AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR QUOTATIONS FOR THE ANNUAL SUPPLY OF MOBILGARD ADL 40 LUBE OIL.

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1 AMERICAN SAMOA POWER AUTHORITY OFFICE OF PROCUREMENT REQUEST FOR QUOTATIONS FOR THE ANNUAL SUPPLY OF MOBILGARD ADL 40 LUBE OIL August 14, 2009 RFQ NO. 2009GEN-1023 MICHAEL J. KEYSER Chief Executive Officer RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 1

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3 AMERICAN SAMOA POWER AUTHORITY SPECIAL REMINDER TO PROSPECTIVE SUPPLIERS Suppliers are reminded to read the General Terms and Conditions attached to the Quote Invitation to ascertain that all of the following requirements (see checked boxes) are included in the quote envelope at the date and time for quote opening. [X] 1. Quote Forms a. Quote Transmittal Form (Attachment C) b. Cost Quote (Attachment C) [X] 2. Suppliers Qualification Sheet (Separate sheet to be provided by supplier) The Supplier shall submit as part of its quote a full explanation of its qualifications in accordance with the section entitled Supplier s Qualification Data. [X] 3. Bid Bond Suppliers shall include a cashier s check or Bid Bond in an amount of Twenty-five Thousand Dollars ($25,000.00) in United States Dollars. Bid Bonds shall be refunded in full upon successful execution of a written agreement with the winning supplier. (Attachment D) [X] 4. Business License [X] 5. Lube Oil Specifications Suppliers shall submit lube oil specifications from the refinery for the proposed product. [X] 6. Technical proposal and prior related experience RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 3

4 AMERICAN SAMOA POWER AUTHORITY GENERAL TERMS AND CONDITIONS ANNUAL SUPPLY OF MOBILGARD ADL 40 LUBE OIL RFQ NO. 2009GEN BACKGROUND. ASPA s collective operating consumption of lubricating oil for its generator fleet is approximately 100,000 gallons per year. Substantial performance testing over the past two decades has resulted in the standardized use of Mobilgard ADL 40 lube oil across ASPA s entire operation. ASPA has historically used 5,200-gallon ISO tanks. Currently, one ISO tank is always connected online at ASPA s Tafuna power station and one ISO tank is always connected online at ASPA s Satala power station. Each ISO tank provides up to six (6) weeks supply when put online. Additionally, ASPA always keeps in reserve four (4) additional ISO tanks to mitigate against shipping delays and other potential supply chain issues. For the Tafuna power station, the online ISO tank rests on a concrete slab inside a secondary containment berm, connected to a manually controlled pump, which is connected to a two-inch underground pipeline leading from the secondary containment berm to the power station (into a lube oil day tank). For the Satala power station, the online ISO tank rests on a concrete slab outside, connected to an aboveground pipeline which pumps lube oil into a day tank. Lube oil is then gravity fed into the ASPA generators. Both pumps for the two power stations are manually operated. In order to maintain its operating protocol, orders of two (2) ISO tanks are scheduled to arrive every four to six weeks, with two empty ISO tanks departing at the same frequency. ASPA s purchase of lube oil is currently a per-gallon price, inclusive of all products, shipping, and return costs, as well as time on site at ASPA. ASPA intends to improve its efficiency and achieve additional cost savings through the transition to using flexitanks. ASPA recognizes that the per-gallon lube oil/iso price includes a substantial amount of unnecessary cost, including the cost of return delivery of empty ISO tank, as well as on-site storage fees. ASPA realizes that the transition to flexitanks may require facility and equipment alterations, as well as additional training. 2. SCOPE OF WORK. Please refer to Attachment A. 3. PURCHASE PRICE. ASPA recognizes that the ExxonMobil ex refinery price for lube oil changes throughout the year. Suppliers should submit quotes that cite to the current lube oil price available to the supplier. Suppliers should indicate in their quotes whether their proposed contractual lube oil product price will be fixed or will vary. If the price will vary, suppliers should additionally indicate the source of the pricing (such as lube oil index, spot marker, ExxonMobil division/office, etc.). Suppliers are asked to utilize the price quotation document attached as Attachment A when submitting quotes. 4. DATE/TIME/PLACE FOR QUOTE SUBMITTAL. Each supplier must submit its quote in a sealed envelope addressed to the Procurement Manager. An original and five (5) copies of the supplier s quote must be received at the ASPA Procurement Office no later than 2:00 p.m. on September 18, Late submittals will not be opened or considered and will be determined as non-responsive. All suppliers shall provide sufficient written and verifiable information that responds to the requirements set forth herein. 5. PRE-QUOTE QUESTIONS: Any pre-quote questions and/or clarifications shall be submitted to the Procurement Manager in writing (through electronic mail or hard copy) prior to the closing date set forth above. Questions and/or clarifications are welcome and should be submitted on or before September 4, ASPA will also hold a teleconference call at a date and time TBA to answer queries and questions from Suppliers. Interested Suppliers are urged to contact ASPA Procurement to express interest in participating in the teleconference. ASPA reserves the right to issue addenda to address any questions and/or clarifications as necessary. Addenda will be issued no later than five (5) days prior to the quote submittal deadline. Only questions or clarifications addressed by written response or addenda will be considered legally binding. 6. BID BOND: RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 4

5 All quotes shall be accompanied by a Bid Bond or cashier s check made payable to ASPA in the amount of Twenty Five Thousand Dollars ($25,000.00) in United States Dollars to be forfeited to ASPA in the event of the failure of the supplier to honor the terms of the quote or to execute the contract. 7. RETURN OF BID BOND: ASPA reserves the right to retain the Bid Bond of the three lowest suppliers until the successful supplier has signed and delivered the contract. Upon failure of the successful supplier to sign and deliver said contract within the specified time, the next lowest quote may be accepted at ASPA s discretion, whereupon the above instructions and requirements will apply to the said second supplier. Bid Bond, in the form of legal tender or a cashier s check, will be returned promptly after the review of all quotes, except those of the three lowest suppliers, which will be retained and returned upon successful execution of the contract. 8. QUOTE PREPARATION INSTRUCTIONS: The quote must contain three (3) parts. Suppliers shall prepare their quotes in detail accordingly. a. Technical. Supplier must describe its approach in addressing the Scope of Work. This is to include delineation of specific tasks and schedules to be undertaken in addition to related objectives and goals. b. Prior Related Experience/Past Performance. Supplier must describe its related professional experience, background, past performance and credentials. This shall include a dossier of personnel qualifications. Supplier should provide references (3 or more) and a project history that verifies specific or related experience. Supplier must hold appropriate and current business licenses/certificates/etc. for these services. See also the section entitled Supplier s Qualification Data for further requirements under this subsection. c. Contract Price. Supplier must include the schedule of costs for the supply and installation as further described in the scope of work. 9. BASIS FOR SELECTION: Quotes will be evaluated by a Source Evaluation Board ( SEB ). SEB members shall be chosen by the Chief Executive Officer. Submission of a restrictive quote shall constitute a waiver of any challenge or dispute of the SEB members, as well as the choice of methodology set forth on the SEB score sheets. The award will be made by ASPA in accordance with the evaluation criteria set forth herein and with ASPA s Procurement Rules. A determination shall be made by the SEB of those responsible suppliers whose quotes are susceptible of being selected for award. The determination shall be included in the contract file. Discussions may be conducted by the SEB with those responsible suppliers whose quotes are determined to have reasonable chance of being selected for award. These discussions shall only be conducted for the purpose of obtaining clarification from the supplier on its quote to ensure full understanding of and responsiveness to the RFQ requirements. Discussions shall be conducted individually with each supplier and care shall be exercised to ensure that no information derived from competing supplier s quotes is disclosed. All suppliers with whom discussions are conducted shall be accorded an opportunity to revise their quotes in response to specific clarifications based on the discussions. Unless the Procurement Manager determines that satisfactory evidence exists that a mistake has been made, as set forth in Procurement Rule 3-114, suppliers will not be permitted to revise their quotes after quote opening. The results of the evaluation will be documented, and a written recommendation by the SEB will be sent to the Procurement Manager. The Procurement Manager, upon receiving the Source Evaluation Board s written recommendation, shall forward the SEB recommendation to the Board of Directors through the CEO, for final approval. Approval is not final until approved by the Board of Directors. ASPA reserves the right to make the award to the supplier that submits a quote, which meets the requirements set forth herein and is in the best interests of ASPA after taking into consideration the aforementioned factors. ASPA also reserves the right to select portions of a quote, or to reject any and RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 5

6 all quotes. 10. EVALUATION CRITERIA: Quotes will be evaluated and ranked by the Source Evaluation Board (SEB) by the following point system. Technical Quote: Site Visit Inspection Delivery methodology and description Experience: Delivery Sale of lube oil Price: Inland/onshore haulage Ocean freight Product price (current market price) Total: 0-10 points 0-10 points 0-5 points 0-5 points 0-20 points 0-20 points 0-30 points 100 point (best possible score 11. PROOF OF COMPETENCY OF SUPPLIERS: Any supplier may be required to furnish evidence, satisfactory to ASPA that proposed supplier has sufficient means, equipment, and experience in the types of work called for to assure completion of the contract in a satisfactory manner. 12. QUALIFICATION OF SUPPLIERS: ASPA may make such investigations as it deems necessary to determine the ability of the supplier to perform the work, and the supplier shall furnish to ASPA such information and data for this purpose as ASPA may request, or the quote may be deemed nonresponsive. The supplier shall submit at least that information required by the section entitled Supplier s Qualification Data. 13. MULTIPLE QUOTES COLLUSION: If more than one quote is offered by any one party or in the name of its clerk, partner or other person, all quotes submitted by said party may be rejected by ASPA. This shall not prevent a supplier from submitting alternate quotes when called for. A party who has quoted prices on materials is not thereby disqualified from quoting prices to other supplier or from submitting a quote directly to ASPA. If ASPA believes that collusion exists among any suppliers, none of the participants in such collusion will be considered. Quotes in which the contract prices are unbalanced or unrealistic may be rejected at ASPA s sole discretion. 14. BUSINESS LICENSE: Suppliers from off-island shall be licensed in accordance with the provisions of its state and country and shall be skilled and regularly engaged in the general type and size of work called for under this RFQ. All local suppliers shall have an American Samoa business license prior to the execution of contract. 15. SUPPLIER S UNDERSTANDING: The successful supplier shall comply with federal and territorial statutes and ordinances relative to the execution of the contract. This requirement includes, but is not limited to, applicable regulations concerning wage rates, nondiscrimination in the employment of labor, protection of public and employee safety and health, environmental protection, historic preservation, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees and similar subjects. The supplier agrees to the requirements of Executive Order No , as amended, including specifically the provisions of the equal employment opportunity clause. 16. AMERICAN SAMOA LICENSES, PERMITS, TAXES AND IMPORT DUTY: The successful supplier shall be cognizant of and comply with all American Samoa Government ( ASG ) laws and ordinances pertaining to licenses, permits, tax structure and import duties. American Samoa is a protectorate of the United States located outside the jurisdiction of the U.S. Customs and U.S. Immigration Department. 17. WITHWDRAWAL OF QUOTE: Any quote may be withdrawn prior to the scheduled time for the opening of quotes by notifying ASPA in a written request. No quote may be withdrawn after the time scheduled for opening of quotes. RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 6

7 18. OPENING AND EVALUATION OF QUOTES: In accordance with ASPA Procurement Rule 3-110, quotes will be opened and recorded as part of the record for the Source Evaluation Board on the date and at the time indicated above at the Procurement Office in Satala or in another place designated by the ASPA Procurement Manager in writing. 19. EXECUTION OF CONTRACT: The successful supplier shall, after receiving the Notice of Award, sign and deliver to ASPA the written contract, together with all other documents as required by ASPA. 20. ASSIGNMENT: The successful supplier shall not assign, transfer, convey or otherwise dispose of the award or the contract, or its right, title or interest therein, or its power to execute such contract, to any other persons, firms or corporations without the previous consent in writing of ASPA. 21. RFQ CONDITIONS: This RFQ does not commit ASPA to award a contract or to pay any cost incurred in the preparation of a quote. The American Samoa Power Authority reserves the right to: RFQ; a. Reject any supplier for being non responsive to quote requirements contained in this b. Reject all quotes and reissue an amended RFQ; c. Request additional information from any supplier submitting a quote; d. Select a supplier for award-based criteria; e. Negotiate a contract with the supplier selected for award; and f. Waive any non-material violations of rules contained in this RFQ. ASPA reserves the right to issue any addendums to this RFQ. Suppliers shall send ASPA a signed form confirming receipt of any addendums, and shall submit supporting/additional information as required by any addendums. In the event that a supplier fails to acknowledge receipt of any such Addendum in the space provided, his quote shall be considered irregular and will be accepted by ASPA only if it is in ASPA s best interest. In the event that Addenda are not received until after the supplier has submitted its quote, a supplementary quote may be submitted revising the original quote. Such supplementary quotes must be received by ASPA prior to the scheduled time for opening of quotes. 22. SCHEDULE FOR DELIVERY: ASPA invites suppliers to submit a schedule of delivery which conforms to the ASPA operating protocol outlined above. Suppliers shall specify proposed delivery dates for the annual supply of lube oil. 23. BILL OF SALE: The successful supplier shall render Bill(s) of Sale for each delivery under this contract. Failure to comply with this requirement will result in rejection of delivery. The Bill(s) of Sale must accompany the items delivered but will not be considered as an invoice for payment. 24. REFINERY CERTIFICATE: The successful supplier is required, upon delivery under this contract, to furnish a certificate from the refinery indicating that the goods meet the specifications. Failure to comply with this request will result in rejection of delivery. 25. INSPECTION: All lube oil delivered under the contract shall be subject to inspection and/or testing conducted by ASPA at ASPA s Satala and Tafuna power stations. If any delivery of lube oil is found to be defective or does not conform with its specifications, or if ASPA detects any tears or leaks within ten (10) days of receipt of the delivery, ASPA shall have the right to reject the delivery and require that it be replaced immediately. The successful supplier shall be responsible for all ASPA related costs, including but not limited to, full replacement, clean up, damages to equipment, environmental damage, and replacement of sub-standard or lost lube oil, at its own cost. The successful supplier shall be financially responsible for the proper recycling of any rejected lube oil. If necessary, or mandated a government body or regulatory agency, ASPA will dispose of any rejected lube oil and charge all costs related thereto to the successful supplier. ASPA reserves the right to setoff such costs. 26. SELLER S INVOICES: Invoices shall be certified true and correct and shall contain the following information: Contract or Purchase Order number (if any) item numbers, description of supplies or RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 7

8 services, sizes, quantities, unit prices, shipping and handling insurance, extended total, and any other non product costs associated with this order. Bill of lading number and weight of shipment will be shown for shipments made on government bills of lading. 27. TIME IS OF THE ESSENCE: Time is of the essence under this contract. Suppliers guarantee that the goods will be delivered to their destination or required services rendered within the timelines submitted in their quotes, which shall also be explicitly specified in the contract. If the supplier is not able to meet its specified delivery dates, he is required to notify the ASPA Power Generation Manager and the Warehouse Manager of such delay. Notification shall be in writing and shall be received by the Power Generation Manager and the Warehouse Manager at least three weeks before the specified delivery date. Notification of delay shall include an explanation of the causes and reasons for the delay and include statement(s) from supplier or shipping company evidencing the revised delivery date. Failure to meet delivery deadlines as specified in the quote submittal (and contract) shall result in a penalty of $1,000 per day, to be assessed against the supplier for each day one or more flexitanks are delayed in arriving at ASPA s Satala or Tafuna power stations, whichever is applicable. ASPA shall be entitled to setoff any and all accrued penalties. 28. AWARD, CANCELLATION & REJECTION: Award shall be made to the lowest responsible and responsive supplier, whose quote is determined to be the most advantageous to the American Samoa Power Authority, taking into consideration the evaluation factors set forth in this solicitation. No other factors or criteria shall be used in the evaluation. The right is reserved, as the interest of the ASPA may require, to waive any minor irregularity in quotes received. The Procurement Manager shall have the authority to award, cancel, or reject quotes, in whole or in part, for any one or more items if she determines it is in the public interest. Awards issued to the lowest responsible supplier within the specified time for acceptance as indicated in the solicitation results in a binding contract without further action by either party. In case of an error in the extension of prices, unit price will govern. ASPA reserves the right to increase or decrease the quantity of the items for award and make additional awards for the same type items and the vendor agrees to such modifications and additional awards based on the quote prices for a period of thirty (30) days after the original award. No award shall be made under this solicitation which shall require advance payment. 29. PURCHASES. During the term of the contract, for each Mobilgard ADL 40 lube oil order, the supplier shall generate and submit to ASPA an invoice. ASPA will verify and approve the invoice, upon which a purchase order in the standard form issued by ASPA shall be prepared and transmitted to the supplier. Each purchase order shall identify the following: a. Item ordered; b. Part number and description (if applicable); c. Quantity; d. Unit Price; and e Total. 30. PAYMENT. Prior to the shipment of the items ordered, ASPA shall pay to the successful supplier fifty percent (50%) of the total amount specified in the order, in United States Dollars. Payment shall be conditioned upon ASPA s receipt of a commercial invoice from the successful supplier which shall state the exact cost, and the balance shall be paid after thirty days of receiving the order. 31. SUPPLIER S QUALIFICATION DATA: It is the intention of ASPA to award a contract only to the successful supplier who is able to furnish satisfactory evidence that it has the requisite experience and ability and that it has sufficient capital, facilities, insurance and financing to enable it to supply the requested items to complete it within the term set forth in the contract. Therefore, each supplier shall submit as part of the total quote package, the following information: a. Name of organization; b. Address and phone number of home office, principal place of business and locations and contact information for any branch offices; c. Type of business structure, e.g., corporation, partnership, joint venture, proprietorship; d. Place of organization or state of incorporation; RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 8

9 e. Names and addresses for all owners for businesses other than corporations. For corporations, list the names and addresses of directors, officers and stockholders with twenty (20) percent ownership interest or greater; f. Brief description of insurance policy types of coverages and amounts of coverage that relate to the quote; and h. Contact details for at least three customers as references that ASPA may contact. RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 9

10 ATTACHMENT A SCOPE OF WORK ASPA seeks competitive quotations for initial set up and annual supply of lube oil via the use of flexitanks. This RFQ is for the annual supply of approximately 100,000 gallons of Mobilgard ADL 40 lube oil. The successful supplier shall be awarded a three (3) year exclusive contract to supply lube oil to ASPA, with an exclusive option to ASPA to extend the contract for an additional one year term. ExxonMobil Mobilgard ADL 40 lube oil specifications are set forth in Attachment B. All shipping references contained herein shall be considered CIF ASPA Satala/Tafuna power station. The successful supplier will be responsible for the following scope of services: a. The successful supplier shall perform an initial site visit to American Samoa to (i) educate ASPA Generation staff on the operation and use of flexitanks, (ii) inspect ASPA facilities for compatibility with transition to flexitanks, and (iii) provide a list of required upgrades/retrofits with exact specifications to accommodate ASPA s transition to flexitanks; b. The successful supplier shall deliver the flexitanks to an ExxonMobil refinery or dispensary of their choosing for loading; c. The successful supplier shall coordinate and oversee the flexitank loading/container filling and packaging to ensure proper fill volume, leak prevention and safety measures have been followed; d. The successful supplier shall have direct control over inland haulage, ocean shipping, and on-shore delivery to ASPA, and be responsible for all applicable documentation. e. The successful supplier shall be responsible for all costs, fees, insurance, dues and risk of damage or loss (total or partial) for transportation of lube oil containers to ASPA s Tafuna and Satala power stations. f. The successful supplier shall ensure that all processes involved are in compliance with safe handling requirements to mitigate against leaks or tears; g. The successful supplier shall ensure that ASPA delivery schedules are met and that ASPA does not experience a stock out of lube oil. h. The successful supplier shall be responsible for, and indemnify ASPA against, any incident relating to or arising from the transportation of flexitanks to ASPA s Satala and Tafuna power stations, including, but not limited to, all environmental liability. i. The successful supplier shall ensure that each flexitank is of an approved/certified standard for the purpose of transporting lubricant oil and that the preparation of the 20-foot dry container for transportation and storage is carried out in a professional manner by a reputable installation company. RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 10

11 ATTACHMENT B Current Mobilgard ADL Lube Oil Technical Specifications used successfully on Deutz engine at ASPA: Physical properties Metric English Specific 0 C g/cc lb/in 3 Viscosity Measurement index ASTM D2270 Kinetic Viscosity@40 0 C (104 0 F) 141cSt 141cSt ASTM D445 Kinetic Viscosity@100 0 C (212 0 F) 14.5cSt 14.5cSt ASTM D445 Ash 2.3% 2.3% sulfated ash wt% ASTM D874 Chemical properties Total Base Number 15 mgkoh/g 15mgKOH/g ASTM D 2896 Thermal properties Pour Point -9 0 C F ASTM D97 Flash Point C F ASTM D92 Descriptive Properties FZG 4-Squre Load Support, DIN 51354, Fail Stage 12 RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 11

12 ATTACHMENT C QUOTE FORM TO: American Samoa Power Authority, Attn: Procurement Manager ADDRESS: PO Box PPB, Pago Pago, American Samoa TITLE: Supply Mobilgard ADL 40 Lube Oil in ISO Tanks (Containers) or Flexi Tanks RFQ NO. SUPPLIER: 2009GEN-1023 DATE:, 2009 Gentlemen/Ladies: The undersigned, (hereafter called a Supplier ) (Corporation, Partnership or Individual), hereby proposes and agrees to furnish all the necessary information to the above quote in accordance with the Technical Specifications, Scope of Work, General Terms and Conditions, and other procurement requirements specified in these Contract Documents for the prices stated in the itemized quote form(s) attached hereto, plus any and all sums to be added and/or deducted resulting from all extra and/or omitted work in accordance with the unit and/or lump sum prices stated in the itemized Quote form attached hereto. The undersigned has read and understands the quote requirements, and is familiar with and knowledgeable of the local conditions at the place where the work is to be performed. We have read the Invitation for Quote Instructions and General Terms and Conditions attached to the Quote Invitation to ascertain that all requirements of the quote are submitted in the quote envelope that includes an original and five (5) copies at the date and time of quote opening. Signed: Date: Seal RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 12

13 ATTACHMENT C (cont d) COST QUOTE ITEM QTY TOTAL PRICE PER GALLON TOTAL PRICE (per year) Mobilgard ADL ,000 g $ Above price shall include all supervision, labor, equipment, materials and services required for the annual supply of 100,000 gallons of Mobilgard ADL 40 lube oil. The total quote price must be quoted CIF ASPA Tafuna/Satala power station and shall include all related charges and costs. The above price is broken down as follows: Initial site visit/setup (if not gratis): $ per gallon $ per year Inland freight to/from refinery or dispensary: $ per gallon $ per year (inclusive of all insurance) Ocean freight to American Samoa: (inclusive of all insurance) $ per gallon $ per year Product price (current market price) $ per gallon $ per year Other costs (please describe): $ per gallon $ per year Please list other additional costs as necessary on a separate page in order to arrive at the total cost set forth above. IN WITNESS THEREOF, the undersigned has caused this instrument to be executed by its duly authorized officers on this day of, SUPPLIER: By: Date: Name: Title: RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 13

14 ATTACHMENT D BID BOND KNOW ALL PERSONS BY THOSE PRESENTS that, as Principal, hereafter called the Principal, and a duly admitted insurer under the laws of the Territory of American Samoa, as Surety, hereinafter called the Surety, are held firmly bound unto the American Samoa Power Authority (ASPA) for the sum of dollars ($ ), for payment of which in lawful money of the United States, will and truly to be made, the said Principal and the said Surety binds themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation such that, whereas the Principal has submitted a proposal for financial audit services, in accordance with RFQ 2009GEN-1023 (the RFQ ). Now therefore, if ASPA shall accept the offer of the Principal as the apparent lowest and best responsible supplier, the Principal shall do the following: 1. Enter into a written contract, in the form prescribed by ASPA, in accordance with the terms of the RFQ and the Principal s offer; 2. File a bond with ASPA, if applicable, to guarantee faithful performance, as may be required by the Contract Documents; and 3. Furnish certificates of insurance and all other items as required by the RFQ and the Contract Documents. In the event of the failure of the Principal to enter such contract, furnish such performance bond, or furnish certificates of insurance and all other items as required by the Contract Documents, the Principal shall immediately pay to ASPA the amount hereof. [Signature Page Follows] RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 14

15 IN WITNESS WHEREOF, we have hereunto set our hands on this proposal bond this day of, Principal: (Name of Firm) By: Name: Title: Surety: (Name of Firm) By: Name: Title: By: Name: Title: By: Name: Title: Resident Agent: By: Name: Title: Address for Notices: Address for Notices: NOTE: The signature of the person executing this Bid Bond must be notarized. If an attorney-in-fact executes the proposal bond on behalf of the surety, a copy of the current power of attorney bearing the notarized signature of the appropriate corporate officer must also be included with the proposal bond. RFQ NO. 2009GEN-1023 Annual Supply of Mobilgard ADL 40 Lube Oil 15