ΤΕΥΧΟΣ ΣΕ ΔΗΜΟΣΙΑ ΔΙΑΒΟΥΛΕΥΣΗ_283_11

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HELLENIC GAS TRANSMISSION SYSTEM OPERATOR (DESFA.) S.A.GREEK NATURAL GAS TRANSMISSION SYSTEMEPC OF THIRD LNG TANK ON REVITHOUSSA ISLAND

SECTION I Inquiry No 283/11

Instructions to Bidders Rev. 10 Page 1 of 35

SECTI ON I

I NSTRUCTI ONS TO BI DDERS

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CONTENTS

Article 1: INTRODUCTION

Article 2: APPLICABLE LEGISLATION

Article 3: SCOPE OF WORKS

Article 4: COMMUNICATION

Article 5: BID CONTENTS

Article 6: BID SUBMISSION

Article 7: VALIDITY OF BIDS

Article 8: COMMENTS, QUALIFICATIONS, DEVIATIONS, EXCEPTIONS ETC

Article 9: GUARANTEES

Article 10: INQUIRY DOCUMENTS AND ORDER OF PRECEDENCE

Article 11: JOINT VENTURES-CONSORTIA

Article 12: BID OPENING PROCEDURE

Article 13: ADVANCE PAYMENT

Article 14: CONTENTS OF ENVELOPE A

Article 15: CONTENTS OF ENVELOPE B

Article 16: CONTENTS OF ENVELOPE C

Article 17: EVALUATION PROCEDURE

Article 18: AWARD - CONTRACT SIGNATURE

Article 19: TAXES DUTIES RETENTIONS - EXCEPTIONS

Article 20: CONFIDENTIALITY

Article 21: RESERVATIONS & RIGHTS OF THE OWNER

Article 22: LOCAL LAWS AND REGULATIONS

Article 23: APPLICABLE LANGUAGE

Article 24: SITE VISIT

Article 25: CLARIFICATION MEETING/OWNERS CLARIFICATION OF BID

Article 26: BIDDERS CLARIFICATION REQUESTS

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Article 27: OWNERS AMENDMENTS TO THE INQUIRY

Article 28: ATTACHED DOCUMENTS

ANNEXES:

ANNEX 1: FORM OF BID LETTER

ANNEX 2: FORM OF PARTICIPATION GUARANTEE

ANNEX 3: FORM OF DECLARATION

ANNEX 4: TECHNICAL PROPOSAL

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1. I NTRODUCTI ON

The HELLENIC GAS TRANSMISSION SYSTEM OPERATOR (DESFA) S.A.,hereinafter referred to as OWNER invites eligible Bidders to submit a Bid forthe:

DETAI LED ENGI NEERI NG, PROCUREMENT AND CONSTRUCTI ON OF

THI RD LNG TANK OF 95 .00 0 m 3 STORAGE CAPACI TY ON

REVI THOUSSA I SLAND

The scope of the Project is the detailed engineering, the procurement of

materials and the construction of one Liquified Natural Gas (LNG) fullcontainment tank of 95.000m3 storage capacity at the LNG terminal station

on Revithoussa Island.

1.1 Eligible Bidders should be Construction Companies registered in aEuropean Union (E.U.) or a European Economic Area (E.E.A.) country

or a country having an Association or Bilateral Agreement with theE.U. allowing the participation in public Tenders of ContractingAuthorities with activities in Natural Gas Sector. Joint Ventures ofcompanies as above are also Eligible Bidders.

The legal formation of a Joint Venture is not a prerequisite for takingpart in the present Tender. Companies participating in present Tenderas a member of a Joint Venture/Consortium are not allowed to submitBids solely, or as a member of other Joint Venture /Consortium or relyon the capacity of other entities participating in present Bid solely oras a member of other Joint Venture /Consortium also participating insame Bid.

Sub j ec t t o re j ec t i on o f t he B id :

the minimum interest of each company participating in a JointVenture/Consortium shall be 25%

the Leader of the J/V should be a company with a minimuminterest of fifty percent (50%) in the J/V.

Companies participating in the Bid solely or as a member of a JointVenture should submit (see details in clause 14.3 hereafter),capability certification to undertake solely Contracts for constructionwith a CONTRACT PRICE greater than one hundred million EURO (

100.000.000) in their country.

1.2 To facilitate bidding and Bid evaluation, the documents enclosed shallreflect the form of the CONTRACT which will be entered into byOWNER and the successful Bidder.

1.3 The Bidders shall submit the documents according to all instructions

given in this document.

1.4 Not Applicable

1.5 Alternative Bids cannot be submitted and if submitted shall not betaken into consideration.

1.6 In these Instructions to Bidders, reference to the Inquiry Documents

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shall mean reference to the following:

SECTION I: INSTRUCTIONS TO BIDDERS with AnnexesSECTION II: DRAFT CONTRACT AGREEMENTSECTION III: AGREEMENT TERMS with Appendices

SECTION IV: PRICE SCHEDULE (PRICES & RATES) with AnnexesSECTION V: TECHNICAL DATA

1.7 The publishing expenses of this Inquiry (in one daily newspaper and

two daily financial newspapers), shall be borne by the successfulBidder, hereinafter referred to as CONTRACTOR. Prior to the issue of

the first invoice by the CONTRACTOR for the payment of theperformed WORKS, an amount equal to the aforementioned expenses

shall be paid to OWNER.

1.8 All direct and indirect costs of any nature for the preparation of theBid by the Bidders, including costs associated with attending pre-Bid

meeting(s), participating in site visits and clarification meetingsetc.shall be at Bidders own cost.1.9 It is explicitly stated that the CONTRACT to be signed shall be subject

to the provisions of the Law No 3310/05 as amended by the Law No3414/05, for the Transparency and avoidance of violations duringcontracting procedure. [see also KYA 20977/23.8.2007 (GovernmentGazette /1673/2007)].

1.10 Purchasing of the Tender Documents from OWNERs Office is a

prerequisite for the participation in the Tender.

1.11 Words in capital letters in the Inquiry Documents have the meaningassigned to them in Article 1 of SECTION AGREEMENT TERMS.

2. APPLI CABLE LEGI SLATI ON

2.1 This Inquiry is governed by the Laws of Greece and applicable EULegislation, as per Presidential Decree 59/2007 and EuropeanDirective 2004/17/EC which shall be applicable in general to allrelations between OWNER and the Bidders regardless of theirnationality. Any dispute shall be subject to the exclusive jurisdictionof the Law Courts of Athens.Terms and Conditions of this Inquiry are contained to the attached

Sections. Bids evaluation shall be effected in accordance with thepresent INSTRUCTIONS TO BIDDERS and DESFAs Regulation for

Construction Contracts ( 2695/11.11.2011). Said Regulationfor Construction Contracts shall also apply to the CONTRACT.

Procedure for settlement of disputes, during Tender is governed byLaw 3886/2010 (Government Gazette 173 A/30.09.10).

2.2 The clauses regarding the registration of shares of S.A. businesses.

P.D. 82/1996 Registration of Greek Societies Anonymsshares participating in the procedures for undertaking projects

or commissions of the State or of Legal entities of wider publicsector (HGG 66 a/11.04.1996),

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L. 3310/2005 (HGG 30 A/14.02.2005) Steps for ensuringtransparency and avoiding violations during the signing ofpublic contracts , as amended and valid after L.3414/2005(HGG 279 A/10.11.2005),

Joint Ministerial Decision 20977/23.08.2007 (HGG1673B/23.08.2007) Supporting documents for keeping theregistries provided for by the law 3310/2005, as amended byLaw 3414/2005.

The companies that are registered in the Stock Market of the countrywhere their seat is registered are exempted from the above clauses.These companies must submit a solemn statement signed by theirlegal representative, stating that they are registered in the StockMarket of the country where their seat is registered.

2.3 Article 8 of L.2741/1999 (Hellenic Govern Gazette 199A/28.09.1999)Unified body for the Examination of Food, other regulations

regarding jurisdiction issues for the Ministry for Development andother clauses , as amended by L. 3060/2002 (Hellenic Govern

Gazette 242 A/24.12.2002) Establishment of an Inspection andAudit Body for Detention Branches and other clauses , L. 3310/2005

(Hellenic Govern Gazette 30 A/14.02.2005) Steps for ensuringtransparency and avoiding violations during the signing of publiccontracts, as amended by L. 3414/2005 (Hellenic Govern Gazette279 A/10.11.2005), the Ministerial Decision 1108437/2565/DOS(Hellenic Govern Gazette 1590 B/16.11.2005) regarding thecountries where off-shore companies operate, Joint MinisterialDecision 24014/2005 (Hellenic Govern Gazette 1637 B/25.11.2005),L. 3614/2007 (Hellenic Govern Gazette 267 A/03.12.2007)

Management , control and application of development interventionsfor the programme period 2007-2013, article 25 Acceleration of thematerialization of co-financed acts.

2.4 Any other supplementary clauses, regulations, interpretive circulars orother in connection or authorised by the above mentioned, even if not

stated herewith.

3 . SCOPE OF W ORKS

3.1

The works (hereinafter WORKS) which this Inquiry refers to, arethe:

DETAI LED ENGI NEERI NG, PROCUREMENT AND CONSTRUCTI ON OF

THI RD LNG TANK OF 95 .00 0 m 3 STORAGE CAPACI TY ON

REVI THOUSSA I SLAND

3.2 The Project which above WORKS are to be provided for and detailedanalysis of WORKS, are described in SECTION: TECHNICAL D.

3.3 The AGREEMENT TERMS of the Contract to be entered into with

successful Bidder (Hereinafter CONTRACT) are further provided inSection III .

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3.4 OWNER reserves the option to increase the WORKS up to a limit oftwenty five percent (25%) of the CONTRACT PRICE, includingcontingencies, within the time limit of thirty nine (39) months fromthe CONTRACT Signing Date. This OWNERs option shall be effectedeither by Variation Order or through a Supplementary Contract with

the successful Bidder with the same terms, prices and rates as thoseof the present Tender (CONTRACT). The scope of the option shallcover additional WORKS for the present PROJECT.

4. COMMUNI CATI ON

4.1 All Bids and Tenderrelated communication shall be in the Greek orEnglish language. Documents in any other language shall have to beaccompanied by an official translation into Greek or English language.For the CONTRACT and CONTRACT execution, the Greek or English

language will be applicable.The Bidders may contact OWNER for bidding matters, in writing, (byletter, fax,) at the following address:

HELLENIC GAS TRANSMISSION SYSTEM OPERATOR (DESFA) S.A.357-359 Messogion Ave.,GR-15231 - HALANDRIGREECE

FAX No: (+30) 210- 6749504

PHONE No: (+30) 210- 6501200ATTENTION: Mrs. A. Daskalopoulou

4.2 Bidders can purchase the Tender Documents at OWNERs abovementioned address. The Tender Documents can be purchased until/ / 2 01 1 , the latest, by a duly authorised Bidders representative.

5. BI D CONTENTS

5.1 The Bid must be submitted in an outer sealed envelope bearing onlythe following:

1) OWNERS name and address2)

The Inquiry Title and Number

3) Bidders Name4) The indication: Bid, to be opened by authorised person

only.5) The Bid due Date

5.2 Each Bid shall bear the full legal name and business address of theBidder. The Bid and its contents shall be signed by the person(s)authorised to bind the Bidder.

5.3 This outer sealed envelope must contain three (3) separate envelopes(A, B, C) with the indication of the Inquiry Number and Bidders Name

on each envelope as follows:

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I - ENVELOPE A - Aut hor isa t ion Docum ent s

This envelope shall include one (1) original and one (1) copy ofall documents as specified in Art. 14 herein.

I I - ENVELOPE B - Techn ica l Of fer ( Cont ent s Unpr iced)

This envelope shall include one (1) original and one (1) copy of

all documents, as specified in Art. 15 herein.Envelop e B sha l l be sea led.

I I I ENVELOPE C - Financ ia l Of fer ( Cont ent s Pr iced)

This envelope shall include one (1) original of all documents,as specified in Art. 16 herein.

Envelo pe C sha l l be sea led and sha l l be c lear ly id ent i f ied

t o d e n o t e t h e i n c l u s i o n o f d o c u m e n t s ( o f t h e B i d ) w i t h

p r i ces . Fo r th i s pu r pose , t h e B idder m us t use a

d i s t i ngu i shab le l abe l , p re fe rab l y red , i nd i ca t i ng the

con ten ts .

5.4 In case of any deviations or contradictions between the originals andany of the copies (if any), the originals shall prevail.

5.5 Each Bidder shall prepare its Bid in strict accordance with theprovisions of these INSTRUCTIONS TO BIDDERS, its attachments andother Inquiry Documents.

6. B I D SUBMI SSI ON

6.1 The submission of the Bids shall be effected by an AuthorisedRepresentative of the Bidder or by recorded delivery mail or bycourier, provided that Envelopes (A, B and C) reach OWNER not laterthan 1 2 . 0 0 hrs of the / / 2 01 2 , which is the final deadline for the

receipt of Bids by OWNER (Bid Due Date) at the following address:

THE HELLENIC GAS TRANSMISSION SYSTEM OPERATOR (DESFA) S.A.357-359 Messogion Ave.15231 - HALANDRIGREECEFAX No: (+30) 210- 6749504PHONE No: (+30) 210- 6501200

for the attention of DESFAs General Document Center, where it will

be registered upon receipt.

6.2 Bids received later than the stated time and date shall not be taken

into consideration. All Bids shall be stamped upon submission,indicating the precise time and date of receipt by OWNER. Bidders will

receive written confirmation of such receipt.

7. VALI DI TY OF BI DS

7 .1 The Bids sha l l be va l i d (and the r e fo re b ind ing on t he B idders )

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f o r e i g h t ( 8 ) m o n t h s a s f r o m t h e B i d d u e d a t e .

B ids w i th va l i d i t y pe r i od l ess than speci f i ed i n the I nqu i r y

Docum ents , sha l l be re jec ted .

7.2

Said period of validity might be extended following a written requestby OWNER (prior to the expiration date). In case a Bidder fails tocomply with such a request, then said Bidder shall be considered ashaving waived all its rights in relation to the Inquiry and its Bid, as

well as in relation to the relevant expenses incurred by said Bidder,etc.

8. COMMENTS, QUALI FI CATI ONS, DEVI ATI ONS, EXCEPTI ONS et c.

RELATED TO TECHN I CAL MATTERS

8.1 Comments, qualifications, deviations, exceptions, etc., (if any)regarding technical matters shall be included in a list, duly signed bythe Bidder, submitted as a separate part of the Bid (Envelope B - seeArticle 15 here below), for consideration by the OWNER. However,comments, deviations, exceptions etc., lowering the quality and/orsafety level in part or in whole, will not be accepted, as per article17.3 hereof.

8.2 For comments, qualifications, deviations, exceptions, etc. which areincluded in the above list of Envelope B, the procedure described in

Article 17 here below shall apply.

8.3 For the purpose of the Inquiry, all Bidders comments, qualifications,deviations, exceptions, etc in relation to any term or condition of theInquiry Documents related to technical matters, shall be called,hereinafter, Deviations. If any Deviation is submitted after the BidDue Date, said Deviation shall be rejected.

9. GUARANTEES

9.1 In order to participate in this Tender, each Bidder must deposit,subject to Rejection of the Bid at the time of Bid submission, to beincluded in Envelope A, a Participation Guarantee Letter, equa l t ofou r m i l l i ons (4 .000 .000 ,00 )EURO, va l i d fo r a t l eas t one (1 )

m o n t h m o r e t h a n t h e m i n i m u m v a l i d i t y p e r i o d o f t h e B i d

speci f i ed i n A r t . 7 he re above , i . e. va l i d fo r n i ne ( 9 ) m on th s as

f rom the B id Due Da te .

9.2 The Participation Guarantee Letter shall be addressed to theHELLENIC GAS TRANSMISSION SYSTEM OPERATOR (DESFA) S.A. andshall be in full accordance with the attached Annex 2 Form. Anydeviation or omission might lead to the rejection of the Bid.

9.3 The Participation Guarantee Letter of the Bidder, to whom aCONTRACT will be awarded, will be returned after the receipt of a

Performance Guarantee upon signing the relevant CONTRACT. TheParticipation Guarantee Letters of the other Bidders shall be returned

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after the signing of the aforementioned CONTRACT between theOWNER and the successful Bidder.

9.4 Bidders must extend the validity of the Participation Guarantee Letterupon written request made by the OWNER at any time prior to the

end of Bid validity. If a Bidder refuses or fails to comply with such arequest, then said Bidder shall be considered as having waived all itsrights in connection to the Inquiry and its Bid as well as in relation tothe relevant expenses incurred by it (by said Bidder), etc.

9.5 A Performance Bond for an amount as per Appendix C Form of

SECTION: AGREEMENT TERMS, covering the entire Guaranteeperiod, as defined in Article 17.3 of SECTION: AGREEMENT TERMS,

shall be required from the Bidder to whom a CONTRACT will beawarded, prior to the signing of the CONTRACT. The PerformanceGuarantee Letter shall be addressed to the HELLENIC GASTRANSMISSION SYSTEM OPERATOR (DESFA) S.A. and shall be in full

accordance with Appendix C Form of SECTION: AGREEMENT TERMS.

9.6 In case the aforementioned (in paragraph 9.3) Bidder does notpresent himself to sign the CONTRACT and/or fails to sign it withoutreservation, as stated in Article 18 here below and/or fails to submitthe required Performance Bond, then the relevant ParticipationGuarantee Letter shall be completely forfeited in favour of the OWNERas a penalty expressly stipulated hereby, irrespectively of whether the

OWNER has sustained or not any damages or loss; the same shallapply for any Bidder, in case any such Bidder withdraws and/or

modifies (by its own initiative) his Bid, after the Bid due date andprior to the expiration of the period of validity (see Article 7 here

above) of said Bid.

9.7 Both Letters of Guarantee (Paragraphs 9.1 and 9.5 above) must beissued by a first class bank, legally operating in Greece or in anyother member-state of the E.U. or the European Economic Area(E.E.A) or in a country having an Association or Bilateral Agreementwith the E.U., allowing the participation in Public Sectors Tenders orby TSMEDE (for Greek companies participating in the Tender).

9.8 All payments due to the successful Bidder (CONTRACTOR) shall besubject to a ten (10%) percent retention according to clause 7.5.1, ofSECTION: AGREEMENT TERMS.

1 0. I NQUI RY DOCUMENTS AND ORDER OF PRECEDENCE

10.1 The following documents, hereinafter collectively referred to asInquiry Documents, shall form an integral part of the Inquiry. In theevent of any conflict (as far as this Inquiry is concerned) identified inthe conditions set forth in the Inquiry Documents, the following orderof precedence shall prevail, from the higher to the lower:

SECTION I: INSTRUCTIONS TO BIDDERS with AnnexesSECTION II: DRAFT CONTRACT AGREEMENT

SECTION III: AGREEMENT TERMS with AppendicesSECTION IV: PRICE SCHEDULE (PRICES & RATES) with Annexes

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SECTION V: TECHNICAL DATA

11 . JOI NT VENTURES-CONSORTI A

Wherever in the Inquiry Documents reference is made to Joint Venture (J/V),it means either Joint Venture or Consortium.

The Bid submitted by a J/V shall comply with the following requirements:

11.1 The Bid shall be signed either a) by all members of the J/V, or b) bythe leader of the J/V with a Declaration of the other members, so as to

be legally binding on each member, or alternatively c) by the J/Vscommon Legal Representative. The name of the signatory shall beprinted underneath each signature.

11.2

A copy of the J/V declaration that has been or which is intended to beentered into by the members of a J/V shall accompany the Bid. Thefollowing declaration and information shall be given in a statementsigned by all the J/V partners which shall be included in the Bid,specifying and stating the following:

- That the members of the J/V shall be fully, jointly, indivisiblyand severally liable for execution of the WORKS in accordance

with the CONTRACT provisions and that, in the event that anyone of the members ceases to be a member of the J/V and

goes into liquidation, then the surviving member(s) shall havefull obligation to carry out and complete the WORKS and shall

be empowered to use all resources furnished by any party inthe J/V.

- The interest of each of the members of the J/V and thedescription of the part of the WORKS which will be undertaken,which shall be unchanged for the whole duration of theCONTRACT. The Leader of the J/V shall have a minimum of fiftypercent (50%) in the J/V as per clause 1.1 hereof.

- The name of the Joint-Venture partner, who is nominated toact as leader of the Joint-Venture and who, in such capacity, isauthorised to receive instructions and act on instructions from

OWNER on behalf of the Joint Venture after Contract award andfor representation issues.

- The J/Vs common Legal Representative and the corresponding

proxy.

12 . BI D OPENI NG PROCEDURE

12.1 Following the Bid submission (Bid due Date), the Inquiry Committeeappointed by OWNER will open the Bids at 1 2 : 3 0 h r s of the samedate, i.e. on the / / 2 01 2 .

Duly authorised representatives of Bidders participating in the Bid are

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invited to be present, if they so wish.

The evaluation of the Bids shall follow the procedure stated herebelow in three (3) separate and distinct stages:

The evaluation of the contents of Envelopes A The evaluation of the contents of Envelopes B

The evaluation of the contents of Envelopes C.

12.2 The Inquiry Committee shall open Envelopes A and shallcountersign the contents. The Inquiry Committee will also at

the same time sign the sealed Envelopes B and C.

The Inquiry Committee reserves the right to request thesubmission, of any clarification and supplementary or supportingdocumentation in relation to the submitted documents inenvelope A. Bidders shall reply in writing not later than five (5)

working days from receipt of said request.

If any Bidder fails to comply with such request, thecorresponding Bid will be considered incomplete and shall berejected for this reason by the Inquiry Committee.

The content of the Envelope A will then be evaluated by theInquiry Committee with reference to their compliance with the

Inquiry Documents.

12.3 Following the conclusion and announcement of the evaluation ofEnvelopes A the Inquiry Committee shall unseal Envelopes B

(only for the Bids which have been so far accepted), and shallcountersign the contents. The Inquiry Committee will inform inwriting the relevant Bidders as to the place and time ofunsealing of Envelopes B.

Following the opening of Envelope B, the content of theEnvelope B will be evaluated by the Inquiry Committee withreference to their compliance with the Inquiry Documents.

The Inquiry Committee reserves the right to request thesubmission, of any clarification and supplementary or supportingdocumentation in relation to the submitted documents in

envelope B. Bidders shall reply in writing not later than five (5)working days from receipt of said request.

Such answers shall neither constitute an amendment to the Bidoriginally submitted nor constitute a Counter or AlternativeOffer. In case of non compliance to above provision (i.e. in caseof amendment, counter or alternative offer) such answers shallnot be taken into consideration.

12.4 Following the conclusion and announcement of the evaluation ofEnvelopes B, Envelopes C shall be unsealed by the InquiryCommittee only for the Bids which have been so far accepted.

The Inquiry Committee will inform in writing the relevantBidders as to the place and time of unsealing of Envelopes C.

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The sealed ENVELOPE B and C and the Participation Letter ofGuarantee of the Bids which have not been so far accepted willbe returned, against receipt. The other documents of therejected Bids will not be returned.

12.5 Following the opening and evaluation of each stage of the Bidevaluation (i.e. Envelopes A, B & C), the Inquiry Committeerecords its findings, signed by all members of the Committee.

The Inquiry Committee concludes its work by recording itsevaluation of the Financial Offers and its proposal to the

OWNERs appropriate body for the successful Bidder of theTender.

13 . ADVANCE PAYMENT

CONTRACTOR is eligible to an interest bearing advance payment asstipulated in SECTION: AGREEMENT TERMS of the CONTRACT against aBank Letter of Guarantee in the form given in Appendix D of said SECTION:

AGREEMENT TERMS .

1 4 . CONTENTS OF ENVELOPE A

Envelope A shall contain the following duly authenticated plus one (1) copyof documents, in sequential order as follows:

A. LEGALI ZATI ON DOCUMENTS

14.1.1 Participation Guarantee LetterA duly completed Participation Guarantee Letter according to Article 9here above and as per form of Annex 2 attached herein.

14.1.2 DeclarationThe Bidder, or in case of a J/V each of its members shall submit awritten statement, (as per Annex 3, SECTION I, Instructions toBidders) declaring that:

The Bidder has studied all the terms of the Inquiry and that heaccepts all terms contained in the Inquiry Documents with no

reservations whatsoever.

All submitted data and information contained in their Bid are

true.

14.1.3 Contacting InformationThe Bidders representative Name and Fax Number.

14.2.1 Company Statutes and Companys decision taking body/person

The Bidder, or in case of a J/V all members of the J/V, shall submitthe Company Statutes valid according to the legislation of the country

the Bidder is registered as well as the documents listed herebelow.Note: For companies operating under Greek Law, these should be

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accompanied by the corresponding publications in the GreekGovernment Gazette () i.e. Articles of Association,Composition of the Board of Directors, Registration of theCompany to the registry of Department of Commerce().

A certified copy of the Minutes of Meeting of the Board of Directors, orother competent decision-taking body or duly authorised person ofthe Bidder:

A. Regarding their decision to participate in the Bid according to

the terms and provisions of this Inquiry

B. Appointing a Legal Representative(s) authorised to representthe Bidder until the date of CONTRACT signature (Note: incase of J/V, the Legal Representative(s) should be promptlyauthorised by all members of the J/V).

C. Declaring the acceptance of the Companys percentparticipation in the Joint-Venture and naming the Leader of theJ/V (if applicable) that shall be formed in the case ofCONTRACT award.

14.2.2 A Declaration signed by the aforementioned Legal Representative ofthe Bidder, accepting fully said appointment.

14.2.3 Joint Ventures (J/V):

In the case the Bidder is a J/V, submission of additional documents,as per provisions of Article 11 here above.

14.3 Companies participating in the Bid, solely or as a member of a J/V,shall submit Registration Certificates proving that they are registeredin a professional register in compliance with the Law of the countrywhere they are established and moreover that they are qualified tosolely undertake the execution of construction project with ContractPrice equal or greater than one hundred million EURO (100.000.000), in accordance with the Legislation of the countrywhere they are established.

For E.U. countries, the above mentioned Registration Certificatesshould be issued as provided for, in the European Directive 2004/18,Annex IX A: PUBLIC WORKS CONTRACTS.

Note: Where the country concerned does not issue such documents or

certificates as required above, these may be replaced with:

1. declaration on oath, by the said company, in front of Judicialor Administrative authority, notary or the appropriateprofessional organisation of the country where the said companyis established, stating that the country concerned does not issuesuch documents or certificates as required above

an d

2. (i) either certification by an authorized public or private

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organization certifying that they are qualified to solelyundertake construction project with a contract price equalor greater than one hundred million EURO (100.000.000),

(ii) or a certification of the owner or other relevant authorityof the country, certifying that

they have already solely performed at least one

Contract for a construction project with a contractprice equal or greater than one hundred million

EURO ( 100.000.000).or

they have already as a member of a Joint Ventureperformed at least one Contract for a constructionproject, for which the corresponding to saidcompany part of the contract price, according to its

participating interest in the J/V, is equal or greaterthan one hundred million EURO ( 100.000.000).

14.4.1 The Bidders, or in case of a J/V each of its members, chief executiveofficer or any person having powers of representation and decision inrespect of the company, shall submit an extract from the judicialrecord or, failing that, of an equivalent document issued by acompetent judicial or administrative authority in the country of origin

or the country where that person comes showing that theaforementioned persons have not been the subject of a conviction byfinal judgment for one or more of the reasons listed below:

A. Participation in a criminal organisation, as defined in Article 2(1)of Council Joint Action 98/733/JHA;

B. Corruption, as defined in Article 3 of the Council Act of 26 May1997 and Article 3(1) of Council Joint Action 98/742/JHArespectively;

C. Fraud within the meaning of Article 1 of the Convention relatingto the protection of the financial interests of the EuropeanCommunities;

D. Money laundering, as defined in Article 1 of Council Directive91/308/EEC of 10 June 1991 on prevention of the use of thefinancial system for the purpose of money laundering;

E. Embezzlement, Fraud, Extortion, Forgery, Perjury, Bribery,

Fraudulent Bankruptcy; the above requirements undersubparagraph (E) are subject to the rejection of the Bid only if

related to the profession of the aforementioned persons.

14.4.2 The Bidder, or in case of a J/V each of its members, shall submitextracts from Judicial records, or failing this, equivalent documentsissued by competent judicial or administrative authorities in thecountry of origin and/or the country where the Bidder (or in case ofa J/V each of its members) is registered, proving that:

A. The Bidder is not bankrupt, under liquidation, bankruptcy,obligatory management, compromise, or any other similarsituation resulting from a similar procedure, as provided by

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National Legislation;

B. No procedure has been instigated against the Bidder fordeclaration in bankruptcy, obligatory management,compromise or any other similar situation or resulting from

any other similar procedure as provided by NationalLegislation.

C. The Bidder has not been convicted for anything related to its

professional integrity and behaviour.

D. The Bidder has not committed a serious professional misdeed,which can be verified by any means by Employer.

Notes to 14.4.1 and 14.4.2:

Where the country concerned does not issue such documents or

certificates as required above, these may be replaced by a declarationon oath, by the Bidder, in front of Judicial or Administrative authority,notary or the appropriate professional organisation of the countrywhere the Bidder is established, stating also, within the samedeclaration on oath, that the country concerned does not issue suchdocuments or certificates as required above.

14.5 Certificates issued by competent authorities in the country of

registration proving that the Bidder, or in case of J/V, each of itsmembers:

A. Has fulfilled its obligations, concerning the payments of Social

Security contributions according to the Legislation of thecountry where it is established, or according to GreekLegislation;

B. Has fulfilled its obligations related to payment of taxes,according to the Legislation of the country where it isestablished or according to Greek Legislation, in the event thatit has previously developed activities in Greece.

Note: Where the country concerned does not issue such documentsor certificates as required above, these may be replaced by adeclaration on oath, by the Bidder, in front of Judicial orAdministrative authority, notary or the appropriate professionalorganisation of the country where the Bidder is established,

stating also, within the same declaration on oath, that thecountry concerned does not issue such documents or

certificates as required above.

14.6 Before the signing of the CONTRACT, the successful Bidder, throughits Legal Representative, must submit to DESFA a solemn declarationpursuant to article 8 of the Greek Law 1599/1986, currently in force,that no conviction decision, by the meaning of article 3 of the GreekLaw 3310/05, as it was replaced by the article 3 of the Greek Law3414/2005, has been issued against the Bidder.

If, before the signing of the CONTRACT, the Court has entered a finalconviction decision against the Bidder, acquiring the authority of res

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judicata, according to article 3, paragraph 4 of the Greek Law3310/2005, as it was replaced by article 3 of the Greek Law3414/2005, the Bidder abstains from the signature of the CONTRACTand without any liable delay must submit to the OWNER and to theTransparency Control Department of the National Radio & Television

Council () a validated copy of the conviction decision, as well as avalidated copy of the criminal record of the Legal Representative(s),in which the above conviction is referred. Thereafter, the Bidderrequests to the above Department the issue of a certificate regarding

the concurrence of incompatibility and/ or exclusion criteria, accordingto article 5, paragraph 2 of the Greek Law 3310/2005, as it was

renumbered and modified by the paragraphs 3, 4 and 5 of article 5 ofthe Greek Law 3414/2005,

In the case of the previous paragraph, the OWNER communicates thespecific conviction decision to the National Radio & Television (NRT)Council () with its decision for exclusion of said Bidder, in order to

check, at the latest prior to the signing of the Contract, the exclusionof said Bidder according to article 5, paragraph 2 of the Greek Law3310/2005, as it was renumbered and modified by the paragraphs 3,4 and 5 of article 5 of the Greek Law 3414/2005.

If this final conviction decision for the execution of the misdeed ofactive corruption is issued after the CONTRACT signing, the Biddersubmits to the OWNER and to the Transparency Control Department,

without any liable delay, a solemn declaration with a copy of thisdecision. In this case, the OWNER must submit to the Transparency

Control Department the decision regarding the forfeiture of theOWNER due to the aforementioned reason, in order to check it

according to paragraph 5, article 5 of the Greek Law 3310/2005, as itwas renumbered and modified by the paragraphs 3 and 8respectively, of the article 5 of the Greek Law 3414/2005.

14.6.1 Bidding companies, Greek and foreign, must submit a declaration onoath that they are not offshore companies according to the provisionsof case a. par.4 of article 4 of the Greek Law 3310/2005.

14.6.2. As per Presidential Decree 82/1996 and the Law 3310/2005 asamended by Law 3414/2005 stipulations, Greek Incorporated/PublicLimited companies participating in the Bid, shall submit the following:

A Certificate issued by the department of commerce ofthe relevant Prefecture stating that the companys

shares are personal.

A detailed list of the companys shareholders and thenumber of shares each shareholder (individual, Limitedor Personal company) has in his possession as perofficial entries in the Companys Shares Book. This listshould be no more than thirty (30) working days oldbefore the date of Bid submission. In the case thatamong Bidders shareholders, which hold at least 1% ofthe total number of company shares, are otherIncorporated/Public Limited companies, these

companies should have in turn their list of shareholders(individuals, Limited or Personal companies), and so on,

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until the shareholders of all companies involved can bedefined down to the level of individuals, Limited orPersonal companies.

14.6.3 Foreign companies participating in the Bid severally or as

members of a Consortium/Joint Venture, in case provision is madeby the Law of the country of registration, shall submit the following:

A Certificate issued by the competent authority

pursuant to the laws of the country of registration, fromwhich it can be established that the company shares

issued according to the companys statutes in effect arepersonal; In case the companys shares were

unregistered according to the companys statutes, therelevant procedure for the amendment to companysstatutes provisioning all company shares to be renderedpersonal, must have been completed and approved by

the Supervising competent authority, by the time ofBidding and no later than the Bid due date.

A detailed list of the companys shareholders and thenumber of shares each shareholder (individual, Limitedor Personal company) has in his possession as perofficial entries in the Companys Shares Book pursuantto the laws of the country of registration office. This list

should be no more than thirty (30) working days oldbefore the date of Bid submission. In the case that

among Bidders shareholders, which hold at least 1% ofthe total number of company shares, are other

Incorporated/Public Limited companies, thesecompanies should have in turn their list of shareholders(individuals, Limited or Personal companies), and so on,until the shareholders of all companies involved can bedefined down to the level of individuals, Limited orPersonal companies.

any other pertinent documentation, no more than thirty(30) working days old before the date of Bidsubmission, from which the list of the companysregistered shareholders can derive.

In case there is no obligation deriving from the legislation ofthe country of registration for the participating in the Bid

foreign companies, to render their shares personal, then theyhave to submit the following documents:

A certificate issued by the competent authority of thecountry of registration, establishing that no such legalobligation exists; otherwise to submit a statementunder oath of such context.

A valid and updated list of its registered shareholders,holding at least 1% either of the total number ofcompany shares or of the companys voting rights.

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In case of no such updated list of registeredshareholders, the foreign company must submit a list ofits shareholders holding at least 1% either of the totalnumber of company shares or of the companys votingrights, produced according to the most recent General

Assembly, on condition that these shareholders areknown to the company. Otherwise, the company has toprovide justification for the reasons why theseshareholders are not known, subject to the approval

and assessment of the CLIENT.

14.6.4 Greek or foreign companies participating in the Bid severally oras members of a Consortium/Joint Venture, which are entered

in the Stock market of a European Union (E.U.), or of EconomicCollaboration and Growth Institution country, in order to beexcluded from the obligation of definition of the shareholdersdown to the level of individuals, limited or personal companies,

shall submit the following documents:

A certification of the Stock Market Authority, certifyingthat the Company is entered in the Stock Market.

An informative bulletin of the Company s shareholders.

All the above documents must be duly certified by the competent

authority of the registration country of the Bidder and shall beaccompanied by official translation in the Greek or English language.

14.7 Published or certified copies of Bidders, or in case of a J/V, of each of

its members, Statements of Accounts for the last three (3) years anda duly signed declaration (of the bidder or in case of J/V of each of itsmembers) stating the following of the latest Statement of Accounts:

a. Total assetsb. Total liabilitiesc. Net worth (total assets minus total liabilities)

Sub jec t t o re j ec t i on o f t he B id , net worth (of the bidder or in caseof J/V of each of its members) cannot be lower than 5% of theestimated cost of the project.

14.8 References from Banking Institutions concerning the financial status

and credit (including both credit capacity and guarantee letters) ofthe Bidder, for a minimum amount of one hundred fifty million(150.000.000) EURO. In case of a J/V, said banking references

should be covered by the members of the J/V cumulatively.

B. TECHN I CAL EXPERI ENCE DOCUMENTATI ON

14.9 Bidders Profile

Documents indicating the profile, structure, organization andinfrastructure of the Bidder, or in the case of a J/V of each of its

members, with regard to Detailed Engineering, Procurement andConstruction activities.

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Information and technical data on equipment and machinery, for usein similar Projects owned by the Bidder or in the case of a J/V of eachof its members or available for use through subcontracting agreementor other agreements according to Article 54 of Directive 2004/17/EU

as well as computer hardware and software, works and technologiesoffered.

14.10 Bidders Experience

a. List of Bidders, or in the case of a J/V of each of its members, EPC

and/or Construction Contracts (as a Contractor or a sub-Contractor), for t h e c o n s t r u c t i o n o f L N G t a n k ( s ) a n dc ryogen i c w orks i n LNG rece iv i ng t e rm ina l s that have beensuccessfully mechanically completed in the last eight (8) years,stating analytically:

Project title Owner/Client with a contact name.

Type of Contract, Contract number, Contract award date.

Description of the studied tank(s)

Brief technical description of Contracts scope.

Initial and final Contract Price.

Planned and actual completion period.

The participation interest (%) in the J/V (if applicable)

In the case the Bidder was a sub-Contractor, a written declaration

from both Client and main Contractor of the Project, with allabove information, is required.

b. List of Bidders, or in the case of a J/V of each of its members, EPCand/or Construction Contracts currently under execution (as aContractor or a Sub-Contractor) for the construction of LNGtank(s) and cryogenic works, stating analytically theaforementioned information (as per 14.10a. above) as well as theun-executed part for each Contract (in terms of progress/cost) onthe Bid submission date.

Note on 14.10.a and b:

In the case that the Bidder is a member of a Group of companiesformed after merging, as per provisions of Law No 2940/01, thecumulative experience shall be considered.

c. Sub jec t t o re j ec t i on o f t he B id , t h e B i d d e r m u s t h a v esuccess fu l l y mechan i ca l l y comp le ted (mechan i ca l l y

c o m p l e t e d m e a n s c o m p l e t e d t o b e r e a d y f o r

c o m m i s s i o n i n g) within the last eight (8) years, solely or as amember of a J/V with a minimum participation interest of 25% insuch Joint Venture, at least :

(i) one E.P.C. (ENGINEERING, PROCUREMENT ANDCONSTRUCTION) project including the detailedengineering, procurement and construction of one LNG

tank with at least 65.000m3 storage capacity.an d

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(ii) one E.P.C. project of cryogenic installations (orexpansion of cryogenic installations) on a LNG receivingterminal with a final normal (Sustainable MaximumSend Out Rate - SMSR) send out capacity of at least

1000 m3/h LNG.

A l l t he above mus t be p roved by ce r t i f i ca t i on (mechan i ca l

c o m p l e t i o n c er t i f i c at e o r r e l ev a n t d o c u m e n t ) i ss u ed b y t h e

r e l ev a n t o w n e r .

In the case of a J/V, the above minimum requirement (i) must besatisfied by the Leader of the J/V and the above minimum

requirement (ii) must be satisfied by any member of the J/V .

14.11 Sub j ec t t o re j ec t i on o f t he B id, the Bidder, or in case of a J/V each

of its members, shall submit a latest edition Management SystemCertificate according toa) ISO 9001b)ISO 14001 andc) OHSAS 18001or equivalent Certificates or evidence of equivalent managementassurance, as stated in Article 52 of the European Directive2004/17/EU, valid at the time of Bid submission.

C. ADDI TI ONAL DOCUMENTATI ON I N CASE THAT THE BI DDER

RELI ES ON PARTI CULAR RESOURCES OF OTHER ENTI TI ES

14.12 In case the Bidder relies on and uses the economic and financialor/and technical or/and professional capacity of Other Entities, as perDirective 2004/17/EC, article 54, these Entities must be registered ina European Union (E.U) or a European Economic Area (E.E.A) countryor a country having an Association or Bilateral Agreement with theE.U, allowing the participation in Public Sectors Tenders and thedocuments mentioned below should be included in Envelope A foreach Other Entity:

14.12.1 Declaration signed by the Legal representative of such OtherEntity that all submitted data and information are true.

Duly certified documents of the Company statutes validaccording to the legislation of the country of registration andin case of companies operating under Greek law

publications in the Greek Government Gazette of articles ofAssociation, Composition of the Board of Directors,registration of the Company to the Registry of Departmentof Commerce (ARMAE),Documents under subparagraphs 14.4, 14.5 and 14.6. ofpresent article, where the term Bidder is substituted bythe term Other Entity. In addition :

In case the Bidder relies on and uses the economic

and financial capacity of Other Entities, the duly

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certified documents described in paragraph 14.7 and14.8, of present article,

In case the Bidder relies on and uses the technicalor/and professional capacity of Other Entities, theduly certified documents described in paragraphs

14.3, 14.9, 14.10 and 14.11 of present article,

where the term Bidder is substituted by the term OtherEntity.

In case that above mentioned documents are not submitted,the application of use of particular resources of Other

Entities shall not be taken into consideration.

14.12.2 A certified copy of the Minutes of Meeting of the Board of

Directors, or other competent decision-taking body or dulyauthorized person of the Other Entity, regarding theapproval of the availability to the Bidder, for the wholeduration of the execution of the CONTRACT, of the particulareconomic and financial or/and technical or/and professionalcapacity. The relevant decision should be detailed andshould specify the particular resources to be available forthe WORKS, in a manner that the OWNER can proceed with

evaluation and judge the importance of those resourcesduring the bidding phase and can control the realization of

said commitment during the execution of the CONTRACT.

14.12.3 Original copy of binding agreement between the Bidder andsuch Other Entity proving the relationship between themand the commitment for provision of resources.

In case that the requirements listed above are not fulfilled, suchapplication of the Other Entity shall not be taken into consideration bythe OWNER.

Above mentioned relationship shall be valid for the whole duration ofthe CONTRACT. In case that during the CONTRACTS performance therelationship between the Bidder and the Other Entity is not valid,OWNER has the right to apply the contractual provision for

CONTRACTORS forfeiture.

The declarations and the documentation both of the Bidder and of theOther Entity related to the use of particular resources shall be part ofthe Contract Documents.

Any individual Other Entity can not be a Joint Venture or Consortiumof Other Entities and can make its capacity and services available, inaccordance with the provisions mentioned above, to only one Bidder.

1 5 . CONTENTS OF ENVELOPE B

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Envelope B shall contain one (1) original plus one (1) copy of the followingdocuments, numbered and in sequence as follows:

15.1 BI D LETTER (as per Annex 1) w i t h o u t p r i c e s, duly signed by theBidder.

15.2 Technical documentation in full accordance to the requirements asspecified in Annex 4: TECHNICAL PROPOSAL of SECTION:

INSTRUCTIONS TO BIDDERS .

15.3 Furthermore, Bidders shall submit the following:

a. Proposal of Equipment Compatibility. The Bidder must include a

proposal for the optimal cooperation of the new with the existingequipment, in which he must elaborate how he plans to ensurethat the equipment proposed by the Bidder can be incorporatedin the terminal, shall not interfere with the existing installations,

shall comply and collaborate with the equipment already inoperation etc.

b. Proposal regarding Seismic Requirements. In this section theBidder must include a detailed description of the Biddersapproach to designing and constructing a LNG Tank based on thevery high seismic requirements of the Requisition. All previouseight (8) years experience of Bidder in designing and

constructing LNG Tank projects (completed or in progress) withsame or more adverse than Revithoussa seismic specifications

must be also included and presented. As the project is located inan area of high seismicity and is close to inhabited areas and

only 30 km away from the densely populated area of Athens andits suburbs, great importance is placed by the Owner in thissection of the tender.

c. Proposal for the execution of:1. The upgrading of the DCS system for the LNG Terminal

(including the 3rd Tank),2. The ship cool down vapour line,3. The boil off/shut down line which must deviate the process

area of the Terminal.4. Installation of Civil Monitoring System similar to the existing

in order to control the integrity of tank civil structure.

A narrative description of the Bidders experience in theexecution of similar works must be included.

d. Any other proposal or method statement the bidder deemsnecessary based on the criteria of evaluation.

Genera l Not es :

1 ) D e v i a t i o n s , i f a n y a n d t o t h e e x t e n t p e r m i t t e d b y t h e A r t i c l e 8here above , shou ld be en te red i n to a separa te l i s t under a

re levan t head ing . I n case the re a re no such dev ia t i ons , t h e wor d N O N E m u s t b e s t a t e d i n a r e l e v a n t d o c u m e n t , u n d e r t h e s a m e

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as above head ing .

2 ) B idders shou ld no t i nc lude i n Enve lope B any da ta connec ted tothe i r o f fe red p r i ces ( i nc luded i n Enve lope C) , o the rw ise the i r o f fe r

sha l l be re jec ted .

I MPORTANT NOTE:

I t i s he reby c l a r i f i ed tha t B idder s Techn i ca l Data con ta ined i n

Enve lope B sha l l be rev iew ed by OWNER so le l y fo r t he pu r pose o f

B ids eva lua t i on . Th i s rev iew can in no w ay be i n te rp re ted as

OWNERs accept ance o f t he B idder s Techn ica l Of fer . The WORKS

as per t he CONTRACT to be s ign ed w i th th e success fu l B idder

(CONTRACTOR) sha l l be executed, tes ted and comple ted as per

OWNERs i ns t ruc t i ons desc r i bed i n the techn i ca l pa r t o f t he

T en d e r / Co n t r a c t D o cu m e n t s .

1 6 . CONTENTS OF ENVELOPE C

16.1 Envelope C must contain one (1) original of the following documents:

1) BI D LETTER (as per Annex 1) wi th P r i ces, duly stamped andsigned by the Bidder.

2) PRI CE SCHEDULE (PRICES & RATES) filled-in and duly stampedand signed by the Bidder.

Offer Prices quoted in the Price Schedule should be in strict

accordance with the Inquiry Documents.

Quoted CONTRACT PRICE shall include any cost forexecution of the WORKS described in the InquiryDocuments, including CONTRACTORS profit.

Value Added Tax (VAT) shall NOT be included in thequoted prices.

16.2 The Bidder shall initial and stamp each page of the contents ofEnvelope C as well as must sign and stamp as provided in the InquiryDocuments.

In case any deviation from the OWNERS requirements is contained inBidders ENVELOPE C, which is not mentioned in the relevant list as

per Art. 8 and 15 hereinabove, OWNER reserves the right to reject theBid.

16.3 Any uninitialled page may be initialled by the Legal Representative ofthe Bidder at the time of opening of Envelope C. In any case allmembers of the Inquiry Committee may initial the relevant pages ofthe contents of Envelope C and Bid shall be considered as valid.However, any omission in duly signing by the Legal Representativeaccording to ANNEX 1 of SECTION: INSTRUCTIONS TO BIDDERS aswell as SECTION: PRICE SCHEDULE, shall be a reason for rejectionof the Bid.

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17 . EVALUATI ON PROCEDURE

17.1 Only Bidders which have submitted an Envelope A according to Article14 will be accepted for further evaluation.

17.2 Bids shall be rejected if:

It appears from Envelope A that the Bidder does not have theknow-how or the experience and generally the technical and/or

the financial capacity, to execute the Contract.

The Bidder has committed any serious professional misdeed whichcan be verified by any means by OWNER.

The Bidder has provided, at any stage of the Inquiry, falseinformation.

The Bid is not precise enough to the point that it is impossible toestablish with certainty what is offered against which price, or if itis not responsive or if the offer price is unreasonably low.

17.3 For the evaluation of the Bids all deviations (i.e. comments,qualifications, deviations, exceptions, etc.) in the list as per Article 8,

contained in Envelope B, will be grouped by the Inquiry Committeeand at his option, into two (2) categories as follows:

a)Those which can be accepted without any price impact.

b)Those which cannot be accepted or have an economic impactthat affects the financial offer. In such case the relevant Bid willbe rejected.

17.4 In case a deviation is contained in the contents of ENVELOPE B andsuch deviation is not mentioned in the list of deviations as per Art. 8and 15 hereinabove, then OWNER reserves the right to consider thatthis constitutes a case of submission of false information and to rejectthe Bid.

17.5 TECHNICAL EVALUATION

Bidders Technical Offer shall be evaluated by OWNER following the

below mentioned criteria, based on Bidders submitted information inEnvelope B:

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(*) Grade shall be given on a 10 point scale (i.e. 100, 90, 80, etc.),

where the values 100, 70, 50, 30 and 0 represent the following:

N o I T EM S ( * * )

WE IG HTI NG

FACTOR

( 1 )

GRADE

( * )

( 2 )

PRODUCT

( 1 ) x ( 2 )

A. PROJECT EXECUTI ON

A.1

Project execution plan: completeness of offer and conformity

with Inquiry requirements 25%

30%

A.2Contractors organization, project organization chart and keypersonnel supported by experience in similar EPC contracts

25%

A.3

Time Schedule-evaluation of analysis of activities and

whether this represents a good understanding of the works

involved

25%

A.4Time Schedule-substantiation of overall deadline to the

satisfaction of the Owner25%

B. ENGI NEERI NG

B1 Civ i l Engineer in g

20%

B1.1Civil Engineering: completeness of offer and

conformity with Inquiry requirements10%

B1.2Proposal for approach to dealing with the seismic

requirements of the Requisition20%

B2 Mechanica l and Pip ing Engineer ing

B2.1Mechanical and Piping Engineering: completenessof offer and conformity with Inquiry requirements

10%

B2.2 Mechanica l Equipm ent

B2.2.1

Rotating Equipment (e. g. in tank pumps:

completeness of offer and conformity with Inquiryrequirements

10%

B.2.2.2All packaged units completeness of offer andconformity with Inquiry requirements

5%

B.2.2.3General mechanical equipment compatibility with

existing installations5%

B.3 Electrical and I&C Engineering: completeness of offer andconformity with Inquiry requirements

10%

B.4 Metallurgy, painting and insulation: completeness of offer

and conformity with Inquiry requirements10%

B.5 Process and HSE Engineering 20%

C. PROCUREMENT

C1Procedures, Organization, Vendor Selection: completeness ofoffer and conformity with Inquiry requirements

50%

10%

C2Purchasing, shipping, transportation: conformity with Inquiry

requirements25%

C3 Inspection: conformity with Inquiry requirements 25%

D. CONSTRUCTI ON/ COMMISSI ONI NG

D1Construction Execution Plan: completeness of offer and

conformity with Inquiry requirements25%

30%

D2

Subcontractors selection: completeness of offer and

conformity with Inquiry requirements 25%

D3

Proposal of execution of the upgrading of DCS system, of

the ship cool down vapour line, of the boil off shut down lineand of the Civil Monitors System/: completeness of offer and

conformity with inquiry Requirements

25%

D4Health, safety and environment requirements: completenessof offer and conformity with Inquiry requirements

25%

E. QUALI TY ASSURANCE AN D CONTROL: completeness of offerand conformity with Inquiry requirements

1 0 %

BI DDERS TOTAL WEI GHTED GRADE :

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1 0 0 : Items for which the Technical Offer is fully documented, infull accordance with the Inquiry requirements, or better.

7 0 : Items for which the Technical Offer is complete andsatisfactory in all major issues of the Inquiry requirements.

Minor omissions occur.

5 0 : Items for which the Technical Offer is complete andsatisfactory in most major issues of the Inquiry

requirements. Omissions occur but do not affect theWORKS.

3 0 : Items for which the Technical Offer is incomplete in major

issues and can not be considered as technically acceptable.

0 : Items for which the Technical Offer is not acceptable.

(**) - Item A1 refers to the requirements as per Technical Proposal,chapter GENERAL, chapter SECTION 0 PROJECT EXECUTIONpar. 1.1. General, par. 1.2 Activity Centers, par. 1.3Communications / Information transfer and SECTION IENGINEERING chapter GENERAL.

- Item A2 refers to the requirements as per Technical proposal,chapter SECTION 0 PROJECT EXECUTION par. 2 Bidders

Organisation Chart, par. 3 Bidders Key Personnel and par. 4Facilities for Owners Staff.

- Item A3 refers to the requirements as per Technical Proposal,

chapter SECTION 0 PROJECT EXECUTION par. 6 Planning,Progress and Manhours.

- Item A4 refers to the requirements as per Technical Proposal,chapter SECTION 0 PROJECT EXECUTION par. 5 schedule.

- Item B1.1. refers to the requirements as per TechnicalProposal, chapter SECTION I ENGINEERING par. 1.2 CIVILAND STRUCTURAL ENGINEERING with its associated subpars1.2.1 up to 1.2.10.

- Item B1.2. refers to the requirements as per Instruction to

Bidders par. 15.3, subpar (b) Proposal regarding SeismicRequirements.

- Item B2.1. refers to the requirements as per TechnicalProposal, chapter SECTION I ENGINEERING par. 1.3MECHANICAL ENGINEERING, subpar. 1.3.3. LNG Inner tank andpar. 1.4. PIPING ENGINEERING.

- Item B2.2.1. refers to the requirements as per TechnicalProposal chapter SECTION I ENGINEERING par. 1.3MECHANICAL EQUIPMENT, subpar. 1.3.1 Rotating Equipment.

- Item B2.2.2. refers to the requirements as per Technical

Proposal chapter SECTION I ENGINEERING, par. 1.3MECHANICAL EQUIPMENT, subpar. 1.3.2 All Packaged Units.

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- Item B2.2.3. refers to the requirements as per Instruction toBidders par. 15.3, subpar. (a) Proposal of EquipmentCompatibility.

-Item B.3. refers to the requirements as per Technical Proposal,chapter SECTION I ENGINEERING, par. 1.5. INSTRUMENTENGINEERING, par. 1.6. ELECTRICAL ENGINEERING, with itsassociated subpar. 1.6.1. and 1.6.2.

- Item B4 refers to the requirements as per Technical Proposal

chapter SECTION I ENGINEERING, par. 1.7. METALLURGY,PAINTING AND INSULATION with its associated subpars 1.7.1.,

1.7.2. and 1.7.3.

- Item B5 refers to the requirements as per Technical Proposalchapter SECTION I ENGINEERING, par. 1 THE WORKS and

par. 1.1 PROCESS AND HSE ENGINEERING.

- Item C1 refers to the requirements as per Technical Proposal,chapter SECTION II PROCUREMENT par. 1 Procedures,Organisation, Vendor Selection and its associated subpars 1.0,1.1., 1.3. and i.6.

- Item C2 refers to the requirements as per Technical Proposal,

chapter SECTION II PROCUREMENT par. 1 Procedures,Organisation, Vendor Selection and its associated subpars 1.2.

and 1.5.

-

Item C3 refers to the requirements as per Technical Proposalchapter Section II PROCUREMENT par. 1.4. Inspection.

- Item D1 refers to the requirements as per Technical Proposal,chapter SECTION III CONSTRUCTION / COMMISSIONING, par.1 Construction Execution Plan.

- Item D2 refers to the requirements as per Technical Proposalchapter SECTION III CONSTRUCTION / COMMISSIONING, par.2 sub-Bidders selection.

- Item D3 refers to the requirements as per Instruction to Bidders

par. 1.5.3., subpar (C ).

- Item D4 refers to the requirements as per Technical Proposal,chapter SECTION III CONSTRUCTION / COMMISSIONING, par. 3Health, Safety and Environment Requirements, its subpars 3.1.up to 3.4. and par. 4 Terminal Site and Local Areas.

- Item E refers to the requirements as per Technical Proposalchapter SECTION IV QUALITY ASSURANCE AND CONTROL,par. 1 PROJECT QUALITY PLAN AND SYSTEMS, par. 2 QUALITYCONTROL AND INSPECTION and par. 3 DESIGN VERIFICATIONAND INTERFACE CONTROL.

Cond i t i on s fo r t h e Re jec t i on o f t he B id :

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During the Technical Evaluation phase, the Technical Offers arerejected under the following conditions:

a) If the Bidders Total Weighted Grade is less than 65

b) If the Bidders Grade in any of the items .1, .2, .3, .4,

.1.1, .1.2, .2.1, .2.2.1, .2.2.2, .2.2.3, .3, .4, B.5,C.1, C.2, C.3, D.1, D.2, D.3, D.4 & E in the Table here above

is 30 or less.

For those Bidders for which the Technical Offers are acceptable, asabove mentioned, the opening of Envelope C will follow.

17.6 FINANCIAL EVALUATION

For the Bids that have been so far accepted, the opening of EnvelopeC will follow and the Financial Offers shall be announced.

During this stage OWNER may, at his discretion, ask any Bidder(s) tojustify in writing his (their) offered price(s) and OWNER reserves theright to reject any offer that in his opinion is unreasonably low.

The successful Bidder will be the one acceptable Bidder having the

lowest unrejected Offer.

17.7 Not Applicable.

17.8

OWNER reserves the right not to award the WORKS as a result of thisInquiry, or to repeat the Inquiry or any phase of it or cancel theInquiry or proceed otherwise according to his benefit, without anyobligation to the Bidders.

17.9 The evaluation of the Bids will be concluded with the (written)approval of its results by the OWNER.

I MPORTANT NOTE:

I t i s he reby c l a r i f i ed tha t i f t h e To ta l O f fe red Pr i ce is g rea te r t h an the

Es t im a ted Va lue o f t he Con t rac t ( 11 5 .000 .000 ,00 exc lud ing VAT) , as i t i s

speci f i ed i n sect i on I I . 2 .1 o f t he re levan t Con t rac t No t i ce , re l evan t B id sha l l

be re jec ted .

18 . AW ARD-CONTRACT SI GNATURE

18.1 The successful Bidder will receive a Letter of Intent (by letter or fax)which may include OWNERs proposal for improvement to the Offer.

The successful Bidder upon receipt of said Letter of Intent, but notlater than two (2) working days as from its receipt, shall notifyOWNER (by letter or fax) of its acceptance without any reservation.Following this, a Letter of Award will be issued by OWNER.

The CONTRACT will be signed as soon as said Bidder submits to

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OWNER the following documents, which documents in any caseshould be submitted not later than ten (10) working days from theday of issue of Letter of Award:

A. Minutes of the successful Bidders (or in case of a J/V from

each of its members) Board of Directors, or other competentdecision making body of successful Bidder, duly signed, andstating:

(i) Their decision to accept the CONTRACT award.

(ii) The appointment, by a Power of Attorney, of the LegalRepresentative(s) who must be authorised to sign the

CONTRACT and to act on CONTRACTORS behalf duringthe execution of the CONTRACT.

B. Declaration signed by said Legal Representative (s) accepting

the aforementioned Power of Attorney without any conditionsor reservations.

C. Performance Guarantee as stated in Article 9 hereabove(GUARANTEES)

D. In case of a Joint Venture, legal documents proving that theJoint Venture has been formed according to Article 11

stipulations and according to the Law.

E. As per Presidential Decree 82/1996 and the Law 3310/2005 asamended by Law 3414/2005 stipulations,

Greek Incorporated/Public Limited companies, shall have tosubmit the following:

A Certificate issued by the department of commerce ofthe relevant Prefecture stating that the companysshares are personal.

A detailed list of the companys shareholders and thenumber of shares each shareholder (individual, Limitedor Personal company) has in his possession as perofficial entries in the Companys Shares Book. This listshould be no more than thirty (30) days old from the

date of submission to the OWNER. In the case thatamong Bidders shareholders, which hold at least 1%

of the total number of company shares, are otherIncorporated/Public Limited companies, thesecompanies should have in turn their list ofshareholders (individuals, Limited or Personalcompanies), and so on, until the shareholders of allcompanies involved can be defined down to the levelof individuals, Limited or Personal companies.

Foreign companies, several or members of a Joint Venture,in case provision is made by the Law of the country ofregistration, shall have to submit the following :

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A Certificate issued by the competent authoritypursuant to the laws of the country of registration,from which it can be established that the companyshares issued according to the companys statutes ineffect are personal; In case the companys shares

were unregistered according to the companysstatutes, the relevant procedure for the amendment tocompanys statutes provisioning all company shares tobe rendered personal, must have been completed and

approved by the Supervising competent authority, bythe time of Bidding and no later than the Bid due

date.

A detailed list of the companys shareholders and the

number of shares each shareholder (individual, Limitedor Personal company) has in his possession as perofficial entries in the Companys Shares Book pursuantto the laws of the country of registration office. This

list should be no more than thirty (30) working daysold from the date of submission to the OWNER. In thecase that among Bidders shareholders which hold atleast 1% of the total number of company shares, areother Incorporated/Public Limited companies, thesecompanies should have in turn their list ofshareholders (individuals, Limited or Personalcompanies), and so on, until the shareholders of all

companies involved can be defined down to the levelof individuals, Limited or Personal companies.

Any other pertinent documentation, no more thanthirty (30) working days old from the date of

submission to the OWNER, from which the list of thecompanys registered shareholders can derive.

In case there is no obligation deriving from the legislation ofthe country of registration for the foreign companies, torender their shares personal, then they have to submit thefollowing documents :

A certificate issued by the competent authority of thecountry of registration, establishing that no such legalobligation exists; otherwise to submit a statementunder oath of such context.

A valid and updated list of its registered shareholders,holding at least 1% either of the total number of

company shares or of the companys voting rights.

In case of no such updated list of registeredshareholders, the foreign company must submit a listof its shareholders holding at least 1% either of thetotal number of company shares or of the companysvoting rights, produced according to the most recentGeneral Assembly, on condition that theseshareholders are known to the company. Otherwise,the company has to provide justification for thereasons why these shareholders are not known,subject to the approval and assessment of the

OWNER.

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In case the companies are entered in the Stock market of aEuropean Union (E.U.), or of Economic Collaboration andGrowth Institution country, the required documents are as perArticle 14.6.4 above.

F. The solemn declaration as per Article 14.6 above.

All the above documents must be duly certified by the competentauthority of the country of registration, and shall be accompanied by

official translation in the Greek language.

18.2 In case the successful Bidder fails to notify OWNER the acceptance ofOWNER's Letter of Intent within the aforementioned two (2) day time

limit or fails to submit the aforementioned documents (A to F ofparagraph 18.1 above) after OWNER'S letter of Award, OWNER shallhave the right to cancel the award of the CONTRACT to said Bidderand to claim for compensation of damages related to the delays due

to such failure of said Bidder and provisions of article 9.6 hereinaboveshall apply.

18.3 In case the successful Bidder is a Joint Venture, the award will be inthe name of all members ofJoint Venture. Each member of the JointVenture will be fully, jointly, indivisibly and severally liable to OWNERand will be represented by a common representative throughout thevalidity period of the CONTRACT.

19 . TAXES DUTI ES RETENTI ONS - EXCEPTI ONS

19.1 Payments to the CONTRACTOR are subject to retention. In particularthe following items are to be borne by CONTRACTORand must beincluded in the Lump Sum Price such as the percentage for generalexpenses, CONTRACTORS profit, expenses arising from its generalobligations, and any other surcharges provided by Greek Law.

Such surcharges include but are not necessarily limited to:

a. Income tax and withholding tax in Greece as these may be finallyassessed by the application of an eventual bilateral agreement.

b. CONTRACTORS Social Security contributions.c. All import duties, other taxes and retentions.d. The Value Added Tax (VAT) as well as all other taxes and any

other charges as required to be paid by the CONTRACTOR for theWORKS execution.

19.2 It is clarified that only the Value Added Tax (VAT) on theCONTRACTORS invoices in OWNERS name payable to the Greek TaxAuthorities will be paid by OWNER and therefore it is excluded fromthe CONTRACT PRICE.

20 . CONFI DENTI ALI TY

Any technical information and data furnished by OWNER with the Inquiry

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Documents shall remain the property of OWNER and shall be treatedconfidentially and they shall not be used, disclosed or released to any ThirdParty for any other purposes, other than for preparing the Bids.

21 . RESERVATI ONS AND RI GHTS OF THE OWN ER

21.1 Participation to the Bid constitutes an acceptance by the Bidder that it

has complete knowledge of the terms and provisions of the InquiryDocuments and accepts their contents without reservation.

Any omission to submit the Bid according to the Inquiry Documents

as well as the omission of a signature on any document does notentitle the Bidder to invoke this fact in its (Bidders) favour in anyway.The Bidder shall be responsible for and bound by its Bid as submitted.

21.2 OWNER will have no responsibility or obligation whatsoever toindemnify and/or to compensate the Bidder for any expense or lossincured for the preparation and submission of the Bid, in particular, incase the terms and provisions of the Inquiry Documents are changedby OWNER or the Bid is not accepted, or the Inquiry is adjourned orannulled or cancelled at any stage and time and for any reasonwhatsoever, or in case OWNER takes any decision according to the

terms and provisions of the present Inquiry Document. Therefore,participants to the Inquiry which submit a Bid, regardless of whether

this is finally accepted or not, have no right against the OWNERderiving from the Inquiry or for participating to the Bidding.

21.3 The Bid is considered to be a proposal to the OWNER and not anacceptance of it by the OWNER. Therefore the CONTRACTsample andother issues and documents imply that the Bidders submit their Bid inaccordance with the terms and provisions of those issues anddocuments that constitute an integral part of their Bid.

21.4 The terms, provisions and limitations concerning the submission ofBids are to the benefit of the OWNER, who is entitled to proceed withany relevant change before the submission of Bids without any righton behalf of the Bidder or other third parties arising from this fact.

22 . LOCAL LAW S AND REGULATI ONS

The Bidder must be fully aware oflocal Laws, Regulations, Decrees, practicesand other conditions in Greece, which might affect its Bid and theperformance of its obligations.

Failure of the Bidder to become familiar with such matters shall not release itfrom its obligations.

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23 . APPLI CABLE LANGUAGE

The Bid including all related documentation and all communication shall besubmitted in Greek or English.

Documents submitted or originally issued in a language other than Greek orEnglish must be officially translated into Greek or English.

24 . SI TE V I SI T

The Bidders should visit the SITE to become fully acquainted with the

existing and expected conditions, which might in any way, influence the costand/or implementation of the Scope of Work. The Bidders shall cover allcosts incurred by the Bidders in connection with the SITE visit.

Any failure to fully investigate the SITE or the foregoing conditions shall notrelease any Bidder from its responsibility to properly consider the difficulty orcost of successfully implementing any part of the Scope of Work.

25 . CLARI FI CATI ON MEETI NGS/ OWNERS CLARI FI CATI ON OF BI D

If requested by OWNER, the Bidder must be prepared for a formalpresentation of his Bid, an interview of the main proposed key personnel

involved in the execution of the WORKS as well as to clarify any queries ofthe OWNER probably at OWNERS premises. Such meetings shall take place

at any reasonable time between Bid submission and CONTRACT award. TheBidder shall make its own arrangements for attending said meetings andbear the associated costs.

Should the intent or meaning of the Bid received appear unclear orambiguous, OWNER has the right to ask the Bidder for clarifications.

26 . BI DDERS CLARI FI CATI ON REQUESTS

The Bidder may request in writing clarification of the Inquiry Documents atany time up to fifteen (15) calendar days prior to the Bid due date.

OWNER will endeavour to reply to the requested clarifications not later thanten (10) calendar days before the Bid due date.

27 . OWN ERS AMENDMENTS TO THE I NQUI RY

OWNER may issue amendments in the form of a Bid Addendum at any stageduring the Bid period but not later than six (6) DAYS before the initial Biddue date and extend the time for submission of Bids equal to the initialContract Notice following the provisions of Directive 2004/17/EC, article 45.

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The Bidders sha l l con f i rm i n w r i t i n g the i nc lus ion i n the i r B id o f a ll

c la r i f i ca t i o n s/ a m e n d m e n t s i ss u ed p r i o r t o r e c ei p t o f t h e B id b y t h e

OWNER (See Annex 1 B id Le t te r ) .

Fo r c l a r i f i ca t i ons / amend m ents i ssued by OWNER subsequen t t o

r e c e i p t o f t h e B i d , b u t i n a n y w a y p r i o r t o t h e B i d d u e D a t e , t h eB idder sha l l be respons ib le fo r t ho rough l y examin ing the B id

d o c u m e n t s a n d i n c or p o r a t i n g t h e c la r i f i ca t i o n s/ a m e n d m e n t s i n h i s

B id . Any fa i l u re by the B idder to comp ly w i th t he a fo resa id

c lar i f i ca t i ons o r am endm ents i ssued by th e OWNER, may b e a reason

fo r t he re jec t i on o f i t s B id .

2 8 . ATTACHED DOCUMENTS

The following Annexes are attached herein and constitute integral part of

present Instructions to Bidders:

ANNEX 1: FORM OF BID LETTERANNEX 2: FORM OF PARTICIPATION GUARANTEEANNEX 3: FORM OF DECLARATIONANNEX 4: TECHNICAL PROPOSAL

ΤΕΥΧΟΣ ΣΕ ΔΗΜΟΣΙΑ ΔΙΑΒΟΥΛΕΥΣΗ_283_11

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