Request for TenderRFT Number: [Insert Spending Proposal Number]

Request for Tender for Provision of Oil Stock Tickets for the Australian Government

Commonwealth of Australia as represented by the Department of the Environment and Energy (Department) ABN 34 190 894 983

Summary of RequirementType of Contract

An oil stock ticket contract with an option to either purchase oil stocks or release the Supplier from its obligations to hold oil stocks in the circumstance defined in the contract.

Type of Product

Oil stocks can be crude oil, condensate or petroleum products (gasoline, jet, gas oil, fuel oil and any oil), and must be able to be counted towards Australia’s compliance with its International Energy Agency stockholding requirement.

Contracted Quantity

Tenders are invited for quantities up to 400,000 metric tonnes with a minimum contract quantity of 10,000 metric tonnes.

Contract Term

The term of offers must be at least one calendar quarter, or a multiple of quarters up to one year commencing 1 October 2018.

Stock Location

Australia, the United Kingdom or the United States (subject to Government-to-Government Agreements for offshore stock)

Request for Tender dates will be made available on the Department’s website at www.energy.gov.au/government-priorities/international-activity/oil-stock-ticketing prior to any processes commencing.

Tenders must be lodged electronically via the AusTender website by the Tender Closing Time specified on the Department’s website.

Contents

Section A: Background and General Information

Section B: Detailed Requirements

Appendix 1 – Offshore Stock Request for Tender Response Form

Appendix 2 – Onshore Stock Request for Tender Response Form

Appendix 3 – Offshore Oil Stock Ticket Contract

Appendix 4 – Onshore Oil Stock Ticket Contract

Appendix 5 – General Terms and Conditions

Section A: Background and General Information

1. Background(a) Australia is signatory to the International Energy Agency’s (IEA) Agreement

on an International Energy Program (IEP Agreement), which requires its members (except net oil exporters) to hold oil stocks equivalent to 90 days of the previous year’s average daily net imports and contribute to a Collective Action if required.

Historically, Australia has relied on commercial oil stock levels to meet the IEA’s stockholding requirement but declining domestic production and increased demand for liquid fuels has resulted in a greater reliance on imported stocks. Domestic stocks held for emergency use are no longer sufficient to meet the treaty obligation.

The Australian Government seeks to purchase oil stock tickets (oil tickets) as part of its return to compliance.

This Request for Tender (RFT) sets out the Department’s requirements and provides guidance on key parameters that apply to the submission of tenders in response to the RFT.

(b) Accordingly, the Department invites suitable entities that have been registered through the registration process set out in the Registration for Provision of Oil Stock Tickets for the Australian Government (Registration) run before this RFT to submit a tender to hold oil tickets for the Australian Government.

2. Contract(a) Following the RFT, the Department may enter contracts with successful

tenderers (if any) to provide oil stock tickets. The contracts will be based on the Department’s template:

(i) Offshore Oil Stock Ticket Contract (Appendix 3) for oil stocks to be held in locations outside Australia (offshore).

(ii) Onshore Oil Stock Ticket Contract (Appendix 4) for oil stocks to be held in Australia.

(b) Any contracts entered will be based on these contracts, as applicable, and as agreed-in-principle between the Department and the supplier at the Registration stage (or terms no less favourable to the Department than as so agreed).

3. Options to Purchase or Release under the Oil Stock Ticket Contracts(a) The template Oil Stock Ticket Contracts (Appendix 3 and Appendix 4) grant

the Australian Government an option to purchase oil stocks or release the supplier from its obligation to hold oil stocks, when Australia’s obligations under the IEP Agreement to implement emergency measures to deal with a reduction or threatened reduction of petroleum supplies have been activated.

(b) A supplier will be notified by the Australian Government if a decision has been made to exercise its option to purchase or release oil stocks under the contract.

(c) The General Terms and Conditions for Sale and Purchase of Oil Stock under a Purchase Option exercised pursuant to an Oil Stock Ticket Contract (Appendix 5) will apply to the purchase of oil stock by the Department. Any purchase of oil stocks will be at the purchase price determined in accordance with the relevant contract and the General Terms and Conditions.

4. Tender Registration(a) The Department ran a Registration process prior to this RFT.

(b) For tenderers to participate in this RFT, tenderers must have been registered through that Registration process, and all of the tenderers details and contracting arrangements confirmed in the Registration process must remain correct. Tenders submitted by entities that have not been registered, or the details and contracting arrangements confirmed in the Registration process are no longer correct, will not be accepted. The Department may, at any time, exclude an applicant from Registration and therefore, from participation in this RFT.

(c) If entities are not registered and wish to be involved in future Australian Government oil ticket RFT processes, please go to www.energy.gov.au/government-priorities/international-activity/oil-stock-ticketing for details of future Registration processes.

5. Outline of RFT Requirements(a) The requirements for this RFT are discussed in Section B and there are two

versions of the Request for Tender Response Form:

(i) Offshore Stock Request for Tender Response Form (Appendix 1);

(ii) Onshore Stock Request for Tender Response Form (Appendix 2)

(b) Tenders must be signed and dated by a person or persons authorised to do so. Each tender must include the name and contact details of the person to whom the Department may address any questions relating to the tender.

(c) Tenderers should be aware that the Department is subject to the operation of the Freedom of Information Act 1982 (Cth) (FOI Act), which allows public

access to Government documents. If this is of concern, the FOI Act provides avenues for submissions to be made so that particular information about the business, commercial or financial affairs of an entity or undertaking should not be disclosed. Section 18.3 below outlines the confidentiality requirements which apply to this RFT process.

(d) All tender documents become the property of the Department on lodgement.

(e) The Department may use and copy the tender documents as it requires for the purposes of the RFT process, evaluating tenders, negotiating and preparing an agreement, audit requirements and complying with governmental and parliamentary reporting requirements including requests for information by Parliament or Parliamentary Committees.

(f) Where this RFT provides that the Department 'may' do a thing, it may do so in its absolute discretion.

6. Submission of Tenders(a) Tenders must be lodged electronically via AusTender (this is the Australian

Government’s procurement information system) before the Tender Closing Time and in accordance with the tender lodgement procedures set out in this RFT document and on AusTender at: https://www.tenders.gov.au/?event=public.termsOfUse.

(b) Tenders must be lodged before the Tender Closing Time.

(c) The Tender Closing Time will be displayed on the relevant AusTender webpage together with a countdown clock that displays in real time the amount of time left until Tender Closing Time (For more information please see AusTender Terms of Use). For the purposes of determining whether a tender has been lodged before the Tender Closing Time, the countdown clock will be conclusive.

(d) The Department will accept tenders uploaded in full and lodged in Microsoft Word 2000 (or above), Microsoft Excel 2000 (or above) or PDF format.

(e) Tender file name/s must:

(i) incorporate the tenderer’s company name; and

(ii) reflect the various parts of the bid they represent, where the tender comprises multiple files.

(f) Tenders files must not exceed a combined file size of 5 megabytes per upload.

(g) Tenders must be completely self-contained. No hyperlinked or other material may be incorporated by reference.

(h) AusTender will send an acknowledgement when tenders have been successfully lodged.

(i) Any tender lodged after the Tender Closing Time or received at any location (including any Department location) or by any means other than through AusTender will be deemed to be a late tender. The Department will

not accept a late tender, unless the tender is late solely because of the Department’s own mishandling.

(j) The Tender Closing Time can only be extended by the Department issuing an addendum in accordance with clause 13.

7. Tenderer behaviour(a) Tenderers must not, and must ensure that their officers, employees, agents

and advisors do not, in relation to the preparation, lodgement or assessment of tenders:

(i) make false or misleading claims or statements;

(ii) improperly obtain confidential information;

(iii) receive improper assistance;

(iv) engage in collusive tendering, anti-competitive conduct or other similar conduct with any other tenderer or other person; or

(v) attempt to improperly influence an officer of the Department or approach any Commonwealth officer other than in the manner set out in clause 5(a).

(b) Note that the Department may exclude a tender from consideration if the tenderer fails to comply with these requirements.

8. Subject to contract(a) Nothing in this RFT, or the submission of any tender in response to it, or

any conduct or statement whether before or after the issue of this RFT constitutes a contract, express or implied, with the Department. The Department intends that no contract will be formed unless and until the Department signs a formal contract with a preferred tenderer (if any).

(b) Any contracts entered into will be based on the relevant template Oil Stock Ticket Contract (Appendix 3 or Appendix 4, as applicable) on the terms agreed-in-principle by the Department and the supplier during the Registration process (or terms no less favourable to the Department than as so agreed).

(c) A successful tenderer must execute the relevant contract within seven days after being required by the Department in writing to do so.

9. Tender Acceptance Period(a) In lodging a tender, the tenderer acknowledges that the tender remains

valid and open for acceptance by the Department for a period of 14 calendar days from the Tender Closing Time, or until such later date as may be agreed, unless earlier notified that the tender has been unsuccessful.

10. The Department’s RightsWithout limiting its rights at law or otherwise, the Department may:

(a) amend this RFT;

(b) vary, suspend or discontinue the RFT process (including during negotiations), where the Department considers that it is in the public interest to do so;

(c) before final selection (with or without short listing) enter into negotiations with one or more tenderers (including parallel negotiations with more than one tenderer or negotiations with all tenderers without short listing);

(d) discontinue negotiations with any tenderer at any time;

(e) require additional information or clarification from any tenderer or anyone else;

(f) provide additional information or clarification;

(g) add to, alter, delete or exclude the Department’s technical requirements, including amending the template Oil Stock Ticket Contracts and the General Terms and Conditions;

(h) allow or not allow a related body corporate to take over a tender in substitution for the original tenderer and, if it is allowed, to impose conditions;

(i) change the structure and timing of the RFT process;

(j) vary or extend any time or date in this RFT at any time and for such period as the Department in its absolute discretion considers appropriate. The Department will issue an addendum notifying any decision to extend; and

(k) enter into any contractual arrangements or arrangements which will best meet the Australian Government’s requirements.

11. No liability(a) All expenses and costs incurred by a tenderer in connection with this RFT,

including preparing and lodging a tender, providing the Department with further information, giving presentations, attending interviews and participating in any subsequent negotiations, are the sole responsibility of the tenderer.

(b) The Department is not liable for any costs or other compensation in relation to the consideration of this RFT, lodgement of any tender or participation in the RFT process by any tenderers where the Department takes any action permitted under this RFT.

(c) Tenderers acknowledge that the Department is not liable for any loss, damage, cost or expense incurred by tenderers or any other person if, for any reason, a tender or any other material or communication relevant to this RFT is not received on time, is corrupted or altered or otherwise not received as sent, cannot be read or decrypted, or has its security or integrity compromised.

12. Tender Errors (a) Tenderers warrant that all information provided in their tenders is complete

and accurate in all material respects. The Department is under no obligation to check any tender for errors. Acceptance of a tender that contains errors will not invalidate any contract formed on the basis of that tender.

13. Written Notice(a) In the event that the Department elects to vary or supplement this RFT or

change the conditions of tender, it will make reasonable efforts to inform tenderers in accordance with this clause 13.

(b) Tenderers may be informed by notices and other information issued as addenda posted on this RFT page on AusTender.

(c) Tenderers who have registered and downloaded the tender documentation will be notified by AusTender via email of any addendum issuance. It is in the interests of tenderers to ensure they have correctly recorded their contact details prior to downloading tender documentation. If tenderers have not recorded their details correctly, they should amend their details and download the tender documentation again.

(d) Tenderers are required to log in to AusTender and collect addenda as notified.

(e) The Commonwealth will accept no responsibility if a tenderer fails to become aware of any addendum notice which would have been apparent from a visit to the AusTender page for this RFT.

(f) If a tenderer has obtained tender documentation other than from AusTender, they must visit AusTender, register as a user and download the tender documentation for this RFT.

14. Queries(a) Tenderers must direct any questions arising during the preparation of a

tender or any requests for clarification in writing to oil.tickets@environment.gov.au.

(b) The Department may refuse to answer any question.

(c) Where appropriate, the Department will circulate questions and answers to all other tenderers via an addendum as outlined in clause 13 of this RFT without disclosing the source of the questions or revealing the substance of a proposed tender.

(d) If a tenderer finds any discrepancy, error or omission in this RFT, it must notify the Department in writing before the Tender Closing Time.

15. Governing Law(a) The law applying in the Australian Capital Territory applies to this RFT.

Department's evaluation process

16. Step 1 – Screening(a) The Department will screen all tenders received for completeness,

unintentional errors of form, clarity and compliance with this RFT.

(b) The Department will exclude a tender from consideration if:

(i) subject to clause 6, the tender is lodged after the Tender Closing Time;

(ii) the tender is lodged by any means other than AusTender;

(iii) the tenderer is not registered for this RFT following the Registration process;

(ii) the tenderer is offering to hold stock in a country with which Australia does not have a Government-to-Government arrangement with the Australian Government;

(iii) the offer is not for the minimum contract quantity of 10,000 metric tonnes;

(iv) anything in the tender is inconsistent with information provided or conditions agreed by the tenderer during the Registration process (and the reasons for inconsistency are not clarified to the reasonable satisfaction of the Department);

(v) the tender includes electronic files that cannot be read or decrypted;

(vi) the tender is lodged electronically and is found to contain a virus, worm or other disabling feature; or

(vii) the Department believes the tender potentially contains any virus, malicious code or anything else that might compromise the integrity or security of AusTender and/or the Department’s computing environment.

(c) The Department may at any time exclude a tender from consideration if the tender is incomplete, not legible, or otherwise does not comply with this RFT.

17. Step 2 – Evaluating tenders(a) Subject to successfully completing Step 1 above, tenders will then be

assessed on the basis of value for money through the application of the criteria below in the following order of priority:

(i) price: this covers all costs, fees allowances and charges associated with the implementation and completion of contract obligations. This includes the cost of the ticket and cost implications for ticket terms and quantities.

(ii) location: stock held in Australia is rated more highly, with lower ratings the further the distance from Australia’s normal supply chains.

(b) The Department is not obliged to accept the lowest priced tender. In determining value for money, the Department may take into account factors including: product type; broadening the oil ticket market; reducing regional risk; and diversity of locations.

18. Privacy and Personal Information(a) The Department will deal with personal information contained in, or

provided in connection with, a tender in response to this RFT and the Department’s Privacy Policy (www.environment.gov.au/privacy-policy). The Department’s Privacy Policy contains information about how to access or correct your personal information or make a compliant about a breach of the Australian Privacy Principles (APPs).

(b) Any personal information provided with or in connection with a tender will be used by the Department to carry out its functions relating to its procurement of oil stock tickets, including assessing the tender and tenderer’s eligibility to participate in the procurement, to communicate with tenderers about any future RFT, and for related governmental purposes.

(c) The information may be disclosed for the above purposes to the following third parties:

(i) the Australian Government Department of Foreign Affairs and Trade; and

(ii) legal, technical and other advisors and consultants engaged by the Department.

(d) A tenderer’s submission of a Request to Tender Response Form (Appendix 1 or 2, as applicable) will confirm the tenderer’s consent to the collection, use and disclosure of this personal information for the purposes specified at paragraph 18(b) above.

(e) Personal Information obtained will be stored and held in accordance with the Department’s obligations under the Archives Act 1983 (Cth) and the Privacy Act 1988 (Cth). Personal information obtained will only be used and disclosed for the purposes outlined above and will not be used or disclosed without your consent, except where authorised or required by law. For further information, please refer to the Department’s Privacy Policy (www.environment.gov.au/privacy-policy).

19. Confidentiality(a) Subject to the following paragraphs of this clause 19, the Department will

treat as confidential all tenders submitted by tenderers in connection with this RFT before and after the Tender Closing Time.

(b) However, if a tenderer is successfully awarded a contract following this RFT process, the contract, and to the extent that this includes parts of the

tenderer’s tender (and Registration application), will not necessarily continue to be treated as confidential. Tenderers must clearly identify in their tender the information that they consider should be protected as confidential information (including ‘commercial-in-confidence’ information) should they be awarded a contract. The Department will only consider a request for confidentiality where:

(i) the information to be protected is identified in specific rather than global terms;

(ii) the information is by its nature confidential; and

(iii) disclosure would cause detriment to the parties concerned.

(c) Tenderers should be aware that the Department is subject to certain legislative and administrative accountability and transparency requirements of the Australian Government including disclosures to the Parliament and its Committees. Any information contained in or relating to the tender in response to this RFT, including information identified by a tenderer as confidential, may be disclosed by the Department:

(i) to its employees and advisers in order to evaluate or assess an application;

(ii) to the Parliamentary Secretary;

(iii) within the Department or other agencies where this serves the legitimate interest of the Australian Government;

(iv) in response to a request by a House or Committee of the Parliament of the Commonwealth of Australia;

(v) where information is authorised or permitted by law to be disclosed;

(vi) in response to a request made under the Freedom of Information Act 1982 (Cth); or

(vii) where the information is in the public domain other than by the Department’s disclosure of that information.

(d) When the Department is required to disclose confidential information of a tenderer to a person other than its employee, personnel or the Minister, for example following a request from a parliamentary committee, the Department will provide reasonable notice in writing to the tenderer.

(e) The Department is subject to specific requirements, which support internal and external scrutiny of its tendering and contracting processes and may publish or otherwise disclose the names of those applicants and tenderers which have registered with the Department to participate in the Registration and RFT processes.

(f) Subject to this clause 19 of the RFT, the Government and the tenderer must keep any negotiations held during the Registration process and RFT process confidential.

(g) Tenderers should refer to the clauses of the template Oil Stock Ticket Contracts (Appendix 3 or Appendix 4as applicable) relating to confidentiality.

20. Seek own advice(a) This RFT is not business, investment, legal or tax advice. Tenderers should

seek their own independent professional advice in respect of all matters in connection with this RFT.

21. Additional steps

21.1 Clarification, additional information and corrections

(a) After the Tender Close Date, the Department may engage in any discussions with, or seek clarification on any matter from, any tenderer.

(b) The Department may require a tenderer to submit additional information to allow further consideration of its tender.

(c) If the Department considers that there is an unintentional error of form in a tender, the Department may give the tenderer an opportunity to correct the error. If the Department gives a tenderer an opportunity to correct an unintentional error of form, it will give the same opportunity to all tenderers in the same position.

21.2 Independent inquiries

(a) The Department may make independent enquiries about any of the matters that may be relevant to the evaluation of any tender.

22. Negotiations with tenderers(a) After the Tender Close Date, the Department may enter into negotiations

with any one or more tenderers, or no tenderers.

(b) Without limiting clause 6(a) of this RFT, during any such negotiations, the Department may engage in detailed discussions with the goal of maximising the benefits to the Department, as measured using the Evaluation Criteria in clause 17 of this RFT, or to improve value for money to the Department.

(c) Without limiting its other rights under this RFT, if in the Department's view during final negotiations a preferred tenderer retracts, or attempts to retract, agreements under which material business, financial, technical and legal issues were resolved during negotiations, the Department may reject the preferred tenderers tender, discontinue negotiations with that tenderer, re-enter negotiations with other tenderers (including or excluding the preferred tenderer), and exercise any other right the Department has under this RFT, at law or otherwise.

23. Notification of outcome and opportunity for debriefing(a) After the end of the RFT process, the Department will notify each tenderer

of the outcome of evaluation of its tender.

(b) Each tenderer will be offered the opportunity for a debriefing (at the time and in the manner the Department reasonably determines).

24. Public Statements(a) Except with the prior written approval of the Department, tenderers must

not make a statement, issue any document or material or provide any other information for publication in any media, concerning tender evaluation, the acceptance of any tender, commencement of negotiations, creation of a shortlist, or notification that a tenderer is a preferred tenderer.

(b) In addition to any other right, the Department may exclude a tender from further consideration if the tenderer does not comply with this requirement.

Section B: Detailed Requirements of RFT

1. General (a) Section B provides the detailed requirements of this RFT.

(b) In this Section B, capitalised terms are defined in the template Oil Stock Ticket Contracts (Appendix 3 or Appendix 4, as applicable) or General Terms and Conditions (Appendix 5).

(c) This Section B does not constitute legal advice and tenderers should seek their own advice on the template Oil Stock Ticket Contracts and General Terms and Conditions.

2. Type of Product and Specification(a) The Type of Product of the Contacted Quantity may be crude oil, natural

gas liquids, refinery feedstocks, other hydrocarbons, refinery gas (not liquefied), ethane, liquid petroleum gas, naphtha, motor gasoline, aviation gasoline, gasoline-type jet fuel (naphtha type jet fuel or JP4), kerosene type jet fuel (aviation turbine fuel), other kerosene (burning oil), gas/diesel oil (distillate fuel oil), fuel oil (both low and high sulphur content), white spirit and SBP, lubricants, bitumen, paraffin waxes or petroleum coke1.

(b) The tender must specify the standard specification and/or grade for the Type of Product as required in the Storage Location.

(c) Where the Type of Product is crude, a type of crude need not be specified but the tender must note the typical crude types that are likely to be available.

(d) The supplier must exclusively own the Contracted Quantity for the Term, or until purchased or released in accordance with the contract.

3. Contracted Quantity (a) The Supplier must agree to reserve the Contracted Quantity for the

Department for the Term.

1 Stock held must be able to be counted towards the IEA 90-day stock holding obligations.

(b) The tender must offer a minimum Contracted Quantity of 10,000 metric tonnes.

(c) The Department reserves the right to accept part volumes from any offer. The tender must specify any applicable minimum volume which may be accepted by the Department in its tender.

4. Storage and Delivery Location(a) The Supplier will be required to store the Contracted Quantity at the

Storage Location in facilities that comply with any applicable Laws and meet the any applicable standards for such facilities. The Storage Location must have reasonable access to a facility (or facilities) from which the Contracted Quantity can be made readily available to the market.

(b) Tenderers must detail any restrictions affecting the ability to access to the Contracted Quantity (e.g. port restrictions on ship size, loading rates, special safety requirements).

(c) Tenderers must confirm in their tenders that the access facility (or facilities) will be accessible to any market participant should the Contracted Quantity be required to be made available to the market.

5. Purchase Option(a) The Department will have an option to purchase stocks in the

circumstances defined in the relevant template Oil Stock Ticket Contract (Purchase Option).

5.2 Terms of Purchase

(a) In the event that the Department exercises its Purchase Option, the sale and purchase of the Product will be governed by template General Terms and Conditions (Appendix 5), as agreed-in-principle between the Department and the supplier at Registration (or terms no less favourable to the Department than as so agreed).

5.3 Purchase Price

(a) The pricing basis to be applied in the event the Department exercises its Purchase Option (the Purchase Price) will be specified in the Oil Stock Ticket Contract (Appendix 3 or Appendix 4, as applicable) and tenderers must identify their proposed pricing basis in their tender.

(b) The tender must also detail all costs associated with the Department’s payment of the Purchase Price, including all taxes, imposts, levies, excises and duties.

6. Release Option(a) The Department will also have an option to release the Supplier from its

obligation to reserve part or all of the Contracted Quantity as an alternative to exercising the Purchase Option.

7. Monthly Fee(a) There will be a single Monthly Fee in USD (for Contracted Quantity held

offshore) or AUD (for Contracted Quantity held in Australia) per tonne per month. The Monthly Fee will apply to an identifiable and specified tranche of Product, to allow for the scenario where different tranches of Product are priced differently. The Monthly Fee will be inclusive of all of the Supplier’s costs.

(b) Once the Purchase Option or Release Option has been exercised, the Department will cease paying the Monthly Fee (or a proportion of the Monthly Fee if not all stocks are purchased or released) from the month following the month of purchase or release.

(c) Payment of the Monthly Fee will be made by the later of the fifteenth calendar day of the month to which the invoice relates, and the eleventh Working Day after receipt of the relevant invoice by the Department.

8. Taxes, Duties and Levies (a) For offshore stock:

(i) The tender must provide the details of any applicable excises, and if any excises have been paid on the stocks, details of the payments.

(ii) The tender must specify any taxes, imposts, levies and duties relating to the holding of stock or the purchase of stock that are applicable in the relevant jurisdiction. The tender must also specify when the liability for the payment of the applicable taxes, imposts, levies and duties arises (being before or after Delivery).

(iii) The Department understands that no value added taxes will be payable in relation to either the holding of stock (i.e. in addition to the monthly fee) or the purchase of stock (i.e. in addition to the Purchase Price). Tenderers must confirm their understanding of the applicable taxes position in their tenders.

(b) For onshore stock:

(i) Taxes (other than GST), imposts, levies and duties are the responsibility of the Supplier. Tenders must be provided both inclusive and exclusive of GST.

(ii) The tender must include details of any applicable excises, and if any excises have been paid, the, details of the payments.

Appendix 1 - Offshore Stock Request for Tender Response Form

Completed Request for Tender Response Forms must be submitted via AusTender by the Tender Closing Time. See clause 6(d), section A of the RFT for the formats permitted by the Department.

References in this form to sections, paragraphs and the “summary of requirements” are references to sections, paragraphs and the summary of requirements in the RFT.

Please include additional information where it would add clarity and value to the Department in assessing your tender.

Tenderer

Name of tenderer:

Business Registration Number (if applicable):

Registered business address of tenderer:

Contact address for notices:(to be specified in any Offshore Oil Stock Ticket Contract (Appendix 3) entered into with the Department)

Title:Address:Fax:Email:

Contact person for any tender discussions:(to be specified as the Supplier Officer Representative in any Offshore Oil Stock Ticket Contract (Appendix 3) entered into with the Department)

Name:Position:Phone:Email:

Confirmation that information provided and confirmed by the tenderer in the Registration process (including the in-principle-agreement of the terms of Offshore Oil Stock Ticket Contract) remains accurate:

Yes or No

Contracted Quantity

Type of Product:(section B, paragraph 3)

Type of Product specification and/or grade:(typical crude types if tendered stock is crude oil) (section B, paragraph 3)

Confirmation that the tenderer exclusively owns the Contracted Quantity:(section B, paragraph 3)

Yes or No

Proposed Contracted Quantity (in metric tonnes), including volume within each Tranche (if there are multiple) and any minimum acceptable volume:(section B, paragraph 4)

If applicable:Tranche One Stock:

Tranche Two Stock:

Storage Location

Storage Location:(name of facility and full address details including jurisdiction)

Details of any excise, taxes paid or payable on the stocks:(section B, paragraph 10)

Term

Contract Term:(See Contract Term in the RFT Summary of Requirements on the cover page)

Monthly Fee

Monthly fee (USD/tonne/month):(section B, paragraph 8) If applicable:

Tranche One Stock: Tranche Two Stock:

Details of any applicable taxes, imposts, levies and duties on the holding of the Contracted Quantity (including any value added taxes): (specify the nature and rate of any such taxes etc. and when these become payable - section B, paragraph 10)

Purchase Details (to be used in the event that the Department exercises the Purchase Option)

Purchase Price: (set out pricing quotation and terms in full (to be recorded at item 8 of Schedule 1 of any Offshore Oil Stock Ticket Contract (Appendix 3) with the Department), including any applicable premia/ discounts, escalators/de-escalators and the dates/timeframes for the relevant quotes or quote averages)

(section B, paragraph 6.2)

Details of any applicable taxes, imposts, levies and duties on the purchase of the Product: (specify the nature and rate of any such taxes etc. and when payable – section B, paragraph 10)

Primary delivery Location and details of how the Product will be delivered:(list any restrictions on access - section B, paragraph 5(b))

Secondary Delivery Location and details of how stocks will be delivered:(list any restrictions on access - section B,

paragraph 5(b))

Confirmation that access to facilities will be available to any market participant if Product is purchased: (section B, paragraph 5(c))

Yes or No

Other

Detail any proposed deviations from the process/documentation outlined in the RFT or any other information the tenderer wishes to provide to aid in the evaluation of its tender.

The tenderer declares to the best of its knowledge and belief that all information contained in this Request for Tender Response forms is true and correct.

All tenders will be a continuing offer capable of acceptance by the Department, subject only to the entry into binding contractual documentation, will be irrevocable and cannot be withdrawn or amended until the expiry of 14 calendar days from the Tender Closing Time, or until such later date as may be agreed, unless earlier notified that the tender has been unsuccessful.

Signed for and on behalf of the tenderer

________________________________Authorised Signatory

Name:__________________________

Position:_________________________

Date:___________________________

Appendix 2 - Onshore Stock Request for Tender Response Form

Completed Request for Tender Response Forms must be submitted via AusTender by the Tender Closing Time. See clause 6(d) of the RFT for the formats permitted by the Department.

References in this form to sections, paragraphs and the “summary of requirements” are references to sections, paragraphs and the summary of requirements in the RFT.

Please include additional information where it would add clarity and value to the Department in assessing your tender.

Tenderer

Name of tenderer:

ABN (or ACN):

Registered business address of tenderer:

Contact address for notices:(to be specified in any Onshore Oil Stock Ticket Contract (Appendix 4) entered into with the Department)

Title:Address:Fax:Email:

Contact person for any tender discussions (to be specified as the Supplier Officer Representative in any Onshore Oil Stock Ticket Contract (Appendix 4) entered into with the Department)

Name:Position:Phone:Email:

Confirmation that information provided and confirmed by the tenderer in the Registration process (including the in-principle-agreement of the terms of any Onshore Oil Stock Ticket Contract) remains accurate:

Yes or No

Contracted Quantity

Type of Product:(section B, paragraph 3)

Type of Product specification and/or grade:(typical crude types if tendered stock is crude oil) (section B, paragraph 3)

Confirmation that the tenderer exclusively owns the Contracted Quantity:(section B, paragraph 3)

Yes or No

Proposed Contracted Quantity (in metric tonnes), including volume within each Tranche (if applicable) and any minimum acceptable volume:

If applicable:Tranche One Stock:

(section B, paragraph 4)Tranche Two Stock:

Storage Location

Storage Location:(name of facility and full address details)

Details of any excise taxes paid or payable on the Contracted Quantity:(section B, paragraph 10)

Term

Contract Term:(See Contract Term in the RFT Summary of Requirements on the cover page)

Monthly Fee

Monthly fee (AUD/tonne/month):(section B, paragraph 8) If applicable:

Tranche One Stock: Tranche Two Stock:

Details of any applicable taxes, imposts, levies and duties on the holding of the Contracted Quantity (including any value added taxes): (specify the nature and rate of any such taxes etc. and when these become payable - section B, paragraph 10)

Purchase Details (to be used in the event that the Department exercises the Purchase Option)

Purchase Price: (set out pricing quotation and terms in full (to be recorded in at item 8 of Schedule 1 of any Onshore Oil Stock Ticket Contract (Appendix 4) with the Department), including any applicable premia/ discounts, escalators/de-escalators and the dates/timeframes for the relevant quotes or quote averages)

(section B, paragraph 6.2)

Details of any applicable taxes, excises, imposts, levies and duties on the purchase of the Product: (specify the nature and rate of any such taxes etc. and when payable, list both GST inclusive and exclusive fees – section B, paragraph 10)

Primary Delivery Location and details of how the Product stocks will be delivered:(list any restrictions on access - section B, paragraph 5(b))

Secondary Delivery Location and details of how Product will be delivered:(list any restrictions on access - section B, paragraph 5(b))

Confirmation that access to the facilities at the Storage Location will also be available to any market

Yes or No

participant if Product is purchased: (section B, paragraph 5(c))

Other

Detail any proposed deviations from the process/documentation outlined in the RFT or any other information the tenderer wishes to provide to aid in the evaluation of its tender.

The tenderer declares to the best of its knowledge and belief that all information contained in this Request for Tender Response Form is true and correct.

All tenders will be a continuing offer capable of acceptance by the Department, subject only to the entry into binding contractual documentation, will be irrevocable and cannot be withdrawn or amended until the expiry of 14 calendar days from the Tender Closing Time, or until such later date as may be agreed, unless earlier notified that the tender has been unsuccessful.

Signed for and on behalf of the tenderer

________________________________Authorised Signatory

Name:__________________________

Position:_________________________

Date:___________________________

Appendix 3 – Offshore Oil Stock Ticket Contract

https://www.energy.gov.au/publications/oil-stock-ticketing-offshore-contract

Appendix 4 – Onshore Oil Stock Ticket Contract

https://www.energy.gov.au/publications/oil-stock-ticketing-onshore-contract

Appendix 5 – General Terms and Conditions

https://www.energy.gov.au/publications/oil-stock-ticketing-general-terms-and-conditions