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Conditions Document English Version
Conditions Document English Version
No
ACTIVITY DATE HOUR PLACE AND ADDRESS
.
Place:
YPFB - National Vice Presidency of Operations - Regional
Contracting Office (New Building) located at Av. Grigota S/N
between 3rd. External Ring (Av. Mario R. Gutiérrez) and Calle
4 Clarification Meeting 06/09/2023 11:00 Las Palmas. Santa Cruz de la Sierra, Bolivia
Through the Cisco Webex Meetings app:
https://ypfbcorp.webex.com/ypfbcorp/j.php?MTID=m9ada442697543733a50960e323e1f1e8
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YPFB - Specifications - Assets - Foreign Bidder Version 1
PART I
GENERAL INFORMATION TO BIDDERS
This supplier selection process is governed by the Regulations for Direct
Contracting of Works, Goods, General Services, and Consulting Services within the
1. APPLICABLE REGULATIONS
Supreme Decree No. 29506 framework, approved by Board Resolution No.
64/2022, dated September 30. 2022.
Legal entities and Accidental Associations, legally constituted abroad, are eligible
2. ELIGIBLE BIDDERS
bidders.
To participate in the selection process and before submitting their offer, the
proponent must be registered and enabled in the YPFB Supplier Management
System.https://cronos.ypfb.gob.bo.
3. REGISTRATION AND LICENSE
OF SUPPLIERS
The bidder must update its registration and supporting documentation in the YPFB
Supplier Management System.https://cronos.ypfb.gob.bo, up to two (2) business
days before the deadline for submitting bids established in these specifications.
Proponents included in the following subparagraphs are prevented from
participating, directly or indirectly, in the selection and contracting process:
a) That they have outstanding debts with the State, established using executory
notes or charge sheets and not paid,
b) That they have an enforceable judgment, with an impediment to engaging in
trade,
c) That they are serving a criminal sanction established using an enforceable
sentence for crimes included in Law No. 1743 of January 15, 1997, which
approves and ratifies the Inter-American Convention against Corruption or
its equivalents provided for in the Penal Code,
d) That they had declared their dissolution or bankruptcy,
e) Whose legal representatives, shareholders, or controlling partners have
marital or kinship ties to the MAE, up to the fourth degree of consanguinity
and second degree of affinity, by the provisions of the Code of Families and
Family Process,
f) YPFB personnel who performed functions in YPFB up to one (1) year before
4. PREVENTED FROM the publication of the call, as well as the companies controlled by them,
PARTICIPATING IN THE g) The personnel who work in YPFB, as well as the companies controlled by
SELECTION PROCESSES. them,
h) The awarded bidders who have withdrawn from signing the Contract,
Purchase Order, or Service Order up to one (1) year after the date of express
or tacit withdrawal, except for reasons of force majeure, fortuitous event or
other reasons duly justified and accepted by the Entity that makes the report
in SICOES,
i) The suppliers, contractors, or consultants with whom the Contract has been
terminated due to causes attributable to the may not participate for three
(3) years after the termination date. Likewise, those suppliers that have
breached the purchase order or service order may not participate for one (1)
year after the date of breach,
j) YPFB personnel or former personnel who provide services in YPFB
Subsidiaries or Affiliates, up to one (1) year before the publication of the call,
as well as the companies controlled by them.
k) Suppliers, contractors, or consultants not authorized in the YPFB Supplier
Management System.
l) Suppliers, contractors, or consultants registered in the YPFB Supplier
Management System who still need to update their documentation up to
two (2) business days before the presentation of offers.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
6. LANGUAGE The offer must be presented in Spanish. Likewise, the correspondence between
the bidder and YPFB will be in the same language.
The Specifications and other documents will be published on the YPFB website as
9. PUBLICATION AND official media; Alternatively, they may be published in another(s) media(s).
NOTIFICATION
In physical form, notifications will be made via instant situational email, the YPFB
website.
The indicated criteria are not limiting, being able to consider other rectifiability
criteria; these may also be applied in the document verification stage of the
contracting process.
When the proposal contains rectifiable errors, these must be described in the
background of the selection and/or handling processes.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
Bids must be disqualified solely and exclusively for the reasons indicated above.
If required, the Preliminary Inspection will be carried out in the place, date, and
time indicated in the schedule of terms of this Specification Sheet.
12. PRIOR INSPECTION
If the bidder cannot participate in the preliminary inspection within the period
established by YPFB, it is understood that he accepts all the conditions of the
selection process. If attendance at the prior inspection is mandatory, non-
attendance will be grounds for disqualification.
If required, any bidder may submit written inquiries to the email address
13. WRITTEN INQUIRIES established in the deadline schedule of this Tender Document, consigning the
object of the selection process until the date and time limit indicated.
Consultations must be made in writing in Spanish.
If required, the Clarification Meeting will be held on the date, time, and place
indicated in the deadline schedule of this Tender Document, in which the bidders
14. CLARIFICATION MEETING may express their queries about the selection process.
The minutes of the clarification meeting will be published on the YPFB website,
www.ypfb.gob.bo.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
YPFB may adjust the Tender Documents, on its own initiative and/or as a result of
15. ADJUSTMENTS TO THE the clarification meeting, up to two (2) business days before the submission of
SPECIFICATIONS offers.
The Procurement Unit, in coordination with the Requesting Unit, may extend the
deadline for submitting bids for the following reasons duly justified and accepted
by YPFB:
The extension must be made up to one (1) business day before the presentation of
offers and published on the YPFB website.www.ypfb.gob.bo.
PART II
PREPARATION OF THE OFFER
The offer must be prepared by this Tender Document's requirements, conditions,
17. OFFER PREPARATION
documents, and forms.
The costs of preparing and submitting bids and any other cost required by the
18. COSTS OF PARTICIPATION IN
participation of a bidder in the selection process, regardless of its result, are
THE SELECTION PROCESS
exclusively the responsibility of each bidder, under their full responsibility.
When a proponent presents his offer for more than one item, lot, package, or
volume, he must present Form A - 1 (Affidavit) only once; likewise, for each item,
lot, package, or volume, it must present a technical offer and an economic offer, as
19. PRESENTATION OF OFFERS
established in this Tender Document.
BY ITEMS, LOTS, PACKAGES,
OR VOLUMES
In the case of presenting physical proposals and when the selection is by items,
the proponent may present a single technical and economical offer for the items
offered.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
OBJECT:
BIDDER'S NAME:
SELECTION
PROCESS CODE:
The offers presented may only be withdrawn until before the deadline
established for the closing of the presentation of offers.
20. OFFER PRESENTATION For this purpose, the proponent, through its accredited Legal Representative,
must request the assigned Contracting Personnel, in writing, the total return
of its offer, which will be made under written evidence and releasing
Yacimientos Petrolíferos Fiscales Bolivianos from any responsibility.
The electronic offers sent may only be withdrawn or modified until before
the deadline established for the closing of the offer submission; for this, the
proponent may enter the YPFB Supplier Management
Systemhttps://cronos.ypfb.gob.bo and make the withdrawal or modification
of your offer.
Bids will be opened, decrypted, or viewed at the time and date established in the
deadline schedule of the Specifications.
Physical offers will be rejected when submitted after the deadline (date and time)
21. REJECTION OF OFFERS
and/or in a place other than what is established in this Tender Document.
Once the deadline for receipt of offers has concluded, the Selection Committee
will open the offers in a public act on the date, time, and place indicated in the
schedule of deadlines of this Tender Document, issuing the corresponding
minutes.
22. OPENING OF BIDS
If there are no offers, the Selection Committee will suspend the opening
ceremony, issue the respective minutes and inform the Highest Authority of the
Requesting Unit that no offers were received.
The act of opening bids will be published on the YPFB website, www.ypfb.gob.bo.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
PART III
EVALUATION OF OFFERS
The Selection Committee will evaluate the offer(s) submitted, applying the
23. EVALUATION STAGE
selection method described in part IV of this Tender Document.
In all cases, YPFB will not assume any responsibility regarding the bidders affected
by this decision.
25. RESULTS OF THE SELECTION
The selection process result will be published on the YPFB website www.
PROCESS
PART IV
SELECTION METHOD
LOWER PRICE
After the opening ceremony, the Selection Committee will do the following:
a) It will evaluate the authorization of the proponent(s) in the YPFB Supplier Management
System (Cronos).
c) It will evaluate the economic offers of the authorized proponents, verifying the
arithmetic errors, considering the following aspects:
1. ASSESSMENT i. When the amount resulting from the multiplication of the unit price by the quantity
is incorrect, the price offered will prevail to obtain the adjusted amount.
ii. If the difference between the offer's read amount and the arithmetic review's
adjusted amount is less than or equal to two percent (2%), the offer will be
adjusted; otherwise, the offer will be disqualified.
Once the arithmetic errors have been corrected, the order of priority of the economic
offers will be determined by the lowest economic offer.
In the event of a tie for first place between two or more offers with the lowest price, the
Selection Committee will be responsible for defining the tie-breaking methodology, an
aspect that will be indicated in the Selection Report.
2. RESULT OF THE The Selection Committee will send to the Highest Authority of the Requesting Unit the
SELECTION results of the selection process according to the following:
a) If offers meet the conditions established in these Terms and Conditions, describe the
Order of Priority about the economic offer with the lowest price.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
b) If offers do not comply with the conditions established in this Tender Document,
describe why they do not comply.
c) To negotiate if there are economic offers of more than USD 10,000,000.- (Ten Million
00/100 US Dollars), describe the best economic offer and the following offers that are in
the range of economic dispersion less than or equal to 5% about the first offer; in both
cases, the offers must comply with the conditions requested in these specifications.
PART V
FORMS AND DOCUMENTS FOR BID SUBMISSION
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YPFB - Specifications - Assets - Foreign Bidder Version 1
FORM A - 1
SWORN DECLARATION
(The proponent must not modify or delete the information contained in this form)
BIDDER IDENTIFICATION
Proposer's Name:
(ACCORDING TO THE NAME REGISTERED IN ITS INCORPORATION
DOCUMENT).
Trade Registration Number:
(EQUIVALENT DOCUMENT OF THE ISSUING STATE/COUNTRY,
EXCEPT INCIDENTAL ASSOCIATIONS)
Tax Identification Number – NIT:
(EQUIVALENT DOCUMENT OF THE ISSUING STATE/COUNTRY,
EXCEPT INCIDENTAL ASSOCIATIONS)
Participation Percentage:
On behalf of the proponent that I represent, I am submitting this offer, expressly declaring my agreement and
commitment to comply with the following points:
a) I declare to strictly comply with the regulations in force in the Plurinational State of Bolivia, established in
Supreme Decree No. 29506, its Regulations, and this Specification.
b) I declare that my offer is valid for 120 calculable calendar days from the opening of offers, being able to extend
it at the simple request of YPFB.
c)I declare no conflict of interest with YPFB for this selection process.
d) I declare that, as a proponent, I am not on the grounds of impediment established in this Tender Document.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
e) I declare and guarantee that I have examined the Specifications (its adjustments and/or term extensions, if
any), as well as the forms and documents for the presentation of the offer, accepting without reservation all
the stipulations.
f) I declare to respect the performance and not incur in any relationship with YPFB personnel that is not through
written form, except in acts of a public nature except for the consultations made.
g) I declare the veracity of all the information and documentation provided and, at this moment, authorize, at any
stage of the selection process, for any natural or legal person to provide authorized YPFB representatives with
all the information they require to verify. If it is false, YPFB has the right to disqualify this offer.
h) I promise to report possible acts of corruption in this selection process within the framework of the provisions
of Law No. 974 of Transparency Units.
i) I declare that originals or certified photocopies support the information or documentation required.
j) If the offer is submitted electronically, I declare to accept that the time and date correspond to the YPFB servers
synchronized with the official time of Bolivia.
k)In case of being selected for the formalization of the contract, I declare my acceptance for the presentation of the
following documentation:
The partners that make up the Accidental Association must present the following documentation:
i. RUPE certificate that supports the information declared in your proposal for contracting processes greater
than Bs20,000.- (Twenty Thousand 00/100 Bolivians).
ii. Original or legalized photocopy of the Document of Incorporation of the Company may be excepted for other
proponents whose legal regulations inherent to its creation provide sole proprietorships, natural persons, and
companies registered in the Registry of Commerce.
iii. Original of the current Commercial Registration or Update Certificate of the current Commercial Registration,
except for proponents whose legal regulations inherent to their legal constitution so provide.
iv. Original or legalized photocopy of the Power of Attorney of the Legal representative of the proponent, with
powers to present proposals and sign contracts, registered in the Registry of Commerce; This registration may
be excepted for other proponents whose legal regulations inherent to their constitution so provide. Those
sole proprietorships that do not accredit a legal representative should not present this power of attorney. The
power of legal representation of companies that make up the accidental association must additionally have
the power to form the Accidental Association, including sole proprietorships, when the legal representative is
different from the owner.
v. Simple photocopy of the owner's or legal representative's identification document.
vi. Original Certificate of Information on Fiscal Solvency, issued by the Comptroller General of the Plurinational
State of Bolivia (CGE).
vii. Certificate of non-debt for long-term Mandatory Social Security contributions and the Comprehensive
Pension System. For sole proprietorships, which do not have dependents, they must present the Registration
Form for sole proprietorships without dependents - FIEUD (For Bolivian partners).
viii. Original or Legalized Photocopy of the certificates/documents that accredit the General and specific company
experience. (Where appropriate)
ix. Other documentation required by YPFB.
In the case of foreign bidders established in their country of origin, the incorporation documents, legal
representation documents, the trade registration document, and the identification document or passports must be
related to those required locally and comply with the following:
i. The original of the Power of Attorney or equivalent document issued by a Notary of Public Faith in Bolivia of
legal representation with specific powers to submit proposals and sign contracts, complying with the
provisions of Article 42 of Law No. 483 of January 25, 2014, of the Plurinational Notariat and with Paragraph II
of Article 74 of Supreme Decree No. 2189 of November 19, 2014; and for its delivery the following conditions
must be met:
- That the document is apostilled by Supreme Decree No. 3541, dated April 25, 2018.
- If the document is in a language other than Spanish, you must present the translation into Spanish made
by an official translator, as indicated in Paragraphs I and III of Article 56 of Supreme Decree No. 2189 of
November 19, 2014.
- If there has been a change of legal representative, you must document the termination and new
representation, complying with the conditions and formalities applicable to legal representation
documents.
The incorporation documents and the identification document or passport must comply with the following:
- That the document is apostilled by Supreme Decree No. 3541, dated April 25, 2018.
- If the document is in a language other than Spanish, you must present the translation into Spanish made
by an official translator, as indicated in Paragraphs I and III of Article 56 of Supreme Decree No. 2189 of
November 19, 2014.
ii. If foreign bidders whose country of origin is not included in the "Agreement Abolishing the Requirement for
the Legalization of Foreign Public Documents" (The Hague Convention on the Apostille), their documents
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YPFB - Specifications - Assets - Foreign Bidder Version 1
must comply with the legalization procedure, both in the country of origin as in Bolivia; that is to say, that the
legalization of the documents issued abroad must be managed before the Bolivian consulate in the country of
origin or the country closest to the country of origin and later legalized by the Ministry of Foreign Affairs in
Bolivia.
iii. In the case of the legal representation document, this will additionally be notarized before a Notary Public in
the Plurinational State of Bolivia.
FORM B - 1
ECONOMICAL OFFER
(In US Dollars)
Grades: The prize must be expressed with a maximum of two decimal places.
In the case of electronic offers, the information on this form must be registered through the Cronos system; it
will not be considered if the form is submitted in scanned format.
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FORM B - 1
ECONOMICAL OFFER
(In US Dollars)
Detail PRIZE
No. Unit Amount
TERMS OF DELIVERY USD
1 DAP SICA Terminal SICA - Arica, Chile M3 1
Grades: The prize must be expressed with a maximum of two decimal places.
In the case of electronic offers, the information on this form must be registered through the Cronos system; it
will not be considered if the form is submitted in scanned format.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
FORM C - 1
TECHNICAL OFFER
(The proponent must not modify or delete the information contained in this form)
I. On behalf of the proponent I represent, I expressly declare my agreement and commitment to comply with the
technical specifications attached to this specification.
Grades: This form should only be presented in the case of physical offers.
In the case of electronic offers, the information on this form must be registered through the Cronos
system; it will not be considered if the form is submitted in scanned format.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
FORM C - 1
TECHNICAL OFFER
(The proponent must not modify or delete the information contained in this form)
I. On behalf of the proponent I represent, I expressly declare my agreement and commitment to comply with
the technical specifications attached to this specification.
Grades: This form should only be presented in the case of physical offers.
In the case of electronic offers, the information on this form must be registered through the Cronos
system; it will not be considered if the form is submitted in scanned format.
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YPFB - Specifications - Assets - Foreign Bidder Version 1
FORM C - 2
BIDDER'S EXPERIENCE
ITEM 1: DIESEL OIL SUPPLY – VESSELS
EXPERIENCE
(check one or Execution Period
both)
Contracting Purpose of the Amount
No.
entity Contract American dollars
Specifies
Start End
General
(Day Month (Day Month
Year) Year)
No.
Grades. -
All the information in this form is an affidavit; in case of award, the proponent agrees to submit the supporting
documentation declared as established in the technical specifications.
In the case of electronic offers, the information on this form must be registered through the Cronos system; it will not
be considered if the form is submitted in scanned format.
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FORM C - 2
BIDDER'S EXPERIENCE
ITEM 2: SUPPLY OF INPUTS AND ADDITIVES – VESSELS
EXPERIENCE
(check one or Execution Period
both)
Contracting Purpose of the Amount
No.
entity Contract American dollars
Specifies
Start End
General
(Day Month (Day Month
Year) Year)
No.
Grades. -
All the information in this form is an affidavit; in case of award, the proponent agrees to submit the supporting
documentation declared as established in the technical specifications.
In the case of electronic offers, the information on this form must be registered through the Cronos system; it will not
be considered if the form is submitted in scanned format.
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PART VI
TECHNICAL SPECIFICATIONS
Attached to this specification are the technical specifications that are an integral part of this document.
PART VII
WARRANTY CONSIDERATIONS
Applicable to economic offers that exceed USD 10,000,000.- (Ten Million 00/100 United States Dollars)
- The proponent decides to expressly withdraw its offer after the deadline for the submission of offers.
- The information declared in your offer is proven to be false.
- The documentation presented by the proponent awarded for the signing of the contract does not
support what is indicated in Form A-1 (Affidavit)
- The awarded bidder does not present one or more of the documents requested to prepare the contract
within the established term or when they do not meet the requested conditions.
- The awarded bidder desists, expressly or tacitly, from signing the contract within the established period
unless justified by force majeure or unforeseen events duly justified and accepted by YPFB.
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