towards it as
member of such Qualified Applicant, and setting out evidence of
termination of their former consortium agreement.

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e. Recommended Spare Parts without price (Book III, Part 5, Bid Forms &
Schedules, Schedule 2.3 [Recommended Spare Parts]);
f. Mandatory Spare Parts without price (Book III, Part 5, Bid Forms &
Schedules, Schedule 1.4 [Mandatory Spare Parts LNG Land Base and
FSRU]);
g. Maintenance Tools and Testing Equipment without price (Book III, Part 5,
Bid Forms & Schedules, Schedule 1.5 [Maintenance Tools and Testing
Equipment], and Book V, Section 3, O&M Forms and Schedules);
h. Consumables without price (Book III, Part 5, Bid Forms & Schedules,
Schedule 1.6 [Consumables]);
i. Addendum Receipt (if applicable) (Book III, Part 5, Bid Forms &
Schedules, Schedule 3.1 [Addendum Receipt]);
j. Deviation from and Exceptions to Bid Document (Book III, Part 5, Bid
Forms & Schedules, Schedule 3.2 [Deviations from and Exceptions to Bid
Document]) without price;
k. Construction Power and Water Requirement (Book III, Part 5, Bid Forms
& Schedules, Schedule 3.7 [Construction Power and Water
Requirement]);
l. Construction Storage Area Requirements (Book III, Part 5, Bid Forms &
Schedules, Schedule 3.8 [Construction Storage Area Requirements]);
m. Construction Personnel (Book III, Part 5, Bid Forms & Schedules,
Schedule 3.9 [Construction Personnel]);
n. Statement in compliance with the Minister of Industry of the Republic of
Indonesia Regulation No. 02/M-IND/PER/I/2014 on Guidelines on the
Increase of Use of Local Products in Procurement of Government
Goods/Services by the Government including any applicable law, all as
may be amended from time to time (Book III, Part 5, Bid Forms &
Schedules, Schedule 3.10 [Indonesian Manufactures Goods] & Schedule
3.11 [Foreign Manufactured Goods]) :
▪ List of Indonesian Manufactured Goods and Services (Schedule
3.10)
▪ List of Foreign Manufactured Goods and Services (Schedule 3.11)
o. Contract Schedule Key Dates (Book III, Part 5, Bid Forms & Schedules,
Schedule 4 [Contract Schedule Key Dates]);
p. Qualification Profile (Book III, Part 5, Bid Forms & Schedules, Schedule
5 [Qualification Profile]);
▪ Consortium Agreement, as applicable, legalized/certified by public
notary (or relevant authority in its jurisdiction of incorporation or
stated in such agreement) that: (i) identifies each member of the
Bidder; (ii) indicates the intention of each of those members to
function as consortium member of Bidder for the purpose of the
Project; (iii) identifies a member of the Bidder to be appointed as the
Leader; (iv) requires each member of the Bidder to appoint an officer

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of the Leader to be the Authorized Representative of the Bidder; and


(v) provides the joint and several liabilities of the members of Bidder
with respect to the Project; (vi) direct payment to each of the member
in accordance with its portion to the Project;
▪ Copies of Company Registration Certificates, certified by relevant
authorities;
▪ Reference project list and respective owner’s certificates as per Book
I, Part 1, Instructions to Bidders, Sub Clause 8.1, 8.2, 8.3 and 8.4
herein;
▪ Main Equipment reference project list and respective owner’s
certificate as per Book I, Part 1, Instructions to Bidders, Sub Clause
8.2 herein;
▪ Other Equipment reference project list and respective owner’s
certificate as per Book I, Part 1, Instructions to Bidders, Sub Clause
8.2 herein;
▪ Equipment manufacturers’ authorization letter, as applicable and as
required in Book I, Part 1, Instructions to Bidders, Clause 8
[Equipment’s Qualifications] above;
▪ Quality assurance organization, and Occupational Health and Safety
Management System;
▪ Main Equipment Manufacture’s ISO 9001, ISO 14001 and OHSAS
18000 certificate or equivalent International certification;
▪ Risk Management System;
▪ Engineering Deliverable List;
▪ Transportation and Construction Method;
▪ Statement Letter of Capability for Following Provision Export;
▪ Statement Letter to release and hold harmless the Owner of any
claims if the project not implemented;
▪ Statement Letter of Compliance with Law No. 13 Year 2003;
q. List of Sub-contractors / Sub-vendors (Book III, Part 5, Bid Forms &
Schedules, Schedule 5.3 [List of Sub-contractors/Sub-vendors]),
including Indonesian Manufactured Goods;
r. Surat Kemampuan Usaha Penunjang Minyak dan Gas Bumi (SKUP
MIGAS) as Peraturan Menteri Energi dan Sumber Daya Mineral No.
14/2018 on Oil and Gas Supporting Business Activities including any
applicable law, all as may be amended from time to time;
s. Technical Data (Book III, Part 5, Bid Forms & Schedules, Schedule 7
[Technical Data]);
t. A complete Technical Requirements (as described in Book II-A to II-F,
Part 4);
u. A complete Drawing (as described in Book IV Part 6 Drawing);
v. A complete Requirement for Operation and Maintenance and Forms and
Schedules including Programme for Plant Inspection as described in
Book V;

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w. Integrity Pact (Book III, Part 5, Bid Forms & Schedules, Form 5.10
[Integrity Pact]);
x. Any other documents required in accordance with this Bid Document; and
y. Any other document which the Bidders intend to submit as
supplementary.

Bidders must prepare Technical and Administration Proposal by filling in all


blank spaces and information requested in the various forms provided and all
necessary supporting documentation as evidences and submit these duly
completed documents on the Technical and Administration Proposal
submission date. No changes will be permitted once Bid Proposal have been
submitted.

9.5. Only Responsive Bidder will be invited to submit the Bid Proposal Stage II -
Commercial Proposal, which respectively shall contain the following
documents:
a. Bid Letter for Commercial Proposal, dated and duly signed;
b. Prices Schedule include soft copy spreadsheet (Book III, Part 5, Bid
Forms & Schedules, Schedule 1.1 [Summary Price Schedule] to 1.8 [Unit
Adjusting Prices]);
c. Recommended Spare Parts with price (Book III, Part 5, Bid Forms &
Schedules, Schedule 2 .3 [Recommended Spare Parts]);
d. Deviation from and Exceptions to Bid Document (Book III, Part 5, Bid
Forms & Schedules, Schedule 3.2 [Deviations from and Exceptions to Bid
Document]) with price;
e. Contract Payment Schedule (Book III, Part 5, Bid Forms & Schedules,
Schedule 3.3 [Contract Payment Schedule]);
f. Payroll Overheads (Book III, Part 5, Bid Forms & Schedules, Schedule
3.4 [Payroll Overheads]);
g. Labor Rates (Book III, Part 5, Bid Forms & Schedules, Schedule 3.5
[Labor Rates]);
h. Equipment Rental Rates (Book III, Part 5, Bid Forms & Schedules,
Schedule 3.6 [Equipment Rental Rates]);
i. Indonesian Manufacturer Goods and Services / Local Content (Book III,
Part 5, Bid Forms & Schedules, Schedule 3.10 [Indonesian Manufactures
Goods]);
j. Plant Performance Guarantees under Book III Part 5, Bid Forms &
Schedules, Schedule 6;
k. Breakdown of O&M Fees and Prices (Book V, Section 3, O&M Forms and
Schedules, Schedule 1 [O&M Summary Fees and Prices Schedule]);
l. Unit Price for O&M Personnel (Book V, Section 3, O&M Forms and
Schedules, Schedule 2 [Unit Prices for O&M Personnel]);
m. Any other documents required to be completed and submitted by Bidder
in accordance with this Bid Document.

Responsive Bidder must prepare Commercial Proposal by filling in all blank


spaces and information requested in the form provided and submit these duly
completed documents on the Commercial Proposal submission date. No

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Book I
Part 1 Instructions To Bidders

changes will be permitted once Commercial Proposal have been submitted.

9.6. Bidder shall complete all Contract Schedule Key Dates of Book III, Part 5, Bid
Forms & Schedules, Schedule 4 [Contract Schedule Key Dates], which shall
be clearly identified and properly satisfied.

9.7. A combined schedule in Critical Path Method (CPM) shall be submitted with
the Technical and Administration Proposal in the Stage-I indicating design,
procurement, manufacturing, shop testing, supply, transport, storage,
insurance, erection, training, testing and commissioning activities of the major
sections of the Contract. This schedule may be subject to modification by the
Owner prior to the award of the Contract but thereafter shall be finalized as
described in Book II-A, Part 4, Technical Requirements, Sub-Section 2.3
[Schedules]. The time schedule shall only be modified prior to the signing of
the Contract following consultation and agreement between the parties.

Bidder shall submit corresponding milestone schedule identifying the date or


period of major activities associated O&M Works.

9.8. Bidder should note that inspection of Site will be assessed as specified under
Book I, Part 2, General Conditions of Contract, Clause 10 [Inspection of Site];
Sufficiency of Bid Proposal as specified under Book I, Part 2, General
Conditions of Contract, Clause 11 [Sufficiency of Bid Proposal]; and that
liquidated damages will be assessed as specified under Book I, Part 2,
General Conditions of Contract, Clause 50 [Liquidated Damages] and Book I,
Part 3, Special Conditions of Contract, Clause 4 [Liquidated Damages] for
delay in completion and for non-performance of equipment as applicable to
the supply under the Contract.

9.9. Bid Proposal shall be prepared to conform to all laws, by-laws and regulations
including, but not limited to, national, provincial and local authority laws, by-
laws and regulations in force in the locality of the Works.

9.10. Bid Proposal shall be made without any connection, comparison of figures or
arrangement with, or knowledge of, any other person or people submitting a
Bid Proposal for the same Work and shall be in all respects fair and without
collusion or fraud.

9.11. Bidder shall complete Book III, Part 5, Bid Forms & Schedules, Schedule 3.3
[Contract Payment Schedule] to indicate the estimated value of payments for
Plant and Facilities to directly reflect the following:
a. All Contract Schedule Key Dates of Book III, Part 5, Bid Forms &
Schedules, Schedule 4 [Contract Schedule Key Dates] which shall be
clearly identified and properly satisfied; and
b. All Contract payments specified in Book I, Part 3, Special Conditions of
Contract, Clause 2 [Terms of Payment] which shall be clearly identified

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Book I
Part 1 Instructions To Bidders

with respect to the value of each payment, the date of each payment and
where applicable, a brief description of the goods in each shipment or the
portion of works having been erected and/or commissioned.

9.12. In principle, Bidder shall submit its Bid Proposal in accordance to the
requirement of Bid Document. In addition to its Bid Proposal, Bidder may
submit an alternative proposal for FSRU and Mooring System, provided that
such alternative proposal shall fulfil the technical requirement and evidences
pursuant to the requirement stated in Bid Document. Shall the alternative
proposal from Successful Bidder is approved by Owner, therefore the
alternative proposal shall be binding as part of Contract Document. Bidder
wish to submit the alternative proposal shall provide its offer together with
Stage I – Technical and Administration Proposal Submission Date. Any
deviations proposed by the Bidder which will directly affect the values of
applications for Contract payments shall be submitted in Book III, Part 5, Bid
Forms & Schedules, Schedule 3.2 [Deviation from and Exceptions to Bid
Document]. Major deviation shall be subject to rejection such:
a. Lacking scope of supply, in particular for equipment of Main Equipment
stipulated in Book II-A, Part 4, Technical Requirements, Section 2
[General Technical Requirements], Sub Section 2.7 [Quality
Assurance/Quality Control];
b. Non-compliance with the specifications required in Bid Document for
major or Main Equipment as well as Level 1 equipment.

9.13. The Bidder shall submit a list of Tools & Test Equipment and Recommended
Spare Parts separately for each unit price that reflect the Bidder’s experience
in the operation and maintenance of the type of equipment offered, as specified
in Book II-A, Part 4, Technical Requirements, Section 2 [General Technical
Requirements], Sub Section 2.11 [Spare Parts, Tools, Test Equipment and
Consumables].

9.14. Bidder shall submit with his Bid Proposal his quality assurance/quality control
documentation to Comply with the requirements of Book II-A, Part 4, Technical
Requirements, Section 2 [General Technical Requirements], Sub Section 2.7
[Quality Assurance/ Quality Control (QA/QC)].

9.15. The Bidder shall submit his Bid Proposal with the formula, charts, and
documents in accordance with the requirements of Book II-A, Part 4, Technical
Requirements, Section 2 [General Technical Requirements], Sub Section 2.2
[Data and Drawing Submission].

9.16. The Bidder shall be responsible for ensuring that any sub-contractor proposed
in the Bid Proposal complies with the requirements of Bid Document.

9.17. The Owner reserves the right to delete any proposed sub-contractor from the
list prior to award of Contract, and after discussion between the Owner and

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Book I
Part 1 Instructions To Bidders

the Bidder, the completed list of the approved sub-contractors for each item
shall be part of the Contract.

9.18. The Bid Proposal shall be complied to this Bid Document requirement. If
Bidder’s Bid Proposal not fulfill to the requirement stated therein, Owner
reserves the right to reject all or any Bid Proposal.

10. BID PRICES

10.1. Responsive Bidders shall complete Book III, Part 5, Bid Forms & Schedules,
Schedule 1 [Summary Price Schedule] on the basis of lump sum price except
for piling, be on the basis of unit price. For evaluation purposes, the quantity
of pile shall be calculated based on the Bill of Quantity provided in Book III,
Part 5, Bid Forms & Schedules, Schedule 1.2 [Detailed Price Schedule LNG
Land Base and FSRU]. Whereas the actual cost of pile will be paid based on
the actual installed pile.

10.1.1 Actual installed pile means the length of embedded pile from end of bottom
pile (pile tip) up to bottom elevation of pile cap. The cost of pile consists of
delivery pile material, installation, pile load test, and all of work related to the
piling work as stated in Book III, Part 5, Bid Forms & Schedules, Schedule 1.2
[Detailed Price Schedule LNG Land Base and FSRU]. If a change in type
and/or diameter of pile should be required, and/or pre-boring or water jet
needed, unit prices can be applied as in Book III, Part 5, Bid Forms &
Schedules, Schedule 1.8 [Unit Adjusting Prices]. These adjusted unit prices,
as all changes, will be subject to approval by the Owner.

10.1.2 A Responsive Bidder’s Commercial Proposal with Bid Price on any other basis
may result in disqualification of the Bid Proposal.

10.1.3 The prices in Book III, Part 5, Bid Forms & Schedules, Schedules 1 [Summary
Price Schedule], shall truly represent the full scope of Works.

10.2 The Bidder’s attention is specifically drawn to the completion of Book III, Part
5, Bid Forms & Schedules, Schedule 1 [Summary Price Schedule], for the total
scope of Works.

10.2.1 Prices for the Plant shall be inclusive of all common service and equipment
necessary to ensure safe, reliable operation of the Plant.

10.2.2 The prices submitted by the Bidder in Schedule 1 and the Form of Bid Letter
shall include without limitation for all the Works to be performed and shall
include the cost of accommodation, transporting all his construction
equipment’s, men, materials and supplies to, from and at Sites.

10.2.3 The prices quoted will be deemed to include all direct, indirect and ancillary
charges and costs properly incurred by the Bidder in the execution of the
Works. The Owner will be under no obligation to the Bidder for and will not be

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Book I
Part 1 Instructions To Bidders

liable to pay to the Bidder any additional sums other than as expressly
provided for under the Contract.

10.3 The Owner reserves the option to make his own arrangements for insurance.
The Bidder shall, however, complete Book III, Part 5, Bid Forms & Schedules,
Schedule 1 [Summary Price Schedule], with prices for providing the insurance
requirements of the Bid Document should the Owner not exercise his option
in this respect.

10.4 The O&M Fees and Prices shall be based on availability factor of ninety
percent (90%) with the O&M Fees and Prices value submitted by Bidder for
evaluation purposes. The value of O&M shall refer to Book V, Section 3, O&M
Forms and Schedules, Schedule 1 [O&M Fees and Prices Schedule]. Total
O&M Bid Price shall include all fees and costs that need to be paid as specified
in Bid Document.

10.5 The Bid Price for the Works shall include all taxes, fees, import duties, customs
charges, and cost of permits, and licenses, except for VAT, and PPh as are
specified in Book I, Part 3, Special Conditions of Contract, Clause 8 [Taxes,
Permits and Licenses].

10.6 The prices quoted in Book III, Part 5, Bid Forms & Schedules, Schedule 1
[Summary Price Schedule], shall be fully inclusive of all charges covering but
not limited to off-loading, transportation, insurance and handling of Plant and
Facilities, equipment and materials onto the allocated Site storage area.

10.7 The Responsive Bidder will be deemed to have satisfied himself before
bidding as to the correctness and sufficiency of his Bid Proposal for the Project
and of the prices stated in Book III, Part 5, Bid Forms & Schedules, Schedules
1 Summary Price Schedule], which prices shall, except in so far as it is
otherwise provided in the Contract, cover all his obligations under the Contract
and all matters and things necessary for the proper completion of the Project.

11. BID CURRENCIES

11.1. The Responsive Bidders shall indicate the bid prices in internationally freely
convertible currencies in United States Dollar (USD) and/or Euro (EUR),
except for the portion of price, which the Bidder expects to spend in Indonesia,
shall be quoted in Indonesian Rupiah (IDR).

11.2. The Contract Price will be paid in the currency or currencies in which the price
has been stated in the Bid Proposal.

12. DOCUMENT ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION

The Bidder shall provide evidence by completion of Book III, Part 5, Bid Forms
& Schedules, Schedule 5 [Qualification Profile] and Book V, Section 3, Forms
and Schedules to satisfy the Owner of his ability to perform the Work specified.

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Book I
Part 1 Instructions To Bidders

Such evidence shall be submitted with and shall be updated and shall
constitute a part of the Bid Proposal but shall be separately bound.

Book III, Part 5, Schedule 5 [Qualification Profile] shall be supplemented


wherever the Bidder considers it necessary by additional statements,
documents etc. The Bidder shall identify the actual designer (if any) or
manufacturers, or erectors, suppliers or sub-contractor of the Plant and
Facilities, or goods and all major portions of the Works. The relationship
between the Bidder and the designers, manufacturers, erectors, suppliers,
operator, and sub-contractors if not the same, shall be clearly stated and
evidence of such relationship and responsibility shall be submitted.

13. DOCUMENT ESTABLISHING GOODS’ ELIGIBILITY AND CONFORMITY TO


BIDDING DOCUMENTS

13.1. Pursuant to Book I, Part 1, Instructions to Bidders, Clause 9 [Bid Proposal],


the Bidder shall furnish, as parts of its Bid Proposal, documents establishing
the eligibility and conformity to the Bid Document of all goods and services,
which the Bidder proposes to supply under the Contract.

The documentary evidence of the goods and services eligibility shall consist
of a statement in the price schedule on the country of origin of the goods and
services offered which shall be confirmed by a certificate of origin issued at
the time of shipment.

13.2. The documentary evidence of the goods and services conformity to the Bid
Document may be in the form of literature, drawing and data, and shall furnish:

a. A detailed description of the goods essential technical and performance


characteristic.
b. A list shall be submitted by the Bidder giving full particulars, including
available sources and current prices, of all spare parts, special tools, etc.,
necessary for the proper and continuing operation of the Plant and
Facilities as specified in Book II-A, Part 4, Technical Requirements, Sub-
Section 2.11 [Spare Part, Tools, Test Equipment and Consumables], Book
III, Part 5, Bid Forms & Schedules, Schedule 1.4 [Mandatory Spare Parts
FSRU] and Book III, Part 5, Bid Forms & Schedules, Schedule 2.3
[Recommended Spare Parts].
c. A statement of major deviations from and exceptions to the provisions of the
Technical Specifications shall be provided in Book III, Part 5, Bid Forms &
Schedules, Schedule 3.2 [Deviations from and Exceptions to Bid
Document].

13.3. The Bidder shall note that standards for workmanship, material and
equipment, and references to brand names or catalogue numbers designated
by the Owner in its Technical Specifications are intended to be descriptive
only and not restrictive. The Bidder may substitute alternative standards,

P.1 - 17 BID DOC LNG PAPUA


Book I
Part 1 Instructions To Bidders

brand names and/or catalogue numbers in its Bid Proposal, provided that he
demonstrates to the Owner's satisfaction that the substitutions are
substantially equivalent or superior to those designated in the Technical
Specifications.

14. BID SECURITY

14.1. Each Bidder shall submit its Stage I - Technical and Administration Proposal
together with an irrevocable Bid Security in the form of a bank guarantee in
favor of the Owner and in the currencies stated in its Bid Proposal in an amount
of 6.000.000 USD (Six Million US Dollar). Submission of Bid Security by
electronic mail or facsimile is not acceptable.

14.2. In the event the Bidder fails to submit a valid Bid Security acceptable to the
Owner, together with its Stage I - Technical and Administration Proposal will
be subject to rejection. The Bid Security of a consortium must be in the name
of all the members in the consortium submitting the Bid.

14.3. Bid Security shall be issued by reputable Indonesian bank(s) (except Bank
Perkreditan Rakyat/BPR), a foreign bank which operates in Indonesia or by
Lembaga Pembiayaan Ekspor Indonesia that shall not in the Owner’s blacklist.
The form of the Bid Security shall be in accordance with the sample form of
Bid Security included in Book III, Part 5, Bid Forms & Schedules [Bid Form].

14.4. The Bid Security may be forfeited, if:


a. the Bidder withdraws its Bid Proposal during the period of Bid Proposal
Validity, or
b. the Bidder’s Bid Proposal contains any false statement or material
misrepresentation; or
c. In the case of the Successful Bidder, if it fails within the specified time limit
to:
(i) sign the Contract including being not in good faith in finalizing Contract
within forty-five (45) Days after award of the Letter of Intent, unless
extended by Owner;
(ii) fail to maintain the validity of Bid Security and/or Bid Proposal Validity
prior to one (1) Business Day before such Bid Security and/or Bid
Proposal Validity expiry date; or
(iii) furnish the required EPC Performance Security.

14.5. Unless otherwise agreed differently, and subject to the provisions of this Bid
Document, the Bid Security of:
a. Non-Responsive Bidder will be returned within seven (7) Business Days
upon announcement of Responsive Bidder;
b. Responsive Bidders which is not determined as Successful Bidder will be
returned within one hundred and eighty (180) Days subsequent to the date
of the Bid Security; and

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Book I
Part 1 Instructions To Bidders

c. Successful Bidder will be returned no later than seven (7) Business Days
after Owner has confirmed that the EPC Performance Security submitted
by the Successful Bidder is in accordance with the requirements of the
Contract.

14.6. If Successful Bidder fails or declined to extend its Bid Security and/or Bid
Proposal Validity until the signing date of Contract, of which such Successful
Bidder shall be deemed to have been withdrawn from the Bid process.

The Owner will not be bound to submit any evidence supporting his call for
payment under the terms of the Bid Security.

The Bid Security shall remain valid for:


a. At least thirty (30) Days after the expiration of the Bid Proposal Validity,
and
b. Such extended date as may be requested by the Owner, or
c. Until the EPC Performance Security is received from the Successful
Bidder, whichever occurs first.

15. PERIOD OF VALIDITY OF BIDS

15.1. Bid Proposal shall be irrevocable and remain valid for the period of one
hundred and eighty (180) Days since Technical and Administration Proposal
submission deadline date described in Clause 18 [Deadline for Submission of
Bids] herein (“Bid Proposal Validity”).

15.2. Prior to the expiration of the Bid Proposal Validity, the Owner may request in
writing notify the Bidder to extend the validity of their Bid Proposal. In such
event, any Bidder not agreeing to such extension must be made in writing
within seven (7) Business Days of receipt of such request and shall advise the
Owner by electronic mail or facsimile and confirmed by written letter prior to
the expiration of the original validity of the Bid Proposal.

16. FORMAT AND SIGNING OF BID

16.1. Technical and Administration Proposal (1st Stage)

Bidder must prepare in English (i) one (1) original in paper form, which shall
be marked “Original”; (ii) two (2) duplicate copies in paper form and one (1)
electronic copy in USB flash drive suitable for use on a standard personal
computer using Microsoft Windows (PDF format), which shall be marked
“Copy” and shall include a duplicate copy of every attachment to the original
Bid Proposal as appropriate in the number specified in Clause 9 [Bid Proposal]
at the time of submissions set forth herein. In the event of any discrepancy
between the original and the electronic copy of the Technical and
Administration Proposal, the original shall prevail. The original and electronic
copy shall be clearly marked on the cover as follows:

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Book I
Part 1 Instructions To Bidders

[Original/Electronic Copy] of the Technical and Administration


Proposal
Development of LNG Infrastructures to be used for Gas Power
Plants in Sorong, Manokwari, Nabire, Jayapura and Biak
[BIDDER NAME]
USB flash drive 1 of 1

16.2. Commercial Proposal (2nd Stage)

Responsive Bidder must prepare in English (i) one (1) original in paper form,
which shall be marked “Original”; (ii) two (2) duplicate copies in paper form
and one (1) electronic copy in USB flash drive suitable for use on a standard
personal computer using Microsoft Windows (containing supporting Excel
data basing the Commercial Proposal), which shall be marked “Copy” and
shall include a duplicate copy of every attachment to the original Bid Proposal
as appropriate in the number specified in Clause 9 [Bid Proposal] at the time
of submissions set forth herein. In the event of any discrepancy between the
original and the electronic copy of the Commercial Proposal, the original
Commercial Proposal shall prevail. The original and electronic copy shall be
clearly marked on the cover as follows:

[Original/Electronic Copy] of the Commercial Proposal


Development of LNG Infrastructures to be used for Gas Power
Plants in Sorong, Manokwari, Nabire, Jayapura and Biak
[BIDDER NAME]
USB flash drive 1 of 1

16.3. The original and all copies of the Bid Proposal shall be typed or written in
indelible ink and shall be signed by the Authorized Representative. The latter
authorization shall be indicated by written Power of Attorney accompanying
the Bid Proposal.

All pages of the Bid Proposal, except for unlamented printed literature, shall
be initialed by Authorized Representative.

16.4. The Bid Proposal shall contain no interlineations, alterations, omissions,


additions erasures or overwriting except as necessary to correct errors made
by the Bidder, in which case the person or persons signing the Bid Proposal
shall initialed such corrections.

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Book I
Part 1 Instructions To Bidders

17. SEALING AND MARKING OF BIDS

17.1 Bid Proposal shall be submitted in sealed envelopes clearly labeled to show
the name of the Bidder and addressed to the Owner.

17.2 The envelope containing the Bid Proposal must indicate the name and
address of the Bidder’s Authorized Representative to enable the Bid Proposal
to be returned unopened in case it is declared late or is otherwise
unacceptable.
a. The sealed outer for Bid Proposal Stage-I must contain one (1) sealed
inner envelope containing Technical and Administration Proposal,
including one (1) Bid Security.
b. The sealed outer for Bid Proposal Stage-II must contain one (1) sealed
inner envelope containing Commercial Proposal.
c. The outer of each Technical and Administration Proposal and
Commercial Proposal must be sealed with the signature of the
Authorized Representative of the Bidder across the seal. If the Bid
Proposal is not sealed and marked as specified below, the Owner may
reject it as non-conforming and shall assume no responsibility for its
misplacement or premature opening.

Failure to seal the Bid Proposal in the manner stipulated in this Bid Document
may cause the Bid Proposal to be rejected immediately

17.2.1 The outer envelope for Stage-I containing the Technical and Administration
Proposal must bear the following words, in bold letters:
[Insert Name of Addressee and Address of Owner]
“DO NOT OPEN UNTIL: 14.00 HOURS, [Insert Technical and
Administration proposal Submission Date]”

“DEVELOPMENT OF LNG INFRASTRUCTURES TO BE USED FOR GAS


POWER PLANTS IN SORONG, MANOKWARI, NABIRE, JAYAPURA
AND BIAK”
“TECHNICAL AND ADMINISTRATION PROPOSAL SUBMITTED BY:
[Insert Name of Bidder]”

17.2.2 The outer envelope for Stage-II containing the Commercial Proposal must
bear the following words, in bold letters:
[Insert Name of Addressee and Address of Owner]
“DO NOT OPEN UNTIL: 14.00 HOURS, [Insert Commercial Proposal
Submission Date]”

“DEVELOPMENT OF LNG INFRASTRUCTURES TO BE USED FOR GAS


POWER PLANTS IN SORONG, MANOKWARI, NABIRE, JAYAPURA
AND BIAK”
“COMMERCIAL PROPOSAL SUBMITTED BY: [Insert Name OF Bidder]”

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Book I
Part 1 Instructions To Bidders

18. DEADLINE FOR SUBMISSION OF BIDS

18.1. Initially, Stage I - Technical and Administration Proposal shall be submitted


at or before the Technical and Administration Proposal submission date
pursuant to Book I, Part 1, Instructions to Bidders, Sub Clause 1.6 and be
addressed to and submitted by courier or hand- delivered to the following
address:
To : PT PLN (Persero) Head Office, Building One, 5th Floor
Jl. Trunojoyo Blok M I/135 Kebayoran Baru, Jakarta Selatan
12160 – Indonesia
For Attention : c/o. Procurement Officer for Development of LNG
Infrastructures to be used for Gas Power Plants in Sorong,
Manokwari, Nabire, Jayapura and Biak
Phone : +62-21-725 1234
Fax : +62-21-722 7060

Submission shall be by hand on the latest date at 14.00 WIST. The Technical
and Administration Proposal shall be opened publicly at 14.15 WIST on the
above date in the office of the Owner as specified above.

18.2. The Owner will invite to submit the Commercial Proposal only for the
Responsive Bidder whose Technical and Administration Proposal is
considered substantially responsive to the Owner’s requirement. The
Commercial Proposal must be received at the address at no later than the
date and time to be advised by Owner (Bid Closing Date).

18.3. The address, the closing date, and closing time for the submission of
Commercial Proposal shall be advised in writing by the Owner, after review
and evaluation of the Technical and Administration Proposal at the Stage-I
has been completed.

19. LATE BIDS

Bidder have the responsibility to deliver their Bid Proposal on or before the
due date and time of each stage Bid Proposal submission date. Any Bid
Proposal received thereafter shall be rejected even if late receipt was due to
any factor beyond Bidder’s control.

20. MODIFICATION AND WITHDRAWAL OF BIDS

20.1. No alteration shall be made in any form to the Bid Proposal, or to any
document attached thereto. If any alteration is made, except as provided in
Book I, Part 1, Instructions to Bidders, Clause 21 [Opening of Bids by the
Owner], the Bid Proposal concerned may not be considered.

20.2. The Bidder shall not be permitted to withdraw, alter or resubmit his Bid
Proposal after the submission time. Withdrawal of the Bid Proposal during this

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Book I
Part 1 Instructions To Bidders

interval may result in the Bidder’s forfeiture of its Bid Security. The Owner may
ask any Bidder for clarifications, but any change suggested by the Bidder to
the substance of his original Bid Proposal will not be accepted.

21. OPENING OF BIDS BY THE OWNER

Technical and Administration Proposal (Stage I)


21.1. At Stage I - Technical and Administration Proposal, the Owner shall open the
Technical and Administration Proposal in the presence of the Bidder’s
Authorized Representatives who choose to attend, at the time and address
stated in Book 1, Part 1, Instructions to Bidders, Sub Clause 18.1.

The Bidder’s Authorized Representatives who are present shall sign a register
as evidence of their attendance.

21.2. The Bidder’s names, bid withdrawals and the presences or absence of the
requisite Bid Security and such other details as the Owner, at his discretion,
may consider appropriate will be announced at the Technical and
Administration Proposal opening.

21.3. Only Technical and Administration Proposal read out and recorded at
Technical and Administration Proposal opening shall be considered for
evaluation. No Bid Proposal shall be rejected at the opening of Technical and
Administration Proposal except for late bid, in accordance with Book I, Part 1,
Instructions to Bidders, Clause 19 [Late Bids].

The Owner will prepare minutes of the Technical and Administration Proposal
opening, and the Bidder's Authorized Representatives will be required to sign
this record.

21.4. The Owner shall notify Bidder in writing who have been rejected on the
grounds of being substantially non-responsive to the requirements of the Bid
Document for Technical and Administration Proposal (“Non Responsive
Bidder”).

The Owner shall notify, in writing or by fax, and request the Responsive Bidder
to submit their Commercial Proposal (Stage II).

Commercial Proposal (Stage II)

21.5. The Owner shall conduct Bid Proposal opening for Stage II - Commercial
Proposal at the time and location to be advised in writing or by fax by the
Owner. The Owner shall open the Commercial Proposal of all Responsive
Bidder in the presence of the Responsive Bidder's Authorized
Representatives who choose to attend at the time and date to be notified by
the Owner later.

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Book I
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21.6. The Owner will notify Responsive Bidder by electronic mail or facsimile and
conform by written letter who have been rejected on the ground being
substantially non responsive to the requirements of the Bid Document for
Commercial Proposal.

21.7. The Responsive Bidder representatives who are present shall sign a register
evidencing their attendance. The Responsive Bidder’s names, Bid Price, Bid
Proposal withdrawals and any other information the Owner deems appropriate
will be announced and recorded at the opening of Commercial Proposal.

The Owner will prepare minutes of the Commercial Proposal opening, and the
Responsive Bidder's Authorized Representatives will be required to sign this
record.

22. CLARIFICATION OF BIDS

22.1. For the sake of the Owner, the Owner reserves the right to seek additional
information and to reject any Bid Proposal which does not in his opinion, fully
demonstrated the qualification of the Bidder / designers / manufacturers /
erectors to execute the Works satisfactorily.

22.2. The Owner reserves the right to clarify any submissions during the evaluation
of the Bid Proposal, which in his opinion, do not truly reflect any of the above
provisions.

22.3. The Owner reserves the right to request any Bidder to submit to the Owner
any and all such additional information, documents or materials as the Owner
shall reasonably require for the purpose of the evaluation of that Bid Proposal.

22.4. The clarification will be conducted by written letter, electronic mail (e-mail),
that is followed by hard copy or facsimile and may be conducted by
clarification meeting.

22.5. The Owner will issue a Memorandum titled "Changes Required Pursuant to
Bid Evaluation," documenting the clarification made in writing and/or in a
meeting, if any, and including an Annex listing all decisions, and required
amendments or changes resulting from the clarification of the Bid Proposal.

23. EXAMINATION, EVALUATION AND COMPARISON OF BID

23.1. Process to be Confidential

Information relating to the examination, clarification, evaluation and


comparison of Bid Proposal shall not be disclosed to Bidder or any other
persons not officially concerned with such process until the award to the
Successful Bidder has been announced. Any effort by a Bidder to influence
the Owner's processing of Bid Proposal or Owner's decisions may result in
the rejection of the Bidder's Bid Proposal.

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Book I
Part 1 Instructions To Bidders

Stage I

23.2. The Technical and Administration Proposal shall be evaluated on the basis of
the following procedure:
a. Preliminary examination of the Technical and Administration Proposal;
b. Evaluation of the Bidder and Equipment Qualification; and
c. Evaluation and comparison of Technical and Administration Proposal.

23.3. Preliminary examination will be done by the Owner to determine the


completeness, compliance and responsiveness to the requirements of the Bid
Document.

23.4. Responsive Technical and Administration Proposal shall be considered to be


those fully completed and Complying with the Bid Document in all major
respects. A Technical and Administration Proposal determined as not
substantially responsive shall be rejected by the Owner and may not
subsequently be made responsive by the Bidder by correction of the
non-conformity.

If required, Owner will conduct clarification to Bidder to obtain detail and clear
information related to Bid Proposal.

23.5. Evaluation of the Bidder and Equipment Qualifications shall be made based
on the following criteria.
a. Providing complete documents and information in the Technical and
Administration Proposal as requested in the Bid Document;
b. Meeting all the minimum requirements as per:
(i) Book I, Part 1, Instructions to Bidders, Clause 1 [Invitation];
(ii) Book I, Part 1, Instructions to Bidders, Clause 8 [Equipment’s
Qualifications] above;

A Technical and Administration Proposal determined as not responsive to the


above qualification requirements shall be rejected. Any Technical and
Administration Proposal fails at the evaluation of the Bidder and Equipment
Qualification shall not be processed with the further detailed technical
evaluation and shall be returned to the respective Bidder.

23.6. The Owner then will carry out a detailed technical and administration
evaluation and compare the Technical and Administration Proposal previously
determined to be substantially responsive pursuant to Book I, Part 1,
Instructions to Bidders, Sub Clause 23.2 above.

Technical evaluation will be based on the following criteria:


a. Completeness and eligibility of Bid Proposal;
b. Compliance with Bid Document;
c. Deviations from the specified technical requirements;

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Book I
Part 1 Instructions To Bidders

d. Suitability of the proposed Works for the purposes intended regarding:


(i) Technical configuration;
(ii) Achievement of specified performance criteria by the facilities;
(iii) Adequacy of technical performance of the Main Equipment;
(iv) Function and operation of the process control concept offered;
(v) Operational range and flexibility in operation;
(vi) Implementation schedule: compliance with key dates of Bid
Document;
(vii) Quality of offered equipment;
(viii) Reference EPC, Shipyard (Shipbuilding Company), and Equipment
Manufacturer Project List: Compliance with the requirement of the
Project and demonstration of the capability of the Bidder to carry out
the similar project;
(ix) LNG Storage, LNG Pump, BOG Compressor, LNG Vaporizer,
FSRU and other main equipment manufacturers' supporting letter
as set forth herein;
(x) Adequacy of the Bidder’s qualifications and capability to perform
required O&M Works; and
(xi) Suitability of the facilities offered in relation to the environmental and
climate conditions prevailing at the Site.
e. Type, quantity and long-term availability of spare parts and maintenance
services; and beyond the five (5) year O&M Period included in the scope
of Works herein.

23.7. The Owner will also take into consideration whether the technical experience,
organization, facilities and financial resources of the Bidder together with his
designers, manufacturers, and subcontractors will assure the successful
execution of the Works within the time specified. The objective of the Owner
is to determine that each Bidder is able to satisfy the qualification
requirements. The Owner, at his own discretion, reserves the right to reject
any Bidder who does not conform to these requirements.

23.8. A Technical and Administration Proposal determined as not responsive to the


Bid Document requirement shall be rejected.

Stage II

23.9. Clarification of Commercial Proposal and Contacting the Owner.

23.9.1. To assist in the examination, evaluation and comparison of Commercial


Proposal, the Owner may, at its discretion, ask any Responsive Bidder for
clarification of its Commercial Proposal. The request for clarification and the
response shall be in written letter, electronic mail or facsimile and may be
conducted by clarification meeting, but no change in the price or substance of
the Commercial Proposal shall be sought, offered or permitted. Except as
required to confirm the correction of arithmetic errors discovered by the Owner
in the evaluation of the Bid Proposal in accordance with Book I, Part 1,

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Book I
Part 1 Instructions To Bidders

Instructions to Bidders, Sub Clause 23.10 [Examination of Commercial


Proposal and Determination of Competitiveness].

23.9.2. Subject to Book I, Part 1, Instructions to Bidders, Sub Clause 23.9.1 above,
no Responsive Bidder shall contact the Owner on any matter relating to its
Commercial Proposal from the time of the Commercial Proposal opening to
the time the Contract is awarded otherwise their Bid Proposal may be subject
to rejection. If the Responsive Bidder wishes to bring additional information to
the notice of the Owner, it should do so in writing. Except as required to confirm
the correction of arithmetic errors discovered by the Owner in the evaluation
of the Bid Proposal in accordance with Book I, Part 1, Instructions to Bidders,
Sub Clause 23.10 [Examination of Commercial Proposal and Determination of
Competitiveness] herein.

23.10. Examination of Commercial Proposal and Determination of Competitiveness

23.10.1. The Owner will examine the Commercial Proposal to determine whether they
are complete, whether the documents have been properly signed, whether the
Commercial Proposal are substantially responsive to the requirements of the
Bid Document, and whether the Commercial Proposal provide any clarification
and/or substantiation that the Owner may require pursuant to Book I, Part 1,
Instructions to Bidders, Sub Clause 23.9 [Clarification of Commercial Proposal
and Contacting the Owner].

The Commercial Proposal will be evaluated based on the followings:

23.10.2. The Commercial Proposal for evaluation exclude VAT in Book III, Part 1,
Schedule 1 [Base Prices].

23.10.3. For the purpose of comparison of the Commercial Proposal, the currency or
currencies in which the Commercial Proposal has been stated will be
converted into US$. The rates of exchange to be used in such conversion will
be those mid rates published by Bank Indonesia (BI) (JISDOR) applicable to
similar transactions of the Bid Closing Date.

23.10.4. Arithmetical errors will be rectified on the following basis,

If there is a discrepancy between the words and figures, the amount in words
will prevail.

If there is discrepancy between Bid amount on the Bid letter and the sum of
total cost per item, the Bid amount on the Bid letter signed on shall prevail and
the detail of Bid will be corrected.

On unit price of pilling works portion, if there is discrepancy between Bid


amount on the Bid letter and the item cost, the Bid amount on the Bid letter
shall prevail and the item cost will be corrected.

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Book I
Part 1 Instructions To Bidders

Adjustment will be made to the Commercial Proposal relating to deviations


form and exceptions to the Bid Document as submitted by the Bidder in
accordance with the requirements of Book III, Part 5, Bid Forms & Schedules,
Schedule 3.2 [Deviations from and Exceptions to Bid Document].

23.10.5. The Commercial Proposal will be evaluated by calculation of the Levelized


LNG Cost (USD/MMBTU) using the Net Present Value (NPV) method through
the following calculation:

a. The evaluated investment cost on NPV basis will be determined on the


basis of the total Bid Price added by adjustment due to commercial and
technical deviation. The adjustment due to the technical deviation will be
determined by utilizing the unit prices available in the Bidder’s
breakdown of price schedule, proposed by Bidder as stated at Schedule
3.2 with price or utilizing Owner’s estimate from other similar project, in
case the said unit price is not available in the Bid Proposal.
b. Operation and Maintenance cost based on Bidder’s offer for Book V,
Schedule 1 [O&M Fees and Prices]. For evaluation purpose, the fees
and prices will exclude VAT, also considering Bidder’s proposal as the
following:
c. The Levelized LNG Cost will be calculated at:

1. Economic life time : twenty five (25) years


2. O&M contract : five (5) years
service
3. Fuel price
• LNG fuel cost : Base on REP at opening date 2nd
stage (11,2% x REP +
0.7USD/MMBTU)
• HSD fuel cost : 6,246 IDR/Liter
4. Fuel parameter
• Gas fuel : Gross Heating Value = 1,010
• HSD fuel BTU/SCF
: Heating Value = 41,984.83
BTU/Kg Density = 0.8425
5. Annual Availability Kg/Liter
90%
Factor
6. Technical parameter : as guaranteed in Schedule 6 Plant
Performance Guarantees at Book III,
Part 5 and at Book V, Section 3
7. Discount Factor : 12 percent (%)
8. O&M Cost Gas Fuel : (based on Bidder’s offer for Book
Operation V, Schedule 1 O&M Fees and
Prices)

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Book I
Part 1 Instructions To Bidders

The Bidder shall input Operation & Maintenance Cost (Fixed and
Variable) with the following requirement:
a. Operation and Maintenance for five (5) years using condition
base as specified in item c.5 [Fuel Operation Period], price base
shall be as specified in Book V, Section 3, O&M Forms and
Schedules, Schedule 1 [O&M Summary Fees and Prices
Schedule] and O&M Structure Organization as specified in Book
V, Section 3, O&M Forms and Schedules, Schedule 3.1 [O&M
Organization Structure];
b. Submit supporting letter from OEM for 25 years unit operation;
c. Considering 25 years Plant and Facilities life time;

d. Formula for calculating LNG cost

(𝑙𝑡 + 𝑀𝑡 + 𝐹𝑡 )
∑𝑛𝑡 = 1
(1 + 𝑟)𝑡
𝐸𝑡
∑𝑛𝑡 = 1
(1 + 𝑟)𝑡
Whereas,
• It : Capital expenditures in year t (including financing)
• Mt : Operation & maintenance expenditures in year t
• Ft : Fuel expenditures in year t
• Et : Gas send out in year t
• r : Discount rate
• n : Life time of LNG Land Base and FSRU

23.10.6. In case the Responsive Bidder has the willingness to reduce the total Bid Price
prior to submission of Commercial Proposal, the relevant Responsive Bidder
may submit separate letter stating the reduction of the total Bid Price and to
be included in the Commercial Proposal. Such deduction of the Bid Price shall
be deemed to reduce all components of the Bid Price proportionally if there is
no specification of the discount on the specific item.

24. N/A

25. CONTACTING THE OWNER

No Bidder shall contact the Owner on any matter relating to its Bid from the
time of Technical and Administration Proposal opening to the time the
Contract is awarded, otherwise their Bid Proposal may be subject to rejection.

26. AWARD CRITERIA

Subject to Book I, Part 1, Instructions to Bidders, Clause 27 [Owner’s Right to

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Book I
Part 1 Instructions To Bidders

Accept Any Bid and to Reject Any or All Bids], the Owner will award the
Contract to the Successful Bidder whose proposal has been determined to be
substantially responsive to the Bid Document and who has offered the lowest
Levelized LNG Cost. Provided that such Successful Bidder has been
determined to be (i) eligible in accordance with the provisions of Book I, Part
1, Instructions to Bidders, Clause 1 [Invitation]; and (ii) qualified in accordance
with Book I, Part 1, Instructions to Bidders, Clause 8 [Equipment’s
Qualifications].

27. OWNER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

27.1. The Owner reserves the right to waive at his sole discretion minor irregularities
and informalities in any Bid Proposal which is submitted, reject any or all Bid
Proposal and award a Contract which in his sole judgment is the lowest
evaluated Bid Proposal.

27.2. The Owner will not be bound to accept the Bid Proposal indicating the lowest
Bid Price but will take into account all evaluating factors specified in Book I,
Part 1, Instructions to Bidders, Clause 23 [Examination, Evaluation and
Comparison of Bid] herein.

27.3. N/A.

27.4. The Owner reserves the right to cancel the bidding process at any time, if in
its reasonable judgment, the Bidder is in breach of any of the representations,
warranties, or undertakings set forth in this Bid Document. The cancellation is
effective immediately. The Owner shall not be liable for any such action nor be
under any obligation arising out of the cancelation of the bidding process and
rejection all or any Bid Proposal.

27.5. The Owner reserves the right to reject any Bid Proposal and to annul the
Bidding Process and/or reject all Bid Proposal at any time prior to signing a
contract without thereby incurring any liability to any Bidder and without being
required to give any reason therefor. Owner reserves the right to waive any
irregularity in the Bid Proposal received for whatever reason Owner deems
appropriate.

28. NOTIFICATION OF AWARD

28.1. Prior to expiration of the period of Bid Proposal Validity prescribed, the Owner
shall notify the Successful Bidder by electronic mail, or facsimile, confirmed by
written letter, that its Bid Proposal has been accepted. This letter (hereinafter
and in the Contract called the "Letter of Intent") shall name the sum which
the Owner will pay the Successful Bidder in consideration of the execution,
completion and maintenance of the Works as prescribed by the Contract
(hereinafter as the "Contract Price").

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Book I
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The notification of award shall constitute the formation of the Contract.

28.2. The Successful Bidder shall, when called upon to do so, enter into and execute
a Contract Agreement in the form specified in Book III, Part 5, Bid Forms &
Schedules, Form 5.8 [Contract Agreement] with such modifications as may be
necessary.

28.3. The Successful Bidder shall submit an appropriate Power of Attorney, the
execution of which by the grantor thereof shall be notarized by a Public Notary,
or other evidence satisfactory to the Owner evidencing the authority of the
persons authorized to sign the Contract.
28.4. It is the Owner's intention to negotiate a Contract and it will be a condition of
the Letter of Intent to negotiate with the Successful Bidder. If during the
negotiation the Successful Bidder does not perform responsively then the
Owner has the right to call the Second-Ranked Bidder as the new Successful
Bidder.

29. SIGNING OF CONTRACT

29.1. Three (3) original copies of the Contract Agreement will be prepared by the
Owner for signing. The signing of the Contract Agreement by the Owner and
the Successful Bidder will be in Jakarta, Indonesia. On conclusion of Contract
negotiation, the Successful Bidder shall provide the engineering data and
other documents required for incorporation into the Contract Document. These
shall be delivered to the Owner no later than fourteen (14) Days prior to the
date established for Contract signing to enable copies to be bound into the
three (3) original copies of the Contract Document.

29.2. After signing of the Contract Agreement, one (1) original copies shall be issued
to the Successful Bidder. The Successful Bidder shall prepare fifteen (15)
copies (hard and soft files) of the conformed Contract Document for the Owner
within fourteen (14) Days.

The Effective Date of Contract or the date when the contract come into force
shall be when the following pre-conditions are fulfilled:
a. EPC Performance Security has been received and satisfy the Owner; and
b. Signing of Contract; and
c. Owner’s Confirmation of all Sites is Handed-over for construction.

29.3. The price adjustment will not be conducted after the Effective Date of Contract.

29.4. In the event of this Contract is not approved by the requisite authorities within
the Republic of Indonesia or by the funding authorities (if applicable), the
Contract shall be null and void and the Owner shall not be liable for any cost
arising there from.

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Book I
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30. PERFORMANCE SECURITY

30.1. The Successful Bidder shall provide Performance Security in accordance with
the requirement of Book I, Part 2, General Conditions of Contract, Clause 9
[Performance Security].

Failure of the Successful Bidder to Comply with the requirements of Book I,


Part 1, Instructions to Bidders, Clause 29 [Signing of Contract] and Book I,
Part 1, Instructions to Bidders, Clause 30 [Performance Security] herein, shall
be constitute sufficient grounds for the annulment of the award and forfeiture
of the Bid Security.

31. USE OF INDONESIAN MANUFACTURED GOODS AND SERVICES / LOCAL


CONTENT

31.1. The Bidder will be encouraged to use Indonesian manufactured goods and
services or local content and shall provide information on the proposed
domestic participation in Works and Comply for local content regulation in
Indonesia. The Bidder (if applicable) shall Comply to the Minister of Industry
of the Republic of Indonesia Regulation No. 02/M-IND/PER/I/2014 on
Guidelines on the Increase of Use of Local Products in Procurement of
Government Goods/Services by the Government (“Local Content
Regulation”) or any Indonesian prevailing regulation for local content.

The Bidder is required to make statement in compliance with Local Content


Regulation, and shall be stated on Book III, Part 5, Bid Forms & Schedules,
Schedule 3.10 [Indonesian Manufactures Goods].

31.2. The Bidder shall indicate the detail scope of works and the reasonable value
of each good and service in the above-mentioned list.

31.3. The Bidder is required to use equipment, tools, materials and products as
referred in other equipment for mooring system, sub-sea pipeline, lighting,
grounding and lightning protection on ORF, civil and structural works to be
manufactured in Indonesia, provided that such items shall conform to the
corresponding specification requirements.

32. VESSEL REGISTRY

32.1 The Bidder shall register the FSRU Vessel under the flag of Indonesia in the name
of the Owner prior commissioning of the FSRU vessel. The FSRU vessel should
be registered under the Indonesian flag and classed according to PT Biro
Klasifikasi Indonesia (Persero) (BKI) or foreign classification body which is an
IACS member and obtain approval from Directorate General of Sea Transportation
pursuant to Minister of Transportation Regulation Number PM 61 Year 2014
regarding Classification Obligations for Indonesian Flagged Ship in Classification
Body.

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Book I
Part 1 Instructions To Bidders

(Last page of Part 1)

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