- General terms of purchase of biocomponents of Grupa LOTOS S.A. in Gdańsk
Invitation to place offer for FAME (foreign suppliers)
Grupa LOTOS S.A. - Gdansk Poland, kindly invites your company to submit the offer for the supply of FAME (Fatty Acid Methyl Esters) as a bio-component for the production of liquid fuels or liquid biofuels for the period 01-30. November 2021 as follows:
- FAME -10 (Fatty Acid Methyl Esters) -10 dgr.C CFPP max – RED (certified) – CN 38260010; produced from biomass only – for delivery 01-30 November 2021.
STATUS: EU ORIGIN + T2 status
- product - subject to excise duty – delivery in excise duty suspension procedure - with e-AD only;
- product has not been counted to the National pool of the Indicative Target for biofuels in a pool of fossil fuels in any country of the European Union, including Poland;
- product meets greenhouse gas emissions criteria minimum 50% or minimum 60% if production was started after 05.10.2015;
- product certified (RED) - delivery with POS (Proof of Sustainability) only.
- FAME -10 CFPP max - according to EN 14214 with CFPP -10°C max and Cloud Point -3°C max (without any other additives) – for delivery in period 01-30 November 2021.
QUANTITY: in total ca 22 000 tons FAME-10 CFPP max in period 01-30 November 2021 at Buyer’s option.
PRICE: please send your proposal of floating price formula based on:
- FAME -10 CFPP max: Platt’s FAME -10 RED FOB ARA low (average from the delivery month) +/- PREMIUM in USD/t.
- FAME -10 CFPP max – 01-30. NOVEMBER 2021 – please determine possible first loading/delivery window after 01.11.2021.
MODE OF TRANSPORT:
- railtankcars ca 1000 - 1750 mt in one lot - at Buyer’s option depending on location and offered delivery basis or
- sea-going vessel ca 2500 - 5000 mt in one lot – at Buyer’s option depending on location and offered delivery basis.
1) RTCs: FCA territory of Poland or FCA EU territory or DAP Gdańsk Grupa LOTOS S.A. or;
2) vessel: FOB EU Port or CFR Gdynia Port.
Incoterms 2010 ICC Paris shall apply.
VALUE ADDED TAX
For deliveries: FCA EU territory or FOB EU-Port, where Grupa LOTOS S.A. is an organizer of the transport and transferring goods from the place of loading to territory of Poland (an intra-community acquisition of goods for Grupa LOTOS S.A.). Seller is obliged to issue an invoice without the value added tax (VAT).
For deliveries: CFR Gdynia Port, DAP Gdańsk Grupa LOTOS S.A., where Grupa LOTOS S.A. is not an organizer of the transportation of goods from EU to territory of Poland and what is in the exclusive competence of the Seller. Seller is obliged to issue an invoice without the value added tax (VAT).
The value added tax (VAT) shown on the invoice will be paid only when the Seller will attach to the invoice information about legal basis of applying VAT rate and duly determine an organizer of the transport in the transaction.
Seller is obliged to put valid VAT No. on the invoice for the transaction. In case of changes in this respect during the term of the agreement the Seller is obliged immediately to notify of this fact GL SA.
PAYMENT: minimum 21 days from the date of invoice – merchant credit only.
PAYMENT CURRENCY: in USD or converted to EUR or PLN according to monthly average exchange rate of Polish National Bank (NBP) from delivery month.
Please confirm in your offer all the following conditions 1-16 as detailed below.
Please also note that lack of confirmation will result in rejection of your offer.
The Seller declares and confirms that:
1) is registered in a recognized certification scheme for sustainability and greenhouse gas emissions and has a valid certificate for offered product (FAME) – please send certificate number (scan of certificate);
2) supplied bio-component (FAME) has the status of European origin and is produced from biomass;
3) offered for Grupa LOTOS S.A. bio-component for the production of liquid fuels or liquid biofuels has not been counted to the National pool of the Indicative Target for biofuels/bio-components in a pool of fossil fuels in any country of the European Union, including Poland;
4) bio-component meets greenhouse gas emissions criteria minimum 50% or minimum 60% if production was started after 05.10.2015;
5) delivery of bio-component in excise duty suspension procedure in EMCS system - with e-AD only - the amount of collateral duty covered by Supplier;
6) bio-component is registered according to REACH regulations;
7) MSDS for bio-component will be sent in Polish language before first delivery;
8) bio-component meets quality according to required specification EN 14214 provided to the each batch of the product;
9) delivered to Grupa LOTOS S.A. bio-component meets the sustainability criteria set out in paragraphs 2-6 of Article 17 of Directive 2009/28/WE and Article 7b of Directive 2009/30/EC on the promotion of the use of renewable energy – document PoS (proof of sustainability) shall be provided by the Seller to each batch of the product;
10) Seller confirms the Grupa LOTOS SA General Terms of Purchase (GTP) – please see attached document;
11) in consideration of quality of realisation of the agreement/order/commission, work safety and environmental protection, Grupa LOTOS S.A. reserves the right to conduct audits in your company with respect to the field constituting the object of the agreement/order/commission. The audit activities are aimed at evaluation of compliance with requirements specified in contractual documents and other documents provided for use as well as respective provisions of law and standards applicable to realisation of the agreement/order/commission;
12) Seller will attach together with offer a Company registration documents and other documents according to Table 1. Documents must be authenticated by a notary or confirmed by persons having the rights to represent the Supplier in accordance with the registration documents (confirming consistency with the original). Supplier is obliged to send them together with placed offer by pdf scan and after selection immediately in original by post:
Table 1. (original or scan pdf)
Clauses used in proceedings of contractor selection:
13) Environmental protection:
Seller declares that it follows legal regulations related to widely understood environmental protection, in particular, in regards to obtaining required permits, making submissions and submitting information and respecting limitations in environment use, including, in particular, those resulting from proper waste management. In addition,Sellerdeclares that it acts in a balanced way and undertakes actions limiting negative influence of its own operation on natural environment.
14) Respecting human rights:
Sellerdeclares that in the field related to employment, it applies effective regulation in its business operation, including, in particular, Labour Code and execution and enforcement acts issued on this legal basis.
15) Influence on society - integrating actions:
Seller declares that it takes also into account social issues in its business operation and aims at maximisation of integration of social, ethical values and values related to human rights, to its own operation, to operation of other interested parties and the society as a whole.
16) Lack of conflict of interests and anti-corruption policy:
Seller declares that in case its offer is selected and a contract for execution of the subject of the quotation is signed, it agrees to place the following stipulations in the contract:
a. Seller declares that to the best of its knowledge, at the time of Contract signing, no conflict of interests exists which could form an obstacle to duly execution of the Contract bySeller, influence its neutrality, quality of works of services it provides, independence or reliability.
b. Seller declares that it shall be obliged to maintain the highest standards or reliability within the scope required for the provided business activity and to undertake actions aimed at avoid conflict of interests.
c. Seller declares that during the period of Contract execution, if a suspicion of possible conflict of interests influencing the contents of the declaration, mentioned in para. 1, arises, it will immediately inform Grupa LOTOS S.A. in writing about such suspicion, indicating its justification and will present a suggestion of all required actions, aimed at avoiding the conflict, taking into account widely understood interest of Grupa LOTOS S.A. as well as business ethics it applies.
d. Seller declares that it did not offer and did not transfer any material benefits in order to exert influence on the decision of Grupa LOTOS S.A. about selection of its offer in the proceeding on contractor selection related to “Invitation to place offer for FAME – 1-30. November 2021”, did not influence the result of such proceeding in a manner contradicting the law and did not take part in any agreements or decisions made between Seller or other third parties, which would be aimed at influencing the result of the aforementioned proceeding.
Term of placing offers and other required documents acc. to Table 1. until: MONDAY 11.10.2021, 24:00 hrs CET only to the given e-mail address:
Offers submitted after 11.10.2021 24:00 hrs CET or sent to the other than shown e-mail address or not-meeting requirements of the action will be rejected.
Validity of the offer at least until: THURSDAY 14.10.2021 3:00 p.m. CET.
Please also note that Grupa LOTOS S.A. reserves the right to carry on negotiations with selected bidders.
For any further questions please don’t hesitate to contact:
Sławomir Chrapkowski tel. +48 58 308-73-43; email@example.com
Grupa LOTOS S.A. reserves the right to choose any supplier/s at its own option, or to look at the submitted offers in a part or in a whole or to negotiate/conclude agreements with more than one bidder (the scope of the agreement may cover all or part of a complex range of responses the inquiry). Grupa LOTOS S.A. also reserves the right to cancel this invitation for indications and withdraw from negotiations without giving any reason. Bidders are not eligible for any claims against the Grupa LOTOS S.A. referring to this invitation.