Contrato Trafigura Imopetro 01.18 - 02.07.2018 VF 1 PDF

Classified as: PRIVATE AND CONFIDENTIAL
CONTRACT REF IMOPETRO/CACL/01/2018
CONTRACT
For
THE SUPPLY OF MOGAS, JET A1 AND GASOIL
BETWEEN
IMOPETRO-IMPORTADORA MOÇAMBICANA DE PETROLEOS, LIMITADA

(THE PURCHASER)
AND
TRAFIGURA PTE LTD

(THE SUPPLIER)
JUNE 2018
CONTRACT IMOP/CACL/01/2018
SUPPLY AND SHIPMENT OF

PRODUCTS CONTRACT FORM 01.18
THIS AGREEMENT is effective from 28th JUNE 2018 between IMOPETRO, Importadora
Moçambicana de Petróleos, Limitada of Mozambique, Rua da Imprensa 256, 4 th Floor
(hereinafter called “the purchaser”) of the one part, and TRAFIGURA PTE LTD, 10
COLLYER QUAY 29-00 OCEAN FINANCIAL CENTRE, SINGAPORE 049315.
(Hereinafter called “the supplier” of the other part:
WHEREAS the purchaser invited bids for certain goods and ancillary service, viz., Refined
Petroleum Products and its shipment to Mozambique, and has accepted a bid by the Supplier
for the Supply of those goods and services, as summarized under Bid Form and Price Schedule
for Premium Unleaded 10 PPM, Jet A1 and Gasoil 500ppm. The quotation to apply will FOB
ARABIAN GULF FOR JET AND GASOIL and FOB MED for MOGAS.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part this
Agreement, viz.
(a) The Purchaser’s Notice of Award;
(b) The Supplier Performance Security;
(c) The Bid Form and the Price Schedule submitted by the Bidder;
(d) The Schedule of Requirements;
(e) The Technical Specifications; and
(f) Ports Information;
(g) The general conditions of Contract; and
(h) The Special Conditions of Contract.
3. In consideration of the payments to be made by Purchaser to the Supplier as hereinafter
mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and
services and to remedy defects therein in conformity in all respects with the provisions of
the contracts.
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the
goods and services and the remedying of defects therein, the Contract Price or such other
sum as may become payable under the provisions of the contract at the time and in the
manner prescribed by the contract.
2
CONTRACT IMOPETRO/CACL//01/2018
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with their laws the day and year first above written.
Signed, sealed, delivered by _______________________the 28th JUNE 2018 (for the Supplier)
Witnessed by___________________________________the 28th JUNE 2018 (for the Supplier)
Signed, sealed, delivered by
IMOPETRO________________________________________________the 28th JUNE 2018

(As procurement agent only)
Witnessed By________________________________________________the 28th JUNE 2018

(As procurement agent only)
BP MOCAMBIQUE LDA _____________________________________the 28th JUNE 2018

(for the Purchaser)
ENGEN PETROLEUM MOÇAMBIQUE LDA______________________the 28th JUNE 2018

(for the Purchaser)
GLENCORE MOCAMBIQUE LDA____________________________the 28th JUNE 2018

(for the Purchaser)
INDEPENDENT PETROLEUM MOZAMBIQUE LDA_______________the 28th JUNE 2018

(for the Purchaser)
PETROGAL MOÇAMBIQUE LDA____________________________the 28th JUNE 2018

(for the Purchaser)
PETROMOC SA - PETRÓLEOS DE MOÇAMBIQUE _______________the 28th JUNE 2018

(for the Purchaser)
3
PETROMOC & SASOL SARL_________________________________the 28th JUNE 2018

(for the Purchaser)
PUMA ENERGY MOCAMBIQUE LDA_________________________the 28th JUNE 2018

(for the Purchaser)
TOTAL MOCAMBIQUE SARL_______________________________the 28th JUNE 2018

(for the Purchaser)
AFRICAN PETROLEUM LDA________________________________the 28th JUNE 2018

(for the Purchaser)
MOZ TOP - ENERGIA, LDA_________________________________the 28th JUNE 2018

(for the Purchaser)
ENER INVEST SA__________________________________________the 28th JUNE 2018

(for the Purchaser)
EXOR PETROLEUM MOCAMBIQUE___________________________the 28th JUNE 2018

(for the Purchaser)
PETRODA MOZAMBIQUE__________________________________the 28th JUNE 2018

(for the Purchaser)
MOUHADJI CARLITOS_____________________________________the 28th JUNE 2018

(for the Purchaser)
MOUNT MERU PETROLEUM________________________________the 28th JUNE 2018

(for the Purchaser)
CAMEL OIL LIMITADA _____________________________________the 28th JUNE 2018

(for the Purchaser)
4
(a)
PURCHASER’S NOTICE OF AWARD
5
6
(b)
PERFORMANCE SECURITY
7
(c)
BID FORM AND PRICE SCHEDULE

SUBMITTED BY THE BIDDER
10
11
12
13
14
15
16
17
18
19
(d)
SCHEDULE OF REQUIREMENTS
20
SCHEDULE OF REQUIREMENTS
Conditions of Contract
A Contract for sale and purchase of refined petroleum products made between Purchaser(s) (OMC’s)
represented by IMOPETRO as import agent, herein after referred to as Purchaser(s) on the one part and
(name and address) herein after referred to as Seller of the other part.
These Conditions of Contract (CC) are designed for supply of products in bulk in Delivered at Place
(DAP) basis for a period defined in the Bid Data Sheet. They form an integral part of the contract,
which incorporates them by reference.
1. Definitions
1.1 Unless otherwise expressly provided, wherever used in this Contract the following words and
expressions shall have the following meanings:
(a) “The Contract” means the agreement entered into between IMOPETRO, the
Purchaser(s) and the Seller, as recorded in the Contract Form signed by the parties,
including all attachments and appendices thereto and all documents incorporated by
reference therein,
(b) “IMOPETRO” means the Procurement Agent,
(c) Delivery window means a delivering period comprising a range of 5 days,
(d) Nomination month for Delivery: the month of the first day of the delivery range
advised by IMOPETRO on a monthly basis,
(e) “Purchasers”: Oil Marketing Companies,
(f) “The Seller” means the individual or firm supplying the Goods under this Contract,
(g) Products petroleum: products as described hereunder,
(h) Day and month mean a calendar day and a calendar month respectively,
(i) Cargo means a consignment of product for delivery referred to hereunder,
(j) The Vessel means any tanker owned or chartered or otherwise obtained by the Seller,
which is employed by the Seller to load the oil of this Contract at the Seller’s loading
port.
(k) Platt’s quotation means the Platt’s European and Asia Pacific/Arabian Gulf Marketscan
(for products) quotation published by the McGraw-Hill Companies Inc.
1.2 Definition is maintained and order of precedent of the Contract Document shall be as follows:
(a) Contract Form;
(b) Purchase’s Notice of Award to Successful Bidder;
(c) Seller’s acknowledgement of Notice of Award;
(d) Conditions of Contract;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Specifications for products
(h) Information on Discharge Ports;
(i) Bid Form and Price Schedules;
(j) Performance Security Form;
(k) Bid Security Form.
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2. Type of Sale
2.1 The Seller shall sell the products on a Delivery at Place (DAP) basis to Purchasers at the ports
of Maputo, Beira, Nacala and Pemba in Mozambique.
3. Quality
3.1 Seller shall meet the product needs of IMOPETRO as indicated hereafter, meeting the
specification indicated in Section V.
3.2 Jet has to be compliant with the latest issue of the AFQRJOS.
4. Quantity and Period of Supply
4.1 The quantity and the period of supply of products covered under this Contract is indicated
below with variations up to plus or minus 10% percent on the total contractual volumes, at
IMOPETRO’s option.
Product Quantity (MT)

Premium Unleaded 212 000
Jet 31 500
Gasoil 50ppm 668 500
4.2 The quantities above will be split between Maputo, Beira, Nacala and Pemba, always on four
port discharge basis, as it will be indicated at the time of tanker nomination.
4.3 The period of supply under this contract shall be Six (6) consecutive months starting not earlier
than 1 JULY 2018 if another date not agreed between IMOPETRO and the Seller.
4.4 The quantities of products covered under this Contract shall be specified in Metric Tons.
4.5 In no circumstances Seller shall be allowed to change any nominated delivery window provided
by Purchaser. Seller and purchaser can mutually agree a specific delivery range without
changing the nominated delivery window.
4.6 Seller and IMOPETRO shall agree to an acceptable delivery quantity and delivery window at
least thirty-five (35) calendar days in advance of the first day of the delivery window. Such
agreement on delivery quantity and period shall be subject to:
(a) prorated quantity, period of supply, and cargoes lots quantities stated in clause 4.
22
(c)
CONDITIONS OF THE CONTRACT
23
BIDDING DOCUMENTS
For
TENDER IMOPETRO/CACL/01/2018
For
PROCUREMENT OF PETROLEUM
PRODUCTS
MOZAMBIQUE
APRIL
Imopetro - Importadora Moçambicana de Petróleos, Lda
Contents
PREFACE 3
ABBREVIATIONS AND ACRONYMS 4
SECTION I. INVITATION FOR BIDS 5
SECTION II. INSTRUCTIONS TO BIDDERS 7
A. INTRODUCTION 8
1.Source of Funds 8
2.Eligible Bidders 8
3.Eligible Goods and Services 8
4.Cost of Bidding 8
B. THE BIDDING DOCUMENTS 9
5. Content of Bidding Documents 9
6. Clarification and Amendments of Bidding Documents 9
C. PREPARATION OF BIDS 9
7. Language of Bid 9
8. Documents Comprising the Bid 10
9. Bid Form and Price Schedule 10
10. Bid Prices and Bid Currencies 10
11. Bid Security 10
12. Period of Validity of Bids 11
13. Format and Signing of Bid 11
D. SUBMISSION OF BIDS 11
14. Sealing and Marking of Bids 11
15. Deadline for Submission of Bids 12
16. Late Bids 12
17. Modification and Withdrawal of Bids 12
E. OPENING AND EVALUATION OF BIDS 12
18. Opening of Bids by IMOPETRO 12
19. Clarification of Bids 13
20. Preliminary Examination 13
21. Evaluation and Comparison of Bids 13
22. Contacting IMOPETRO 14
F. AWARD OF CONTRACT 14
23. Post-Qualification 14
24. Award Criteria 14
25. IMOPETROs Right to Vary Quantities at Time of Award 14
26. IMOPETROs Right to Accept any Bid and to Reject any or All Bids 14
27. Notification of Award 15
28. Signing of Contract 15
29. Performance Security 15
30. Corrupt or Fraudulent Practices 15
SECTION III. BID DATA SHEET 17
SECTION IV. CONDITIONS OF CONTRACT 21
1. Definitions 23
2. Type of Sale 24
3. Quality 24
4. Quantity and Period of Supply 24
5. Price 24
6. Nomination of Vessels 25
Date of issue 09.04.2018
Closing date 11.05.2018
Imopetro/CACL/01/2018 1 Closing time 10:00hours
Opening time 10:15 hours
7. Priority on Berthing IMOPETRO Vessels 26

8. Cargo documentation 27
9. Verification and Measurement 27
10. Quantity and quality Claims 28
11. Delivery, Title and Risk of Losses 28
12. Port Charge and Taxes 28
13. Laytime 29
14. Demurrage 30
15. Direct cargo financing scheme 30
16. Price disruption clause 33
17. Delayed deliveries penalty 33
18. Purchaser’s Default 33
19. Governing Law and Settlement of Disputes 34
20. Language 34
21. Waiver and Non-Assignability 34
22. Performance Security, Notice of Award and Agreement Signing 34
23. Force Majeure 35
24. Hardship 35
25. Notices and Communication 35
26. Facilitation Payments and Anti-Corruption 36
27. Sanctions, Trade Control and Boycotts: 36
28. Limitation of Liabilities 37
29. Entry into Force 38
SECTION V. SPECIFICATION FOR PRODUCTS 43
SECTION VI. SAMPLE FORMS 52
FORM 1 - BID FORM & PRICE SCHEDULES 54
FORM 2 - BID SECURITY FORM 56
FORM 3 - CONTRACT FORM 57
FORM 4 - PERFORMANCE SECURITY FORM 58
FORM 5 - IMOPETRO’S NOTICE OF A AWARD TO SUCCESSFUL BIDDER 59
FORM 6 - SELLER’S ACKNOWLEDGMENT OF NOTICE OF AWARD 60
FORM 7 - INFORMATION ON DISCHARGE PORT/PORTS 61

PREFACE
Bulk Procurement of petroleum products is carried out in accordance with policies and procedures laid
down in under the terms of articles 29 and following of Decree nr 45/2012, dated 28 December 2012.
This Standard Bidding Document (SBD) has been prepared by Imopetro - Importadora Moçambicana
de Petróleos, Lda for use in the bulk procurement of petroleum products through International
Competitive Bidding (ICB). Procedures and practices in this document are mandatory for use in bulk
procurement of petroleum products.

ABBREVIATIONS AND ACRONYMS
Bbl60F Barrels at 60º Fahrenheit

BDS Bid Data Sheet
B/L Bill of lading
CACL Committee for Acquisition of National Petroleum Products
CC Conditions of Contract
COD Completion of Discharge
CPP Clean Petroleum Products
DAP Delivered at Place
FOB Free On Board
ICB International Competitive Bidding
ICC International Commercial Court
IFB Invitation for Bids
ITB Instruction to Bidders
LC Letter of Credit
MT Metric tons in air
SBD Standard Bidding Document
TOVALOP Tanker Owners Voluntary Agreement on Liability for Oil Pollution
USD United States dollars

Section I. Invitation for Bids

IMOPETRO – IMPORTADORA MOÇAMBICANA DE PETROLEOS, LDA

IMOPETRO/CACL/01/2018
FOR THE SUPPLY OF REFINED PETROLEUM PRODUCTS
INVITATION FOR BIDS
1. IMOPETRO – Importadora Moçambicana de Petróleos, Lda acting, under the terms of articles
29 and following of Decree nr 45/2012, dated 28 December 2012, as the procurement agent for
several oil distributing companies in Mozambique (Purchasers), invites sealed bids from eligible
bidders for the supply of approximately 912 000 Metric tons of the following refined petroleum
products and its shipment to Mozambican ports of Maputo, Beira, Nacala and Pemba.

Jet 31 500
Gasoil 50 ppm 668 500
2. Bidding will be conducted through the international competitive public bidding procedures similar
to those specified in the World Bank’s Guidelines: Procurement under IBRD Loans and IDA
Credits, with the alterations necessary to conform the bidding to Decree nr 45/2012 above referred
and is opened to all bidders from eligible source countries as defined in the said guidelines.
3. Interested eligible bidders may obtain further information from IMOPETRO to the attention of the
Managing Director, at 256, Rua da Imprensa – 4th floor 403-406, P O Box nr 1412, Phone
+258.21302190 or +258.21302246 or +258.843250310, Email imopetro@imopetro.co.mz; Fax nr.
258 21302278, Maputo, Moçambique.
4. A complete set of bidding documents in English may be purchased as from 09.04.2018 by interested
bidders upon payment of a non-refundable fee. The payment shall be made by cash deposit or
electronic transfer of amount specified in the Bid Data Sheet to Imopetro’ s bank account:
BANCO COMERCIAL DE INVESTIMENTO - BCI;
ACCOUNT- 147003610002
CURRENCY- USD;
NIB- 0008 0000 0147003610277
IBAN- MZ59 0008 0000 0147003610277
SWIFT- CGDIMZMA
Upon confirmation of bank deposit or swift transfer, bid documents will be made available at
Imopetro’s address. By request bid documents will be sent by express mail, for which additional
advance amount specified in the Bid Data Sheet shall be paid. By request, a pdf copy of the bid
documents will be made available by email. In case of dispatching by mail or any other mode,
IMOPETRO cannot be held responsible for non-reception of the documents by the Bidder. In case
of differences between pdf file and printed copy, this one will prevail.
5. Bids must be delivered to the address above at or before 10:00 hours on 11 MAY, 2018. All bids
must be accompanied by a bid security which amount is specified in the Bid Data Sheet. Late bids
will be rejected. Bids will be opened at 10:15 hours on 11 MAY, 2018 at the address referred
above, in the presence of the bidder’s representatives who choose to attend.

Section II. Instructions to Bidders

A. Introduction
1. Source of Funds
1.1 The funds for payment under the contract for which this Invitation for bids is issued are granted by
the foreign exchange market.
2. Eligible Bidders
2.1 This Invitation for Bids is only open to all Sellers from eligible source countries as defined in
Guidelines: Procurement under IBRD Loans and IDA Credits, dated January 1995, revised January
and August 1996, hereinafter referred as the IBRD Guidelines for Procurement, except as provided
hereinafter.
2.2 Bidders can only bid where they are not to be under a declaration of ineligibility for corrupt and
fraudulent practices issued by the Bank in accordance with sub-clause 30.1
2.3 Bidders that meet any of the below mentioned criteria shall be considered ineligible. If a bidder
submits a Bid based on this Invitation for Bids, it shall constitute a guarantee that neither the Bidder
nor any affiliate or a subsidiary controlled by the Bidder is in breach of any of the provisions below.
A contract clause confirming this will be included in an eventual contract based on this request.
The criteria are the following:
1. They are bankrupt or being wound up, are having their affairs administered by the courts,
have entered into an arrangement with creditors, have suspended business activities, are the
subject of proceedings concerning those matters, or are in any analogous situation arising
from a similar procedure provided for in national legislation or regulations;
2. They have been the subject of a judgment that has the force of res judicata for fraud,
corruption, involvement in a criminal organization or any other illegal activity;
3. Following another procurement procedure or grant award procedure, they have been
declared to be in serious breach of contract for failure to comply with their contractual
obligations.
4. They have not been respecting any international economic sanctions, embargo or
interdiction from international community to deal with banned countries, institutions,
terrorist group or commercial companies.
3. Eligible Goods and Services
3.1 All goods and related services to be supplied under the contract shall have their origin in eligible
source countries, defined in the IBRD Guidelines for Procurement, and all expenditures made under
the contract will be limited to such goods and services.
4. Cost of Bidding
4.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and
IMOPETRO – Importadora Moçambicana de Petróleos, Lda, hereinafter referred to as “Imopetro”
or “AGENT”, will in no case be responsible or liable for those costs, regardless of the conduct or
outcome of the bidding process.
B. The Bidding Documents
5. Content of Bidding Documents
5.1 The goods required, bidding procedures, and contract terms are prescribed in the bidding
documents. In addition to the Invitation for Bids, the bidding documents include:
(a) Instructions to Bidders (ITB)
(b) Bid Data Sheet
(c) Conditions of Contract (CC)
(d) Specification for Products
(e) Bid Form and Price Schedules
(f) Bid Security Form
(g) Contract Form
(h) Performance Security Form
(i) IMOPETRO’s Notice of Award to Successful Bidder
(j) Seller’s Acknowledgment of Notice of Award
(k) Information on Discharge Port/Ports
5.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding
documents. Failure to furnish all information required by the bidding documents or to submit a bid
not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk
and may result in the rejection of its bid.
6. Clarification and Amendments of Bidding Documents
6.1 A prospective Bidder requiring any clarification of the bidding documents may notify IMOPETRO
in writing or send a scanned copy of the enquire letter to IMOPETRO at IMOPETRO’s addresses
indicated in Bid Data Sheet. IMOPETRO will respond in writing, by letter or electronic mail, to
any request for clarification of the bidding documents which it receives no later than fifteen (15)
days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet. Written
copies of IMOPETRO’s response (including an explanation of the query but without identifying
the source of inquiry) will be sent to all prospective bidders that have acquired the bidding
documents.
6.2 At any time prior to the deadline for submission of bids, IMOPETRO, for any reason, whether at
its own initiative or in response to a clarification requested by a prospective Bidder, may modify
the bidding documents by amendment.
6.3 All prospective bidders that have received the bidding documents will be notified of the amendment
in writing, by letter or electronic mail, and will be bidding on them.
C. Preparation of Bids
7. Language of Bid
7.1 The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid
exchanged by the Bidder and IMOPETRO shall be written in English.

8. Documents Comprising the Bid
8.1 The bid prepared by the Bidder shall comprise the following:
(a) A Bid Form and a Price Schedule duly completed;
(b) Evidence that the Bidder is eligible to bid and has minimum experience and is otherwise
financially qualified to perform the contract as specified on the Bid Data Sheet;
(c) Evidence that the goods to be supplied are eligible goods;
(d) Bid security;
(e) A detailed description of the essential performance characteristics of the products;
(f) Commentary on the Specifications demonstrating substantial responsiveness to those
specifications, or a statement deviations and exceptions to the provisions of the Specifications.
9. Bid Form and Price Schedule
9.1 The Bidder shall complete the Bid Form and Price Schedule furnished in the bidding documents.
10. Bid Prices and Bid Currencies
10.1 Bid prices shall be quoted in the currency specified in Bid Data Sheet and shall include FOB
price, plus a premium covering the component from FOB to DAP.
10.2 Prices quoted by the Bidder shall be subject to adjustment during the performance of the
contract, as per clause 5 of the Conditions of Contract.
11. Bid Security
11.1 The Bidder shall furnish, as part of its bid, a bid security in the amount specified in the Bid Data
Sheet. Any Bid Security not fulfilling the terms in the BDS will be considered as not
responsiveness to the BID, therefore a material deviation for disqualification.
11.2 The bid security is required to protect IMOPETRO against the risk of Bidder’s conduct which
would warrant the security’s forfeiture, pursuant to ITB Clause 11.7.
11.3 The bid security shall be denominated in U.S. Dollars and shall be in one of the following forms:
(a) An irrevocable letter of credit issued by a reputable bank located in IMOPETRO’s country
or abroad reasonably acceptable to IMOPETRO, in the form provided in the bidding
documents or another form acceptable to IMOPETRO and valid for thirty (30) days beyond
the validity of the bid; or
(b) A cashier’s or certified cheque.
11.4 Any bid not secured in accordance with ITB Clauses 11.1 and 11.3 will be rejected by
IMOPETRO as non-responsive.
11.5 Unsuccessful bidder’s bid security will be discharged or returned as promptly as possible but
not later than thirty (30) days after the expiration of the period of bid validity prescribed by
IMOPETRO pursuant to ITB Clause 12.
11.6 The successful Bidder’s bid security will be discharged upon the Bidder signing the contract,
pursuant to ITB Clause 28, and furnishing the performance security, pursuant to ITB Clause 29.

11.7 The bid security may be forfeited:

(a) if a Bidder withdraws its bid during the period of Bid validity specified by the Bidder on
the Bid Form; or
(b) In the case of a successful Bidder, if the Bidder fails:
(i) To sign the contract in accordance with ITB Clause 28; or
(ii) To furnish performance security in accordance with ITB Clause 29.
12. Period of Validity of Bids
12.1 Bids shall remain valid for the period specified in the Bid Data Sheet after the date of bid
opening prescribed by IMOPETRO. A bid valid for a shorter period shall be rejected by
IMOPETRO as non-responsive.
12.2 In exceptional circumstances, IMOPETRO may solicit the Bidder’s consent to an extension of
the period of validity. The request and the responses thereto shall be made in writing, by letter
or electronic mail. The bid security provided under ITB Clause 11 shall also be suitably
extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder granting
the request will not be required nor permitted to modify its bid.
13. Format and Signing of Bid
13.1 The Bidder shall prepare an original and the number of copies of the bid indicated in the Bid
Data Sheet, clearly marking each “ORIGINAL BID” and “COPY OF BID”, as appropriate. In
the event of any discrepancy between them, the original shall govern.
13.2 The original and the copy or copies of the bid shall be typed or written in indelible ink and shall
be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the contract.
All pages of the bid, except for unamend printed literature, shall be initialled by the person or
persons signing the bid.
13.3 Any interlineation, erasures, or overwriting shall be valid only if they are initialled by the person
or persons signing the bid.
13.4 The Bidder shall furnish information as described in the Form of Bid on commissions or
gratuities, if any, paid or to be paid to agents relating to this Bid, and to contract execution if
the Bidder is awarded the contract.
D. Submission of Bids
14. Sealing and Marking of Bids
14.1 The Bidder shall seal the original and each copy of the bid in separate envelopes, duly marking
the envelopes as “ORIGINAL”, and “COPY”. The envelopes shall then be sealed in an outer
envelope.
14.2 The inner and outer envelopes shall:
(a) be addressed to IMOPETRO at the address given in the Bid Data Sheet; and
(b) bear the Project name indicated in the Bid Data Sheet, the Invitation for Bids (IFB) title
and number indicated in the Bid Data Sheet, and a statement: “DO NOT OPEN BEFORE,”
to be completed with the time and the date specified in the Bid Data Sheet.

14.3 The inner envelopes shall also indicate the name and address of the Bidder to enable the bid to
be returned unopened in case it is declared “late”.
14.4 If the outer envelope is not sealed and marked as required by ITB Clause 14.2, IMOPETRO
will assume no responsibility for the bid’s misplacement or premature opening.
15. Deadline for Submission of Bids
15.1 Bids must be received by IMOPETRO at the address specified under given in the Bid Data
Sheet no later than the time and date specified in the Bid Data Sheet.
15.2 IMOPETRO may, at its discretion, extend this deadline for the submission of bids in which case
all rights and obligations of IMOPETRO and bidders previously subject to the deadline will
thereafter be subject to the deadline as extended.
15.3 Any additional document submitted after the closing time shall not be considered.
16. Late Bids
16.1 Any bid received by IMOPETRO after the deadline for submission of bids prescribed by
IMOPETRO pursuant to ITB Clause 15 will be rejected and returned unopened to the Bidder.
17. Modification and Withdrawal of Bids
17.1 Subject to clause 17.4 bellow, the Bidder may modify or withdraw its bid after the bid
submission, provided that written notice of the modification, including substitution or
withdrawal of the bids, is received by IMOPETRO prior to the deadline prescribed for
submission of bids.
17.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and
dispatched in accordance with the provisions of ITB Clause 14. A withdrawal notice may also
be sent by e-mail, but followed by a signed confirmation copy, postmarked no later than the
deadline for submission of bids.
17.3 No bid may be modified after the deadline for submission of bids.
17.4 No bid may be withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the Bidder on the Bid Form. Withdrawal of
a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to the
ITB Clause.
E. Opening and Evaluation of Bids
18. Opening of Bids by IMOPETRO
18.1 IMOPETRO will open all bids in the presence of bidders’ representatives who choose to attend,
at the time, on the date, and at the place specified in the Bid Data Sheet. The bidders’
representatives who are present shall sign a register evidencing their attendance.
18.2 The bidder’s names, bid modifications or withdrawals, bid prices, discounts, and the presence
or absence of requisite bid security and such other details as IMOPETRO, at its discretion, may
consider appropriate, will be announced at the opening. No bid shall be rejected at bid opening,
except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause 16.

18.3 Bids that are not opened and read out at bid opening shall not be considered further for
evaluation, irrespective of the circumstances. Withdrawn bids will be returned unopened to the
bidders.
18.4 IMOPETRO will prepare minutes of the bid opening.
19. Clarification of Bids
19.1 During evaluation of the bids, IMOPETRO may, at its discretion, ask the Bidder for a
clarification of its bid. The request for clarification and the response shall be in writing, and no
change in the prices or substance of the bid shall be sought, offered, or permitted.
20. Preliminary Examination
20.1 IMOPETRO will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished, whether
the documents have been properly signed, and whether the bids are generally in order.
20.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between
the unit price and the total price that is obtained by multiplying unit price and quantity, the unit
price shall prevail, and the total price shall be corrected. If the Seller does not accept the
correction of the errors, its bid will be rejected, and its bid security may be forfeited. If there is
a discrepancy between words and figures, the amount in words will prevail.
20.3 IMOPETRO may waive any minor informality, nonconformity, or irregularity in a bid which
does not constitute a material deviation, provided such waiver does not prejudice or affect the
relative ranking of any Bidder.
20.4 Prior to the detailed evaluation, pursuant to ITB Clause 21, IMOPETRO will determine the
substantial responsiveness of each bid to the bidding documents. For purposes of these Clauses,
a substantially responsive bid is one which conforms to all the terms and conditions of the
bidding documents without material deviations. Deviations from, or objections or reservations
to critical provisions, such as those concerning Bid Security (ITB Clause 11), Applicable Law
(CC Clause 19), and taxes and Duties (CC Clause 12), specifications (CC) will be deemed to
be a material deviation. IMOPETRO’s determination of a bid’s responsiveness is to be based
on the contents of the bid itself without recourse to extrinsic evidence.
20.5 If a bid is not substantially responsive, it will be rejected by IMOPETRO and may not
subsequently be made responsive by the Bidder by correction of the nonconformity.
21. Evaluation and Comparison of Bids
21.1 IMOPETRO will evaluate and compare the bids which have been determined to be substantially
responsive, pursuant to ITB Clause 20.
21.2 The bids will be evaluated and compared on the DAP (specified port/ports of entry) prices
offered. The award will be based on the DAP price computed by IMOPETRO.
21.3 The evaluation process will be undertaken by a commission jointly designated by IMOPETRO
and Amepetrol.

22. Contacting IMOPETRO
22.1 Subject to ITB Clause 19, no Bidder shall contact IMOPETRO on any matter relating to its bid,
from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to
bring additional information to the notice of IMOPETRO, it should do so in writing.
22.2 Any effort by a Bidder to influence IMOPETRO in its decisions on bid evaluation, bid
comparison, or contract award may result in the rejection of the Bidder’s bid.
F. Award of Contract
23. Post-Qualification
23.1 In the absence of pre-qualification, IMOPETRO will determine to its satisfaction whether the
Bidder that is selected as having submitted the lowest evaluation responsive bid is qualified to
perform the contract satisfactorily, in accordance with the criteria listed in ITB Sub-Clause 8.1
(b).
24. Award Criteria
24.1 Subject to ITB Clause 26, IMOPETRO will award the contract to the successful Bidder:
24.1.1 Whose bid has been determined to be substantially responsive to the terms and conditions;
24.1.2 Whose bid has been determined to be the lowest evaluated bid, provided further that the Bidder;
24.1.3 Whose bid has been approved by CACL as being qualified to perform the contract satisfactorily
based on IMOPETRO’S Bidders Operations Report.
24.2 There shall be no negotiations entertained with successful bidder. Each bidder shall be required
to bid in line with the terms, conditions and the contractual terms provided for in the bid
document.
24.3 Where the Successful bidder fails to meet the required terms and conditions of the bid document
then IMOPETRO shall invite the next ranked bidder.
24.4 IMOPETRO will have preference to the competitive Bidder preferring at his option to supply
without demanding any banks guaranties or other financial securities.
25. IMOPETROs Right to Vary Quantities at Time of Award
25.1 IMOPETRO reserves the right at the time of contract award to increase or decrease, by the
percentage indicated in the Bid Data Sheet, the quantity of goods and services originally
specified in the Specification for Products without any change in unit price or other terms and
conditions.
26. IMOPETROs Right to Accept any Bid and to Reject any or All Bids
26.1 IMOPETRO in consultation with CACL reserves the right to accept or reject any bid, and to
annul the bidding process and reject all bids at any time prior to contract award, without thereby
incurring any liability to the affected Bidder or bidders or any obligation to inform the affected
Bidder or bidders of the grounds for IMOPETRO’s action.

27. Notification of Award
27.1 Prior to the expiration of the period of bid validity, IMOPETRO will notify the successful
Bidder in writing by registered letter or by e-mail, to be confirmed in writing by registered letter,
that its bid has been accepted.
27.2 The notification of award will constitute the formation of the Contract. Due diligence will be
conducted before signing the contract.
27.3 Upon the successful Bidder’s furnishing of the performance security pursuant to ITB Clause 29,
IMOPETRO will promptly notify each unsuccessful Bidder and will discharge its bid security,
pursuant to ITB Clause 11.
27.4 The Successful bidder will be publically announced in the local newspapers.
28. Signing of Contract
28.1 At the same IMOPETRO notifies the successful Bidder that its bid has been accepted,
IMOPETRO will send the Bidder the Contract Form provided in the bidding documents,
incorporating all agreements between the parties.
28.2 Within Seven (7) days of receipt of the Contract Form, the successful Bidder shall sign and date
the contract and return it to IMOPETRO.
29. Performance Security
29.1 Within Seven (7) days of the receipt of notification of award from IMOPETRO, the successful
Bidder shall furnish the performance security in accordance with the Conditions of Contract, in
the Performance Security Form provided in the bidding documents, or in another form
acceptable to IMOPETRO.
29.2 Failure of the successful Bidder to comply with the requirement of ITB Clause 28 or ITB Clause
29.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid
security, in which event IMOPETRO may make the award to the next lowest evaluated Bidder
or call for next new bids.
30. Corrupt or Fraudulent Practices
30.1 The bank requires that Borrowers (including beneficiaries of Bank loans), as well as
Bidders/Sellers/Contractors under bank-financed contracts, observe the highest standard of
ethics during the procurement and execution of such contracts. In pursuance of this policy, the
Bank:
(a) Defines, for the purposes of this provision, the terms set forth below as follows:
(i) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution; and
(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence process
or the execution of contract to the detriment of the Borrower, and includes collusive
practice among Bidders (prior to or after bid submissions) designed to establish bid
prices at artificial non-competitive levels and to deprive the Borrower of the benefits
of free and open competition;
(b) Will reject a proposal for award if it determines that the Bidder recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question;
(c) Will declare a firm ineligible, either indefinitely or for a dated period of time, to be awarded
a bank-financed contract if it at any time determined that the firm has engaged in corrupt
or fraudulent practices in competing for, or in executing, a Bank-financed contract.
30.2 Furthermore, Bidders shall be aware of the provision stated in Clauses 26 and 27 of the
Conditions of Contract.

Section III. Bid Data Sheet

Bid Data Sheet
The following specific data for the goods to be procured shall complement, supplement, or amend the
provisions in the Instructions to Bidders (ITB). Whenever there is a conflict, the provisions herein shall
prevail over those in ITB.
Introduction
ITB 1.1 Period for supply: Six consecutive months starting not earlier than 1 JULY 2018 if another date
not agreed between IMOPETRO and Seller, or whenever the quantity is lifted.
The contract will be complete once the total quantity +/-10%, has been lifted
Supply of approximately 912 000 MT of the following petroleum products and its shipment to
Mozambican ports of Maputo, Beira, Nacala and Pemba, with the following indicative quantities.
Jet 31 500
Gasoil 50 ppm 668 500
ITB 4.1 AGENT: IMOPETRO – Importadora Moçambicana de Petróleos, Lda
Agent’s address, telephone, and facsimile numbers:
IMOPETRO
Rua da Imprensa nr. 256 – 4th floor
403/406 P O Box nr. 1412
ITB 6.1 Maputo, Mozambique
Tel: +258 21302190, 21302246
Fax: +258 21302278
Att: Managing Director
Email: imopetro@imopetro.co.mz
ITB 7.1 Language of the bid: English
ITB Qualification requirements:
8.1(b)
 Bidders should be a legal entity structured for the nature of business,
 Bidders should be financially qualified to perform the contract,
 Bidders should have availability of appropriate skills among the staff to perform the
contract,
 Bidders should have previous experience in performing contracts of similar nature.
Bid Price and Currency

DAP unit Price of products will be Calculated as PDAP = PFOB + PDAP
The prices quoted shall be in their original unit for all products and quantities.
Bidders shall present quotation of PDAP, as a fixed unit value in usd/MT for gasoline and in
usd/bbl for Jet and Diesel covering all the components from FOB to DAP, namely, ocean
freight, insurance, all port charges incurred by the vessel at the loading and unloading ports,
inspection fees at the loading port, but exclusive of, inspection fees or any other charges
related to the cargo at the discharge ports. Conversion factor used to calculate the weighted
average premium of the bid will be 7.45 for Gasoil 50ppm and 7.9 for Jet A1 for the
comparison of bids.

Bidders shall present quotations for PDAP for requested sets of Platts’ Marketscan.
Platts Marketscan MED/AG
 For the Gasoline, the average of low and high of Platt's Europe Marketscan under the
assessment heading “ Gasoline Prem Unleaded FOB Med Cargo”, code “AAWZA00”,
 For the Jet, the Platt’s Asian Pacific /Arab Gulf Marketscan under the heading "Jet Kero
FOB Arab Gulf, code “PJAAA00”,
ITB
10.1  For the Gasoil 50 ppm, the Platt’s Asian Pacific /Arab Gulf Marketscan under the
heading "Gasoil FOB Arab Gulf”, code “POAAT00”.
ITB The DAP PRICE payable by IMOPETRO for each cargo shall be calculated as follows:
10.2
For Gasoline, the DAP PRICE in Usd is to be calculated based in PFOB - Usd/MT using the
expression:
DAP PRICE = P F O B X MT + PDAP X MT
 P F O B - Ave r a ge P l a t t s q uo ta t i o n pub l i c a t io n M E D I TA LY o f p r i c i n g mo n th ( M)
 M T – Q u an t it y i n M e t r i c To n s a s e xp r e s s e d in th e in sp e c t o r ’ s r e p or t a t d i sp or t
 PDAP - fi x e d un i t va l u e in us d / M T c o ve r i n g a ll th e c omp o n e n t s fr o m F O B to D AP ,
For Gasoil 50ppm, the DAP PRICE in Usd is to be calculated based in PFOB - Usd/bbl using the
expression:
DAP PRICE = P F O B X bbl60F + PDAP X bbl60F
 P F O B - Ave r a ge P l a t t s q uo ta t i o n pub l i c a t io n Ar a b Gu l f ( A G) o f p r i c i n g mo n th (M )
 bbl60F – B a r r e l a t 60 º F ah r e n h e i t a s e xp r e s s e d in t h e in s p e c t or ’ s r e po r t a t d i s po rt
 PDAP - fi xe d u n it va l u e i n u s d/ bb l co ve r i n g a l l t h e c o mp o n e nt s fr o m F O B t o DAP
For Jet, the DAP VALUE in Usd is to be calculated based in PFOB - Usd/bbl using the expression:
DAP PRICE = PFOB X bbl60F + PDAPX bbl60F
 P F O B - Ave r a ge P l a t t s qu ot a t i on p ub l i c a t ion Ar a b Gu l f ( A G) fo r K e r o o f p r i c in g
mo n t h (M )
 bbl60F – B a r r e l a t 60 º F ah r e n h e i t a s e xp r e s s e d in t h e in s p e c t or ’ s r e po r t a t d i s po rt
 PDAP - fi x e d u ni t va l u e i n u s d / b bl c o ve r in g a l l th e comp o n e n t s fr o m F O B to D AP .
Preparation and Submission of Bids
ITB 14 Amount of bidding document : USD 20 000 (Twenty thousand United States Dollars)
ITB 11 Amount of bid security: USD 800,000 for usual 6 months.
ITB 12 Bid validity must be 30 days from BID submission closing date.
Bid security must remain valid for 30 days beyond the validity of the bid.
ITB 13 Number of copies : 1 (one) Original and 2 (two) copies
ITB Address for bid submission: IMOPETRO’s address as indicated above
14.2(a)
ITB 14.2 REF:IMOPETRO/CACL/01/2018
(b)

ITB 6.1 Deadline for bid submission: 10:00 hours on 11/05/2018
Opening and evaluation of Bids

ITB 18.1 Time, date, and place for bid opening: 10:15 h on 11/05/2018 at IMOPETRO’s address above.
ITB 21.2 The bids will be evaluated and compared on the PDAP.
The award will be based on the lowest weighted average of the PDAP values (tender quantity x
value) of the three products, computed by IMOPETRO and the bidder’s ability to perform the
contract. For this purpose, the tender premium of diesel 50ppm will be converted into tons with
a factor of 7.45 and the one for the Jet with a factor of 7.9.
Contract Award
The award of the contract will be made to the successful Bidder(s) whose bid(s) has been
determined to be the substantially responsive, has been determined to be the lowest weighted
average of evaluated bid, provided further that the Bidder is determined to be qualified to perform
the contract satisfactorily and has been as approved by CACL based on IMOPETRO’S report.
ITB 25.1 Percentage for quantity increase or decrease: IMOPETRO reserves the right to increase or
decrease by 10% the quantity of products specified in the Schedule of requirements without any
change in unit price or other terms and conditions.
The performance security in the amount of 20,000,000 usd received as part of Seller’s successful
bid.

Section IV. Conditions of Contract

Table of Clauses
SECTION IV. CONDITIONS OF CONTRACT 21

1. Definitions 23
2. Type of Sale 24
3. Quality 24
4. Quantity and Period of Supply 24
5. Price 24
6. Nomination of Vessels 25
7. Priority on Berthing IMOPETRO Vessels 26
8. Cargo documentation 27
9. Verification and Measurement 27
10. Quantity and quality Claims 28
11. Delivery, Title and Risk of Losses 28
12. Port Charge and Taxes 28
13. Laytime 29
14. Demurrage 30
15. Direct cargo financing scheme 30
16. Price disruption clause 33
17. Delayed deliveries penalty 33
18. Purchaser’s Default 33
19. Governing Law and Settlement of Disputes 34
20. Language 34
21. Waiver and Non-Assignability 34
22. Performance Security, Notice of Award and Agreement Signing 34
23. Force Majeure 35
24. Hardship 35
25. Notices and Communication 35
26. Facilitation Payments and Anti-Corruption 36
27. Sanctions, Trade Control and Boycotts: 36
28. Limitation of Liabilities 37
29. Entry into Force 38

Conditions of Contract
A Contract for sale and purchase of refined petroleum products made between Purchaser(s) (OMC’s)
represented by IMOPETRO as import agent, herein after referred to as Purchaser(s) on the one part and
(name and address) herein after referred to as Seller of the other part.
These Conditions of Contract (CC) are designed for supply of products in bulk in Delivered at Place (DAP)
basis for a period defined in the Bid Data Sheet. They form an integral part of the contract, which
incorporates them by reference.
1. Definitions
1.1 Unless otherwise expressly provided, wherever used in this Contract the following words and
expressions shall have the following meanings:
(a) “The Contract” means the agreement entered into between IMOPETRO, the Purchaser(s)
and the Seller, as recorded in the Contract Form signed by the parties, including all
attachments and appendices thereto and all documents incorporated by reference therein,
(b) “IMOPETRO” means the Procurement Agent,
(c) Delivery window means a delivering period comprising a range of 5 days,
(d) Nomination month for Delivery: the month of the first day of the delivery range advised by
IMOPETRO on a monthly basis,
(e) “Purchasers”: Oil Marketing Companies,
(f) “The Seller” means the individual or firm supplying the Goods under this Contract,
(g) Products petroleum: products as described hereunder,
(h) Day and month mean a calendar day and a calendar month respectively,
(i) Cargo means a consignment of product for delivery referred to hereunder,
(j) The Vessel means any tanker owned or chartered or otherwise obtained by the Seller, which
is employed by the Seller to load the oil of this Contract at the Seller’s loading port.
(k) Platt’s quotation means the Platt’s European and Asia Pacific/Arabian Gulf Marketscan (for
products) quotation published by the McGraw-Hill Companies Inc.
1.2 Definition is maintained and order of precedent of the Contract Document shall be as follows:
(a) Contract Form;
(b) Purchase’s Notice of Award to Successful Bidder;
(c) Seller’s acknowledgement of Notice of Award;
(d) Conditions of Contract;
(e) Instructions to Bidders;
(f) Bid Data Sheet;
(g) Specifications for products
(h) Information on Discharge Ports;
(i) Bid Form and Price Schedules;
(j) Performance Security Form;
(k) Bid Security Form.

2. Type of Sale
2.1 The Seller shall sell the products on a Delivery at Place (DAP) basis to Purchasers at the ports
of Maputo, Beira, Nacala and Pemba in Mozambique.
3. Quality
3.1 Seller shall meet the product needs of IMOPETRO as indicated hereafter, meeting the
specification indicated in Section V.
3.2 Jet has to be compliant with the latest issue of the AFQRJOS.
4. Quantity and Period of Supply
4.1 The quantity and the period of supply of products covered under this Contract is indicated below
with variations up to plus or minus 10% percent on the total contractual volumes, at

Jet 31 500
Gasoil 50ppm 668 500
4.2 The quantities above will be split between Maputo, Beira, Nacala and Pemba, always on four
port discharge basis, as it will be indicated at the time of tanker nomination.
4.3 The period of supply under this contract shall be Six (6) consecutive months starting not earlier
than 1 JULY 2018 if another date not agreed between IMOPETRO and the Seller.
4.4 The quantities of products covered under this Contract shall be specified in Metric Tons.
4.5 In no circumstances Seller shall be allowed to change any nominated delivery window provided
by Purchaser. Seller and purchaser can mutually agree a specific delivery range without
changing the nominated delivery window.
4.6 Seller and IMOPETRO shall agree to an acceptable delivery quantity and delivery window at
least thirty-five (35) calendar days in advance of the first day of the delivery window. Such
agreement on delivery quantity and period shall be subject to:
(a) prorated quantity, period of supply, and cargoes lots quantities stated in clause 4.
5. Price
5.1 The price(s) payable by the Purchasers shall be inclusive of PFOB - the FOB prices shall be:
 for the Gasoline, the average of low and high of Platt's Europe Marketscan under the
assessment heading “ Gasoline Prem Unleaded FOB Med Cargo” and code
“AAWZA00”,
 for the Jet, the Platt’s Asian Pacific /Arab Gulf Marketscan under the heading "Jet
Kero FOB Arab Gulf Cargo” and code “PJAAA00”,
 for the Gasoil 50ppm, the Platt’s Asian Pacific /Arab Gulf -Marketscan under the
heading "Gasoil FOB Arab Gulf Cargo” and code “POAAT00”.
5.2 The FOB prices (AG or MED) shall be calculated as the arithmetical average of Mean Platt's
Marketscan quotations related to the pricing month (M). The applicable pricing Month (M) shall
be the average of the month prior of the nominated month for delivery (month of the 1st day of
the delivery window indicated by IMOPETRO).
5.3 The DAP PRICE payable by IMOPETRO for each cargo shall be calculated as follows:
5.3.1 For Gasoline the value in Usd is to be Calculated based in PFOB - Usd/MT using the
expression:
DAP PRICE= P F O B X MT + PDAP X MT
 P F O B - Ave r a ge p l a t t s q uo t at i on pu bl i c a t i on ME D I TA LY o f p r i c i n g mo n t h ( M ) ,
 M T – Q u an t i t y i n M e t r i c To n s a s e xp r e s s e d in th e in s p e c t o r ’ s r e p or t a t d i sp o rt ,
 P  D A P - fi xe d un i t va l u e in u s d /M T c o ve r i n g a ll th e c o mp o n e n t s fr o m F O B to
D AP .
5.3.2 For Gasoil 50ppm the DAP PRICE in Usd is to be calculated based in PFOB - Usd/bbl
using the expression:
DAP PRICE= P F O B X bbl60F + PDAP X bbl60F
 P F O B - Ave r a ge o f t h e Ar a b i a n Gu l f M a r ke t s c a n P l a t t ’s p ub l i c a t ion s r e l a t e d t o
Th e P ri c i n g M on th ( M) ,
 b b l 6 0 F - N u mb e r o f B a r r e l s a t 60 º F ah r e nh e i t a s e xpr e s s e d in t h e i n sp e c t o r’ s
r e p o r t a t d i s po r t ,
 P  D A P - fi xe d un i t va l u e i n u s d /b bl co ve r i n g t h e c o mp o n en t s fr o m F O B t o D AP .
5.3.3 For Jet the DAP PRICE in Usd is to be calculated based in PFOB - Usd/bbl using the
expression:
DAP PRICE= PFOB X bbl60F + PDAP X BBL60F
 P F O B - Ave r a ge o f t h e Ar a b i a n Gu l f M a r ke t s c a n P l a t t ’s p ub l i c a t ion s r e l a t e d t o
Th e P ri c i n g M on th ( M) ,
 b b l 6 0 F - N u mb e r o f B a r r e l s a t 60 º F ah r e nh e i t a s e xpr e s s e d in t h e i n sp e c t o r’ s
r e p o r t a t d i s po r t,
 P  D A P - fi xe d un i t va l u e i n u s d /b bl co ve r i n g t h e c o mp o n en t s fr o m F O B t o D AP .
6. Nomination of Vessels
6.1 Seller shall provide the vessels Q88 at the vessel nomination. IMOPETRO shall confirm vessel
acceptance within 24hrs of nomination.
6.2 Seller shall nominate acceptable vessels to cause cargoes to be transported to the discharge ports
in cargo lots as described herein. Seller shall be deemed to be fully familiar with the discharge
ports conditions, restrictions, terminal procedures and requirements as detailed in Form 7. Seller
shall also be deemed to be fully aware of the minimum discharge rates at the discharge ports as
detailed in same Form 7 and the change of capacity of terminals at each port.
6.3 If Seller’s vessel does not conform to the terminal procedures or to the requirements or
regulations of governmental authorities with respect to safety, size, vessel movements,
navigation and operating standards, discharge and the like, IMOPETRO may refuse to berth or
discharge the vessels and any delays or expenses of Seller and IMOPETRO due to such non-
conformance (whether IMOPETRO so refuses or proceeds with berthing or discharge) shall be
for Seller’s account.
6.4 An accepted date range shall be determined in respect of each shipment, by narrowing the period
for discharge of the cargo at the discharge port/ports. Promptly following the entering into this
Contract, Seller shall notify IMOPETRO of the proposed date range within which each vessel
is to arrive at the discharge port/ports. The notice shall specify, as to each shipment, the
approximate amount of the cargo to be shipped, and the name of the vessel or that is “to be
nominated” (TBN). IMOPETRO shall respond promptly to each of Seller's notices as to whether
Seller’s requested date range(s) and other requests are acceptable, and, if they are not,
IMOPETRO shall propose modifications to Seller’s requests required to accommodate
IMOPETRO’s and the discharge terminal’s schedules. The parties shall consult to agree on a
mutually acceptable schedule of shipments and acceptable date range(s).
6.5 Not later than seven (7) calendar days prior to the first day of each acceptable date range, Seller
shall notify each Purchaser of the expected date of arrival of the vessel at the discharge
port/ports as well as the nominated local ship agent. Seller shall notify each Purchaser of the
name of any vessel previously advised as a “TBN” as soon as possible, but not later than (1) the
third day before the first day of the relevant accepted date range, or (2) the last day for the
naming of a vessel under terminal procedures, whichever of (1) or (2) is the earlier. After having
declared a vessel but prior to its loading from the loading port, seller may substitute another
vessel of similar class, type, size, capacity, and position, provided all other provisions hereof
are complied with and further provided that such a substitution when advised is permitted under
terminal procedures. IMOPETRO shall be entitled to reject the vessel and require that Seller
nominate a substitute vessel if it reasonably believes that the vessel in question does not conform
to safety or other operational standards of the discharge port/ports or of terminal procedures.
Seller shall provide all standard information concerning the operations, master, crew and history
of repairs to the vessels as IMOPETRO may reasonably request in order to satisfy itself as to
vessel’s acceptability as aforesaid.
6.6 All vessels nominated by Seller shall be enrolled in TOVALOP (Tanker Owners ‘Voluntary
Agreement on Liability for Oil Pollution) or have mutually acceptable equivalent oil pollution
insurance.
6.7 The local shipping agent shall be appointed by SELLER.
6.8 For all commingling cargos, IMOPETRO will be unconditionally the authorized Clearing Agent
in Mozambique.
6.9 Seller shall inform IMOPETRO of the port of loading and the cargo loading date (or B/L Date).
6.10 The Vessel shall proceed without unreasonable deviation direct from the load port to the first
discharge port and then directly to the other discharge ports. The order of discharge ports shall
be discussed between IMOPETRO and the Seller.
7. Priority on Berthing IMOPETRO Vessels
7.1 Priority of berthing for discharge shall be given to CPP vessels that shall arrive to discharge for
IMOPETRO.
7.2 IMOPETRO reserves the right to allow priority berthing in consultation with other government
authorities for national interest.
7.3 All transit cargo shall be allowed in written by IMOPETRO prior to load.

8. Cargo documentation
8.1 Purchaser shall receive by email the following documentation within three (3) Mozambican
working days after loading or vessel nomination, whichever occurs later:
(a) copy of Bill of lading,
(b) Copy of Certificate of origin,
(c) Copy of Master’s receipt of sealed samples,
(d) Copy of loadport Certificates of quality and quantity issued by a first class independent
petroleum inspector,
(e) For Jet cargoes, the RCQ = Refinery Certificate of Quality,
(f) Copy of Master’s receipt of documents,
(g) Copy of Ship’s cargo manifest,
8.2 Purchasers shall receive by email prior to discharge a copy of the disport Certificates of quality
and quantity, issued by a first-class independent petroleum inspector.
8.3 If Seller doesn’t issue documentation stated in clause 8.1 and 8.2 on time, Purchasers can reject
such nominated volume without any prejudice or negative financial impact to Purchasers. Seller
shall be in this case liable to fines and penalties as defined by CACL.
9. Verification and Measurement
9.1 Inspection report

9.1.1 Purchaser and seller to jointly appoint a mutually agreed, first class independent
inspector at discharge terminals.
9.1.2 The first class independent inspector report shall, save fraud or manifest error, be final
and binding upon both parties.
9.2 Quality determination

9.2.1 The first class independent inspector designated by IMOPETRO will ascertain or
witness quality at discharge port volumetric ship composite before discharge and in
accordance with measurement procedures mutually agreed.
9.2.2 In case of multiple discharge ports for account of IMOPETRO, then Quality
determination shall be conducted at each discharge port, always based on a volumetric
ship composite of the ship tanks to be discharged.
9.2.3 The Purchasers reserve the right to conduct random surveys / quality testing on ship
composite at disport. The Seller will be liable for any off-spec quality found. The
Purchaser can therefore hold the Seller responsible for any extra costs and consequences
that may arise from it, direct or indirect.
9.3 Quantity determination
9.3.1 Quantity determination will be based on a first-class independent inspector designated
by IMOPETRO findings at each discharge terminal in accordance with measurement
procedures mutually agreed and his report shall, save fraud or manifest error, be final
and binding upon both parties.

9.3.2 For the Gasoline, the reference density used for invoicing purpose shall be the density
of the volumetric ship composite of the ship tanks to be discharged at each discharge
port (determined as described here above).
9.3.3 Invoiced quantity shall be based on onboard vessel quantity, VEF factor to be applied,
as per the independent surveyor’s reports.
9.3.4 The Independent Inspector fees will be shared equally (50%/50%) between Seller and
Purchasers.
10. Quantity and quality Claims
10.1 Claims against Seller for shortage of quantity and defect in quality shall be through written
notices by Purchaser or IMOPETRO to the Seller, as soon as possible but in no event later than
thirty (30) days after completion of discharge of each vessel at discharge port.
11. Delivery, Title and Risk of Losses
11.1 The title and risk of the petroleum product shall pass from the Seller to Purchasers as the product
passes the vessel’s permanent flange connection at disport.
11.2 If any product to be delivered is declared by the independent inspectors nominated by
IMOPETRO as not meeting the applicable specifications, the above clause 11.1 will not produce
effect to Purchasers, and no cost should arise to Purchasers.
12. Port Charge and Taxes
12.1 All port charges, port dues and other taxes against the vessel at ports of unloading, such as
towage, pilotage and customs fees shall be borne by the Seller.
12.2 IMOPETRO clearing fees at the ports of discharge for the domestic volumes shall be borne by
the Purchasers. IMOPETRO clearing fees at the ports of discharge for the transit volumes shall
be borne by the Seller.
12.3 Purchasers shall be the importer into the country destination for the cargo delivered under this
Contract and shall be responsible for arranging and making payments for all duties, taxes, costs
for carrying out customs formalities and other official charges at the port/ports of discharge.
12.4 VAT and GST at Loadport taxes are not applicable.
12.5 Where Value Added Tax (“VAT”) or a Goods and Services Tax (“GST”) or a similar tax
becomes payable under the rules applicable at Discharge Port, the Seller shall issue a valid tax
invoice setting out such VAT, GST or similar tax and the date for its payment. Payment of such
tax shall be made to the Seller in addition to the price specified in the Special Provisions and
any duty payable and in the same manner as provided for payment of such price. Such invoice
may be rendered in either local currency of the country in which such tax is payable or, at the
Seller’s option, in the invoicing currency for the Product, converted at the appropriate exchange
rate prevailing at the date of the tax point under the relevant VAT or GST rules. Where
legislation makes provision for VAT/GST exemptions or reliefs, the parties shall make proper
use of such exemptions or reliefs and each shall render to the other any documentation required
for the same.

13. Laytime
13.1 72, 48 and 24 hours in advance of arrival, the master of the vessel shall notify IMOPETRO and
Purchasers of the Expected Time of Arrival (ETA) at the discharge port.
13.2 Any vessel delays due to failure of Master of vessel to give notice 24 hours in advance of arrival
shall not count as used laytime nor, if the vessel is on demurrage, as time on demurrage.
13.3 IMOPETRO shall be allowed 72 running hours as laytime plus six (6) hours from notice of
readiness for each port, Saturdays/Sundays and holidays included, within which to receive in
the four discharge ports, each cargo of 30 000 metric tons supplied by Seller. The vessel shall
maintain a back pressure of minimum 100 pounds per square inch at the ship’s rail provided
shore facilities permit. Laytime for part cargoes shall be the total laytime provided above,
prorated for the parcel size in question.
13.4 Any time consumed due to any of the following shall not count as used laytime or time on
demurrage (deductions):
(a) Breakdown or inability of the vessel’s facilities to discharge the cargo within the laytime
allowed to IMOPETRO;
(b) failure to discharge or delay in discharging attributable to one or more of the owner,
operator, master officers and crew of the vessel, the vessel’s agent, Seller, tug boats or
pilots;
(c) delay if due to fault of vessel, handling or shifting ballast, bilges, slops or other substances,
or bunkering not accomplished concurrently with cargo discharge operations;
(d) delay due to awaiting customs or immigration clearance of the vessel; and
(e) vessel proceeding from anchorage to discharge berth and vessel lining up
13.5 Upon arrival of the vessel at the customary anchorage for the discharge port/ports, the Master
or his representative shall tender to IMOPETRO or its agent at the discharge port/ports, Notice
of Readiness of the vessel to discharge cargo. If the vessel tenders Notice of Readiness during
its delivery range, laytime shall begin upon the expiration of 6 hours after the tendering of
Notice of Readiness, or when the vessel is all fast in the discharge berth, whichever occurs first.
Laytime shall cease and discharge shall be deemed completed upon disconnection of the
discharge hoses.
13.5.1 Since night navigation will not be possible, Notice of Readiness shall be tendered any
time between 06:00 hours and 16:00 hours, with or without access to the harbor having
been granted, berth or no berth.
13.5.2 If the vessel arrives between 16:01 hrs to 05:59 hrs, NOR tendered shall be considered
at 06:00 am of the next day. However, if vessel arrives after 16:00 hours and the Port
Authorities are agreeable to have the vessel berthed immediately. Laytime shall
commence when vessel is “all fast”.
13.5.3 For vessels arriving after 16:01 hrs of the last date of the allocated delivery range shall
be viewed as missing delivery range and the laytime will commence when the vessel is
all fast.
13.6 Vessels are expected to discharge at minimum average rates as detailed in Form 7. If vessels
are unable to pump products at those minimum average rates, laytime shall be extended
proportionately. Calculation of used Laytime/Demurrage shall take this into account.

14. Demurrage
14.1 For all time used in excess of the allowed laytime, IMOPETRO shall pay demurrage to Seller
upon IMOPETRO’s verification of Seller’s claim therefore, at the rate specified in the charter
party to Seller upon IMOPETRO’s verification of Seller’s claim therefore.
14.1.1 In no event shall IMOPETRO be liable for payment of demurrage hereunder in excess
of that amount actually paid to the vessel by Seller for demurrage related to the cargo
received by IMOPETRO.
14.1.2 In any case, the rate specified in the chart party shall never be in excess of 22 000 Usd
per day (twenty two thousand Usd per demurrage day) including the withholding tax.
14.2 Seller will provide the demurrage computation and the relevant supporting document for the
claim to buyer within thirty (30) working days after completion of discharge, date beyond which
the claim will be null and void. Referring to 14.1.1, demurrage invoice to the supplier must be
part of the supportive documents provided. The claim can neither be accepted nor revised after
this delay of thirty (30) days.
14.3 In any event, IMOPETRO and the Seller shall agree on the claim within sixty (60) calendar
days of the receipt of claim by IMOPETRO.
14.4 If demurrage shall be incurred by reason of fire, explosion, adverse weather, strike, pocketing,
lockout, stoppage or restraint of labour or other labour difficulties or disturbances, or by
breakdown of machinery or equipment in or about the plant of IMOPETRO’s discharge
terminal, the rate of demurrage shall be calculated at one half of the rate specified above.
14.5 Demurrage to be split on a pro rata basis between Purchasers and SELLER if vessel carries
transit cargo.
14.6 There shall be no demurrage claims for Vessels arriving before and or after the 5 days delivery
range, until the vessel is all fast at the berth.
14.7 The Demurrage invoice, if IMOPETRO agrees to the claim, shall be paid in U.S. dollars on the
payment date of the invoice related to delivered product.
15. Direct cargo financing scheme
15.1 Proforma invoice (PFI)

15.1.1 The Proforma invoices shall be issued directly to every Purchaser (OMC) at the latest
15 calendar days prior to the first day of each acceptable date range.
15.1.2 For the purpose of issuing Letter of Credits, if it is the case, Seller shall issue directly
to every Purchaser a Proforma invoice for its individual nominated volume for each
delivery date range (per laycan), per grade based on a provisional price.
15.1.3 Whenever possible, the provisional price will be calculated as for the final invoice:
15.1.3.1 For PFIs issued on M-1, the provisional price shall be calculated as 103% of
the arithmetical average of the first ten (10) mean quotations published by
Platt's Marketscan on the month “M-1” where the month “M” is the nominated
month of delivery.
15.1.3.2 For PFIs issued on month “M”, the price shall be calculated as 101.5% of the
arithmetical average of mean quotations published by Platt's Marketscan on
the month “M-1” where the month “M” is the nominated month of delivery.
15.1.4 For each day of delay of issuing the PFI, Purchasers will be entitled to apply to Seller a
penalty of 10,000 (ten thousands) USD/day.
15.1.5 The Purchaser shall not be held responsible for any delays in opening the LC if such
delays have been caused by the Seller’s failure to send the needed documents as listed
under clause 15. In such case the Seller shall be liable to fines and penalties as defined
by CACL.
15.2 Letter of Credit
15.2.1 Seller shall provide a list of not less than 5 acceptable banks before signing the contract
as provided in the Notice of Award.
15.2.2 Each Purchaser is requested to present a letter of credit or another financing instrument
at the purchaser’s option, accepted by the Seller. In the case of a letter of credit, that
one shall be issued by a first-class bank acceptable to the seller, at least four (4) business
days before the first day of the agreed delivery window of the first discharge port in
Mozambique. Seller will have 4 working days for confirming the issued Letter of
Credits.
15.2.3 Guarantees shall remain valid for not more than hundred (100) calendar days from LC
issuance date. All normal costs connected with the letter of credit, including
establishing, advising, negotiating and confirmation, shall be for Purchasers’ account.
15.2.4 Any and all costs or charges or penalties resulting from delays in berthing caused by
any Purchaser not having settled or performed the required procedures with Seller will
be solely payable by such Purchaser.
15.2.5 The Seller shall discharge without any delay any parcels for Purchaser having issued
their LC on time or other form acceptable by the Seller.
15.3 Prepayment and use of other financing instruments
15.3.1 In case of a prepayment or utilization of other financing instruments negotiated between
a Purchaser and the Seller and accepted by them, the Purchaser shall, upon receipt of
the PFI, notify the Seller and IMOPETRO on its intentions.
15.3.2 Any Purchaser who shall prefer to make pre-payment shall effect payments latest 5
working days before the first day of the nominated delivery date range(s) of the first
discharge port in Mozambique, based on 100% proforma invoice (PFI) as issued by the
Seller whichever.
15.3.3 Differences may be occurring between paid quantities and actual delivered quantities.
In such cases, differences will be settled based on outturn figures of the independent
inspector report at the receiving terminal.
15.3.4 The Seller shall discharge without any delay any parcels for Purchaser having prepaid.
15.4 Payment
15.4.1 Invoices shall be raised for DAP price i.e., FOB component plus DAP premiums as
stipulated in this contract.
15.4.2 Payment of each shipment to be delivered hereunder shall be made in U.S. Dollars
within seventy-five (75) calendar days from the Date Of Completion (COD) of the
vessel, meaning the date of completion of discharge at last port of discharge for each
cargo at Mozambique, but not later than ninety (90) calendar days after the date of
issuance of the relative Letter of Credit. For the avoidance of doubt, the payment due
date of a cargo shall always be either seventy-five (75) calendar days after the Date Of
Completion or ninety (90) calendar days after the date of issuance of the relative Letter
of Credit whichever occurs earlier.
15.4.3 If the due date falls on a Bank holiday, the payment shall be due on the following
business day.
15.4.4 Payment shall be made against Seller’s draft drawn on the confirming bank for one
invoice and full set of original shipping documents.
15.4.5 In the event that the above documents are not available in the due date, payment shall
be made against Seller’s invoice and seller’s letter of indemnity.
15.4.6 Seller to provide final commercial invoice to the Purchasers within seven (7) working
days from the date of completion of vessel discharge, or three (3) working days after
completion of pricing, whichever occurs first.
15.4.7 Any amount not paid when due shall bear interest from the due date at a rate equal to
monthly Libor plus two (2) percent, prorated, for each day payment is delayed. In no
event shall the Seller be obliged to continue with the supplies of additional cargo
covered under this Contract if the payment for any cargo is late, for any reason, by more
than fifteen (15) calendar days.
15.5 LC or prepayment delay
15.5.1 A Purchaser who delays to open LC or prepay, if it is the case, as stipulated in this
contract shall be liable to pay to Seller a daily penalty equivalent to the demurrage rate
stipulated in the chart-party provided by the Seller, until LC or prepayment is fulfilled.
This amount will be subject to withholding tax to the Seller party’s account.
15.5.2 By the day prior of the date of discharge, if a Purchaser fails to open the required LC or
prepay, then the following procedure shall apply in seller’s option:
- The Seller, in consultation with IMOPETRO, has the right to dispose the batch, and
cancel the delivery to the defaulting Purchaser (which would extinguish all pertaining
contractual obligations and remedies of the parties related to the cancelled quantities),
Or otherwise
- The Seller may discharge the quantities of the defaulting Purchasers, under financial
hold, into any storage facility acceptable to the Seller, subject to the approval of such
storage facility.
15.6 Ullage default
15.6.1 In the event of the Purchaser’s failure to create sufficient ullage to receive the ordered
product, the Seller may discharge the quantities of the defaulting Purchasers, under
financial hold, into to any storage facility acceptable to the Seller, subject to the
approval of such storage facility.
15.6.2 In the event the seller does not find available ullage to accommodate the Purchaser’s
product, the said Purchaser shall bear, in full, all associated costs including but not
limited to demurrage, provided that the nominated delivery range at such port has been
respected.
15.7 Payment delay / default or ullage default
15.7.1 Before signing the contract as provided in the Notice of Award, IMOPETRO shall
indicate at least three (3) acceptable terminals in Mozambique, to discharge the product
at least in Matola and Beira, and Nacala or Pemba.
15.7.2 Where a Purchaser’s product has been offloaded to a terminal acceptable by the Seller
for delay in providing LC or delay in making pre-payments under the provisions of the
above clauses,
15.7.2.1 the product shall be so offloaded under the Seller’s Name, the Seller shall
always be liable to pay fully for storage at the rate and terms provided by the
receiving terminal up to the Seller recovery this amount from the Purchaser.
15.7.2.2 the receiving terminal shall issue a holding certificate to the Seller with copy
to IMOPETRO. The Holding certificate shall state and guarantee that no
product will be released without written confirmation from the Seller.

15.7.2.3 The Purchaser shall be required to make necessary payments or open LC and
take possession of his product within 5 calendar days from the date the
completion of discharge.
15.7.3 Upon receipt of the funds or of the LC and or storage fees and penalty fees the Seller
shall release the product to the Purchaser.
15.7.4 The defaulting Purchaser who shall not settle his dues as stated under clause 15 within
5 (five) calendar days from COD shall be liable to fines and penalties to be defined by
CACL.
15.7.5 All costs incurred by the Seller as a result of the default by a Particular Purchaser shall
be settled by bank transfer to the Seller by the Defaulting Purchaser, without prejudice
to the Seller’s rights and/or Seller further claims for damages from the Purchaser.
15.7.6 In the event that the Purchaser has paid taxes but has not opened LC the Seller shall
continue to have rights (including right to dispose the product) over the product on
financial hold until the time when the product has been paid for.
16. Price disruption clause
16.1 If a price disruption occurs, the parties shall promptly consult with one another upon the written
request of either party in order to negotiate in good faith to select an alternative quotation for
the purposes of the price clause herein.
16.2 In case the Purchaser and the seller fail to reach an agreement on an alternative quotation on or
before the tenth business day in London following receipt of the written request to negotiate,
either party shall have the right to terminate this agreement by written notice to the other party
without liability save in respect of previously accrued rights.
16.3 As used herein, 'price disruption' shall mean: the publication referred to in the price clause
ceases to publish the relevant quotation, or a material change occurs (a) in the formula for or
the method of calculating the quotation, or (b) in the composition or specifications of the
commodity referred to in the quotation.
17. Delayed deliveries penalty
17.1 If the Seller fails to supply goods within the specified period in the Agreement:
17.1.1 IMOPETRO shall without prejudice to its remedies under the agreement deduct from
the invoice as liquidated damages 2% per week of the delay for delayed ships at a
maximum limit of 10%
17.1.2 Without prejudice to the above remedies, IMOPETRO may consider termination of
contract;
17.1.3 IMOPETRO may at its discretion source substitute cargos from the market to prevent
the country from stocking out; any premium paid for substitute cargos over the contract
price will be recovered from the Performance Bond.
18. Purchaser’s Default
18.1 Should a Purchaser fail to take any delivery of the Product(s) deliverable under the terms of the
Agreement through the Purchaser’s own fault, and such failure is not excused under any other
provision of the Agreement, Seller shall in addition to any other legal remedies it may have, be
entitled to sell Product(s) comprised in such delivery to the Purchaser’s account in a private or

public sale after fifteen (15) days’ notice to the Purchaser and the price so obtained shall be
deemed conclusively the best price which Seller could obtain.
18.2 From such price shall be deducted Seller’s expenses incurred through Purchaser’s failure to take
delivery, and the remainder shall be applied towards the price(s) mentioned in Clause 5 of this
Agreement and Purchaser shall pay to Seller the balance, if any, of such price(s) within thirty
(30) days of date of Seller’s invoice.
18.3 Without prejudice to the terms and conditions of Clause 17 hereof defining grounds for claim
of Force Majeure, it is further agreed that Seller shall not be liable for any loss, claims or
demands of any nature whatsoever or be deemed in breach of the Agreement because of any
delay or failure in observing or performing any of the conditions or provisions of the Agreement
if such delay or failure is caused by or arises out of any action or order direct or indirect of the
Government of IMOPETRO country or any IMOPETRO thereof.
18.4 The defaulting purchaser(s) liable for such costs shall be agreed upon between the Seller and
the Purchaser(s), such agreement shall not to be unreasonably withheld. The payment due date
for such additional costs will be 5 calendar days after the invoicing date (either proforma or
final invoice) and late payment interest will be charged in line with clause 15 for any delays.
19. Governing Law and Settlement of Disputes
19.1 English Law shall govern this contract. Disputes that cannot be solved amicably shall be settled
under the rule of conciliation and arbitration of London high court jurisdiction
20. Language
20.1 The Contract shall be written in English, and that language version of the Contract shall govern
in its implementation.
21. Waiver and Non-Assignability
21.1 Waiver by one party of the other’s breach of any provision of this Contract shall not be deemed
a waiver of any subsequent or continuing breach of such provision or of the breach of any other
provision or provisions thereof. This Contract shall not be assigned, in whole or in part, by
either party without the written consent of the other, which shall not be unreasonably withheld,
except that Seller and IMOPETRO may assign this Contract to any wholly owned affiliate,
provided that any such assignment shall not release the assigning party of any of its obligations
hereunder.
22. Performance Security, Notice of Award and Agreement Signing
22.1 The Notice of Award from IMOPETRO to Seller is attached to and made part of this contract
as Form 3.
22.2 Within seven (7) calendar days of the receipt of notification of award from IMOPETRO, the
successful bidder shall activate the Performance Security, as shown in Form 4, in the form of a
Letter of Credit, in a form acceptable to IMOPETRO, for an amount of twenty (20) Million U.S.
dollar.
22.3 The Performance Security Bond shall be used by IMOPETRO to compensate any affected party
for any loss resulting from the Seller’s failure to complete its obligations under the Contract.

23. Force Majeure
23.1 The Parties shall not be liable for any loss, claims or demands of any nature whatsoever and
shall not be deemed in breach of the Agreement because of any delay or failure in observing of
performing any of the conditions or provisions hereof, if such delay or failure is caused by, or
arises out of any circumstances whatsoever, beyond the Parties control, including (but without
limiting the generality of the foregoing) declared or undeclared war, sabotage, blockage,
revolution, police action, riots or disorder, embargoes or trade restrictions of any sort,
government or quasi government action, acts of God, fire, floods, earthquakes, storms, tides or
tidal waves, explosion, accident, radiation, strike, lockouts, or other labour disputes or disasters.
23.2 If by reason or by cause beyond the control of seller there is curtailment or suspension of
availability of the product the Seller be at liberty to withhold, reduce or suspend of deliveries
hereunder to the extent that Seller considers reasonable and equitable and Seller shall not be
bound to acquire by IMOPETRO or otherwise additional quantities from other Sellers.
23.3 In so far as any of the above causes shall prevent Purchaser from accepting any delivery under
the Agreement, IMOPETRO shall be excused from acceptance of, or payment for such delivery.
24. Hardship
24.1 In the event that during the period of the Agreement, the general situation and/or the data on
which the Agreement is based are substantially changed so that either party suffers severe and
unforeseeable hardship, the parties by mutual agreement agree to review the Agreement as
justified by circumstances which could not reasonably be seen, as of the date on which the
Agreement was entered into, in order to restore the equitable character of the Agreement.
25. Notices and Communication
25.1 All documentation between Seller and Purchasers shall be coordinated by Imopetro (orders,
PFIs, invoices, Letter of Credits, additional costs, etc) apart from the payments of the invoices
which must be done directly to the Seller.
25.2 Direct communication will be possible in case either the Seller or the Purchaser requests so.
The address, telex number, facsimile number and cable address for this purpose are:
1. For IMOPETRO:
IMOPETRO – Importadora Moçambicana de Petróleos
Rua da Imprensa nr.256 - 4th floor – 403/406
Caixa Postal 1412
Fax Nr: 258 21302278
Telephone 258 21302190/21302246
E-mail: imopetro@imopetro.co.mz
Maputo, Moçambique
2. For the Seller:

[Specify Seller’s address, telex/facsimile numbers(s) and cable address.]

26. Facilitation Payments and Anti-Corruption
26.1 The Purchaser and the Seller each agree and undertake to the other that in connection with this
Agreement, they will each respectively comply with all Applicable Law(s), rules, regulations,
decrees and/or official government orders of the United Kingdom and the United States of
America or any other relevant jurisdiction relating to anti-bribery and anti-money laundering
and that they shall each respectively take no action which would subject the other to fines or
penalties under such laws, regulations rules or requirements.
26.2 The Purchaser and the Seller each represent, warrant and undertake to the other that they shall
not, directly or indirectly:
i) Pay, offer, give or promise to pay or authorize the payment of any monies or the transfer
of any financial or other advantage or other things of value to:
(a) A government official or an officer or employee of a government or any department,
IMOPETRO or instrumentality of any government;
(b) An officer or employee of a public international organization;
(c) Any person acting in an official capacity for or on behalf of any government or
department, IMOPETRO, or instrumentality of such government or of any public
international organization;
(d) Any political party or official thereof, or any candidate for political office;
(e) Any director, officer, employee or agent/representative of an actual or prospective
counterparty, Seller, or customer of Purchaser or Seller; or
(f) Any other person, individual or entity at the suggestion, request or direction or for
the benefit of any of the above-described persons and entities, or
ii) Engage in other acts or transactions
in each case if this is in violation of or inconsistent with the anti-bribery or anti-money
laundering legislation of any government, including without limitation, the U.S. Foreign
Corrupt Practices Act, the UK Bribery Act 2010, the U.K. Anti-Terrorism, Crime and Security
Act 2001, the Money Laundering Regulations 2007 and the Proceeds of Crime Act 2002 and
the applicable country legislation implementing the OECD Convention on Combating Bribery
of Foreign Public Officials in International Business Transactions.
26.3 In particular, the Seller represents and warrants to the Purchaser that it has not made any
payments or given anything of value to officials, officers or employees of the government of
the country in which the Crude Oil or Product originated or any IMOPETRO, department or
instrumentality of such government in connection with the Crude Oil or Product which is the
subject of the Agreement which would be inconsistent with or contravene any of the above
referenced legislation.
26.4 The Purchaser or the Seller may terminate the Agreement forthwith upon written notice to the
other at any time, if in their reasonable judgement the other is in breach of any of the above
representations, warranties or undertakings.
27. Sanctions, Trade Control and Boycotts:
Notwithstanding anything to the contrary elsewhere in the Agreement:

27.1 Nothing in the Agreement is intended, and nothing herein should be interpreted or construed, to
induce or require either party hereto to act in any manner (including failing to take any actions
in connection with a transaction) which is inconsistent with, penalised or prohibited under any
laws, regulations, decrees, ordinance, order, demand, request, rules or requirements of the

United States of America applicable to such party which relate to international boycotts of any
type; and
27.2 Neither party shall be obliged to perform any obligation otherwise required by this Agreement
(including without limitation an obligation to (a) perform, deliver, accept, sell, purchase, pay or
receive monies to, from, or through a person or entity, or (b) engage in any other acts) if this
would be in violation of, inconsistent with, or expose such party to punitive measure under, any
laws, regulations, decrees, ordinances, orders, demands, requests, rules or requirements of the
European Union, any EU member state, the United Nations or the United States of America
applicable to the parties relating to trade sanctions, foreign trade controls, export controls, non-
proliferation, anti-terrorism and similar laws (the “Trade Restrictions”).
27.3 Where any performance by a party would be in violation of, inconsistent with, or expose such
party to punitive measures under, the Trade Restrictions, such party (the “Affected Party”) shall,
as soon as reasonably practicable give written notice to the other party of its inability to perform.
Once such notice has been given the Affected Party shall be entitled:
(i) To immediately suspend the affected obligation (whether payment or performance) until
such time as the Affected Party may lawfully discharge such obligation; and/or
(ii) where the inability to discharge the obligation continues (or is reasonably expected to
continue) until the end of the contractual time for discharge thereof, to a full release from
the affected obligation, provided that where the relevant obligation relates to payment for
goods which have already been delivered, the affected payment obligation shall remain
suspended (without prejudice to the accrual of any interest on an outstanding payment
amount) until such time as the Affected Party may lawfully resume payment; and/or
(iii) Where the obligation affected is acceptance of the vessel, to require the other party to
nominate an alternative vessel;
In each case without any liability whatsoever (including but not limited to any damages for
breach of contract, penalties, costs, fees and expenses).
27.4 Nothing in this Section shall be taken to limit or prevent the operation, where available under
the governing law of the Agreement, of any doctrine analogous to the English Common Law
doctrine of frustration.
28. Limitation of Liabilities
28.1 Except as specifically provided in the Special Provisions , in no event, including the negligent
act or omission on its part, shall either party be liable to the other, whether under the Agreement
or otherwise in connection with it, in contract, tort, breach of statutory duty or otherwise, in
respect of any indirect or consequential losses or expenses including (without limitation) if and
to the extent that they might otherwise not constitute indirect or consequential losses or
expenses, loss of anticipated profits, plant shut-down or reduced production, loss of power
generation, blackouts or electrical shutdown or reduction, goodwill, use, market reputation,
business receipts or contracts or commercial opportunities, whether or not foreseeable.
28.2 The provision of this sub-section shall continue to apply notwithstanding the termination or
expiry of the Agreement for any reason whatsoever.
28.3 Without derogating from other provisions elsewhere in this Agreement requiring compliance
within a given period, all of which shall remain in full force and effect, any legal proceedings
in respect of any claim or dispute arising hereunder shall be submitted in writing to the other
party (accompanied by evidence fully supporting the claim) within 1 year of the date of the
alleged occurrence and, failing such notice (and supporting evidence), any liability of the other
party shall be extinguished.

29. Entry into Force
29.1 IMOPETRO shall fix the date on which the contract is to commence and advise the Seller of
such date in the Notice of Award to the Successful Bidder.
29.2 The Agreement shall automatically lapse at completion of all obligations by both Parties.
29.3 The date for commencement of the Agreement shall not be later than five calendar days from
the date when the Performance Security is in force.
29.4 In Witness whereof the parties have respectively caused this Contract to be executed in duplicate
on the date indicated hereunder.

For IMOPETRO: For the Seller:
Date: Date:
Witnessed by: Witnessed by:
Date: Date:
For PETROMOC: For TOTAL:
Date: Date:
Date: Date:
For PETROGAL: For BP:
Date: Date:
Date: Date:

For PUMA: For ENGEN:
Date: Date:
Date: Date:
For GLENCORE: For PESS:
Date: Date:
Date: Date:
For MOZTOP: For IPM:
Date: Date:
Date: Date:

For ENER INVESTMENTS: For EXOR:
Date: Date:
Date: Date:
For AFRICAN PETROLEUM: For PETRODA MOZAMBIQUE:
Date: Date:
Date: Date:
For PETROMOC BUNKERING: For MOUHADJI CARLITOS:
Date: Date:
Date: Date:

For MOUNT MERU PETROLEUM: For CAMEL OIL LIMITADA:
Date: Date:
Date: Date:

Section V. Specification for Products

ANNEX II
FE- G
Fuel Specifications
Date: 2017
Page: 1 of 3
REPUBLIC OF
Unleaded Gasoline 95
MOZAMBIQUE (Metal Free)
Limits
Specifications Unit Min. Max. Method *)
Density @15°C ………………………… To be reported (a)
ASTM D4052/ISO3675
Kg/l
/ ISO 12185 ASTM
Density @20°C ………………….……. 0,7100 0,7600 D1298
Kg/l
Clear, free water ASTM D 4176/ or Visual

Appearance - Inspection
…………………………………… or particular matter
Colour To be reported Visual
RON (Research Octane Number)……… 95 ASTM D2699/ ISO5164

IP 237
85 ASTM D2700/ ISO5163
MON (Motor Octane Number)………
IP236
…………….
ASTM D1266/ ASTM
D2622/
ASTM D3120 / ASTM
Total Sulphur Content ppm 50 D5453/
ASTM D4294/
ISO20846/
ISO20884
Electrical conductivity To be reported ASTM D2624/ISO 6297
-
1
Copper Corrosion (3hs @)50°C) ASTM D130/ISO 2160
ASTM D525/
Oxidation Stability Minutes 360 ISO7536/IP 40
ASTM D3237/ ASTM

Lead Content gPb/1 0,008 D5059/ASTM D3348/
ISO(EN) 237
ASTM D 7111/ ASTM
Metal Content (Fe, and others) (b) 1,0 or below D3605
Phosphorus Content (P) detection ASTM D 3231
limit
Manganese Content (Mn) ppm ASTM D3831
Potassium (K) IP 456/EN14538
Oxygen Content 2.8 ASTM D 4815 ISO (EN)
%m/m
13132/ ISO 22854/
Ethanol (c) (c)
%V/V EN1601

ANNEX
FS-G
Fuel Specifications
Edition 01
Unleaded Gasoline 95 Date: 2017

REPUBLIC OF (Metal Free) Page: 2 of 3
MOZAMBIQUE
Limits
Specifications Unit Min. Max. Method *)
Methanol 0 below ASTM D 1298
detection
ASTM D 4052
%v/v limit
ISO 3675
Ether Content %v/v 15 ISO 12185
ASTM D1319/ASTM
Aromatics Content …………… %v/v D6839/ ASTM
35
D5443/ASTM D5580/
ISO 3837/
ISO(EN)14517
Benzene Content %v/v 3 ASTM D6 277/ASTM
D5443//ASTM D
5580/ASTM D3606/
ASTM D6 730/ISO (EN)
14517/ ISO(EN) 238/
EN 12177
Water Tolerance %v/v Pass SANS 1598:2004 edition
1.5
Olefin Content %v/v 18 ASTM D1319/ISO3837/
ASTMD5580/ASTM
D5443
Destillation:
10% evaporated and Collected (T10) 65
50% evaporated and Collected (T50) 77 115

°C
90% evaporated and Collected (T90) 130 185
ASTM D86/ISO3405/
ISO3924
End-Point 1 210
% evaporated and collected @70% °C (E70) % To be reported
To be reported
% evaporated and collected @100°C (E100) %
% evaporated @180% °C (E180) % To be reported
Residues and distillation losses % 2

Destillation Index (DN):
- From 1st of April to 31st September 560 Calculated d)
- From 1st of October to 31st of March 570

ATTACHMENT II
Fuel Specifications
Date: 2016
Page: 3 of 3
Unleaded Gasoline 95
THE REPUBLIC OF
MOZAMBIQUE (Metal Free)
Limits
Specifications Unit Min. Max. Method*)
ASTM D5191/ASTM D323
Vapour pressure @37.8 °C kPa 45 75
(Alcohol Free) or ASTM
D4953 (oxygenated) EN
13016/IP69
mg/100m - 5 ASTM
l 381/ISO6246
Washed gums
Injector cleanliness % flow 10 ASTM D6421
loss
Total Acidity mg 0.0 ASTM D3242/ ASTM
KOH/g 3 D974/IP354/IP139
only for oxygenated
gasoline.
Footnotes:
Footnotes:
*) In case of difference, the first test method indicated should serve as a reference.
(a) The density at 15oC will be determined by conversion through Conversion Tables ISO 91-
2 or according to the IP Petroleum Measurement Paper no. 3
(b) No metal should exceed 1 ppm.
(c) In case of Gasoline imported to the country, must be zero or below the limit of detection
of the indicated method. For sales in Mozambican, the increase of ethanol up to a limit of 5%
in volume or in accordance with the specific regulations in force on the matter will be allowed.
(d) D.I. (Distillation Index) = (1.5 * T10) + (3 * T50) + T90 + (11 * mass % of oxygen);
temperatures are in degrees Celsius. [Note: The correction for oxygen does not apply if it comes
from ethers].

SPECIFICATION
PMO / 410
J E T A1
Issue 8
January 1995
PROPERTY UNITS TEST METHOD LIMITS
Density at 15C ........... kg/m3 ASTM D 1298/IP 160 775 / 840
Distillation: ASTM D 86/IP 123

Initial Boiling Point ... C Report
10% recovered .......... C Max 205
20% " ........... C Report
50% " ........... C Report
90% " ........... C Report
End point.............. C Max 300,0
Residue ................ % vol Max 1,5
Loss .................. % vol Max 1,5
Flash Point............... IP 170 Min 38,0

C
Sulphur, total............ ASTM D 1266/IP 107 Max 0,30
% mass
Doctor Test.............. ASTM D 4952 NEGATIVE
OR
Sulphur, mercaptan........ ASTM D 3227/IP 342 Max 0,0030
% mass
Aromatics................ ASTM D 1319/IP 156 Max 22,0
% vol
Olefins.................. ASTM D 1319/IP 156 Max 5,0
% vol
Total acidity............. ASTM D 3242/IP 354 Max 0,015
mgKOH/g
Freezing point........... ASTM D 2386/IP 16 Max -47,0
C ASTM D 445/IP 71
Viscosity at -20C ....... Max 8,0
cSt ASTM D 3338
Specific energy, net,(caLC/BG) Smoke Min 42,8
MJ/kg ASTM D 1322/IP 57
point .............. Min 25,0
Mm ASTM D 130/IP 154
Corrosion,Copper,2h at 100C Max n1
Corrosion,Silver,4h at 50C IP 227 Max n2
Thermal Stabiity (JFTOT), ASTM D 3241/IP 323

Control temp.= 260C:
Filter Press.Differ. .... mm Hg Max 25,0
Tube deposit rating (visual) . 3, no"Peacock" or
"Abnormal" colour
deposits
ASTM D 381/IP 131
Existent gum ............. mg/100ml Max 7
1995.01.31 Proj: RVT/RSL Aprov: Supers. Issue 7/1991 Page 1 de 2
SPECIFICATION

J E T A1 PMO / 410
to be compliant with latest issue of AFQRJOS
Issue 8
January 1995
PROPERTY UNITS TEST METHOD LIMITS

Water reaction: ASTM D 1094/IP 289
Interface rating......... Max 1b
Microseparom.(MSEP),ratings ASTM D 3948

With static dissipator... Min 70
Without static dissipator. Min 85
Electrical conductivity.... pS/m ASTM D 2624/IP 274 50 / 450

(At the point,time and temperat. of
delivery to the user)
Additives :
Antioxidant:
In Hydroproc.Fuels (Mandatory).
In Non-hydrop.Fuels (Optional). mg/l mg/l 17,0/24,0
Max 24,0
Metal deactivator (Optional) mg/l
Max 5,7
Static dissipator (Mandatory):
1st doping ASA 3 ...... or STADIS
– 450 ......
mg/l mg/l
Appearance................. Max 1,0
Max 3,0
Clear, bright and

visually free from
solid matter and
undissolved water at
normal ambient
temperat.
REMARKS: This specification complies with the Jet A1 specification contained in the AFQRJOS-Joint
Fuelling System Check List latested Issued, which embodies the most stringent requirements of Defense
Standard 91-91/ latest Issues and ASTM D 1655 latest Issued. The check list shall be updated during the
supplies if a new one issued.
1995.01.31 Proj: RVT/RSL Aprov: Supers. Issue 7/1991 Page 2 de 2

ANNEX V
FE - D
Fuel Specifications
Edition: 01
Date: 2017
REPUBLIC OF DIESEL 50ppm Page: 1 of 3
MOZAMBIQUE
Limits
Density @15°C ………………………… To be To be IP235 D1298/ ASTM
reported reported
D4052/ ISO3675/
Kg/l (a)
ISO12185
Density @20°C ………………….……. 0,8150 0,8470
Clean and bright, free water

ASTM D 4176 or visual
Appearance - or particulate
inspection
……………………………………
Cetane Index(b)……………………………. 48 (45) ASTM D4737/ ASTM
D976 ISO4264
Cetane Number(b) 48 ASTM D613/ ASTM

……………………………. D6890/
ASTM D7170
ASTM D7668
ISO5165/
IP41
Kinematic Viscosity @40°C cSt 2.200 4.500

ASTM
………………….
445/ASTMD7042
ISO3104
Sulphur Content …………….……….. ASTM D5453/
ppm - 50 ASTM D4294/
ISO20846/
ISO20884
Copper corrosion ……………………… - - 1 ASTM D130/ISO2160
Oxidation Stability ………………………. mg/100 ml - 2 ASTM
D2274/ISO12205
CECFO6-A/ASTM
Lubricity @60°C µm - 460 D7688/ASTM D6079/
……………………………. ISO12156-1.3
ASTM D7371/EN
14078/
Content of EMAG (Fatty Acid Methyl Ester) %V/V
- undetectable
by volume (C)
…………………………………

ANNEX V
FE - D
Fuel Specifications
Edition: 01
Date: 2017
DIESEL 50ppm Page: 2 of 3
REPUBLIC OF
MOZAMBIQUE
Limits
Specifications Unit Min. Max. Method
Flash point …………………………………… °C 60 ASTM D93/ISO2719
ASTM D6371/ IP 309

Filterability limit temperature:
-
°C EN116
- From 1st of April to 31st September …….. -4
- From 1st of October to 31st of March …… 3
Ash Content ………………………. %m/m - 0.01 ASTM D482/ISO 6245
Water content ………………………………. mg/kg 200 IP438/

ASTM D6304/
ASTM D4377/
ISO12937/
IP356/
Total Acid number mg KOH/g 0.08
ASTM D974/ASTM
D664/ISO 6618
Destillation: ASTM D86/
- T90 (90% evaporated and collected)….. °C - ASTM D2887/
ISO 3405/
- T95 (95% evaporated and collected)…… 360 ISO3924/
- Final Point …………………………….. To be

reported
Cloud-point °C 2 ASTM D2500/
ASTM D5771/
ASTM D5772/
ASTM D5773/
ISO3015/IP219
Carbon Residue %m/m 0.2 ASTM D524/

ASTM D4530/
ISO 10370
Total contamination IP440/

mg/kg - 24 ASTM D6217/
ASTM D7321/
EN 12662

ANNEX V
FE - D
Fuel Specifications
Edition: 01
Date: 2017
REPUBLIC OF DIESEL 50ppm Page: 3 of 3
MOZAMBIQUE
Limits
Electrical conductivity pS/m 100 ASTM D2624
Footnotes:
*) In case of difference, the first test method indicated should serve as a reference.
(a) The density at 15oC will be determined by conversion through Conversion Tables ISO 91-
2 or according to the IP Petroleum Measurement Paper no. 3
(b) The demonstration of compliance with only one of the characteristics is sufficient: The
cetane number or cetane index. If cetane improving additives are used, the cetane number
should be greater than or equal to the value in parenthesis (45).
(c) FAME (Fatty Acid Methyl Esters) which is part of the composition of Biodiesel.
In case of diesel imported to the country, the FAME content in % by volume will be zero or
below the limit of detection by the indicated method. For sales in Mozambique, the increase of
biodiesel in accordance with standards EN 14214 / ASTM D6751, up to a maximum of 5% by
volume or in accordance with the specific regulations on the matter, will be allowed.

Section VI. Sample Forms

SECTION VI. SAMPLE FORMS 52

FORM 1 - BID FORM & PRICE SCHEDULES 54
FORM 2 - BID SECURITY FORM 56
FORM 3 - CONTRACT FORM 57
FORM 4 - PERFORMANCE SECURITY FORM 58
FORM 5 - IMOPETRO’S NOTICE OF A AWARD TO SUCCESSFUL BIDDER 59
FORM 6 - SELLER’S ACKNOWLEDGMENT OF NOTICE OF AWARD 60
FORM 7 - INFORMATION ON DISCHARGE PORT/PORTS 61

SUPPLY OF PRODUCTS
FORM 1 - BID FORM & PRICE SCHEDULES
Gasoil 50 ppm, Gasoline, Jet

Maputo, Beira, Nacala, Pemba
(MT in Air)
1. Bid closing date and time [xx/xx/2018 at10H00]

2. Bid opening date and time [xx/xx/2018 at10H15]
3. Tanker size [Medium Range]
4. Currency of bid [in U.S. dollars]
5. PDAP – Total FOB to DAP components [in USD/MT for gasoline, in USD/bbl for Jet and Diesel]
6. Payment terms, Credit period [specify ninety (75) days of COD but not later than ninety-
nine (99) calendar days after the date of issuance of the
relative Bank Guarantee]
7. Compliance with IMOPETRO’s specifications and terms and conditions
8. Bid validity period [Bidder to provide.]
Commissions or gratuities, if any, paid or to be paid by us to agents to this Bid, and to contract
execution if we are awarded the contract, are listed below
[Name and address of agent] [Amount and Currency]

___________________________ _________________________
___________________________ _________________________
___________________________ _________________________
(If none, state “none”)
Having examined the Bidding Documents and all attachments thereof, we, the undersigned, undertake to
supply and transport the oil as per quality and quantity specified in Clause 2 and 3 of CC of the Draft
Contract included in the Bidding Documents. We understand that IMOPETRO is not bound to accept the
lowest or any bid received.
Dated this _______________________________________________________________

________________________________________________________________________
[Signature for and on behalf of Manufacturer]
________________________________________________________________________
[In the capacity of]
Authorized to sign bid for and on behalf of______________________________________

REMARKS RELEVANT TO BID FORM
For the purpose of comparison and evaluation of bids, the FOB price shall be based on average price as
given on Platt’s Oilgram quotation for the bid opening date. Payments will be made as per Clause 15 of
the Draft Contract attached. If on the date of bid opening Platt’s spot prices are not published, then the
last price publication prior to that date shall be applied.
The Bidders must note that no modifications will be permitted to the terms and conditions of the bidding
document/Draft Contract either through the bid form or stipulation elsewhere in the bid including
conditions of letter of Credit, bid security or performance security. Any bid deviating to these provisions
will be treated as non-responsive and rejected.

SUPPLY OF PRODUCTS
FORM 2 - BID SECURITY FORM

MUST BE SIGNED AND DATED FOR VALIDITY
Whereas [name of the Bidder] (hereinafter called “the Bidder”) has submitted its bid dated [date of
submission of bid] for the supply of [name and/or description of the goods] (hereinafter called “the Bid”).
KNOW ALL PEOPLE by these presents that we [name of bank] of [name of country], having our
registered office at [address of bank] (hereinafter called “the Bank”) are bound unto [name of IMOPETRO]
(hereinafter called “IMOPETRO”) in the sum of [amount in words and figures] for which payment well
and truly to be made to the said IMOPETRO, the bank binds itself, its successors and assigns by these
presents. Sealed with the Common Seal of the Bank this ______ day of ________________ 20 ___.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws its Bid during the period of bid validity by the Bidder on the Bid Form; or
2. If the Bidder, having been notified of the acceptance of its bid by IMOPETRO during the period of
bid validity:
(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security, an accordance with the instructions
to Bidders;
We undertake to pay to IMOPETRO up to the above amount upon receipt of its written demand, without
IMOPETRO having to substantiate its demand, provided that in its demand IMOPETRO will note that the
amount claimed by it is due to it owing to the occurrence of one or both of the above two conditions,
specifying the occurred condition or conditions.
This guarantee will remain in force up to and including thirty (30) calendar days after the period of the bid
validity, and any demand in respect thereof should reach the bank not later than the above date.
_________________________
[Signature of the bank]

SUPPLY OF PRODUCTS
FORM 3 - CONTRACT FORM
THIS AGREEMENT made the ___ day of _________, 20_____ between [name of IMOPETRO] of
[country of IMOPETRO] (hereinafter called “IMOPETRO”) of the one part and [name of Seller] of [city
and country of Seller] (hereinafter called “the Sellers”) of the other part:
WHEREAS IMOPETRO invited bids for certain goods and ancillary service, viz., [brief description of
goods and services] and has accepted a bid by the Seller for the supply of those goods and services in the
sum of [contract price in words and figures] (hereinafter called “Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to
them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement,
viz:
(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the Conditions of Contract;
(e) IMOPETRO’s Notice of Award.
3. In consideration of the payments to be made by IMOPETRO to the Seller as hereinafter mentioned, the
Seller hereby covenants with IMOPETRO to provide the goods and services and to remedy defects therein
in conformity in all respects with the provisions of the Contract.
4. IMOPETRO hereby covenants to pay the Seller in consideration of the provision of the goods and
services and the remedying of defects therein, the Contract Price or such other sum as may become payable
under the provisions of the contract at the time and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with
their respective laws the day and year first above written.
Signed, sealed, delivered by _______________ at _______________ (for IMOPETRO)
Signed, sealed, delivered by _______________ the ________________(for the Seller)

SUPPLY OF PRODUCTS
FORM 4 - PERFORMANCE SECURITY FORM
MUST BE SIGNED AND DATED FOR VALIDITY
To: [name of IMOPETRO]
WHEREAS [name of Seller] (hereinafter called “the Seller”) has undertaken, in pursuance of Contract No.
[Reference number of the contract] dated ___________, 20___ to supply [description of goods and
services] (hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Seller shall furnish you with a
letter of credit by a reputable bank for the sum specified therein as security for compliance with the Seller’s
performance obligation in accordance with the Contract.
AND WHEREAS we have agreed to give Seller a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Seller, up
to a total of [amount of the guarantee in words and figures],and we undertake to pay you, upon your first
written demand declaring the Seller to be in default under the Contract and without cavil or argument, any
sum or sums within the limits of [amount of guarantee] as aforesaid, without your needing to prove or to
show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the _____ day of _____________ 20 __.
Signature and Seal of the Guarantors __________________________________________
________________________________________________________________________
[date]
____________________________________________________________________________________
__
____________________________________________________________________________________
__
[Address]

SUPPLY OF PRODUCTS
FORM 5 - IMOPETRO’S NOTICE OF A AWARD TO SUCCESSFUL BIDDER
This is to advise [specify name of Seller] (hereinafter called “the Seller”), that the bid submitted to [specify
name of IMOPETRO] (hereinafter called “IMOPETRO”), on [specify date] for the supply of oil as
described in IMOPETRO’s bid solicitation, that after review of all of the bids, that the Contract is to be
awarded to your company. The bid documents provided by the Seller, unless specifically amended by
mutual agreement in writing, will serve as the contract and become active with the Seller’s confirmation of
receipt of this Notice and the Seller’s confirmation within five (5) calendar days, that Performance Security
is in force.
IMOPETRO requires the performance security to be received (7) seven days upon notice of this award.
A fully authorized original version of the performance security must be forwarded to IMOPETRO within
seven (7) calendar days.
For the sake of good order IMOPETRO agrees to sign both of the signed original bid documents submitted
by the Seller are to serve to fully document the agreement, and return one signed original to the Seller (7)
calendar days, by registered mail.

SUPPLY OF PRODUCTS
FORM 6 - SELLER’S ACKNOWLEDGMENT OF NOTICE OF AWARD
This is to confirm receipt on [specify date of receipt of notice of award] of the Notice of Award of Contract
for the bid which we submitted on [specify date of bid submission] to your company. The Performance
Security which was submitted for your acceptance as part of the bid is now active and in full force as of
[specify date of effectiveness security], per your instructions in the Notice of Award of the Contract. As
requested, a duly authorized original of this Performance Security will be forwarded to your office within
seven (7) calendar days by registered mail.

SUPPLY OF PRODUCTS
FORM 7 - INFORMATION ON DISCHARGE PORT/PORTS
THE FOLLOWING INFORMATION FOR THE DISCHARGE PORT SHOULD BE

RECONFIRMED BY THE SELLER VIA SHIP’S AGENT.THE AUTHOR SHALL NOT BE
RESPONSIBLE FOR IT OR FOR THE RESULTS OF USAGE
1 PORT NAME: MAPUTO (MATOLA JETTY)
2. MAXIMUM ALLOWED DRAFT:
BEFORE DREDGING AFTER DREDGING
DEPTH+HIGH WATER DEPTH+HIGH WATER
9.5M (AVERAGE) 11.0M
3. LOA: MAXIMUM/MINIMUM: 230 METRES
4. BEAM: MAXIMUM/MINIMUM: NO RESTRICTIONS
5. MAXIMUM DESPLACEMENT OR DWT OF 60.000MT WHICHEVER IS GREATER.
6. AS FAR AS THE TERMINAL CONCERNED, THE TERMINAL IS AVAILABLE FOR

24 HOURS OPERATIONAL.
RESTRICTIONS AND MOVIMENT OF VESSELS IS THE RESPONSIBILITY OF THE PORT

AUTHORITIES.
REMARKS:
Loading arms are operational. There are three pipelines of 16 inches and approximately 1 600 meters of length,
one for Mogas, one for Jet A1 and one another for Gasoil. With the availability of three arms, the installations
can receive three different grades of white products simultaneously. Maximum permitted shore pressure is
7Kg/Cm2. Vessels are expected to discharge at average rate of 1275 MT/Hour for Gasoil, 1170 MT/Hour for
Gasoline 1185MT/Hour for Jet A1.

FORM 7
DISCHARGE PORT REQUIREMENTS RELATED TO VESSEL
THE FOLLOWING INFORMATION FOR THE DISCHARGE PORT SHOULD BE RECONFIRMED BY

THE SELLER VIA SHIP’S AGENT.THE AUTHOR SHALL NOT BE RESPONSIBLE FOT IT OR FOR
THE RESULTS OF USAGE
1 PORT NAME: BEIRA - BERTH: NEW OIL TERMINAL
One channel, with minimum depth water, about 8 m gives access to the Oil Terminal. CHART
DATUM is 3.0 M plus HEIGHT of DAILY TIDE.
2. MAXIMUM ALLOWED DRAFT: The dept. alongside the terminal is 11 m. The difference
between low tide and platform deck is 7, 9 m and between high tide and platform deck 0, 7
m.
3. LOA: 200 M
4. BEAM: NO RESTRICTIONS
5. DWT: 45000/MAX 60000 TONS
Conventional product tankers in the range from 4.500 dwt to 60.000 dwt can be accepted at
the Oil Terminal. All ships must comply with IMO and Terminal Regulations.
REMARKS:
The terminal berthing facilities consist of one jetty with three loading arms and 4 hose connections for
handling of oil refined products. Maximum permitted shore pressure is 10Kg/Cm2. Vessels are
expected to discharge at average rate of 1000 MT/Hour for Gasoil, 860 MT/Hour for Gasoline 950
MT/Hour for Jet A1.
No night navigation. Sailings only permitted on HIGH TIDE.
PIPELINE DETAILS:
LENGTH: APPROXIMATELY 1.700 METERS
DIAMETER: 16 INCHES
NUMBER OF PIPELINES AVAILABLE: 3 DEDICATED PIPELINES
RESPECTVELY FOR MOGAS, DPK AND GASOIL
MAXIMUM WORKING PRESSURE: 10KG/CM2
PIPELINE DETAILS:
SHORE ARM – MIN 900 CBM - MAX 1200 CBM, 10.0 KG/PRESSURE
FLEXIBLE HOSE– MIN 300 CBM -MAX 600 CBM , 7.0 KG/PRESSURE

FORM 7
THE FOLLOWING INFORMATION FOR THE DISCHARGE PORT SHOULD BE RECONFIRMED BY

THE SELLER VIA SHIP’S AGENT.THE AUTHOR SHALL NOT BE RESPONSIBLE FOT IT OR FOR
THE RESULTS OF USAGE
1. PORT NAME: NACALA (NACALA OIL JETTY)
2. MAXIMUM ALLOWED DRAFT: NO RESTRICTIONS ON THE CHANNEL
DEPTH ADJACENT TERMINAL: RANGING FROM 7.5 TO 11.5 METERS

DEPENDING ON THE TIDE.
3. LOA: MAXIMUM 200 METERS
4. BEAM: MAXIMUM/MINIMUM: 28 M / 35 M
5. DWT: MAXIMUM 45.000 MT
REMARKS:
LENGTH OF WHARF: 200 METERS
PIPELINE DETAILS:
LENGHT: APPROXIMATELY 3.500 METERS
DIAMETER: 8 INCHES
NUMBER OF PIPELINES: ONE FOR CLEAN PRODUCTS AND ONE FOR FUEL OIL,
BOTH OF SAME DIAMETER AND LENGTH.
MAXIMUM WORKING PRESSURE: 7 BARS
INTERFACING METHOD: SEA WATER PUMPED BY THE VESSEL – WATER

FLUSHING ALWAYS REQUIRED TO SEPARATE THE PRODUCTS
REMARKS:
Installation can receive simultaneously three grades of clean products at once and vessels are
expected to discharge at average rate of 200 MT/Hour for JET, 325 MT/Hour for Mogas and
420 MT/Hour for Gasoil.

FORM 7
THE PORT OF PEMBA IS AN INTERNATIONAL PORT SITUATED IN THE NORTHERN REGION

OF MOZAMBIQUE AT LATITUDE 12º 57’S AND LONGITUDE 40º 30’E. IT’S A NATURAL DEEP
SEA PORT WHICH DOES NOT NEED ANY ACCESS CHANNELS BUT IS DIRECTLY LINKED TO
THE INDIAN OCEAN.
1. THE PORT OF PEMBA HAS A WELL DESIGNED QUAY, AN ASYMMETRIC T SHAPPED

WITH AN ACCESS BRANCH OF 79 METER S LONG AND 12.M WIDE AND DOCKAGE
PLATFORM OF 182.5M LONG AND 17M WIDE.
2. THE PORT HAS NATURAL DEEP WATERS HARBOUR, WELL SHELTERED FROM THE
OCEAN, WHERE DREDGING IS NOT REQUIRED AND NAVIGATION IS VERY EASY.
THE PORT ALLOWS VESSEL BERTHING UP TO 182M LOA.
3. THE PORT OF PEMBA HAS CLEAR WATER, SANDY BOTTOMS WITH WATER
SALINITY OF 1025KGS PER CUBIC METER AND AN EVEN DRAFT OF 9M AT BERTH.
4. THE DEPTH ADJACENT TO THE BERTH /CHART DATUM IS 7.5M.
5. THE PORT OF PEMBA ALLOWS SHIPS BERTHING DURING DAY TIME ONLY DUE TO
THE FACT THAT THE PORT HAS NO TUG BOAT.
6. DISCHARGE OF THESE PRODUCTS IS VIA A 6 INCHES DIAMETER HOSE OF WHICH

THE MAXIMUM RECEIVING RATE IS ABOUT 7 BARS.
7. THE PORT IS A COMPLAINT OF ISPS CODE & IS FULLY ACCREDITED, OBSERVING

LEVEL ONE OF THE COMPLIANCE. NO ANY OF THE SIX PRIMARY MARITIME
SECURITY THREATS (I.E., THEFT, DRUGS, SMUGGLING, STOWAYS, PIRACY, AND
SABOTAGE) HAVE BEEN REPORTED FOR THE LAST 10 YEARS OR SO. ATTACHED
HERE TO FIND THE ISPS ARRIVAL FORM TO BE DULY FILLED & SENT TO US.
8. THE PORT PILOT RADIO STATION WORKS VHF CHANNELS OF 27 A/O 16 AND HF ON
FREQUENCY 8284, AND PILOT IS COMPULSORY. SHIPS BEING BOARDED 2
NAUTICAL MILES FROM THE PEMBA LIGHT HOUSE, UNLESS STRONG WINDS ARE
BLOWING.
9. ANTICIPATED DELAYS MAY INCLUDE:
a. AWAITING PLACING GANGWAY BY CREW

b. AWAITING HOSE CONNECTIONS/DISCONNECTION BY PURCHASERS
c. AWAITING SAMPLING & CARGO CALC/BGULATIONS
d. AWAITING DISCHARGE ORDERS FROM LOADING MASTER.
10. DOCS REQUIRED FOR FREE PRATIQUE

a. 6 COPIES OF CREW LISTS
b. 5 COPIES OF PORT OF CALL
c. 5 COPIES OF NIL LIST
d. 2 COPIES OF VACCINATION LIST
e. 2 COPIES OF STORE & BONDED LIST
f. 2 COPIES OF HEALTH MARITIME DECLARATION
g. 2 COPIES OF LAST PORT CLEARANCE PLUS ORIGINAL
11. THE PORT AND ALL OTHER STAKEHOLDERS DEMAND THAT ALL PAPERS I.E.,
CARGO MANIFESTS, ISPS CODE REQUIREMENTS, SHIP’S PARTICULARS BE
SUBMITTED TO ALL CONCERNED AT LEAST 36 HOURS PRIOR TO VESSEL’S
ARRIVAL
We hope the above information gives an inkling of the Port of Pemba, however should you need some
more information do not hesitate to contact us.

IMOPETRO- IMPORTADORA MOÇAMBICANA DE PETRÓLEOS
REF: IMOPETRO/CACL/01/2018
Addendum #1
Data: 20-04-2018
To:
ALL BIDDERS
ADDENDUM NO. 1 TO BID DOCUMENTS DATED 20TH APRIL, 2018 REF.

IMOP/CACL/01/2018
SUPPLY AND SHIPMENT OF PRODUCTS BID DOCUMENTS FORM 01.2018

Where it reads
Clause 24.4: IMOPETRO will have preference to the competitive Bidder preferring at his
option to supply without demanding any banks guaranties or other financial securities.
Shall be delete
Where it reads
Clause 4.1: “The quantity and the period of supply of products covered under this Contract
is indicated below with variations up to plus or minus 10% percent on the total contractual
volumes, at IMOPETRO’s option.”
Shall be replaced by
Clause 4.1: “The quantity and the period of supply of products covered under this Contract
is indicated below with variations up to plus or minus 10% percent per grade at
In cases that 90% is not reached in one of the grade, Imopetro has the right to balance the
quantities requesting supply of other grades.
Where it reads
Clause 4.2: “The quantities above will be split between Maputo, Beira, Nacala and Pemba,
always on four port discharge basis, as it will be indicated at the time of tanker
nomination.”
Clause 4.2: “The quantities above will be split between Maputo, Beira, Nacala and Pemba,
always on four port discharge basis.
Where it reads
Clause 4.6: “Seller and IMOPETRO shall agree to an acceptable delivery quantity and
delivery window at least thirty-five (35) calendar days in advance of the first day of the
delivery window. Such agreement on delivery quantity and period shall be subject to:
(a) prorated quantity, period of supply, and cargoes lots quantities stated in clause 4.”
IMOPETRO shall nominate to the Seller its needs for month M at the latest the last day
of M-2, with the split of volumes by nominated delivery date range.
Where it reads
Clause 6.5. Not later than seven (7) calendar days prior to the first day of each acceptable
date range, Seller shall notify each Purchaser of the expected date of arrival of the vessel
at the discharge port/ports as well as the nominated local ship agent. Seller shall notify
each Purchaser of the name of any vessel previously advised as a “TBN” as soon as
possible, but not later than (1) the third day before the first day of the relevant accepted
date range, or (2) the last day for the naming of a vessel under terminal procedures,
whichever of (1) or (2) is the earlier. After having declared a vessel but prior to its loading
from the loading port, seller may substitute another vessel of similar class, type, size,
capacity, and position, provided all other provisions hereof are complied with and further
provided that such a substitution when advised is permitted under terminal procedures.
IMOPETRO shall be entitled to reject the vessel and require that Seller nominate a
substitute vessel if it reasonably believes that the vessel in question does not conform to
safety or other operational standards of the discharge port/ports or of terminal procedures.
Seller shall provide all standard information concerning the operations, master, crew and
history of repairs to the vessels as IMOPETRO may reasonably request in order to satisfy
itself as to vessel’s acceptability as aforesaid.
Clause 6.5. Not later than seven (7) calendar days prior to the first day of each acceptable
date range, Seller shall notify each Purchaser of the expected date of arrival of the vessel
at the discharge port/ports as well as the nominated local ship agent. Seller shall notify
each Purchaser of the name of any vessel previously advised as a “TBN” as soon as
possible, but not later than (1) the third day before the first day of the relevant accepted
date range, or (2) the last day for the naming of a vessel under terminal procedures,
whichever of (1) or (2) is the earlier.
Where it reads
Clause 15.5.2: “By the day prior of the date of discharge, if a Purchaser fails to open the required
LC or prepay, then the following procedure shall apply in seller’s option:
Or otherwise
storage facility
Clause 15.5.2: “By the day prior of the date of discharge, if a Purchaser fails to open the required
LC or prepay, then the following procedure shall apply in seller’s option:
Or otherwise
storage facility
In cases that none of the options are not available, purchaser in default, IMOPETRO and
seller shall the three agree within 24 hours the option to be followed.
Where it reads
Clause 15.7.1: “Before signing the contract as provided in the Notice of Award,
IMOPETRO shall indicate at least three (3) acceptable terminals in Mozambique, to
discharge the product at least in Matola and Beira, and Nacala or Pemba.”
Clause 15.7.1: ““Before signing the contract as provided in the Notice of Award,
IMOPETRO shall indicate at least three (3) acceptable terminals in Mozambique, to
discharge the product at least in Matola and Beira, and Nacala or Pemba.
Seller must do a due diligence of all terminals indicated by Imopetro before signing
contract. After signing the contract Seller will have to evidence the reasons for not
accepting the terminals.
REMARK
Other conditions remains as stated on the Bidding Documents

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Classified as: PRIVATE AND CONFIDENTIAL

CONTRACT REF IMOPETRO/CACL/01/2018

IMOPETRO-IMPORTADORA MOÇAMBICANA DE PETROLEOS, LIMITADA

TRAFIGURA PTE LTD

SUPPLY AND SHIPMENT OF

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

Witnessed by___________________________________the 28th JUNE 2018 (for the Supplier)

Signed, sealed, delivered by

IMOPETRO________________________________________________the 28th JUNE 2018

Witnessed By________________________________________________the 28th JUNE 2018

BP MOCAMBIQUE LDA _____________________________________the 28th JUNE 2018

ENGEN PETROLEUM MOÇAMBIQUE LDA______________________the 28th JUNE 2018

GLENCORE MOCAMBIQUE LDA____________________________the 28th JUNE 2018

INDEPENDENT PETROLEUM MOZAMBIQUE LDA_______________the 28th JUNE 2018

PETROGAL MOÇAMBIQUE LDA____________________________the 28th JUNE 2018

PETROMOC SA - PETRÓLEOS DE MOÇAMBIQUE _______________the 28th JUNE 2018

PETROMOC & SASOL SARL_________________________________the 28th JUNE 2018

PUMA ENERGY MOCAMBIQUE LDA_________________________the 28th JUNE 2018

TOTAL MOCAMBIQUE SARL_______________________________the 28th JUNE 2018

AFRICAN PETROLEUM LDA________________________________the 28th JUNE 2018

MOZ TOP - ENERGIA, LDA_________________________________the 28th JUNE 2018

ENER INVEST SA__________________________________________the 28th JUNE 2018

EXOR PETROLEUM MOCAMBIQUE___________________________the 28th JUNE 2018

PETRODA MOZAMBIQUE__________________________________the 28th JUNE 2018

MOUHADJI CARLITOS_____________________________________the 28th JUNE 2018

MOUNT MERU PETROLEUM________________________________the 28th JUNE 2018

CAMEL OIL LIMITADA _____________________________________the 28th JUNE 2018

PURCHASER’S NOTICE OF AWARD

BID FORM AND PRICE SCHEDULE

4. Quantity and Period of Supply

Product Quantity (MT)

CONDITIONS OF THE CONTRACT

7. Priority on Berthing IMOPETRO Vessels 26

Date of issue 09.04.2018

Date of issue 09.04.2018

ABBREVIATIONS AND ACRONYMS

Bbl60F Barrels at 60º Fahrenheit

Date of issue 09.04.2018

Section I. Invitation for Bids

Date of issue 09.04.2018

IMOPETRO – IMPORTADORA MOÇAMBICANA DE PETROLEOS, LDA

INVITATION FOR BIDS

Product Quantity (MT)

Date of issue 09.04.2018

Section II. Instructions to Bidders

Date of issue 09.04.2018

3. Eligible Goods and Services

B. The Bidding Documents

5. Content of Bidding Documents

6. Clarification and Amendments of Bidding Documents

Date of issue 09.04.2018

8. Documents Comprising the Bid

9. Bid Form and Price Schedule

10. Bid Prices and Bid Currencies

11. Bid Security

Date of issue 09.04.2018

11.7 The bid security may be forfeited:

12. Period of Validity of Bids

13. Format and Signing of Bid

14. Sealing and Marking of Bids

Date of issue 09.04.2018

15. Deadline for Submission of Bids

16. Late Bids