PROCUREMENT OF TUGBOAT

PROCUREMENT OF TUGBOAT Project Number: ORIO10CV/21 Installation of Towing Capacity to Facilitate a Comprehensive Transport Facility for Cape Verde Tugboat Basic Technical Design and Specification and Tender Terms of Reference Mindelo, 7 th March 2018

Table of Contents SECTION 1. REQUEST FOR PROPOSALS (RfP) FOR A MODERN DESIGNED PRE USED HAND TUGBOAT SUITABLE FOR PORT OPERATIONS... 3 SECTION 2. INSTRUCTIONS TO BIDDERS (ITB)... 4 2.1. Definitions... 4 2.2. Conflict of Interests... 4 2.3. Fraud and Corruption... 4 2.4. Force Majeure... 5 2.5. Origin of Goods and Consulting Services... 5 2.6. Price Ceiling... 6 2.7. Presentation of Proposals... 6 2.8. Number of Proposals... 7 2.9. Validity of Proposals... 7 2.10. Opening of Proposals... 7 2.11. Evaluation of Proposals... 7 Scale of evaluation... 7 Calculation of final score... 8 2.12. Negotiations... 8 SECTION 3. TUGBOAT BASIC TECHNICAL DESIGN AND SEPECIFICATION... 9 3.1. General... 9 3.2. Sea and wind conditions... 9 3.3. Main particulars and layout... 9 3.3.1. General... 9 3.3.2. Principal dimensions... 10 3.3.3. Performance... 10 3.3.4. Machinery... 10 3.3.5. Deck layout and equipment... 11 3.3.6. Classification... 11 Page 1 / 15

3.3.7. Auxiliary systems... 12 3.3.8. Electric... 12 3.3.9. Lighting... 12 3.3.10. Lifesaving Appliances (LSA)... 12 3.3.11. Firefighting / salvage... 12 3.3.12. Accommodation / wheelhouse etc.... 13 3.3.13. Pollution Control Equipment... 13 3.3.14. Age of the tugboat... 13 3.3.15. Test / Trials / Documents... 13 SECTION 4. TRAINING (CREW AND TECHNICAL STAFF)... 14 4.1. Training for maintenance... 14 4.2. Training for operation... 14 SECTION 5. CANCELLATION... 15 SECTION 6. FORM OF PURCHASING CONTRACT... 15 SECTION 7. APPLICABLE LAW... 15 Page 2 / 15

SECTION 1. REQUEST FOR PROPOSALS (RfP) FOR A MODERN DESIGNED PRE USED HAND TUGBOAT SUITABLE FOR PORT OPERATIONS These Request for Proposals (RFP) follow the Procurement Notice that appeared in from February 2018. ENAPOR Empresa Nacional de Administração dos Portos de Cabo Verde (ENAPOR), hereinafter referred to as the Buyer, is a Cape Verde public company, and has finalized a financing program with The Facility for Infrastructure Development (ORIO), from the Netherlands, for the Installation of Towing Capacity to Facilitate a Comprehensive Transport Facility for Cape Verde. The Buyer hereby invites the tugboat owners and/or brokers to submit proposals for the purchase of a Tugboat which main details are stated in this Request for Proposals (RFP). A tugboat will be selected under Quality Cost Based Selection QCBS and procedures described in this RFP. As stated in the Procurement Notice, the proposals are due at the following address by March 2, 2018 up to 10:00 a.m. (Cape Verde local time), via email: ENAPOR Empresa Nacional de Administração dos Portos de Cabo Verde C/O Eng. Eliseu Silva Email: Eliseu.Silva@enapor.cv Proposals received after this time and date shall not be considered and removed from the system. Page 3 / 15

SECTION 2. INSTRUCTIONS TO BIDDERS (ITB) 2.1. Definitions Owner means any entity or person that legally has the ownership of the proposed tugboat; Broker means any entity or person that does not have the ownership of the tugboat but is dully authorised by the Owner to propose it; BIMCO SALEFORM 2012 means the form of purchasing contract to be used, which will be dully amended to contain all the agreed terms and conditions of the purchase/sale; Day means calendar day; Instructions to Bidders means the document which provides the Owners and/or Brokers with all information needed to prepare their Proposals; Proposal means the Technical Proposal and the Commercial Proposal. RFP means this document which explains the objectives of the Request for Proposals/RFP, scope of work, activities and tasks to be performed, respective responsibilities of ENAPOR and the Bidder, and expected results and deliverables of the assignment. Technical Condition Survey Reports means a detailed written report issued after a complete technical examination of a vessel. Selected Media means the newspaper(s), magazine(s), web site(s) used to publish this RFP. 2.2. Conflict of Interests ENAPOR requires that Bidders at all times hold ENAPOR s interests paramount, strictly avoiding conflicts with other assignments or their own corporate interests and act without any consideration for future work. 2.3. Fraud and Corruption ENAPOR requires the highest standard of ethics during the selection and execution of such contracts. In accordance with this requirement, ENAPOR defines: corrupt practice means the offering, receiving, providing, accepting or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the selection process or execution of an agreement; or the making of any payment to any third party, in connection with or in furtherance of this Contract, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended (15 USC 78a et seq) ("FCPA") or any other actions taken that otherwise would be in violation of the FCPA if the FCPA were applicable; fraudulent practice means a misrepresentation or omission of facts in order to influence a selection process or the execution of a contract; Page 4 / 15

collusive practices means a scheme or arrangement between two or more consultants with or without the knowledge of ENAPOR, designed to establish prices at artificial, noncompetitive levels; coercive practices means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in a procurement process, or affect the execution of a contract; obstructive practice means: o deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to impede materially an investigation by Ministry of Infrastructure, Transportation and Telecommunications of Cape Verde into allegations of a corrupt, fraudulent, coercive, collusive, or prohibited practice; and threatening, harassing, or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, and o acts intended to impede materially the exercise of the inspection and audit rights of ENAPOR under the Contract; and prohibited practices means any action that violates the provisions relating to Anti Corruption Legislation, Anti Money Laundering Legislation and terrorist financing statutes. 2.4. Force Majeure For the purposes of this tender, Force Majeure means an event which is beyond the reasonable control of a Party, is not foreseeable, is unavoidable, and makes a Party s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible under the circumstances, and subject to those requirements, includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action confiscation or any other action by Government agencies. The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default, under the Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 2.5. Origin of Goods and Consulting Services Goods supplied and Services provided under the Contract may originate from any country except if: as a matter of law or official regulation, Cape Verde or the United Nations prohibits commercial relations with that country; or by an act of compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, Cape Verde prohibits any Page 5 / 15

imports of goods from that country or any payments to persons or entities in that country. Any person or entity that has been blacklisted from participation in procurements funded with European Investment Bank assistance. Without limiting the foregoing, this would remove from eligibility any consultant, sub consultant or personnel who or which are nationals of any country that is subject to sanction or restriction by United Nations law or policy. 2.6. Price Ceiling The price ceiling is 3.600.000 (three millions six hundred thousand Euros), and is including delivery and all additional costs and services as mentioned in this RFP, delivered DDU Mindelo, São Vicente Island Cape Verde. Offers with prices above this price ceiling will be excluded. Offers with prices 40% (forty percent) below the price ceiling will be excluded unless such difference is dully explained by the bidder. 2.7. Presentation of Proposals The proposals must be submitted in English or Portuguese Languages. The proposals will be constituted by two sets of documents: Commercial proposal: containing price DDU alongside ENAPOR s berth in Mindelo/São Vicente Island Cape Verde, which must include training as per Section 4, payment conditions, general sales conditions, and time of delivery of the tugboat. The price must include the training of crew and staff as described in Section 4 TRAINING (CREW AND TECHNICAL STAFF) Technical proposal: containing the following documents: Name of the vessel, Builders and place/year of built; Technical Description of the vessel (Technical Specification), General Arrangement Plan; Midship section drawing; Capacity/Tank Plan Drydocking plan; Safety and Fire Plan; Last Special Survey and Drydock Reports; Last thickness measures of hull plates; Total number of working hours of all diesel engines and after last major overhaul; Fuel consumption (towing/sailing/idle) Copy of Class Certificate (Hull & Machinery); Updated Class Status Report; Copy of all Statutory Certificates (Flag); Copy of last Bollard Pull Test and Certificate; Copy of Stability Booklet (Intact and Damage Stability), including stability calculations in different towing conditions; Description of Navigation and Communications electronic equipment; Page 6 / 15

Set of photos (at least 4 per each vessel s areas: bridge, deck aft and forward, towing equipment, engine room, accommodations, superstructure and lifesaving appliances); Sellers guarantee that the vessel is in all aspects ready to operate/sail. 2.8. Number of Proposals Bidders may submit more than one proposal. 2.9. Validity of Proposals The proposals are to be valid for a minimum period of sixty (60) calendar days. During this period, the supplier should hold the tugboat reserved for the Buyer. 2.10. Opening of Proposals The opening of proposals will take place the next working day after the closing date of this RFP, there will be no public opening. 2.11. Evaluation of Proposals Each offer will be carefully evaluated. From that evaluation it is expected to select max. 3 units (the selected units ). The Bidder will be informed within the validity of his bid whether or not the quoted tugboat is one of the selected units. From that moment, the seller is not allowed to sell the vessel. Those selected units will be inspected by a team of inspectors nominated by ENAPOR and Technical Condition Survey Report will be issued. From the analysis of those Technical Condition Survey Report, one will be selected to start direct purchase negotiations. If these direct purchase negotiations are not successful, the second vessel will be selected and direct purchase negotiations initiated. Scale of evaluation The evaluation factors and sub factors will be made base on a score from 1 to 10. a) Price evaluation b) Technical Evaluation b.1 General Arrangement 5% b.2 Type of propulsion 25% b.3 Quality and actual condition of main equipment 25% i. main engines 10% ii. generator sets 5% iii. towing equipment 5% iv. navigation and communication equipment 3% v. Lifesaving appliances (LSA) 2% Page 7 / 15

b.4 Fuel consumption of Main Engines 15% b.5 Time to next special survey 15% b.6 Age of the tugboat 10% b.7 Main Engine running hours 5% TOTAL 100% Calculation of final score Based on the analysis of each Proposal, an evaluation of each offer will be made based on the evaluation of the following items: Technical Evaluation: 60% Price: 40% The Global Score (Gscore) of each offer will be calculated based on the following formula: Gscore = 0,40 x Pprice + 0,60 x Ttechnical The factor Pprice will be calculated as follows: Pprice = 10 / (Pb Plow) x (Pb Pp) Where: Pb is the price ceiling as stated in 2.7 (3.600.000,00); and Plow is the price immediately above the lowest price, as also referred in 2.7 (2.160.000,01 ) Pp is the price of the proposal under analysis. The factor Ttechnical calculated as follows: Ttechnical = 0,05 x b1 + 0,25 x b2 + 0,25 x b3 + 0,15 x b4 + 0,15 x b5 + 0,1 x b6 + 0,05 x b7 And factor b3 calculated as follows: 2.12. Negotiations b3 = 0,1 x i + 0,05 x ii + 0,05 x iii + 0,03 x iv + 0,02 x v Upon decision on the final selected proposal, the Buyer will start the proceedings to negotiate with the Bidder. Representatives conducting negotiations on behalf of the Bidder must have written authority to negotiate and conclude a Sale and Purchase Contract (BIMCO SALEFORM 2012). Page 8 / 15

SECTION 3. TUGBOAT BASIC TECHNICAL DESIGN AND SEPECIFICATION 3.1. General ENAPOR Empresa Nacional de Administração dos Portos de Cabo Verde, intends to receive offers for a modern designed pre used tugboat suitable for port operations in the Port of Praia (see http://www.enapor.cv/web/guest/porto da praia), Santiago Island, assisting in mooring/unmooring operations of commercial vessels. Main features of the tugboat: Configured for push/pull operations; To be suited to give tow assistance when required for ships in distress in Cape Verde waters; To be able to carry out firefighting and oil pollution control actions; To be seagoing without restrictions; To be equipped with proven technology, namely engines and electronics (navigation and communications) to be built by European manufacturers with representation in Cape Verde or in Portugal; To be twin screw propulsion, with strong preference on ASD (Azimuth Stern Drive) propulsion system; To be fully certified according IMO and ILO Conventions (Solas, Marpol, Loadline, Tonnage, MLC, etc.), as applicable to this type of vessel, and classed by a Classification Society member of IACS International Association of Classification Societies); To be fitted with accommodation for at least six (6) crewmembers. The delivery/definite acceptance of the tugboat will be made in the port of Mindelo, São Vicente Island Cape Verde. 3.2. Sea and wind conditions To be able to safely and reliably operate in the Cape Verdean waters and high seas, the tugboat will have to be of "Unrestricted Sea going classification". This ensures that the boats will be technically as well as equipped to safely navigate and operate on the high seas. 3.3. Main particulars and layout 3.3.1. General As mentioned in paragraph 3.1, the tug to be a seagoing twin screw tug of modern design and all suited for port operations, but welded steel construction also designed and Classed for unrestricted navigation (ocean voyages). Accommodation to be suited for a crew at least 6 persons. Page 9 / 15

The tug to have a wide aft deck and to be sufficient strength to accommodate at least one 20 ft container. Tug to be fitted with towing winch and towing hook at aft and towing bitts / or towing winch at the foredeck. The wheelhouse to be of such design to provide unobstructed view in all directions. Cathodic protection to be provided by sufficient zinc anodes (5 years in tropical conditions). 3.3.2. Principal dimensions Length o.a. Beam o.a. Draft Fuel capacity : 25 30 meters : 10 13 meters : < 6 meters : > 70 m 3 and/or sufficient to cover minimum range in nautical miles > 1500 nautical miles at the speed corresponding to 85% MCR, Sea State 2 and Beaufort 2, not towing. Fresh water capacity : > 30 m 3 Firefighting capacity : External, 2 monitors (Fire Fighting 1) Design conditions : seawater temperature: max 32ºC / min 5ºC : Air temperature outside: max 42ºC / min 5ºC The tugboat must be fitted with other tanks for sewage, lubrication oil, hydraulic oil, dirty oil, sludge, bilge water, foam, dispersant and oil recovery. 3.3.3. Performance Bollard pull ahead Speed ahead Endurance : 45 to 50 tons : > 11 knots (85% MCR) : > 1500 nautical miles 3.3.4. Machinery Main propulsion engines : 2 units Main propulsion thrusters/propellers : 2 units Generator sets : 2 units +1 Emergency (optional); All fitted main and auxiliary systems to be of West European standard or equivalent. Relevant items to comply with relevant Class rules. Main diesel engines to be electrically started and to be outfitted by means of closed cooling system (hull cooling channels or similar). Electronic alarm / operating panel to be provided. Both main engines / gear boxes to be electrically operated by remote control from the wheelhouse dashboard. Page 10 / 15

Instrument panel to fitted in wheelhouse with necessary controls, alarms and meters. Necessary alarm system to be fitted. Two (2) hydraulically operated rudders to be fitted, all subject to Class rules or other steering configuration acceptable to class. Emergency steering to be provided. Tug to be outfitted with 2 propellers (two Azimuth thrusters/asd is STRONGLY PREFERRED) or CPP (two fixed pitch propellers in nozzles). 3.3.5. Deck layout and equipment The tugboat to be fitted with: Two (2) high holding power anchors On fore deck, hydraulic driven two (2) speed anchor/towing winch with double drum and warping head [STRONGLY PREFERRED]; Capstan: Electrically driven, 5 tons @ 15 m/min. One (1) deck crane, mounted in the aft deck, for handling stores and spare parts (approx.. 20 tons/m); Towing hook on aft deck with safety release, operated from wheelhouse, SWL > 40 tons; Towing winch, hydraulically driven single drum, suitable for approx. 700 m towing wire (approx. 44 mm), two speeds with spooling device, with holding power approx. 2 3 times the bollard pull. Quick release system to be fitted; Separate towing wire dia. approx. 44 mm, length 700 m and approx. 150 m tow line (fibre rope or steel wire) for port operations (break load at least three times the bollard pull); Fendering: D fender at sides and stern, cylinder fender at transom corners and bow, and W block fender with water spray, or similar. Rescue boat, as will be required by Cape Verde Flag State. Portable cutting set and welding machine to be provided and to be stored at deck level. 3.3.6. Classification The tugboat to be classed by a Classification Society, member of IACS, with the following class notation (Bureau Veritas or similar) (indicative only): I HULL MACH Escort Tug Unrestricted Navigation AUT UMS IWS Fire Fighting 1 Water spray Oil Recovery Ship Second Line Supply Vessel Oil Product (flame point above 60 degrees). Tug to meet any requirements and any applicable rules of IMO and Classification Society. Page 11 / 15

3.3.7. Auxiliary systems All pumps, piping, valves, hydraulics, electric etc., to be of West European standard (or alike) and subject to Class rules. Besides standard systems, following to be installed: Fuel oil transfer pump. Water separator (2 duplex fuel / water). Fuel oil purifier. Sewage treatment plant. Air conditioning at least in Bridge and crew private accommodations and general accommodation areas. Heating system at least in Bridge and crew private accommodations and general accommodation areas. 3.3.8. Electric All equipments, materials and cables to be suitable for marine applications. Following main voltages to be supplied: 24 V d.c. battery. 230 V a.c. lighting. 230 V a.c. power. Electrical motors on board IP44 (inside vessel) IP56 (exposed). At least 2 main generator sets to be installed of sufficient power. 3.3.9. Lighting Standard lighting to be provided 230 V a.c. Emergency lighting to be provided 24 V d.c. The tugboat to be equipped with searchlight. 3.3.10. Lifesaving Appliances (LSA) LSA equipment to be sufficient according to Flag State and Class requirements. 3.3.11. Firefighting / salvage External firefighting diesel pump set to be installed, including 2 manually operated monitors on the wheelhouse and including foam equipment and foam tank capacity at least 1,5 m 3. Pump set to be at least 1,200 m 3 / hour, each monitor at least 600 m 3 / hour. Internal firefighting according to Cape Verde Flag State and Class requirements. Page 12 / 15

Engine room to be equipped with CO 2 installation. 3.3.12. Accommodation / wheelhouse etc. Tug to accommodate at least 6 crew including living quarters, galley, stores, mess room, sanitary spaces, standard inventory etc. Wheelhouse to be equipped with navigation and communication systems, according to Class and flag state requirements. 3.3.13. Pollution Control Equipment Following equipment required for pollution control: 200 m oil boom and reel. Boom towing gear. Boom inflator. Transfer pump set recovered oil. Skimmer. Power pack. Hoses. Recovery tank 5 10 m 3. 20 ft container. Pollution control equipment to be stored in 20 ft container and when required to be lifted on board by store crane. 3.3.14. Age of the tugboat The tugboat to be built after the year 2004. 3.3.15. Test / Trials / Documents Before taking delivery the tugboat will be inspected by a team of ENAPOR. A Surveyor will conduct a full survey of the tugboat and produce a report on technical state/condition of the tugboat as well as a valuation. The inspection will include a complete/full operational test and evaluation of technical documentation and certification. Page 13 / 15

SECTION 4. TRAINING (CREW AND TECHNICAL STAFF) Training of the crew and staff will take place in the delivery port (Mindelo, São Vicente Island Cape Verde). However, ENAPOR will have the right to place on board, only for familiarisation and after purchase contract (MOA Memoradum of Agreement) signed, two (2) representatives. These two (2) representatives will also sail with the vessel to Cape Verde, with no on board expenses for the account of the buyer, for familiarisation only. 4.1. Training for maintenance Training will be conducted to familiarise and train the crew on the various aspects of maintenance of the tugboat. This training will be provided for together with the training for navigation and manoeuvring. The Training Modules will assist the buyer in properly maintaining the vessel and keep it in up to date operational condition for its remaining lifetime. Training will be given on site and on board to the relevant crewmembers and technical staff representatives. Training will take approx. 2 weeks. 4.2. Training for operation Training to tug crew will be provided, at no cost to the buyer, and will consist of: Vessel familiarisation; providing basic understanding of the new acquired tug and its systems, equipment, procedures and safety. Nautical training in order to make optimal use of the tug including sailing and manoeuvring, navigation, communication and daily operations. Technical training; technical crew / staff will be trained in all relevant technical and electrical systems on board including the basic maintenance. The above training will be given on site, by qualified instructors on board the tug and will take approx. 2 weeks. Page 14 / 15

SECTION 5. CANCELLATION ENAPOR has the override power to cancel this Request For Proposals for any reason, including Force Majeure as defined in paragraph 2.5. SECTION 6. FORM OF PURCHASING CONTRACT The form of purchasing contract to be used is the BIMCO SALEFORM 2012, as herein attached, dully amended to contain all that will be agreed between Sellers and ENAPOR. SECTION 7. APPLICABLE LAW The Cape Verde Law will be applicable for the procurement phase. The English Law will be applicable to the purchasing contract (Clause 16.a of the BIMCO SALEFORM 2012). Page 15 / 15