TENDER DIAMMONIUM PHOSPHATE (DAP) PT PUPUK KUJANG

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1 Page : 1 dari 7 (TOR) PT PUPUK KUJANG LOCATION : CIKAMPEK-KARAWANG, INDONESIA 0 TENDER DAP REV. DESCRIPTION DATE PT PUPUK KUJANG APPROVED BY 1

2 Page : 2 dari 7 (TOR) PT PUPUK KUJANG CHAPTER I GENERAL REQUIREMENT ARTICLE-1 DEFINITION 1. Aanwijzing is a meeting to give the instructions and explanations related to the terms and conditions in this TOR. 2. The Owner is PT Pupuk Kujang. 3. The Committee Tender is Persons who authorized dan assigned by PT. Pupuk Kujang to doing the tender. 4. The Participant is Producent or the Distributor or Agent who engaged in supplies chemicals are invited to participate in this tender. 5. The Suppliers is Participant who win the Tender for Diammonium Phosphate (DAP). 6. The Winner is Participant who get the highest cumulative index on technical evaluation and commercial evaluation in e-auction. ARTICLE-2 SCOPE OF WORK 1. Suppliers must provide the DAP with condition on Attachment A. 2. Suppliers must follow the specification of DAP on Attachment B. Furthermore, in this TOR the Scope of Work is referred to as "work". ARTICLE-3 INSTRUCTIONS AND EXPLANATIONS 1. For this tender will be held an Aanwijzing to clarify things that are not clear from the TOR to add and/or reduce and/or amend the content in TOR. And to give an explanation of the tender regulation. 2. The Aanwijzing will be held on April 13th, 2018, AM (local time). At PT. Pupuk Kujang Head Office Jalan Jenderal Ahmad Yani No. 39 Cikampek, Karawang, Jawa Barat, Indonesia (will be confirmed if any change). Minutes of aanwijzing is approved and signed by participant and committee tender. 2

3 Page : 3 dari 7 3. Aanwijzing presented by committee tender and participants. 4. Points of aanwijzing will be write down on minutes of aanwijzing and approved (sign) by participant (minimum 2 participants) and committee tender. 5. The Minutes of aanwijzing is inseparated part of the TOR and bind all participants. 6. From aanwijzing until bidopen (auction) all participants forbidden to do communicate with committee tender to keep the Good Corporate Governance rule. 7. The participant who was not follow the aanwijzing process should agree with the TOR and minutes of Aanwijzing. But all participant must be present on auction process. ARTICLE 4 TERM AND CONDITION OF BIDDING 1. The query submitted in two envelope : a. Technical quotation : - Contain of Certificate of Analisys (CoA), Material Safety Data Sheet (MSDS), Information of HS Number, Supporting Letter from Manufactures and Certificate of Origin from Manufactures. - Administration document : Company profile, finance report, NPWP (not mandatory), experience list ect. Note Administration document not necessary if the company have been registered on PT. Pupuk Kujang b. Commercial quotation : Contain of Offering Letter (unit price and total price), sign by president director or who representing and have authority. Unit Price will be tendered (initial price on auction) 2. The Total Price for bidding is based on (incoterm) CIF on Tanjung Priok Jakarta, using USD kurs per Metric Ton. 3. The Technical quotation can be submitted directly on aanwijzing or by to pgdbahanbaku@gmail.com (before aanwijzing). 4. Committee tender can do a clarification about the technical document to all participant if there is necessary. 5. The evaluation on technical document is the right of committee tender and inviolable. ARTICLE- 5 E-AUCTION 1. E-Auction only follow by the participant who pass on technical evaluation. 2. The price on e-auction is unit price (USD/MT) incoterm CIF Tanjung Priok, based on commercial quotation used for initial price on e-auction process. 3. The lowest price on e-auction will be used on Contract / Sales Agreement (with Negotiation if necessary). 3

4 Page : 4 dari 7 4. The procedure of e-auction will be explained on Aaanwijzing and will be simulation of e- auction. 5. The person who submitted price on e-auction must be president director or who representing and have authority to input and decrease price of offering. 6. Minutes of e-auction is approved and signed by participant and committee tender. ARTICLE-6 WINNER OF THE TENDER 1. The winner will be state based on the lowest price on e-auction. 2. If the winner cancel the offering / step back from the tender, the committe of tender have a right to : a. Do negotiation with the second winner on e-auction result and so forward. b. If the negotiation fail will be held re-tender. c. Suspend the winner who cancelled they offer. 3. The decision of the Committee tender is final and can not be contested. 4. The purchasing DAP will be pour into Contract or Sales Aggrement ARTICLE-7 DELIVERY OF GOODS 1. Incoterm CIF on Destination Tanjung Priok Port Jakarta, Indonesia. 2. Term of payment by Irrevocable Letter of Credit ( L/C ) payable at sight, payable against presentation of the following partial documents : a. Signed commercial invoice in 3 original and 3 copies; b. Full set of 3/3 original and 3 copies clean on board Bill of Lading; c. Signed Packing List in 3 original and 3 copies; d. Certificate of origin in 1 original and 3 copies, issued by the Seller or its supplier; e. Certificate of Quality and Quantity of DAP issued by an International Independent Surveyor; f. Beneficiary s fax to applicant advising full details of shipment including name of goods, quantity loaded, B/L number and date, vessel s name, invoice number and date, loading/discharging port and ETD/ETA vessel. g. 1 original and 1 copy Insurance Certificate. h. Beneficiary s certificate certifying that one full set of non-negotiable shipping documents has been sent to applicant by either fax or . i. Point a,b and c the following documents sent to buyer directly on 1/3 BL and 1 copies, 1 original Invoice, and 1 original packing list. 4

5 Page : 5 dari 7 3. The Winner shall bear all cost incurred due to the delay in delivery of the documents mentioned in article 7 no. 2. ARTICLE-8 TIME OF DELIVERY The delivery should be following The Owner (PT. Pupuk Kujang) schedule on attachment A. Note : the delivery can be re-arrange by confirmation from both side. ARTICLE-9 PENALTY OF DELAY 1. The Seller shall bear all cost (include the demmurage) incurred due to the delay in delivery of the shipping documents. 2. The owner can cancelled the contract / sales aggrement if the winner / supplier not performed on delivery, quality of the goods, ect. ARTICLE-10 FORCE MAJEURE 1. Neither Party shall be liable for any delay in performance or failure to perform at all of this Agreement, when such delay or failure is due to severe circumstances beyond the reasonable control of the Parties hereto. Such severe circumstances including but not limited to fires, explosion, flood, extreme weather, strikes, lockouts, sabotage, labor troubles or other industrial disturbances, war, civil disturbances including but not limited to riot or insurrections, partial or total embargo or boycott, blockades, acts of God, perils of the sea, Governmental regulations and orders, or any other causes of a similar of dissimilar nature. 2. The Party, whose performance may be impaired by the occurrence of any event of force majeure, shall promptly notify the other Party indicating the steps being taken to rectify the situation, its best estimate of the probable duration thereof and probable effect on delivery date or delivery schedule. 3. The buyer is aware that the Seller is not the manufacturer of the product and agrees that any force majeure affecting the manufacture shall be applicable to the Seller as well. 4. Each Party shall make every reasonable effort with all reasonable dispatch to overcome the force majeure event interfering with its performance under this Agreement. However, if any of force majeure events totally curtails delivery or acceptance of the DAP and the performance of this Agreement are suspended for more than 3 (three) consecutive months, each of the Parties may terminate a part or all of this Agreement on 90 (ninety) days prior written notice. 5

6 Page : 6 dari 7 ARTICLE-11 OTHER 1. The price of e-auction used 2 (two) decimal. 2. On contract who will be state as supplier is the winner of tender (there isi no QQ / Qualitate Qua condition). 3. On contract use Indonesia Laws and Arbitration used BANI (Badan Arbitrase Nasional Indonesia) 4. LC will be release to beneficiary who mentioned at the contract. 5. At LC on consignee column must be state TO THE ORDER OF (BANK APPLICANT) and Notify Party PT. PUPUK KUJANG,,, 6

7 Page : 7 dari 7 No. 1 Product Diammonium Phosphate (DAP) EXHIBIT A REQUIREMENT Total Requirement (Metric Ton) - The total requirement is 18,000 MT with Partial Shipment : a. 10,000 MT ETD at early of May 2018, with ETA Tanjung Priok end of May b. 8,000 MT ETD at end of June 2018, with ETA Tanjung Priok middle of July Packaging in Bulk. EXHIBIT B SPECIFICATIONS TYPICAL ANALYSIS FOR DAP No Description Spesification DAP 1 Total Nutrient 64% 2 N 2 Minimal 18% 3 P 2 O 5 Minimal 46% 4 H 2 O Maksimal 2% 5 Form Granular 6 Particle Size (2-4) mm Minimal 80% 7 Crusing Strength Minimal 3 Kgf 8 Packing Bulk 9 Color (White/Off White/Yellowish/Grey/Dark Brown) 10 Free Flowing and Free From Harmful Substances 7