FINANCE, DESIGN, CONSTRUCTION, OPERATION, MAITENANCE AND TRANSFER OF AN LPG STORAGE FACILITY AT YAVOR
פתוח עד 19.10.2026
כל המכרזים לאותו תפקיד אצל משרד האוצר - החשב הכללי - כולל הארכות ומכרזים חוזרים ←
תוכן המסמך: מסמך הבהרת עורך המכרז
STATE OF ISRAEL
1
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS July 28, 2026 To:
All Participants
Re: Invitation for Pre-Qualification No. 12/2025 in relation to Participation in a Tender for Finance, Design, Construction, Operation and Maintenance of an LPG Storage Facility at Yavor (the "Invitation")
Clarifications and Addendum No. 4
1. Pursuant to the Invitation issued on December 31, 2025, and in accordance with the provisions thereof, the Participants are hereby notified of the clarifications and addenda to the Invitation, as set forth in and attached hereto as Annex A.
2. The final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of the Invitation is postponed to 31.8.2026.
3. The Pre-Qualification Submission Date is hereby postponed to 23.09.2026.
4. The issuance of this Addendum shall not derogate from, waive, prejudice, or otherwise limit any of the Tender Committee's rights, powers, remedies, or prerogatives under the Invitation or applicable Law.
5. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Pre-Qualification Documents.
Respectfully yours,
Gal Lando
Chairman of the Tender Committee
CC: Members of the Tender Committee
STATE OF ISRAEL
2
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS Annex A A. Pre-Qualification Documents; Clarifications Item No. Q/A Questions and Answers Reference 1.
Q
The Tender Committee was requested to confirm that a regional natural gas distribution network developed under a statutory license may be presented as an "Infrastructure Project" under Section 5.1.1 of the Invitation.
Invitation –
Sections 1.1.45
and 5.1.1
A
The Tender Committee clarifies that a regional natural gas distribution network, where the proposed Entity assumed full and integrated responsibility for both the Design and Construction of the entire infrastructure project as well as bore the risks related thereto , under a statutory license, may be presented as an "Infrastructure Project" for the purposes of Section 5.1.1, provided that all other applicable requirements of the Invitation are satisfied.
2.
Q
The Tender Committee was requested to confirm that a natural gas distribution network developed and implemented progressively under a single license may be regarded as a single "Infrastructure Project" for the purposes of Section 5.1.1.
Invitation –
Sections 1.1.45
and 5.1.1
A
The Tender Committee clarifies that where the proposed Entity assumed full and integrated responsibility for both the Design and Construction of a gas distribution network as well as bore the risks related thereto, under a single specific statutory license may be regarded as a single "Infrastructure Project" for the purposes of Section 5.1.1, provided that all other applicable requirements of the Invitation are satisfied.
3. Q
The Tender Committee was requested to confirm that a licensee who acts as the developer and the entity bearing overall responsibility for the design, procurement and construction of a project satisfies the
STATE OF ISRAEL
3
Item
No. Q/A Questions and Answers Reference
requirement of a "Main Contractor under an EPC Contract" under Section
5.1.1. Invitation –
Sections 1.1.31,
1.1.52 and 5.1.1
A The Tender Committee rejects the request.
4.
Q
The Tender Committee was requested to confirm that, for a progressively completed Infrastructure Project, the 24- month operational requirement under Section 5.1.1 may be satisfied with 50% of the Infrastructure Project, operating for less than 24 months.
Invitation –
Section 5.1.1
A The Tender Committee rejects the request.
5.
Q
The Tender Committee was requested to confirm that, for the purposes of Section 5.1.1, where a project was implemented as regulated utility infrastructure without a conventional contract price, the Contract Value may be calculated based on the aggregate relevant costs incurred by the entity up to Completion.
Invitation –
Sections 1.1.19
and 5.1.1
A The Tender Committee rejects the request.
6.
Q
The Tender Committee was requested to amend Section 5.6(iii) to limit the "joint and several accountability" requirement to unincorporated joint ventures, or to amend Section 5.6(iv) to permit direct holdings of at least 50% of the Means of Control of the relied-upon Entity.
Invitation –
Sections 5.1.1 and
5.6(iii)–(iv)
A The Tender Committee rejects the request.
7. Q
The Tender Committee was requested to reduce the minimum continuous operational period applicable to the Design Experience Provider and the Construction Experience Provider under Sections 5.2.1.3 and 5.3.1.3 from twenty-four (24) months to twelve (12) months.
Invitation –
Sections 5.2.1.3
and 5.3.1.3
STATE OF ISRAEL
4
Item
No. Q/A Questions and Answers Reference
A The Tender Committee rejects the request.
8.
Q The Tender Committee is requested to provide the registration number of each Advisor that is an incorporated entity.
Invitation –
Annex B
A
Annex B is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
********************
Arnon, Tadmor-Levy, Law Firm, (Company No. 513311175) , Legal Advisors
Goldfarb Gross Seligman & Co ., Law Offices, (Partnership No.
540113743), Legal Advisors
M.L.G.R – Urban, Transportation & Infrastructure Planning & Projects Management Ltd., (Company No. 514437094), Statutory Advisors
BK Management and consulting Avi Bizman Financial Consulting Ltd.
(Company No. 514613579), Financial Advisors
Adan – Technical and Economic Services Ltd., (Company No. 511309957), Technical Advisors
"PAZ" Engineering and Management (1980) Ltd., (Company No.
510861768), Technical Advisors
STATE OF ISRAEL
5
Item
No. Q/A Questions and Answers Reference
9.
Q
The Tender Committee was requested to denominate the EPC Expert's Contract Value thresholds under Section 5.1.1 in fixed USD figures instead of NIS. Invitation –
Sections 4.2.6.1.4
and 5.1.1
A The Tender Committee rejects the request.
10.
Q
The Tender Committee was requested to amend the definition of "Infrastructure Project" in Section 1.1.45 to expressly include (i) complex water treatment and water supply systems; and (ii) industrial processing and manufacturing facilities, or a complex of such facilities.
Invitation –
Sections 1.1.45
and 5.1.1
A
Section 1.1.45 of the Invitation is hereby amended as follows (the underlined words indicate text added to the Invitation):
*******************
“Infrastructure Project” Shall mean a project for the Design and Construction of a large -scale infrastructure, including without limitation any of the following: LPG storage facility, power generation facility, rail project, highway project, tunnel, water desalination facility, water treatment and water supply system , industrial processing and manufacturing facility, hospital, port, airport, or a complex of buildings such as government, military or police training base.
*******************
11.
Q
The Tender Committee was requested to clarify the conversion mechanism to NIS for Contract Values denominated in currencies other than EUR, USD, or GBP, particularly where the Bank of Israel does not publish a representative exchange rate. Invitation –
Sections 4.2.6.1.4
and 4.2.6.2
A
Section 4.2.6.2 of the Invitation is hereby amended as follows (the underlined words indicate text added to the Invitation):
***************
STATE OF ISRAEL
6
Item
No. Q/A Questions and Answers Reference
4.2.6.2. An Entity whose financial data is presented in currencies other than the currencies presented in Section 4.2.6.1 is required to submit a specific request to the Tender Committee for other currency conversion to NIS based on exchange rates as published by the Bank of Israel, at least
30. days prior to the Pre -Qualification Submission Date provided, however, that where the Bank of Israel does not publish a representative exchange rate for the relevant currency, a Participant may submit, as part of such request, supporting documentation from the central bank of the country in which the relevant project was carried out, with respect to the relevant exchange rate, including without limitation an Excel file with all the exchange rates published during the applicable year, calculation of the average exchange rate and the calculation of the Contract Value. Such request may be submitted until thirty (30) days prior to the Pre -
Qualification Submission Date (or in the event of a requested change pursuant to Section 9.5 below at the applicable time). Such a request shall contain all the relevant information, including exchange rate tables and a reference to the source thereof with supporting evidence thereof . T he Tender Committee will consider each request on a case-by-case basis and may issue an Addendum as a result thereof.
****************
12.
Q The Tender Committee was requested to publish clean MS -Word format versions of the Pre-Qualification forms in Annex C. Invitation –
Section 2.3;
Annex C
A MS-Word format versions of the Pre -Qualification forms in Annex C, is published together with this Addendum No. 4.
STATE OF ISRAEL
7
B. Pre-Qualification Documents; Addenda
Item
No. Reference Amendment
1. Invitation - Section
1.6.2
Section 1.6.2 of the Invitation is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
**********************
1.6.2 Final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of this Invitation –
15.07.2631.08.26.
**********************
2. Invitation - Section
1.6.3
Section 1.6.3 of the Invitation is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
********************
1.6.3 Pre-Qualification Submission Date – 17.823.9.26.
********************
3. Invitation - Section
1.1.81
The definition of “SPV” or “Special Purpose Vehicle” in Section 1.1.81 of the Invitation is hereby amended as follows (the underlined words indicate text added to the Invitation):
***************
“SPV” or “Special Purpose Vehicle”
Shall mean a SPC or a special purpose limited partnership incorporated under the Laws, that the sole purpose of which shall be the participation in the Tender Process, the submission of a Bid therein and the execution of the Project (if eventually selected to do so), all in accordance with the provisions of the Tender Process Documents.
***************
STATE OF ISRAEL
8
4. Invitation - Section
5.1.1
Section 5.1.1 of the Invitation is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and the underlined words indicate text added to the Invitation):
***************
5.1.1. Each Participant is required to demonstrate that the EPC Expert on its behalf meets the following requirements:
During the ten (10) fifteen (15) years immediately preceding the Pre -
Qualification Submission Date, the EPC Expert had Completed, as a Main Contractor under an EPC Contract, the Design and Construction of Infrastructure Projects, which meet the following criteria:
1. (a) at least two (2) Infrastructure Projects in Israel, out of which one is of a Contract Value of at least three hundred million (300,000,000) NIS, and the other of at least two hundred million (200,000,000) NISeach of a Contract Value of at least two hundred million (200,000,000) NIS;
or:
(b) at least one (1) Infrastructure Project in Israel of a Contract Value of at least four hundred million (400,000,000) NISthree hundred million (300,000,000)
NIS.
2. the referenced Infrastructure Project(s) have been successfully operating for at least twenty -four (24) consecutive months following their Completion.
*****************
5. Invitation
An updated version of the Invitation is published together with Addendum No.4 and replaces the Invitation published together with Addendum #3, in its entirety.
As set forth in the answer to question number 12 in table A above, Annex C to the Invitation is also published in MS-Word format.
תוכן המסמך: מסמכי הליך
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION, MAITENANCE AND TRANSFER OF AN LPG STORAGE FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION NO.
1/2025
ANNEX C
PRE-QUALIFICATION FORMS
2025
TABLE OF CONTENTS
Pre-Qualification Form “1” - The Pre-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved]Design Experience Provider Pre-Qualification Form “8” [Reserved]Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre-Qualification Requirements Compliance
PRE-QUALIFICATION FORM “1”
THE PRE-QUALIFICATION SUBMISSION LETTER
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
To:
Chairman of the Tender Committee
Dear Sir,
Re: Invitation for Pre-Qualification to a Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of a Solar PV Power Plant (the "Invitation")
In response to the Invitation issued on [·], 2025, extending an invitation to submit a Pre-Qualification Submission which we have read and understood, we, the undersigned, submit this Pre-Qualification Submission.
We, the undersigned, (the "Participant") [name of Participant to be completed if incorporated], and all the Members thereof, ; ;
; [names of Members to be completed] have thoroughly and carefully read the Invitation, and are pleased to submit our Pre-Qualification Submission.
We agree to all of the provisions in the Invitation and all obligations included therein, and in particular the rights reserved to the Tender Committee, and we submit our Pre-Qualification Submission in accordance with the terms and provisions contained therein.
We warrant that the Pre-Qualification Submission is accurate, complete and up-to-date at the time of the Pre-Qualification Submission Date, in accordance with the requirements of the Invitation.
We acknowledge and accept the provisions of Section 9.3 (Reservation of Rights) and 9.4 (Prerogatives of the Tender Committee) of the Invitation, and without derogating from the generality of the foregoing, understand that the submission of our Pre-Qualification Submission shall not be deemed in any way to create an obligation on the part of the Tender Committee to announce our compliance with the Pre-Qualification Requirements; that the Tender Committee has the right to reject, as it deems appropriate, the Pre-Qualification Submission submitted by the Participant; and that the Tender Committee has the right, as it deems appropriate, to annul the Pre-Qualification Process and to reject all Pre-Qualification Submissions at any time, all, in accordance with the provisions of the Invitation.
Incorporated hereto, and made an integral part of the Pre-Qualification Submission, are all Pre-Qualification Forms, attachments and annexes thereto, and other annexes attached to the Pre-Qualification Submission as described herein:
114940084670891149400865149411494008835897114940090203011149400920318111494009387585Pre-Qualification Form “1” The Pre-Qualification Submission Letter Pre-Qualification Form “2” The Participant Pre-Qualification Form “3” The Members of the Participants and Guarantors Pre-Qualification Form “4” The Letter of Guarantee Pre-Qualification Form “5” Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved]Design Experience Provider Pre-Qualification Form “8” [Reserved]Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” Financial Pre-Qualification Requirements Compliance
Attached herein is a copy original [check applicable] of the receipt payment of the Participation Fee.
The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the Pre-Qualification Documents, issued until the Pre-Qualification Submission Date:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
...
[to be completed]
Detailed herein is information which the Participant considers to be of a commercially sensitive or secret nature concerning the Pre-Qualification Submission [to be completed in accordance with the provisions of Section 6.4 (Identification of Sensitive or Classified Information) of the Invitation]:
Capitalized terms in the Pre-Qualification Forms shall have the meaning ascribed thereto under the Invitation.
All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and Signature
Date
Confirmation by
attorney
person who is legally qualified by law within his/her domicile to provide such confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
PRE-QUALIFICATION FORM “2”
THE PARTICIPANT
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
Participant - General Information
Participant Name:
Business Address:
Phone:
Facsimile:
E-mail:
Authorized Representative
Name:
Phone:
E-mail:
Anticipated Holdings in the Participant
Member’s Name
Anticipated Holdings
%
%
%
The Participant hereby confirms that it complies with Section 3.1.1 of the Invitation.
Faithfully yours,
Stamp and Signature
Date
Confirmation by
attorney
person who is legally qualified by law within his/her domicile to provide such confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
PRE-QUALIFICATION FORM “3”
THE PARTICIPATING ENTITIES
[To be completed and signed by each Participating Entity, on a separate form]
Participating Entity - General Information
Position:
Member
Guarantor
EPC Expert
Design Experience Provider
Construction Experience Provider
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Legal Status
90403680039. Limited Liability Company
Registered Limited Partnership
Registered General Partnership
Other: [please provide further details]
Limited Liability Company
Registered Limited Partnership
Registered General Partnership
Other: [please provide further details]
* Attached are authenticated copies of the Participating Entity’s certificate of incorporation. Except for official and authenticated certificates of Israeli corporations submitted in Hebrew, certificates of incorporation provided by an Entity in any language other than English should be accompanied by a translation to English pursuant to Section 7.3 of the Invitation.
Registration Data
Registration Number:
Place of Registration:
Date of Registration:
Interested Parties in the Participating Entity
* Attached is an updated full chart describing the corporate holding structure, which lists all the entities controlling the Participating Entity, up to the ultimate controlling party.
Warranties and Representations:
The Participating Entity hereby warrants and represents that it complies with and satisfies all of the requirements stipulated in Sections 3.5.1 to 3.5.5 of the Invitation.
The execution and delivery by the Participating Entity of the Pre-Qualification Forms submitted by it in connection with the Pre-Qualification Submission are within its corporate powers, have been duly authorized by all necessary corporate and other actions and do not contravene: (i) the organizational documents of the Participating Entity; (ii) any law, rule or regulation applicable to the Participating Entity; (iii) to the best of the undersigned’s knowledge, any judgment, writ, injunction, decree or ruling of any court or other governmental body applicable to the Participating Entity; or (iv) any agreement, contract or other instrument known to the undersigned to which the Participating Entity is a party or to which it is subject.
The Participating Entity has not, directly or indirectly, induced or solicited any other Participant, Member or Guarantor to put in a false or sham Pre-Qualification Submission, and has not by itself, or directly or indirectly, colluded, arranged or agreed with any other Participant, Member or Guarantor to secure any advantage against any other Participant, or to secure any advantage against the Tender Committee or anyone interested in the Project.
The Participating Entity participates in the Pre-Qualification Process only within this Pre-Qualification Submission.
Any Entity which exercises Control over the Participating Entity, any Entity under the common Control thereof, and any Entity Controlled thereby, does not participate in the Pre-Qualification Process except within this Pre-Qualification Submission.
The Participating Entity [check if applicable] does not employ or engage, directly or indirectly, any of the advisors to the Tender Committee detailed in Annex B of the Invitation, for the purposes of the Pre-Qualification Process or the Tender; and/or [check if applicable] employs or engages or has employed or engaged, directly or indirectly, [name of advisor] which appears as an advisor to the
Tender Committee detailed in Annex B of the Invitation and has an engagement with respect to the following: . For the avoidance of doubt, the above disclosure is required only with respect to engagements that were in effect on or after June 30, 2025, and there is no requirement to disclose any engagement that ended before June 30, 2025.
To the best of the Participating Entity’s knowledge, and with respect to those parts of the Pre-Qualification Submission concerned with the Participating Entity:
The Pre-Qualification Submission submitted by the Participant is not made in the interest of, or on behalf of, any undisclosed person, corporation, company, voluntary association, partnership, trust, or unincorporated association;
The Pre-Qualification Submission is genuine and not collusive or sham; and All the information contained in the Pre-Qualification Submission is true, accurate, complete and current as of the Pre-Qualification Submission Date.
The Participating Entity has read the Invitation and is familiar with the provisions thereof, and in particular the provisions of Section 9.3 (Reservation of Rights) and 9.4 (Prerogatives of the Tender Committee) of the Invitation.
All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and Signature
Date
Confirmation by
attorney person who is legally qualified by law within his/her domicile to provide such confirmation (*)
Date
Member
Guarantor
EPC Expert
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
PRE-QUALIFICATION FORM “4”
LETTER OF GUARANTEE
[to be completed and signed by each Guarantor, on a separate form] The undersigned [name of the Guarantor] (the "Guarantor"), hereby confirms and warrants to the Tender Committee as follows:
The Guarantor [please check the applicable]:
Controls the [name of Member seeking to rely on the Guarantor] (the "Relying Member") by means of [please provide legal opinion confirming that the Guarantor Controls the Member];
is a Member of the Participant together with [name of Member seeking to rely on the Guarantor] (the "Relying Member").
The Guaranteed Portion: %.
The Relying Member has informed the Guarantor of the Invitation and its participation in the Pre-Qualification Process as a Member of the Participant.
The Guarantor hereby requests that its own financial information, which is included in the Pre-Qualification Submission submitted by the Participant, will be taken into account in determination of Relying Member's compliance with the Financial Pre-Qualification Requirements set forth in Sections 4.1 of the Invitation, instead of or together with such Member's financial information.
The Guarantor shall provide the Tender Committee with any information (including any financial information) which may be required by the Tender Committee at any stage of the Pre-Qualification Process in order to carry out its evaluation of the Pre-Qualification Submission.
In the event the Tender Committee determines that the Pre-Qualification Submission submitted by the Participant complied with the requirements of the Invitation, and the Participant will be announced Eligible Participant and invited to submit a Bid in accordance with the provisions of the Tender Documents, the Guarantor hereby undertakes to issue the Tender Committee, within the Bid to be submitted (if submitted) by the Participant, with the Member’s and Guarantor's undertaking that shall be detailed under the Tender Documents.
Unless otherwise defined herein, all the capitalized terms in this Pre-Qualification Form shall have the meaning ascribed thereto under the Invitation.
Faithfully yours,
Stamp and Signature
Date
Confirmation by
attorney
person who is legally qualified by law within his/her domicile to provide such confirmation (*)
Date
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
PRE-QUALIFICATION FORM “5”
PUBLIC ENTITIES TRANSACTIONS LAW AFFIDAVIT
(To be completed and signed, to the extant required under Law, by each Entity incorporated in the State of Israel, or registered in Israel as a Foreign Company as defined under the Companies Law 1999)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
Affidavit
Pursuant to Articles 2b1(a) and 2b(b) of Public Entities Transactions Law, 5736-1976 (hereinafter: "Public Entities Transactions Law"):
I the undersigned [Declarant's Full Name], bearer of [Country] passport/Israeli I.D. no. , having been forewarned that I am to declare the truth and that I will be subject to the penalties imposed by law if I do not do so, hereby affirm in writing as follows:
I am authorized to make this affidavit on behalf of (hereinafter: the [check the applicable] “Participant” / “Member” / “Guarantor”) by the authorization of the company;
The terms and phrases in this affidavit are in accordance with their meaning as ascribed in the Invitation, and the Public Entities Transactions Law (Enforcement of Bookkeeping, Payment of Tax Duties and Minimum Wages and Lawful Employment of Foreign Workers), 5736 – 1976 (“Public Transactions Law”).
I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
Neither the [check the applicable] Participant / Member / Guarantor nor its affiliates* have been convicted of more than two offences under the Minimum Wage Law, 5747-1987 or the Employment of Foreign Workers Law, 5751-1991; (*affiliate for the purpose of this Affidavit, shall have the meaning ascribed thereto in the Public Entities Transactions Law).
The [check the applicable] Participant / Member / Guarantor or its affiliates have been convicted of more than two offences, however at the Pre-Qualification Submission Date at least one year has elapsed since the last conviction date;
I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
21369015087222928239508722Alternative A – The provisions of Article 9 of the Equal Rights for People with Disabilities Law, 5758-1998 ("Equal Rights Law") do not apply to the [check the applicable] Participant / Member / Guarantor.
230454222021832254192202184001134220218Alternative B – The provisions of Article 9 of the Equal Rights Law apply to the [check the applicable] Participant / Member / Guarantor and it is in compliance with them, and the following applies [check the applicable]:
356679515803245759361580325441569158032The [check the applicable] Participant / Member / Guarantor does not employ over 100 employees;
346925915742744067721574275200777157427The [check the applicable] Participant / Member / Guarantor employs over 100 employees, and [check the applicable]:
declares that it will apply to the general manager of the Ministry of Labor, Social Affairs and Social Services for the evaluation of its compliance with its obligation under Article 9 of the Equal Rights Law, and should it be deemed necessary – be provided with guidance for their compliance; or declares that it had previously applied to the general manager of the Ministry of Labor, Social Affairs and Social Services for the scrutiny of its compliance with its obligation under Article 9 of the Equal Rights Law, and, if it was provided with guidance for compliance with them, it had acted accordingly.
21323293332322925191333232If this declaration is made pursuant to Alternative B above, the [check the applicable] Participant / Member / Guarantor hereby commits, within thirty (30) days of the Pre-Qualification Submission Date, to provide a copy of this declaration to the general manager of the Ministry of Labor, Social Affairs and Social Services.
This is my name, this is my signature and the content of the Affidavit above is true.
3184270178404
[Declarant's Signature]
I, the undersigned, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby confirm that on , Mr./Mrs. , I.D. No. appeared before me, and after being cautioned that he/she is required to state the truth, and that if he/she fails to do so he/she shall be liable to the punishments prescribed by law, signed this statement in my presence.
In addition, I, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby do attest and confirm that is authorized to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification Form, for all purposes and intents.
1217980224079
Attorney-at-Law / public notary
PRE-QUALIFICATION FORM “6”
EPC Expert Experience
(To be completed by the EPC Expert and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “6” (EPC Expert Experience) shall have the meaning ascribed thereto in the Tender Documents.
EPC Expert - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Entity demonstrating required experience (if not the EPC Expert) - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship between EPC Expert and Entity (check the applicable)
67055806842931286806841911730606464exercises Control over the EPC Expert; EPC Expert directly holds at least 20% of all the Means of Control in the Entity, providing that the EPC Expert was accountable jointly and severally for such Entity; the Entity is indirectly held by the EPC Expert and 100% of the Means of Control are Effectively held by the EPC Expert.
[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g. reports issued by the Registrar of Companies, organizational charts, etc.]
Required experience of the EPC Expert pursuant to Section 5.1.1 of the Invitation:
#
Item
Project1
.
“1”
“2”
1
Name of referenced project
2
Type of Infrastructure Project
3
Location of referenced project
4
Role of Entity
Main Contractor under an EPC Contract for the Design and Construction Main Contractor under an EPC Contract for the Design and Construction 5 Completion date
6
Months of operation following Completion
Months:
68580-43648at least twenty-four
(24) consecutive months following Completion
Months:
70104-43648at least twenty-four
(24) consecutive months following Completion
7
Contract Value in original currency
Original currency:
68580431230Contract Value:
Original currency:
67056431230Contract Value:
#
Item
Project1
.
8
Contact details of the project owner /operator (Email, telephone number)
* Calculated using the exchange rates under Section 4.2.6.1.4 of the Invitation or approved by the Tender Committee pursuant to Section 4.2.6.2 of the Invitation.
1The EPC Expert/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
900988287333900988579801
Faithfully yours,
Stamp and Signature
Date
Confirmation by Attorney(*)
Date
EPC Expert
Entity demonstrating experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
PRE-QUALIFICATION FORM “7”
[RESERVED]
Design Experience Provider
(To be completed by Design Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “7” (Design Experience Provider) shall have the meaning ascribed thereto in the Tender Documents.
Design Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Entity demonstrating required experience (if not the Design Experience Provider) - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship between Design Experience Provider and Entity (check the applicable)
6705580684376834480684exercises Control over the Design Experience Provider; Design Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Design Experience Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Design Experience Provider and 100% of the Means of Control are Effectively held by the Design Experience Provider.
923924-521041[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g. reports issued by the Registrar of Companies, organizational charts, etc.]
Required experience of the Design Experience Provider pursuant to Section 5.2 of the Invitation:
#
Item
Project1
.
“1”
“2”
1
Name of referenced project
2
Type of Project -Process Facilities/ Process Piping Systems
3
Location of referenced project
4
Role of Entity
5
Completion date
6
Months of operation following Completion
Months:
68580-43648at least twenty-four
(24) consecutive months following Completion
Months:
70104-43648at least twenty-four
(24) consecutive months following Completion
7
Contract Value in original currency
Original currency:
68580431230Contract Value:
Original currency:
67056431230Contract Value:
#
Item
Project1
.
8
Contact details of the project owner /operator (Email, telephone number)
1The Design Experience Provider/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
900988287288900988579757
Faithfully yours,
Stamp and Signature
Date
Confirmation by Attorney(*)
Date
Design Experience Provider
Entity demonstrating experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
PRE-QUALIFICATION FORM “8”
[RESERVED]
Construction Experience Provider
(To be completed by Construction Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “8” (Construction Experience Provider) shall have the meaning ascribed thereto in the Tender Documents.
Construction Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Entity demonstrating required experience (if not the Construction Experience Provider)
- General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship between Construction Experience Provider and Entity (check the applicable)
6678922559442385694781724exercises Control over the Construction Experience Provider; Construction Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Construction Experience Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Construction Experience Provider and 100% of the Means of Control are Effectively held by the Construction Experience Provider.
[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g. reports issued by the Registrar of Companies, organizational charts, etc.]
Required experience of the Construction Experience Provider pursuant to Section 5.3.2 of the Invitation:
#
Item
Project1
.
“1”
“2”
1
Name of referenced project
2
Type of Project -Process Facilities/ Process Piping Systems
3
Location of referenced project
4
Role of Entity
5
Completion date
6
Months of operation following Completion
Months:
68580-43648at least twenty-four
(24) consecutive months following Completion
Months:
70104-43648at least twenty-four
(24) consecutive months following Completion
7
Contract Value in original currency
Original currency:
68580431230Contract Value:
Original currency:
67056431230Contract Value:
#
Item
Project1
.
8
Contact details of the project owner /operator (Email, telephone number)
1The Construction Experience Provider/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
900988287288900988579757
Faithfully yours,
Stamp and Signature
Date
Confirmation by Attorney(*)
Date
Construction Experience Provider
Entity demonstrating experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
PRE-QUALIFICATION FORM “9”
CRIMINAL INFORMATION AFFIDAVIT
(To be completed on a separate form by each Participating Entity, (ii) Chairman of the Board of Directors of each Member, (iii) Chief Executive Officer of each Member, (iv) any Chief Officer of a Member which is significantly involved in the Pre-Qualification Process, in the Tender Process or in the Project; (including individuals)
and (v) the EPC ExpertO&M Contractor (if exists) and any member of the O&M Contractor) (Capitalized terms shall have the meaning ascribed to them in the Invitation)
To:
Gal Lando, Chairman of the Tender Committee Accountant General Division Ministry of Finance Jerusalem
Dear sir,
Re: Invitation for Pre-Qualification to a Tender for Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of An LPG Storage Facility At YAVOR (the "Invitation")
I, the undersigned, , ID no. / Passport no. after having been forewarned that I am to declare the truth and that I will be subject to the penalties prescribed by Law should I refrain from doing so, hereby declare in writing as follows:
In this affidavit:
"Criminal Information Law" shall mean the Criminal Information and Rehabilitation Law, 5779-2019.
"Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information)" shall mean the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information - Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Offence" shall mean: (i) the criminal offences included in Sections 6-10 of Annex [4 התוספת הרביעית] to the Criminal Information Law, 5779-2019 (the "Criminal Information Law"), (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977; (iii) similar offences under foreign laws; whether committed in Israel or abroad.
I serve as of .
I hereby give this affidavit [check the applicable] -
on behalf of myself and with respect to myself;
on behalf of , in its capacity as: Member Guarantor EPC ExpertExperience Provider EPC Contractor1 O&M Contractor2 ("Referenced Entity").
This affidavit is given as part of the Pre-Qualification Process in reference and as part the Pre-Qualification Submission of [the Participant], and subject to the provisions of the Criminal Information Law and its Regulations.
Following an inquiry and examination that I have conducted with respect to □ myself □ the Referenced Entity [check the applicable] ("Applicable Entity"), I hereby declare that:
(i) The Applicable Entity was not convicted of an Offence, and (ii) there is no criminal information relating to an Offence regarding the Applicable Entity, in the criminal record [הפלילי המרשם], as such term is defined in Sections 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקה pursuant to such law – has not yet expired.
(i) The Applicable Entity was convicted of an Offence, and (ii) there is criminal information relating to an Offence regarding the Applicable Entity, in the criminal record ]הפלילי המרשם], as such term is defined in Sections 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקה pursuant to such law – has not yet expired; but such information should not preclude the Participant from participating in the Pre-Qualification Process, or the Tender Process or from executing the Project, for the following reasons [Please provide full details of the Offence and conviction and the reasons for not disqualifying the Participant]:
1441958179337
1441958178574
(i) To the best of my knowledge, no investigation is being conducted, nor indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is no criminal information relating to an Offence, regarding the Applicable Entity, in the police record [המשטרתי המרשם], as such term is defined in Sections 1 and 30 of the Criminal Information Law [המשטרתי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information) (or any equivalent foreign law) – has not yet expired.
(i) An investigation is being conducted, or indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is a criminal information relating to an Offence, regarding the Applicable Entity, in the police record המרשם] [המשטרתי, as such term is defined in Sections 1 and 30 of the Criminal Information Law 900988142647
1. Only in the event the EPC Contractor exists at the Pre-Qualification Submission Date.
2. Only in the event the O&M Contractor exists at the Pre-Qualification Submission Date.
[המשטרתי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information – Limiting Information on Pending Cases where no Indictment has been filed) (or any equivalent foreign law) – has not yet expired; but such information should not preclude the Participant from participating in the Pre-Qualification Process or the Tender Process or from executing the Project, for the following reasons [Please provide full details of the Offence and investigation / indictment and the reasons for not disqualifying the Participant]:
1441958179099
1153972192900
The Israeli Police is entitled to disclose to the Tender Committee information relating to the Applicable Entity, from the criminal record [הפלילי המרשם] and from the police record המרשם] [המשטרתי, in accordance with the Criminal Information Law and its Regulations, for the purpose of the Pre-Qualification Process or the Tender Process, pursuant to Sections 14 and 30 of the Criminal Information Law.
The above consent shall also apply to the disclosure of criminal information to the Tender Committee from time to time, for the purpose of periodic review of any changes to the criminal information relating to the Applicable Entity.
I acknowledge that pursuant to the Criminal Information Law, every person has the right to review information about themselves in the criminal record and the police criminal record.
I acknowledge that if there is any such record relating to the Applicable Entity, it shall not necessarily preclude participation in the Pre-Qualification Process or the Tender Process, and that I am entitled to provide information relating to rehabilitation or personal matters, in order for such information to be taken into account in the examination of the Pre-Qualification Submission (and the Bid), in accordance with the criteria set by Law.
I acknowledge and agree that in the event the Tender Committee or the State, as the case may be, disqualify the Participant or Bidder, as the case may be, or impose conditions on the Participant or the Bidder, as the case may be, or following the execution of the Agreement terminate the Agreement, based on criminal information pertaining to the Applicable Entity, the Participant, Bidder or Concessionaire/Project Company, as applicable, will be notified that such decision was due to pertaining to the Applicable Entity, without detailing the content of such information.
I hereby waive the right to receive notice about the disclosure of criminal information pertaining to the Applicable Entity to the Tender Committee, subject to the Criminal Information Law and its Regulations.
This is my name, this is my signature and all of the above is the truth.
Date Name, Signature and Stamp
[in case the affidavit is given on behalf of a Referenced Entity – fill-in the below confirmation:]
I, , attorney-at-law, hereby do attest and confirm that is authorized to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification, for all purposes and intents.
900988211880
Attorney-at-Law
PRE-QUALIFICATION FORM “10”
FINANCIAL PRE-QUALIFICATION REQUIRERMENTS COMPLIANCE
(To be completed by the CEO or CFO of each Member or Guarantor, or by an equivalent position holder thereof) (Capitalized terms shall have the meaning ascribed to them in the Invitation)
I, , the undersigned, am making this affidavit on behalf of (name of Participating Entity) ("the Participating Entity"):
I hold the position of a CEO / CFO / Equivalent position: (circle the relevant option) and I am authorized to make this affidavit in the Participating Entity's name and on its behalf.
Attached as Annex A is the Participating Entity's relevant Financial Statement(s). The Financial Statement(s) attached comply with all the provisions set forth in Section 4.2 (Content and Submission Form) of the Invitation.
The Participating Entity's most recent and updated Financial Statement(s) are for the fiscal year(s) [the year(s) of most recent financial statements to be completed; For the removal of doubt, the year of most recent financial statement shall not be earlier than 2024; In the event the Participating Entity submitted Financial Statements for more than one year it shall state all the years]
In accordance with the financial information included in the Financial Statement(s), the Participating Entity complies with the relevant Financial Pre-Qualification Requirements, as follows (check applicable):
For a Participating Entity which is not a Financial Entity according to:
Alternative A
Alternative B
For a Participating Entity which is a Financial Entity according to:
Section 4.1.5 of the Invitation (applicable for Private Investment Fund)
Section 4.1.6 of the Invitation (applicable for Institutional Investor or Banking Corporation)
Section 4.1.7 of the Invitation (applicable for Investment Entity)
Stamp and Signature
Date
Confirmation by
attorney
person who is legally qualified by law within his/her domicile to provide such confirmation (*)
Date
Member
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
PRE-QUALIFICATION FORM “10” - ANNEX A FINANCIAL STATEMENTS Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative A, shall attach hereto its three (3) latest audited Financial Statements.
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative B, or is a Financial Entity shall attach hereto its most recent audited Financial Statements.
תוכן המסמך: מסמכי הליך
Publication Version
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG STORAGE
FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION NO.
1/2025
ANNEX C
PRE-QUALIFICATION FORMS
2025
Page 2 of 36
Publication Version
TABLE OF CONTENTS
Pre-Qualification Form “1” - The Pre-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved] 1Design Experience Provider Pre-Qualification Form “8” [Reserved]2Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre-Qualification Requirements Compliance
1. Addendum No.3
2. Addendum No.3
Page 3 of 36
Publication Version
PRE-QUALIFICATION FORM “1”
THE PRE-QUALIFICATION SUBMISSION LETTER
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
To:
Chairman of the Tender Committee
Dear Sir,
Re: Invitation for Pre-Qualification to a Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of a Solar PV Power Plant (the "Invitation")
In response to the Invitation issued on [·], 2 025, extending an invitation to submit a Pre-
Qualification Submission which we have read and understood, we , the undersigned, submit this Pre-Qualification Submission.
1. We, the undersigned, (the " Participant") [name of Participant to be completed if incorporated], and all the Members thereof, ; ;
; [names of Members to be completed] have thoroughly and carefully read the Invitation, and are pleased to submit our Pre-Qualification Submission.
2. We agree to all of the provisions in the Invitation and all obligat ions included therein, and in particular the rights reserved to the Tender Co mmittee, and we submit our Pre-Qualification Submission in accordance with the terms and provisions contained therein.
3. We warrant that the Pre-Qualification Submissi on is accurate, complete and up-to-date at the time of the Pre-Qualification Submission Date, in accordance with the requirements of the Invitation.
4. We acknowledge and accept the provisions of Section 9.3 ( Reservation of Rights ) and 9.4 (Prerogatives of the Tender Committee ) of the Invitation, and without derogating from the generality of the foregoing, understand that the submission of our Pre-Qualification Submission shall not be deemed in any way to create an ob ligation on the part of the Tender Committee to announce our compliance with the Pre-Qualification Requi rements; that the Tender Committee has the right to reject, as it deems appropriate, the Pre-Qualification Submission submitted by the Participant; and that the Tender Committee has the right, as it deems appropriate, to annul the Pre-Qualification Process and to reject all Pre-Qualification Submissions at any time, all, in accordance with the provisions of the Invitation.
5. Incorporated hereto, and made an integral part of the Pre-Qualification Submission, are all Pre-
Qualification Forms, attachments and annexes thereto, and other annexes attached to the Pre-
Qualification Submission as described herein:
Page 4 of 36
Publication Version
Pre-Qualification Form “1” The Pre-Qualification Submission Letter Pre-Qualification Form “2” The Participant Pre-Qualification Form “3” The Members of the Participants and Guarantors Pre-Qualification Form “4” The Letter of Guarantee Pre-Qualification Form “5” Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved]3Design Experience Provider Pre-Qualification Form “8” [Reserved]4Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” Financial Pre-Qualification Requirements Compliance
6. Attached herein is a copy original [check applicable] of the receipt payment of the Participation Fee.
7. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the Pre-Qualification Documents, issued until the Pre-Qu alification Submission Date:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
...
[to be completed]
8. Detailed herein is information which the Participant considers to be of a commercially sensitive or secret nature concerning th e Pre-Qualification Submission [to be completed in accordance with the provisions of Section 6.4 (Identification of Sensitive or Classified Information) of the Invitation]:
3. Addendum No.3
4. Addendum No.3
Page 5 of 36
Publication Version
9. Capitalized terms in the Pre-Qualification Forms shall have the meaning ascribed thereto under the Invitation.
10. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
11. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
Page 6 of 36
Publication Version
PRE-QUALIFICATION FORM “2”
THE PARTICIPANT
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
1. Participant - General Information
Participant Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Authorized Representative
Name:
Phone:
E-mail:
3. Anticipated Holdings in the Participant
Member’s Name Anticipated Holdings
%
%
%
The Participant hereby confirms that it complies with Section 3.1.1 of the Invitation.
Page 7 of 36
Publication Version
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
Page 8 of 36
Publication Version
Publication Version
PRE-QUALIFICATION FORM “3”
THE PARTICIPATING ENTITIES
[To be completed and signed by each Participating Entity, on a separate form]
1. Participating Entity - General Information
Position: Member
Guarantor
EPC Expert
Design Experience Provider5
Construction Experience Provider6
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Legal Status
* Attached are authenticated copies of the Participating Entity’s certificate of incorporation.
Except for official and authenticated certificat es of Israeli corporatio ns submitted in Hebrew, certificates of incorporation provided by an En tity in any language other than English should be accompanied by a translation to English pursuant to Section 7.3 of the Invitation.
3. Registration Data
Registration Number:
Place of Registration:
Date of Registration:
5. Addendum No.3
6. Addendum No.3
Limited Liability Company
Registered Limited Partnership
Registered General Partnership
Other: [please provide further details]
Page 9 of 36
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4. Interested Parties in the Participating Entity
* Attached is an updated full chart describing the corporate holding structure, which lists all the entities controlling the Participating Entity, up to the ultimate controlling party.
5. Warranties and Representations:
5.1. The Participating Entity hereby warrants an d represents that it complies with and satisfies all of the requirements stipulated in Sections 3.5.1 to 3.5.5 of the Invitation.
5.2. The execution and delivery by the Participating Entity of the Pre-Qualification Forms submitted by it in connection with the Pre-Qualification Submission are within its corporate powers, have been duly authorized by all necessary corporate and other actions and do not contravene: (i) the orga nizational documents of the Participating Entity; (ii) any law, rule or regulation applicable to the Participating Entity; (iii) to the best of the undersigned’s knowledge, any judgment, writ, injunction, decree or ruling of any court or other governmental body applicable to the Participating Entity; or (iv) any agreement, contract or other instrument known to the undersigned to which the Participating Entity is a party or to which it is subject.
5.3. The Participating Entity has not, directly or indirectly, induced or solicited any other Participant, Member or Guarantor to put in a false or sham Pre-Qualification Submission, and has not by itself, or directly or indirectly, colluded, arranged or agreed with any other Participant, Member or Guar antor to secure any advantage against any other Participant, or to secure any advant age against the Tender Committee or anyone interested in the Project.
5.4. The Participating Entity participates in the Pre-Qualification Process only within this Pre-Qualification Submission.
5.5. Any Entity which exercises Control over the Participating Entity, any Entity under the common Control thereof, and any Entity Controlled thereby, does not participate in the Pre-Qualification Process except within this Pre-Qualification Submission.
5.6. The Participating Entity [check if applicable] does not employ or engage, directly or indirectly, any of the advisors to the Tender Committee detailed in Annex B of the Invitation, for the purposes of the Pre-Qual ification Process or the Tender; and/or [check if applicable] employs or engages or has empl oyed or engaged, directly or indirectly, [name of advisor] which appears as an advisor to the Page 10 of 36
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Tender Committee detailed in Annex B of the Invitation and ha s an engagement with respect to the following: . For the avoidance of doubt, the above disclosure is required only with respect to engagements that were in effect on or after June 30, 2025, and there is no requirement to disclose any engagement that ended before June 30, 2025.7
5.7. To the best of the Participating Entity’s knowledge, and with respect to those parts of the Pre-Qualification Submission concerned with the Participating Entity:
5.7.1. The Pre-Qualification Submission submitted by the Participant is not made in the interest of, or on behalf of, any undi sclosed person, corporation, company, voluntary association, partnership, trust, or unincorporated association;
5.7.2. The Pre-Qualification Submission is genuine and not collusive or sham; and
5.7.3. All the information contained in the Pre-Qualification Submission is true, accurate, complete and current as of the Pre-Qualification Submission Date.
5.8. The Participating Entity has read the Invitation and is familiar with the provisions thereof, and in particular the provisions of Section 9.3 ( Reservation of Rights) and 9.4 (Prerogatives of the Tender Committee) of the Invitation.
5.9. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
5.10. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
EPC Expert
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this
7. Addendum No. 3
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Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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Publication Version
PRE-QUALIFICATION FORM “4”
LETTER OF GUARANTEE
[to be completed and signed by each Guarantor, on a separate form] The undersigned [name of the Guarantor] (the "Guarantor"), hereby confirms and warrants to the Tender Committee as follows:
1. The Guarantor [please check the applicable]:
Controls the [ name of Member seeking to rely on the Guarantor] (the "Relying Member") by means of [please provide legal opinion confirming that the Guarantor Controls the Member];
is a Member of the Participant together with [ name of Member seeking to rely on the Guarantor] (the "Relying Member").
2. The Guaranteed Portion: %.
3. The Relying Member has informed the Guarantor of the Invitation and its participation in the Pre-Qualification Process as a Member of the Participant.
4. The Guarantor hereby requests that its own financial information, which is included in the Pre-Qualification Submission subm itted by the Participant, will be taken into account in determination of Relying Member's compli ance with the Financial Pre-Qualification Requirements set forth in Sections 4.1 of the In vitation, instead of or together with such Member's financial information.
5. The Guarantor shall provide the Tender Comm ittee with any information (including any financial information) which may be required by the Tender Committee at any stage of the Pre-Qualification Process in order to carry out its evaluation of the Pre-Qualification Submission.
6. In the event the Tender Committee determines that the Pre-Qualification Submission submitted by the Participant complied with the requirements of the Invitation, and the Participant will be announced Eligible Participant and invited to submit a Bid in accordance with the provisions of the Tender Documents, the Guarantor hereby undertakes to issue the Tender Committee, within the Bid to be submitted (if submitted) by the Participant, with the Member’s and Guarantor's undertaking th at shall be detailed under the Tender Documents.
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Unless otherwise defined herein, all the capitalized terms in this Pre-Qualification Form shall have the meaning ascribed thereto under the Invitation.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “5”
PUBLIC ENTITIES TRANSACTIONS LAW AFFIDAVIT
(To be completed and signed, to the extant required under Law, by each Entity incorporated in the State of Israel, or registered in Israel as a Foreign Company as defined under the Companies Law 1999)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
Affidavit
Pursuant to Articles 2b1(a) and 2b(b) of Public Entities Transactions Law, 5736-1976 (hereinafter: "Public Entities Transactions Law"):
I the undersigned [ Declarant's Full Name] , bearer of [ Country] passport/Israeli I.D. no. , having been fo rewarned that I am to declare the truth and that I will be subject to the penalties imposed by law if I do not do so, hereby affirm in writing as follows:
1. I am authorized to make this affidavit on behalf of (hereinafter: the [check the applicable ] “ Participant” / “ Member” / “ Guarantor”) by the authorization of the company;
2. The terms and phrases in this affidavit are in accordance with their meaning as ascribed in the Invitation, and the Public Entities Tran sactions Law (Enforce ment of Bookkeeping, Payment of Tax Duties and Minimum Wage s and Lawful Employment of Foreign Workers), 5736 – 1976 (“Public Transactions Law”).
3. I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Neither the [ check the applicable ] Participant / Member / Guarantor nor its affiliates* have been convicted of more than two offences under the Minimum Wage Law, 5747-1987 or the Employment of Foreign Workers Law, 5751-1991; (*affiliate for the purpose of this Affidavit, shall have the meaning ascribed thereto in the Public Entities Transactions Law).
□ The [check the applicable] Participant / Member / Guarantor or its affiliates have been convicted of more than two offences, however at the Pre-Qualification Submission Date at least one year has elapsed since the last conviction date;
4. I hereby declare that the [ check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Alternative A – The provisions of Article 9 of the Equal Rights for People with Disabilities Law, 5758-1998 (" Equal Rights Law ") do not apply to the [ check the applicable ] Participant / Member / Guarantor.
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□ Alternative B – The provisions of Article 9 of the Equal Rights Law apply to the [ check the applicable] Participant / Member / Guarantor and it is in compliance with them, and the following applies [check the applicable]:
□ The [ check the applicable ] Participant / Member / Guarantor does not employ over 100 employees;
□ The [check the applicable] Participant / Member / Guarantor employs over
100. employees, and [check the applicable]:
□ declares that it will apply to the general manager of the Ministry of Labor, Social Affairs and Social Services for the evaluation of its compliance with its obligation under Article 9 of the Equal Rights Law, and should it be deemed necessary – be provided with guidance for their compliance; or □ declares that it had previously applied to the general manager of the Ministry of Labor, Social Affairs and Social Services for the scrutiny of its compliance with its obligation under Article 9 of the Equal Rights Law, and, if it was provided with guidance for compliance with them, it had acted accordingly.
If this declaration is made pursuant to Alternative B above, the [check the applicable] Participant / Member / Guaran tor hereby commits, within thirty (30) days of the Pre-
Qualification Submission Date, to provide a copy of this declaration to the general manager of the Ministry of Labor, Social Affairs and Social Services.
5. This is my name, this is my signature and the content of the Affidavit above is true.
[Declarant's Signature]
I, the undersigned, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby confirm that on , Mr./Mrs. , I.D. No. appeared before me, and after being cautioned that he/she is required to state the truth, and that if he/she fails to do so he/she shall be liable to the punishments prescribed by law, signed this statement in my presence.
In addition, I, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby do attest and confirm that is authori zed to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification Form, for all purposes and intents.
Attorney-at-Law / public notary
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PRE-QUALIFICATION FORM “6”
EPC Expert Experience
(To be completed by the EPC Expert and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “6” (EPC Expert Experience) shall have the meaning ascribed thereto in the Tender Documents.
1. EPC Expert - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the EPC Expert) - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship
between EPC
Expert and Entity
(check the
applicable)
exercises Control over the EPC Expert; EPC Expert directly holds at least 20% of all the Means of Control in the Entity, providing that the EPC Expert was accountable jointly and severally for such Entity;
the Entity is indirectly held by the
EPC Expert and 100% of the Means of Control are Effectively held by the EPC Expert.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.] Page 17 of 36
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3. Required experience of the EPC Expert pursuant to Section 5.1.1 of the Invitation:
# Item Project 1
.
“1” “2”
1. Name of referenced
project
2. Type of Infrastructure
Project
3. Location of referenced
project
4. Role of Entity Main Contractor
under an EPC Contract
for the Design and
Construction
Main Contractor
under an EPC Contract
for the Design and
Construction
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
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# Item Project 1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
* Calculated using the exchange rates under Section 4.2.6.1.4 of the Invitation or approved by the Tender Committee pursuant to Section 4.2.6.2 of the Invitation.
1The EPC Expert/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
EPC Expert
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “7”
[RESERVED]8
Design Experience Provider
(To be completed by Design Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “7” (Design Experience Provider) shall have the meaning ascribed thereto in the Tender Documents.
1. Design Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Design Experience Provider) -
General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
8. Addendum No.3
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Relationship
between Design
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Design Experience Provider;
Design Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Design Experience Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Design Experience Provider and 100% of the Means of Control are Effectively held by the Design Experience Provider.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.]
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3. Required experience of the Design Experience Provider pursuant to Section 5.2 of the Invitation:
# Item Project1
.
“1” “2”
1. Name of referenced
project
2. Type of Project -Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
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# Item Project1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Design Experience Provider/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requir ements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Design
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “8”
[RESERVED]9
Construction Experience Provider
(To be completed by Construction Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “8” (Construction Experience Provider)
shall have the meaning ascribed thereto in the Tender Documents.
1. Construction Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Construction Experience Provider)
- General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
9. Addendum No.3
Page 26 of 36
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Relationship
between
Construction
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Construction Experience Provider; Construction Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Construction Experi ence Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Construction Experience Provider and 100% of the Means of Control are Effectively held by the Construction Experience Provider.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.]
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3. Required experience of the Construction Experience Provider pursuant to Section 5.3.2 of the Invitation:
# Item Project1
.
“1” “2”
1. Name of referenced
project
2. Type of Project -Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
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# Item Project1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Construction Experience Provi der/Entity may (and is encouraged to) submit more than (1)
one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Construction
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “9”
CRIMINAL INFORMATION AFFIDAVIT
(To be completed on a separate form by each Participating Entity, (ii) Chairman of the Board of Directors of each Member, (iii) Chief Executive Officer of each Member, (iv) any Chief Officer of a Member which is significantly involved in the Pre-Qualification Process, in the Tender Process or in the Project; (including individuals)
and (v) the EPC Expert10O&M Contractor (if exists) and any member of the O&M Contractor) (Capitalized terms shall have the meaning ascribed to them in the Invitation)
To:
Gal Lando, Chairman of the Tender Committee
Accountant General Division
Ministry of Finance
Jerusalem
Dear sir,
Re: Invitation for Pre-Qualification to a Tender for Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of An LPG Storage Facility At YAVOR (the "Invitation")
I, the undersigned, , ID no. / Passport no. after having been forewarned that I am to declare the truth and that I will be subject to the penalties prescribed by Law should I refrain from doing so, hereby declare in writing as follows:
1. In this affidavit:
"Criminal Information Law" shall mean the Criminal Info rmation and Rehabilitation Law, 5779-2019.
"Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information)" shall mean the Criminal Informa tion and Rehabilitat ion Regulations (Restriction on the Disclosure of Information - Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Offence" shall mean: (i) the criminal offences included in Sections 6-10 of Annex 4 התוספת[ ]הרביעיתto the Criminal Information Law, 5779-2019 (the "Criminal Information Law"), (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977; (iii) similar offences under foreign laws; whether committed in Israel or abroad.
2. I serve as of .
3. I hereby give this affidavit [check the applicable] -
on behalf of myself and with respect to myself;
10. Addendum No.3
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on behalf of , in its capacity as: Member Guarantor EPC Expert11Experience Provider EPC Contractor 1 O&M Contractor2 ("Referenced Entity").
4. This affidavit is given as part of the Pre-Qualification Process in reference and as part the Pre-
Qualification Submission of [the Participant] , and subject to the provisions of the Criminal Information Law and its Regulations.
5. Following an inquiry and examination th at I have conducted with respect to □ myself □ the Referenced Entity [check the applicable] ("Applicable Entity"), I hereby declare that:
□ (i) The Applicable Entity was not convicted of an Offence, and (ii) there is no criminal information relating to an Offence regarding the Applicable Entity, in the criminal record [הפלילי המרשם], as such term is defined in Sectio ns 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign regi stration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקהpursuant to such law – has not yet expired.
□ (i) The Applicable Entity was convicted of an Offence, and (ii) there is criminal information relating to an Offence regarding the Applicable Entity, in the criminal record ]הפלילי המרשם], as such term is defined in Sectio ns 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign regi stration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקהpursuant to such law – has not yet ex pired; but such information should not preclude the Participant from participating in the Pre-Qualification Process, or the Tender Process or from executing the Pr oject, for the following reasons [ Please provide full details of the Offence and conviction and the reasons for not disqualifying the Participant]:
□ (i) To the best of my knowledge, no investigation is being conducted, nor indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is no criminal information relating to an Offence, regarding the Applicable Entity, in the police record [המשטרתי המרשם], as such term is defined in Sections 1 and 30 of the Criminal Information Law [המשטרתי מהמרשם מידע] (or any equivalent fore ign registration); with respect to which the relevant period pur suant to the Criminal Information and Rehabilitation Regulations (R estriction on the Disclosure of Information) (or any equivalent foreign law) – has not yet expired.
□ (i) An investigation is being conducted, or indictment has been served, against the Applicable Entity with respect to an Offen ce, and (ii) there is a criminal information relating to an Offence, regarding the A pplicable Entity, in the police record המרשם] [המשטרתיas such term is defined in Sections 1 and 30 of the Criminal Information Law
1. Only in the event the EPC Contractor exists at the Pre-Qualification Submission Date.
11. Addendum No.3
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2. Only in the event the O&M Contractor exists at the Pre-Qualification Submission Date.
[המשטרתי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Information and Rehabi litation Regulations (Restriction on the Disclosure of Informati on – Limiting Informati on on Pending Cases where no Indictment has been filed) (or any equivalent foreign law) – has not yet expired;
but such information should not preclude the Participant from participating in the Pre-
Qualification Process or th e Tender Process or from executing the Project, for the following reasons [Please provide full details of the Offence and investigation / indictment and the reasons for not disqualifying the Participant]:
6. The Israeli Police is entitled to disclose to the Tender Committee information relating to the Applicable Entity, from the criminal record [הפלילי המרשם] and from the police record המרשם] [המשטרתיin accordance with the Criminal Info rmation Law and its Regulations, for the purpose of the Pre-Qualification Process or th e Tender Process, pursuant to Sections 14 and
30. of the Criminal Information Law.
7. The above consent shall also apply to the disc losure of criminal information to the Tender Committee from time to time, for the purpose of periodic review of any changes to the criminal information relating to the Applicable Entity.
8. I acknowledge that pursuant to the Criminal Info rmation Law, every person has the right to review information about themselves in the cr iminal record and the police criminal record.
9. I acknowledge that if there is any such record relating to the Applicable Entity, it shall not necessarily preclude participation in the Pre-Qualification Process or the Tender Process, and that I am entitled to provide information relating to rehabilitation or personal matters, in order for such information to be taken into account in the examination of the Pre-Qualification Submission (and the Bid), in accordance with the criteria set by Law.
10. I acknowledge and agree that in the event the Tender Committee or the State, as the case may be, disqualify the Participant or Bidder, as the case may be, or impose conditions on the Participant or the Bidder, as the case may be , or following the execution of the Agreement terminate the Agreement, based on criminal info rmation pertaining to th e Applicable Entity, the Participant, Bidder or Concessionaire/Project Company, as applicable, will be notified that such decision was due to pertaining to the App licable Entity, without detailing the content of such information.
11. I hereby waive the right to receive notice about the disclosure of criminal information pertaining to the Applicable Entity to th e Tender Committee, subject to the Criminal Information Law and its Regulations.
This is my name, this is my signature and all of the above is the truth.
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Date Name, Signature and Stamp
[in case the affidavit is given on behalf of a Referenced Entity – fill-in the below confirmation:]
I, , attorney-at-law, hereby do attest and confirm that is authorized to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification, for all purposes and intents.
Attorney-at-Law
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PRE-QUALIFICATION FORM “10”
FINANCIAL PRE-QUALIFICATION REQUIRERMENTS COMPLIANCE
(To be completed by the CEO or CFO of each Member or Guarantor, or by an equivalent position holder thereof)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
I, , the undersigned, am making this affidavit on behalf of ( name of Participating Entity) ("the Participating Entity"):
1. I hold the position of a CEO / CFO / Equivalent position: (circle the relevant option) and I am authorized to make this affidavit in the Participating Entity's name and on its behalf.
2. Attached as Annex A is the Participating Entity's relevant Financial Statement(s). The Financial Statement(s) attached comply with all the provisions set forth in Section 4.2 (Content and Submission Form) of the Invitation.
3. The Participating Entity's most recent and upda ted Financial Statement(s) are for the fiscal year(s) [the year(s) of most recent financial statements to be completed; For the removal of doubt, the year of most recent financial statement shall not be earlier than 2024; In the event the Participating Entity submitted Financial Statements for more than one year it shall state all the years]
4. In accordance with the financia l information included in th e Financial Statement(s), the Participating Entity complies with the relevant Financial Pre-Qualification Requirements, as follows (check applicable):
For a Participating Entity
which is not a Financial
Entity according to:
Alternative A
Alternative B
For a Participating Entity which
is a Financial Entity according to:
Section 4.1.5 of the Invitation
(applicable for Private Investment
Fund)
Page 35 of 36
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Section 4.1.6 of the Invitation
(applicable for Institutional Investor
or Banking Corporation)
Section 4.1.7 of the Invitation
(applicable for Investment Entity)
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “10” - ANNEX A
FINANCIAL STATEMENTS
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative A, shall attach hereto its three (3) latest audited Financial Statements.
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative B, or is a Financial Entity shall attach he reto its most recent audited Financial Statements.
תוכן המסמך: חוברת המכרז
מוצגים 50,000 התווים הראשונים מתוך 148,368 - המסמך המלא זמין בקישור שבהמשך.
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B.O.T. PROJECT
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG
STORAGE FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION
2025
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TABLE OF CONTENTS
1. INVITATION FOR PRE-QUALIFICATION _________________________________ 6
1.1. Definitions ___________________________________________________________ 6
1.2. Introduction and General Description of the Project ________________________ 14
1.3. The Pre-Qualification Process __________________________________________ 15
1.4. The Tender Process and Expected Requirements ___________________________ 15
1.5. Invitation for Pre-Qualification _________________________________________ 16
1.6. Anticipated Schedule _________________________________________________ 17
2. RULES AND PROCEDURES ____________________________________________ 17
2.1. Governing Law and Jurisdiction ________________________________________ 17
2.2. Preparation for Submission ____________________________________________ 17
2.3. The Invitation _______________________________________________________ 18
2.4. Priority of Documents _________________________________________________ 18
2.5. Severability _________________________________________________________ 18
2.6. Access to Documents and Registration ___________________________________ 18
2.7. Cost of Participation in the Pre-Qualification Process _______________________ 20
2.8. Language __________________________________________________________ 20
2.9. Requests for Clarifications _____________________________________________ 20
2.10. Addenda _________________________________________________________ 21
2.11. Site Visit and Conference ____________________________________________ 22
2.12. Intellectual Property Rights __________________________________________ 23
2.13. Information Supplied to the Participants _______________________________ 23
2.14. Advisors to the Tender Committee _____________________________________ 24
3. GENERAL PROVISIONS RELATING TO PARTICIPANTS __________________ 25
3.1. The Participant ______________________________________________________ 25
3.2. Members of the Participant ____________________________________________ 26 3
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3.4. Experience Providers _________________________________________________ 27
3.5. Participation – General Requirements ____________________________________ 28
3.6. Criminal Information _________________________________________________ 29
3.7. Authorized Representative _____________________________________________ 29
3.8. Participation in a Pre-Qualification Submission ___________________________ 30
3.9. Government Companies _______________________________________________ 30
3.10. Promotion of Competition and Reduction of Concentration Law, 2013 _______ 30
3.11. Security and Foreign Affair Considerations _____________________________ 31
3.12. Participating in Multiple Capacities ___________________________________ 31
4. PRE-QUALIFICATION REQUIREMENTS ________________________________ 33
4.1. The Financial Pre-Qualification Requirements ____________________________ 33
4.2. Content and Submission Form _________________________________________ 37
5. TECHNICAL PRE-QUALIFICATION REQUIREMENTS ____________________ 40
5.1. EPC Expert _________________________________________________________ 40
5.2. Design Experience Provider ____________________________________________ 41
5.3. Construction Experience Provider _______________________________________ 42
6. PRE-QUALIFICATION SUBMISSION ____________________________________ 43
6.1. Pre-Qualification Submission Letter _____________________________________ 43
6.2. Description of the Participant, Members, and Guarantors ____________________ 43
6.3. Receipt for Payment of Participation Fee _________________________________ 44
6.4. Identification of Sensitive or Classified Information ________________________ 44
7. METHOD OF SUBMISSION ____________________________________________ 44
7.1. Compliance with the Requirements of the Pre-Qualification Documents ________ 44
7.2. No Unauthorized Modification _________________________________________ 45
7.3. Language of the Pre-Qualification Submission ____________________________ 45
7.4. Signing of the Pre-Qualification Submission ______________________________ 45 4
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7.5. Table of Contents ____________________________________________________ 45
7.6. Authorization of Signatures by an Attorney _______________________________ 46
7.7. Number of Pre-Qualification Submission Copies ___________________________ 46
7.8. Sealing and Marking of Pre-Qualification Submissions _____________________ 47
7.9. Pre-Qualification Submission Date ______________________________________ 47
7.10. Opening of Pre-Qualification Submissions ______________________________ 47
8. REVIEW AND EVALUATION OF PRE-QUALIFICATION SUBMISSIONS _____ 47
8.1. Review and Evaluation by the Tender Committee ___________________________ 47
8.2. Requests for Clarifications _____________________________________________ 48
8.3. Announcement of Eligible Participants ___________________________________ 49
8.4. Rejection of the Pre-Qualification Submissions ____________________________ 50
8.5. Intended Decision _______________________________________________________ 53
8.6. Disclosure of Documents _________________________________________________ 53
9. THE TENDER PROCESS _______________________________________________ 54
9.1. Issuance of the Tender Process Documents; Update Statement ________________ 54
9.2. Formation of a Special Purpose Vehicle __________________________________ 55
9.3. Reservation of Rights _________________________________________________ 56
9.4. Prerogatives of the Tender Committee ____________________________________ 57
9.5. Changes to a Participant/Eligible Participant, Member, Guarantor or Experience Provider __________________________________________________________________ 58 List of Appendices
Annex A - General Description of the Project
Annex B - Advisers to the Tender Committee
Annex C - Pre-Qualification Forms
Annex D - Form of Participants' Requests for Clarification of the Tender Documents 5
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List of Pre-Qualification Forms (Annex C)
Pre-Qualification Form “1” - The Pr e-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” - EPC Expert Experience Pre-Qualification Form “7” - Design Experience Provider[Reserved]1 Pre-Qualification Form “8” - Construction Experience Provider[Reserved]2 Pre-Qualification Form “9” - Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre-Qualification Requirements Compliance
1. Addendum No.3
2. Addendum No.3
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1. INVITATION FOR PRE-QUALIFICATION
1.1. Definitions
1.1.1.
1.1.2.
1.1.3.
1.1.4.
1.1.5.
1.1.6.
1.1.7.
1.1.8.
1.1.9.
1.1.10.
1.1.11.
1.1.12.
1.1.13.
“Addendum” or
“Addenda”
Shall have the meaning ascribed thereto in Section 2.10.1 of this Invitation.
“Advisors” Shall have the meaning ascribed thereto in Section 2.14.2 of this Invitation.
“Agreement” Shall mean the agreement which will be signed between the Tender Committee and the Successful Bidder for the execution of the Project.
“Anticipated
Holdings”
Shall mean the intended share of holdings of each Member in the Participant, to the extent applicable, as described in Pre-Qualification Form ”2” (THE PARTICIPANT).
“Authorized
Representative”
Shall have the meaning ascribed thereto in Section 3.7.1 of this Invitation.
“Average
Operating Cash
Flow”
Shall have the meaning ascribed thereto in Section 4.1.1 (Financial Pre-Qualification Requirements; Operating Cash Flow) of this Invitation.
“Banking
Corporation”
Shall mean (i) each of the Entities listed in Section 4 of Schedule 1 of the Securities Law 1968; and\or (ii) with respect to an Entity registered outside the State of Israel – a similar Entity pursuant to applicable law under the applicable jurisdiction.
“Baza” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
“Bazan” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
“Bid” Shall mean the bid submissi on submitted by an Eligible Participant within the Tender Process.
“Bid Submission
Date”
Shall mean the deadline for submitting a Bid during the Tender Process, as shall be specified in the Tender Process Documents.
“Business Day” Shall mean any working day (excluding, Friday and Saturday) on which banks are open for business in Israel.
“Commitments” Shall mean the overall amount of all financial commitments made available to a Private Investment Fund by its limited partners.
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1.1.14.
1.1.15.
1.1.16.
1.1.17.
1.1.18.
1.1.19.
1.1.20.
1.1.21.
1.1.22.
1.1.23.
1.1.24.
“Competition
Law”
Shall mean the Promotion of Competition and Reduction of Concentration Law, 5774-2013.
“Completion” or
“Completed”
Shall mean the delivery of the referenced project to the client, or the commencement of its operation in accordance with its intended use.
“Conference” Shall have the meaning ascribed thereto in Section 2.11.1 of this Invitation.
“Construction” Shall mean the procurement, supply and construction, installation, testing, commissioning and Completion of a referenced project.
“Construction
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.3 of this Invitation.
“Contract Value” Shall mean the total amount of all payments which were paid to the applicable Entity executing the referenced Infrastructure Project up until the Completion, pursuant to the applicable contract ex cluding VAT, interest and indexation.
“Control” Shall have the meaning ascribed thereto in the Securities Law 1968.
“Criminal
Information
Affidavit”
shall mean Pre-Qualification Form "9" ( Criminal Information Affidavit).
"Criminal
Information and
Rehabilitation
Regulations
(Restriction on the
Disclosure of
Information)"
shall mean the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information –
Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Criminal
Information Law"
shall mean the Criminal Information and Rehabilitation Law, 5779-2019.
“Declared Entity” Shall mean an entity: (i) declared pursuant to Section 3 and\or Section 9 of the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) declared pursuant to Section 3 and\or 4 of Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018;
and/or (iii) listed by the Israeli Sanctions Administration (“הס מטהaccording to any applicable Law.
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1.1.25.
1.1.26.
1.1.27.
1.1.28.
1.1.29.
1.1.30.
1.1.31.
1.1.32.
1.1.33.
1.1.34.
1.1.35.
1.1.36.
“Design” Shall mean the detailed design process without the need for any additional studies or further development of the design.
“Design
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.2 of this Invitation.
“Deviation” Shall mean any deviation, am endment, omission, addition, condition, reservation or qualification of the contents of this Invitation, including of the Pre-Qualification Requirements, made by the Participant in its Pre-Qualification Submission.
“Effectively” Shall mean the effective percentage of all Means of Control held by Entity “A” in Entity “X”, calculated by multiplying the percentages of Means of Control held by Entity “A” in each of the Entities in chain of holdings between Entity “A” and Entity “X”.
e.g., if Entity “A” holds 50% of all Means of Control of Entity “B” which holds 50% of all Means of Control of Entity “X”, then Entity “A” Effectively holds 25% of all Means of Control Entity “X”.
“Eligible
Participant”
Shall have the meaning ascribed thereto in Section 8.3 (Announcement of Eligible Participants) of this Invitation.
“Entity” Shall mean any incorporated body recognized by law within its domicile, including non-inco rporated joint venture of incorporated bodies, but excluding individuals .
“EPC Contract” Shall mean a single contra ct pursuant to which the responsibility for both the desi gn and the construction of a referenced project, including the warranty with respect thereto, is assumed by a single Entity.
“EPC
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
“EPC Expert” Shall have the meaning ascribed thereto in Section 3.4.1 of this Invitation.
“Experience
Provider(s)”
Shall mean each of the EPC Expert, Construction Experience Provider and Design Experience Provider.
“Facility” Shall have the meaning ascribed thereto in Section 1.2.3 of this Invitation.
“Financial Entity” Shall mean: (i) a Private Investment Fund; or (ii) a Banking Corporation; or (iii) an Inst itutional Investor; or (iv) an Investment Entity.
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1.1.37.
1.1.38.
1.1.39.
1.1.40.
1.1.41.
1.1.42.
1.1.43.
1.1.44.
1.1.45.
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3. Addendum No.4
“Financial Pre-
Qualification
Requirement(s)”
Shall mean the requirements detailed in Section 4.1 of this Invitation.
“Financial
Statement(s)”
Shall mean, for each Entity, its annual audited consolidated financial statement which incl udes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation; in the event such Entity does not have audited consolidated financial statement as specified above, then such Entity shall issue its annual audited solo financial statement which includes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation.
“Fund Manager” Shall mean an individual (i) responsible for implementing the Private Investment Fu nd's investing strategy and managing its portfolio trading activities; and (ii) authorized to sign on behalf of the Private Investment Fund and to commit it for purposes of this Pre-Qualification Process, for all purposes and intents.
“Gas Law” Shall mean the Gas Law (Safety and Licensing), 5749–1989, and all regulations promulga ted thereunder, as amended from time to time.
“General
Partner”
A general partner of a Private Investment Fund who is responsible for the overall ma nagement and administration of the Private Investment Fund.
“Guaranteed
Portion”
Shall have the meaning ascribed thereto in Section 4.1.4.2 of this Invitation.
“Guarantor” Shall have the meaning ascribed thereto in Section 3.3 (Guarantor) of this Invitation.
“Increased
Required Equity”
Shall have the meaning ascribed thereto in Section 4.1.3 (Financial Pre-Qualificati on Requirements; Increased Equity) of this Invitation.
“Infrastructure
Project”
Shall mean a project for the Design and Construction of a large-scale infrastructure, in cluding without limitation any of the following: LPG storag e facility, power generation facility, rail project, hi ghway project, tunnel, water desalination facility, water treatment and water supply system, industrial processing and manufacturing facility, hospital, port, airport, or a complex of buildings such as government, military or police training base.
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1.1.46.
1.1.47.
1.1.48.
1.1.49.
1.1.50.
1.1.51.
1.1.52.
“Institutional
Investor”
Shall mean each of the Entities listed in Sections 1-3 of Schedule 1 of the Securities La w 1968 and/or with respect to an Entity registered outsi de Israel – a similar Entity pursuant to the applicable law under the applicable jurisdiction.
“Interested
Party”
Shall mean
with respect to Entity1: (a) any Entity or individual directly holding at least 15% of any of the Means of Control of Entity 1 (in this definition: “ Entity2”); (b) any Entity or individual Effectively holding at least 70% of any of the Means of Control of Entity2; (c) the CEO of Entity1; or (d) any of the directors of Entity1.
“Investment
Entity”
Shall have the meaning ascribed thereto in the International Financial Reporting Standard (IFRS) 10 (Consolidated Financial Statements).
“Invitation” Shall mean this invitation for pre-qualification including all Annexes thereof.
“Law(s)” The various national (state) laws and legislation, statutes, ordinance, codes, and regulations (including the Regulations), as enacted by the State of Israel, and any by-
laws, codes, regulations enacted by the relevant authorities or municipalities, and preceden ts of relevant competent judicial authorities in Israel; all as modified, amended, replaced or created from time to time.
“Liquefied
Petroleum Gas
Law”
Shall mean the Liquefied Petroleum Gas Law, 5741-2020, and all regulations promulga ted thereunder, as amended from time to time.
“Main
Contractor”
Shall mean an entity which is directly accountable by itself or jointly and severally as part of a joint venture for the execution of the engineering, procurement and construction of the referenced project, bearing all the risks related to the execution thereof, including its management and administration and the engagement and coordination of all subcontractors. For the avoi dance of doubt, entities which are accountable for the executio n of the referenced project under a concession agreement due (only) to their position as the Concessionaire (or a member thereof) will not be considered as Main Contractor under this definition.
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1.1.53.
1.1.54.
1.1.55.
1.1.56.
1.1.57.
1.1.58.
1.1.59.
1.1.60.
1.1.61.
1.1.62.
1.1.63.
1.1.64.
“Means of
Control”
Shall have the meaning ascribed thereto in the Securities Law 1968.
Notwithstanding the above, with respect to a joint venture shall mean the power to impose professional decisions on the joint venture and the power to veto decisions made by the joint venture.
“Member(s)” Shall have the meaning ascrib ed thereto in Section 3.2.1 (Members of the Participant) of this Invitation.
“Minimal
Required Equity”
Shall have the meaning ascribed thereto in Section 4.1.2 (Financial Pre-Qualification Requirements; Equity) of this Invitation.
“Offence” shall mean: (i) the criminal offences included in Sections 6-
10. of Annex 4 ]הרביעית התוספת[ to the Criminal Information Law, 5779-2019, (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977;
(iii) similar offences under foreign laws; whether committed in Israel or abroad.
"Office Holder" Shall have the meaning ascribed to the term "משרה נושאin the Companies Law, 5759-1999.
“O&M
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
“O&M Expert” Shall have the meaning ascribed thereto in Section 1.4.2.2 of this Invitation.
“"Origin
al
Member”
Shall mean each of the Members detailed in Pre-
Qualification Form “2” of a Participant or Eligible Participant (as applicable), which was submitted at the Pre-
Qualification Submission Date.
“Parent
Company”
Shall mean with respect to a specified Entity, the Entity which Controls such specified Entity “Participant” Shall have the meaning ascrib ed thereto in Section 3.1.1 (The Participant) of this Invitation.
“Participating
Entity”
Shall mean each of the following Entities: the Participant, Member, Guarantor and EPC Expert.
“Participation
Fee”
Shall have the meaning ascribed thereto in Section 2.6.2 of this Invitation.
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1.1.65.
1.1.66.
1.1.67.
1.1.68.
1.1.69.
1.1.70.
1.1.71.
1.1.72.
4
1.1.73.
5
1.1.74.
1.1.75.
4. Addendum No.1 and Addendum No.3
5. Addendum No.1
“Pre-Qualification
Documents”
Shall mean this Invitation, its Appendices, the Pre-
Qualification Forms and any other document issued by the Tender Committee during the Pre-Qualification Process.
“Pre-Qualification
Forms”
Shall mean the forms attached hereto as forms 1-10 which each Participant is required to complete, execute and submit as part of its Pre-Qualification Submission.
“Pre-Qualification
Process”
Shall have the meaning ascribed thereto in Section 1.2.1 (Introduction and General De scription of the Project;
Preface) of this Invitation; without derogating from the foregoing, shall mean the first stage of the Tender, ending upon the announcement of Eligible Participants which will be invited to participate in the Tender Process.
“Pre-Qualification
Submission Date”
Shall have the meaning ascribed thereto in Section 7.9 (Pre-
Qualification Submission Date) of this Invitation.
“Pre-Qualification
Submission(s)”
Shall mean a submission by the participants of the required documents and forms in accordance with the provisions of this Invitation.
“Pre-Qualification
Requirement(s)”
Shall mean the Financial Pre-Qualification Requirements and Technical Pre-Qualification Requirements.
“Private
Investment Fund”
Shall mean an Entity incorporated for the purpose of making financial investments in which: (i) at least 50% of its Commitments (at any given time), is provided by Institutional Investors; and (ii) has a General Partner.
“Process
Facilities”
Shall mean chemical or petroc hemical facilities, refineries, natural gas, and/or LPG facilities, water desalination plants, thermo solar power plants or natural gas‑fired power plants, and wastewater treatment plants.
“Process Piping
Systems”
Shall mean the network of pi pes, fittings, valves, and associated components us ed for the conveyance, distribution, control, and co ntainment of process fluids (including gases, vapors , and liquids) within Process Facilitiesindustrial facilities, including refineries, petrochemical plants, gas storage and distribution facilities, and similar process installations.
“Project” Shall have the meaning ascribed thereto in Section 1.2.1.1 (Introduction and General Description of the Project;
Preface) of this Invitation.
“Regulations” Shall mean the Mandatory Tender Regulations 1993, as amended from time to time.
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1.1.76.
1.1.77.
1.1.78.
1.1.79.
1.1.80.
1.1.81.
6
1.1.82.
1.1.83.
1.1.84.
1.1.85.
6. Addendum No.4
“Related Entity” Shall have the meaning ascribed to such term (“קשור גורם ” applicable, as ", גורמים הקשורים לתאגיד הזר המסייעor including derivatives thereof), pursuant to: (i) the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) the Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018.
“"Relevant
Entity(ies)”"
Shall mean each of the following: (i) Member, (ii) Chairman of the Board of Directors of a Member, (iii) Chief Executive Officer of a Member, (iv) Any Office Holder of a Member, which is significantly involve d in the Pre-Qualification Process, in the Tender Process or in the Project, (v)
Guarantor, (vi) Experience Pr oviders, (vii) EPC Contractor (to the extent the EPC Contractor exists at the Pre-
Qualification Submission Date) and (viii) O&M Contractor (to the extent the O&M Contractor exists at the Pre-
Qualification Submission Date) .
“Relying Entity” Shall have the meaning ascribed thereto in Section 2.9.1 of this Invitation.
“Request(s) for
Clarifications”
Shall have the meaning ascrib ed thereto in Section 2.9.1 (Requests for Clarifications) of this Invitation.
“SPC” special purpose company incorporated under the Laws.
“SPV” or “Special
Purpose Vehicle” Shall mean a SPC or a special purpose limited partnership incorporated under the Laws, that the sole purpose of which shall be the participation in the Tender Process, the submission of a Bid therein and the execution of the Project (if eventually selected to do so), all in accordance with the provisions of the Tender Process Documents.
“Successful
Bidder”
Shall mean the Eligible Participant awarded with the Agreement pursuant to the completion of the Tender Process.
“Technical Pre-
Qualification
Requirements”
Shall mean the requirements detailed under Section 5 of this Invitation.
“Tender” Shall have the meaning ascribed thereto in Section 1.2.2 (Introduction and General Desc ription of the Project; The Selection Process and the Tender Stages) of this Invitation.
“Tender
Committee”
Shall mean the committee appointed by the Government of the State of Israel in accordance with the provisions of the Regulations, in order to control and manage the Pre-
Qualification Process and the Tender Process.
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1.1.86.
1.1.87.
1.1.88.
1.1.89.
1.1.90.
1.1.91.
1.1.92.
1.2. Introduction and General Description of the Project
1.2.1. Preface
1.2.1.1. The Government of the State of Israel, operating through the Tender Committee, hereby invites Entities to participate in the Pre-
Qualification Process in relation to a project for the finance, design, construction, operation, maintenance and transfer of an LPG Storage Facility, all in accordance with the provisions of the Pre-Qualification Documents, including all Annexes thereof (the " Pre-Qualification Process" and the "Project", respectively).
1.2.1.2. The Tender Committee is issuing this Invitation as part of a tender for the execution of the Project with a pre-qualification stage.
1.2.2. The Selection Process and the Tender Stages
The Tender Committee intends to select the Successful Bidder which will execute the Project through a competitive process with the following two stages (the "Tender"):
“Tender
Documents”
Shall mean the Pre-Qualification Documents and the Tender Process Documents.
“Tender Process
Documents”
Shall mean all documents which shall be issued as part of the Tender Process, including the request for proposals and all forms provided therein, th e Agreement, the technical volumes and all appendices attached therein, and any other document which will be issued by the Tender Committee during the Tender Process.
“Tender Process” Shall mean the second stage of the selection process (including any additional st ages following the Pre-
Qualification Process), in which Eligible Participants will submit their Bids and a Succe ssful Bidder for the Project shall be selected.
“Unutilized
Commitments”
Shall mean the overall amount of Commitments deducted by funds invested and funds comm itted to be invested by the Private Investment Fund.
“Update
Statement”
Shall have the meaning ascrib ed thereto in Section 9.1.1 (General) of this Invitation.
“Updated
Financial
Statements”
Shall have the meaning ascrib ed thereto in Section 9.1.2 (Updated Financial Statements) of this Invitation.
“Website” Shall have the meaning ascribed thereto in Section 2.6.1 of this Invitation.
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1.2.2.1. this Pre-Qualification Process; and
1.2.2.2. the Tender Process.
1.2.3. General Description of the Project
Without derogating from the provi sions of the Pre-Qualification Documents, hereunder is only a general, indicative and non-binding description of the Project. It is hereby clarified that the actual scope of works shall be determined in the Tender Process Documents.
The Project includes the finance, design, construction, operation, maintenance and transfer of an LPG St orage Facility as further detailed in Annex A (General Description of the Project) (the "Facility").
The term of the Agreement: the term of the Agreement shall be determined in the Tender Process Documents and shall include a development phase, construction phase and operation and maintenance phase.
1.3. The Pre-Qualification Process
1.3.1. The purpose of this Pre-Qualification Process is to identify Eligible Participants, who will be invited to participate in the Tender Process.
1.3.2. During the Pre-Qualification Process, Participants will be required to submit Pre-
Qualification Submissions, in accordance with the provisions of this Invitation, in order to demonstrate their compliance with all Pre- Qualification Requirements and all other applicable provisions of this Invitation.
1.3.3. Pre-Qualification Submissions submitted by the Participants will be evaluated by the Tender Committee, in accordance with the provisions of this Invitation.
Without derogating from the provisions of Section 8 ( REVIEW AND EVALUATION OF PRE-QUALIFICATION SUBMISSIONS) of this Invitation, at the e nd of its evaluation, the Tender Committee will announce the Eligible Participants. Only those Participants that were announced as Eligible Particip ants, will be invited to participate in the Tender Process.
1.4. The Tender Process and Expected Requirements
1.4.1. Following the completion of the Pre- Qualification Process, the Tender Committee intends to invite the Eligible Participants to participate in the Tender Process and submit Bids for the execution of the Project.
1.4.2. The EPC Contractor, O&M Contractor and O&M Expert
1.4.2.1. As shall further be elaborated in the Tender Process Documents, the Successful Bidder will be required to engage an EPC Contractor which shall assume on a "back-to-back" ba sis the engineering, procurement and construction obligations of th e Successful Bidde r vis-à-vis the State ("EPC Contractor"), and 16
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an O&M Contractor which sha ll assume on a "back-to-back"
basis the operation and maintenance obligations of the Successful Bidder vis-à-vis the State ("O&M Contractor").
1.4.2.2. As shall further be elaborated in the Tender Process Documents, the Successful BidderEligible Participants will be required to demonstrate to the satisfaction of the Tender Committee, as a pre-condition for executing the Agreementshall be set forth in the Tender Process Documents,7 that an Entity or Entities meet(s) the following certain requirements regarding operation and maintenance of the LPG Storage Facility ("O&M Expert")8:
1.4.2.2.1. Within the ten (10) years immediately preceding the submission date of the applicab le Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating a liquid gas storage facility with a minimum capacity of 250 tons, commencing after the completion of such facility; and
1.4.2.2.2. Within the ten (10) years immediately preceding the submission date of the applicab le Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating Process Piping Systems in industrial facilities, including pressure control systems, commencing after the Completion of such Process Piping Systems.9
1.4.2.3. [Reserved]Each of the requirements se t forth in Sections 1.4.2.2.1 and
1.4.2.3. 1.4.2.2.2 above may be satisfied either by the same Entity or by two (2) separate Entities.10
1.4.2.4. [Reserved]An O&M Expert shall be allowed to present and rely on the experience of a Relying Entity.11
1.4.2.5. [Reserved]As shall further be elaborated in the Tender Process Documents, the O&M Expert(s) sha ll be responsible for the overall management and coordination of all O&M functions of the Project, as follows:12
1.4.2.5.1. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by the same O&M Expert – either as the O&M Contractor itself, or as a member holding directly at least 50% of all the Means of Control in the O&M Contractor.
1.4.2.5.2. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by two (2)
separate O&M Experts – each O&M Expert shall hold directly at least 25% of all the Means of Control in the
7. Addendum No. 1
8. Addendum No. 2
9. Addendum No. 2
10. Addendum No.2
11. Addendum No.2
12. Addendum No.2
17
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O&M Contractor.
1.5. Invitation for Pre-Qualification
The Tender Committee hereby invites Entities to participate in the Pre-
Qualification Process, according to the terms and conditions of this Invitation.
1.6. Anticipated Schedule
The anticipated schedule for the Pre-Qualification Process is as follows:
1.6.1 Publication of the Invitation for Pre-
Qualification
- 31.12.25
1.6.2 Final date for the Submission of
Requests for Clarifications in
accordance with Section 2.9 ( Requests
for Clarification) of this Invitation.
- 3130.0506.26
13
15.07.2614
31.08.2615
1.6.3 Pre-Qualification Submission Date - 30567.0708.
17.8.2616
23.09.2617
The Tender Committee reserves the right to amend any date contained herein, at any time, at its sole discretion by issuing a written clarification or Addenda to this Invitation in accordance with th e provisions of Section 2.10 ( Addenda) of this Invitation.
2. RULES AND PROCEDURES
2.1. Governing Law and Jurisdiction
2.1.1. Jurisdiction
The Pre-Qualification Process and the Pre-Qualification Documents shall be governed and construed in accordance with the provisions of the Laws of the State of Israel, including th e Mandatory Tenders Law 1992, and the Regulations.
2.1.2. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process and the Tender Process.
2.1.3. Waiver
Each Participating Entity and anyone on their behalf, hereby waives any right to seek an injunction with any court, in any legal proceeding, with
13. Addendum No. 2
14. Addendum No.3
15. Addendum No.4
16. Addendum No.3
17. Addendum No.4
18
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respect to this process, against the Tender Committee and/or anyone on its behalf and/or against any of the other Participants, including the Eligible Participants, and shall be prohibited from seeking an injunction in such process.
2.1.4. The foregoing does not derogate from the obligation of a Participating Entity and anyone on their behalf, to address the Tender Committee, in writing, with a specific and detailed claim or complaint.
2.2. Preparation for Submission
2.2.1. By submitting a Pre-Qualification S ubmission each Participating Entity, and anyone on their behalf confirms that it has received the complete set of Pre-
Qualification Documents, that it has read, considered and understood the Pre-
Qualification Documents, and that it accepts the terms and conditions thereof and all obligations and undertakings specified or implied therein.
2.2.2. Each Participating Entity, and anyone on their behalf shall be deemed to have the knowledge of any relevant Law with respect to the Pre- Qualification Process, the Tender and the Project, including wi thout limitation the Gas Law and/or Liquefied Petroleum Gas Law. The Pre- Qualification Submissions shall be prepared and submitted in accordance with any applicable Law, and the Participating Entities and anyone on their behalf are assumed to have obtained professional advice with respect to the relevant disciplines, including legal, financial and technical disciplines, for participating in the Pre-Qualification Process.
2.3. The Invitation
The Pre-Qualification Documents include th is invitation for pre-qualification, its Appendices, the Pre-Qualifi cation Forms and any other document issued by the Tender Committee during the Pre-Qualific ation Process. Without derogating from the provisions of Sections 7.1 ( Compliance with the Requirements of the Pre-
Qualification Documents ) and 7.2 ( No Unauthorized Modification ), the Pre-
Qualification Forms shall be provided to all Participants also in MS-Word file.
2.4. Priority of Documents
In the event of discrepancies between any of the provisions of this Invitation, the stricter provision, as determined by th e Tender Committee at its sole discretion, shall prevail, unless otherwise determined by the Tender Committee and approved in writing. Any discrepancy shall be brought to the attention of the Tender Committee as soon as possible.
2.5. Severability
The invalidity or unenforceability of a ny part, provision or se ction of the Pre-
Qualification Documents shall not affect the validity or enforceability of other parts, provisions or sections thereof. Any inva lid or unenforceable part, provision or section shall be deemed severed from the Pre-Qualification Documents, and the Pre-
Qualification Documents shall be construed and enforced as if this Invitation did not contain such invalid or unenforceable part, provision or section.
2.6. Access to Documents and Registration
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2.6.1. Any Entity wishing to participate in the Pre-Qualification Process may view the Pre-Qualification Documents by sending Ms. Sapir Peretz a request (via email address: PPP-LPG@inbal.co.il) to receive the Pre-Qualification Documents by email, or at the following website:
https://mr.gov.il/ilgstorefront/he/p/4000612580 (the “Website”).
2.6.2. As a pre-condition for the participation in the Tender, including the submission of Requests for Clarifications and the submission of the Pre- Qualification Submission, each Participant shall pay a participation fee in an amount of NIS 10,000 (VAT included) (the “Participation Fee”).
2.6.3. The Participation Fee shall be paid by any of the following methods:
2.6.3.1. By an Israeli credit card, at the following website:
https://ecom.gov.il/counterspa/home/62/1/AccountantGeneral_ 1_FastLanes
2.6.3.2. By a bank transfer from an Israeli bank account – to the Bank of Israel (bank code: 99, branch code: 001), bank account number
1310010081303. (Accountant General – NIS income account).
2.6.3.3. By a bank transfer from a foreign bank account:
Final Beneficiary Bank = Bank of Israel, Jerusalem Swift code = ISRAILIR Beneficiary Name = Accountant General – NIS income account Beneficiary IBAN = ILS370990011310010081303 Text in Field 72: TTC/613
2.6.4. Without derogating from the provisions of Section 9.3 ( Reservation of Rights )
the Participation Fee shall not be refunded in any way.
2.6.5. Participants shall submit a copy of the receipt for the payment of the Participation Fee as well as the Participant’s contact details ( inter alia , the name of the Participant, its Authorized Representative, address, phone number, fax number, address, email address etc.) to Ms. Sapi r Peretz, the Coordinator of the Tender Committee, via email address:
PPP-LPG@inbal.co.il.
2.6.6. It is hereby clarified that the Tender Committee or anyone on its behalf shall not be responsible in any respect for any da mage or loss of any kind whatsoever, suffered by a Participant or anyone on its behalf, due to an error or omission with respect to any information provided by a Participant under this Section.
2.6.7. It is hereby clarified that an Entity wh o has not paid the Participation Fee may submit Requests for Clarifications a nd/or a Pre-Qualification Submission, provided that the right to participate pursuant to the payment of the Participation Fee was assigned or transferred from an Entity entitled to participate. A person or 20
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an Entity may pay the Participation Fee on behalf of another Entity. For the avoidance of doubt, any singl e Participation Fee shall entitle the submission of one (1) Pre-Qualification Submission.
2.6.8. Participants shall be re sponsible for informing th e Tender Committee of any change in their contact details.
2.6.9. It is hereby emphasized that the paym ent of the Participation Fee does not constitute recognition of an Entity’s (including a Participants) eligibility, qualifications or competence to meet the requirements of this Invitation.
2.7. Cost of Participation in the Pre-Qualification Process The Participating Entities and anyone on thei r behalf, will solely bear any and all costs and expenses connected with partic ipation in the Pre-Qualification Process and the preparation of the Pre-Qualificat ion Submission(s) as incurred by such, regardless of any amendments made to the requirements herein by the Tender Committee, and will not be reimbursed or otherwise compensated by the Tender Committee and/or anyone on its behalf, fo r any costs or expenses so incurred thereby, including in the event of termin ation of the Pre-Qualification Process for any reason whatsoever.
2.8. Language
This Invitation is published in English. Notwithstanding the foregoing, the Tender Committee reserves the right to issue a Hebrew version of this Invitation or any part of the Pre-Qualification Documents, and to determine the order of precedence in case of any discrepancy between the provi sions of the English version and the provisions of the Hebrew version, at a ny time. In addition, the Tender Committee reserves the right to conduct its business in Hebrew or English, including in meetings, discussions, correspondences, negotiations, etc.
2.9. Requests for Clarifications
2.9.1. Participants who have paid the Partic ipation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5 above, may raise questions and requests for clarifications or interpretations to the Pre-Qualification Documents, in writing, by no later than the deadline for the submission of requests for clarifications as set forth in Section 1.6 ( Anticipated Schedule) (“ Request(s) for Clarification(s) ”) above. Such Requests for Clarifications shall be addressed to:
Mr. Gal Lando, Chairman of the Tender Committee Via: Ms. Sapir Peretz, Coordinator of the Tender Committee, email address:
PPP-LPG@inbal.co.il
Participants shall verify the receipt of Requests for Clarifications by the Tender Committee.
2.9.2. Requests for Clarifications shall be submitted via email in a signed PDF file and in an open for editing MS-Excel file, in the form of Annex D (Form of Participants' Requests for Clarification of the Tender Documents).
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The Tender Committee reserves the right to ignore Requests for Clarifications which are not submitted in accordance with the requirements of submission specified in this Section 2.9.2.
2.9.3. The Tender Committee may request Participants to provide clarifications to any part of their Request for Clarifications as described in Section 8.2 ( Requests for Clarifications) below, including by way of meeti ng with the Participants or any of them.
2.9.4. The Tender Committee has no obligation to clarify or interpret this Invitation, to respond to any specific question or to publish any of the Requests for Clarifications submitted to it. Without derogating from the generality of the above, the Tender Committee reserves the right not to respond to a Request for Clarification submitted by an Entity who has not paid the Participation Fee.
2.9.5. In its response to a Request for Clarification the Tender Committee may, rephrase any Request for Clarification including adding to the original language or omitting from the original language, as it shall deem fit under the circumstances.
It is further clarified that any response or non-response by the Tender Committee to any Request for Clarification by Bidders shall not be construed as approval or agreement, unless explicitly stated so by the Tender Committee, in writing.
2.9.6. The Tender Committee's responses shall be distributed to the Participants as an Addendum in accordance with Section 2.10 below.
2.9.7. Any Request for Clarification of the Pre-Qualification Documents raised at a date following the deadline for the submission thereof as provided in Section 1.6 (Anticipated Schedule ), will be accepted or rejected, answered or not, at the discretion of the Tender Committee.
2.9.8. For the avoidance of doubt, a response by the Tender Committee to any Request for Clarification shall not derogate from the discretion or the prerogative of the Tender Committee under any Law and under this Invitation, including under Section 2.10 (Addenda).
2.10. Addenda
2.10.1. Notwithstanding any of the provisions of the Pre-Qualification Documents and without derogating from th e discretion of the Tender Committee under the provisions of Section 9.3 (Reservation of Rights), the Tender Committee reserves the right to revise, modify, amend, clarif y, add, eliminate or otherwise change the Pre-Qualification Documents or any pa rt thereof, including, but not limited to, any instruction, requirement, specification, Pre-Qualification Requirement(s)
or date contained therein, at any time , whether at the disc retion of the Tender Committee or as a result of a Request fo r Clarification. Such revisions, if any, shall be announced by written clarificatio n or addenda to the Pre-Qualification Documents (“Addenda” or “Addendum”, as applicable) and will be deemed an integral part of this Invitation.
2.10.2. The Tender Committee shall not be bound by, and Participants shall not rely on, any oral clarification to the Pre-Qualification Documents.
2.10.3. For the avoidance of doubt, no clarifi cation or amendment to the Pre-
Qualification Documents shall be binding unless issued in the form of an 22
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Addendum.
2.10.4. Copies of Addenda published by the Tender Committee shall be published at the Website and furnished to all Entities or Participants who have paid the Participation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5.
2.10.5. Should any Addendum result from any Request for Clarification submitted by a Participant, the identity of such Entity or Participant shall not be disclosed.
2.10.6. Participants are required to acknowledge r eceipt of Addenda in writing no later than two (2) Business Days following receipt thereof. Such acknowledgements shall be sent to the Tender Committee's address as described in Section 2.9 (Requests for Clarifications) above.
2.10.7. Without derogating from the generality of the provisions of Sections 1.6 (Anticipated Schedule) and 2.10 ( Addenda) above, the Tender Committee may postpone the Pre-Qualification Submissi on Date, or any other date herein, by such number of days as shall be necessary in the opinion of the Tender Committee and may repeat this process if necessary. The announcement of a new Pre-Qualification Submission Date, if any, shall be by an Addendum in according with Section 2.10 ( Addenda), and all of the provisions with respect to the previous Pre-Qualification Submission Date shall apply to such new date, including any Addendum, unless otherwise specified in the Addenda with regard to the postponement. Nothing in this Section shall be construed as an obligation by the Tender Committee to grant an extension.
2.11. Site Visit and Conference
2.11.1. The Tender Committee reserves the right to hold a conference and/or a site visit (the "Conference"), which will take place at the location and at the time to be announced by the Tender Committee.
2.11.2. The Tender Committee may limit the number of participants on behalf of a Participant in the Conference, and ma y request a prior confirmation for participation in the Conference.
2.11.3. It is hereby clarified that the participation of the Participant or its Authorized Representative in the Conference shall not be a Pre- Qualification Requirement nor a requirement for submission of the Pre- Qualification Submissions, and shall not be mandatory.
2.11.4. At the Conference, the Tender Committee may answer questions referred to it by Participants. However, it is hereby clarified that the Tender Committee shall not be bound by, and Participants shall not rely on, any oral representation or information made by the Tender Comm ittee or Participants during the Conference, and any such information shall be provided for informative purposes only. Only an Addenda or written minut es issued by the Tender Committee, if issued, following the Conference in accord ance with the provisions of Section
2.10 (Addenda) above, shall be binding.
2.12. Intellectual Property Rights
The Pre-Qualification Documents and any and all intellectual property rights 23
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therein, including any professional and general matters with respect to the Project, are exclusively owned by the Tender Committee and are supplied to the Participants solely for the purpose of participation in the Pre-Qualification Process.
2.13. Information Supplied to the Participants
2.13.1. The description of the Project detailed in each section of this Invitation is general and indicative only. The actual scope of works and further particulars with respect to the Project may differ from the description thereof in this Invitation.
2.13.2. In any event and without derogating from the foregoing, to the extant applicable during the Pre-Qualification Process, Participants are required to independently examine and verify all aspects of the Project, inter alia, the Site, its borders and surrounding, all statutory plans relating thereto, the Pre- Qualification Documents and any other legal, organizational, opera tional, technical or financial detail relevant to the Pre-Qualification Submission.
2.13.3. The Tender Committee does not represent or warrant that the information contained in the Pre-Qualification Documents or any other information which it or anyone on its behalf is making available to Participants, is either complete or accurate or has undergone any indepe ndent verification of the Tender Committee, and the Tender Committee shall not be responsible for such information and/or any use of such information by the Participants and/or anyone on their behalf and/or the Successful Bidder and/or anyone on its behalf.
2.13.4. The issuance of the Pre-Qualification Documents, including any information and data provided therein or by the Tender Committee or anyone on its behalf, shall not be construed as giving rise to or cr eating any representation, undertaking or warranty by the Tender Committee or anyone on its behalf with respect to the Project and its execution.
2.13.5. It is expressly understood that any relian ce of a Participating Entity and/or any Entity and/or anyone on their behalf, including their employees, offic
תוכן המסמך: מסמכי הליך
Publication Version
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG STORAGE
FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION NO.
1/2025
ANNEX C
PRE-QUALIFICATION FORMS
2025
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TABLE OF CONTENTS
Pre-Qualification Form “1” - The Pre-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved] 1Design Experience Provider Pre-Qualification Form “8” [Reserved]2Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre-Qualification Requirements Compliance
1. Addendum No.3
2. Addendum No.3
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PRE-QUALIFICATION FORM “1”
THE PRE-QUALIFICATION SUBMISSION LETTER
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
To:
Chairman of the Tender Committee
Dear Sir,
Re: Invitation for Pre-Qualification to a Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of a Solar PV Power Plant (the "Invitation")
In response to the Invitation issued on [·], 2 025, extending an invitation to submit a Pre-
Qualification Submission which we have read and understood, we , the undersigned, submit this Pre-Qualification Submission.
1. We, the undersigned, (the " Participant") [name of Participant to be completed if incorporated], and all the Members thereof, ; ;
; [names of Members to be completed] have thoroughly and carefully read the Invitation, and are pleased to submit our Pre-Qualification Submission.
2. We agree to all of the provisions in the Invitation and all obligat ions included therein, and in particular the rights reserved to the Tender Co mmittee, and we submit our Pre-Qualification Submission in accordance with the terms and provisions contained therein.
3. We warrant that the Pre-Qualification Submissi on is accurate, complete and up-to-date at the time of the Pre-Qualification Submission Date, in accordance with the requirements of the Invitation.
4. We acknowledge and accept the provisions of Section 9.3 ( Reservation of Rights ) and 9.4 (Prerogatives of the Tender Committee ) of the Invitation, and without derogating from the generality of the foregoing, understand that the submission of our Pre-Qualification Submission shall not be deemed in any way to create an ob ligation on the part of the Tender Committee to announce our compliance with the Pre-Qualification Requi rements; that the Tender Committee has the right to reject, as it deems appropriate, the Pre-Qualification Submission submitted by the Participant; and that the Tender Committee has the right, as it deems appropriate, to annul the Pre-Qualification Process and to reject all Pre-Qualification Submissions at any time, all, in accordance with the provisions of the Invitation.
5. Incorporated hereto, and made an integral part of the Pre-Qualification Submission, are all Pre-
Qualification Forms, attachments and annexes thereto, and other annexes attached to the Pre-
Qualification Submission as described herein:
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Pre-Qualification Form “1” The Pre-Qualification Submission Letter Pre-Qualification Form “2” The Participant Pre-Qualification Form “3” The Members of the Participants and Guarantors Pre-Qualification Form “4” The Letter of Guarantee Pre-Qualification Form “5” Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” [Reserved]3Design Experience Provider Pre-Qualification Form “8” [Reserved]4Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” Financial Pre-Qualification Requirements Compliance
6. Attached herein is a copy original [check applicable] of the receipt payment of the Participation Fee.
7. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the Pre-Qualification Documents, issued until the Pre-Qu alification Submission Date:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
...
[to be completed]
8. Detailed herein is information which the Participant considers to be of a commercially sensitive or secret nature concerning th e Pre-Qualification Submission [to be completed in accordance with the provisions of Section 6.4 (Identification of Sensitive or Classified Information) of the Invitation]:
3. Addendum No.3
4. Addendum No.3
Page 5 of 36
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9. Capitalized terms in the Pre-Qualification Forms shall have the meaning ascribed thereto under the Invitation.
10. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
11. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “2”
THE PARTICIPANT
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
1. Participant - General Information
Participant Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Authorized Representative
Name:
Phone:
E-mail:
3. Anticipated Holdings in the Participant
Member’s Name Anticipated Holdings
%
%
%
The Participant hereby confirms that it complies with Section 3.1.1 of the Invitation.
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “3”
THE PARTICIPATING ENTITIES
[To be completed and signed by each Participating Entity, on a separate form]
1. Participating Entity - General Information
Position: Member
Guarantor
EPC Expert
Design Experience Provider5
Construction Experience Provider6
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Legal Status
* Attached are authenticated copies of the Participating Entity’s certificate of incorporation.
Except for official and authenticated certificat es of Israeli corporatio ns submitted in Hebrew, certificates of incorporation provided by an En tity in any language other than English should be accompanied by a translation to English pursuant to Section 7.3 of the Invitation.
3. Registration Data
Registration Number:
Place of Registration:
Date of Registration:
5. Addendum No.3
6. Addendum No.3
Limited Liability Company
Registered Limited Partnership
Registered General Partnership
Other: [please provide further details]
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4. Interested Parties in the Participating Entity
* Attached is an updated full chart describing the corporate holding structure, which lists all the entities controlling the Participating Entity, up to the ultimate controlling party.
5. Warranties and Representations:
5.1. The Participating Entity hereby warrants an d represents that it complies with and satisfies all of the requirements stipulated in Sections 3.5.1 to 3.5.5 of the Invitation.
5.2. The execution and delivery by the Participating Entity of the Pre-Qualification Forms submitted by it in connection with the Pre-Qualification Submission are within its corporate powers, have been duly authorized by all necessary corporate and other actions and do not contravene: (i) the orga nizational documents of the Participating Entity; (ii) any law, rule or regulation applicable to the Participating Entity; (iii) to the best of the undersigned’s knowledge, any judgment, writ, injunction, decree or ruling of any court or other governmental body applicable to the Participating Entity; or (iv) any agreement, contract or other instrument known to the undersigned to which the Participating Entity is a party or to which it is subject.
5.3. The Participating Entity has not, directly or indirectly, induced or solicited any other Participant, Member or Guarantor to put in a false or sham Pre-Qualification Submission, and has not by itself, or directly or indirectly, colluded, arranged or agreed with any other Participant, Member or Guar antor to secure any advantage against any other Participant, or to secure any advant age against the Tender Committee or anyone interested in the Project.
5.4. The Participating Entity participates in the Pre-Qualification Process only within this Pre-Qualification Submission.
5.5. Any Entity which exercises Control over the Participating Entity, any Entity under the common Control thereof, and any Entity Controlled thereby, does not participate in the Pre-Qualification Process except within this Pre-Qualification Submission.
5.6. The Participating Entity [check if applicable] does not employ or engage, directly or indirectly, any of the advisors to the Tender Committee detailed in Annex B of the Invitation, for the purposes of the Pre-Qual ification Process or the Tender; and/or [check if applicable] employs or engages or has empl oyed or engaged, directly or indirectly, [name of advisor] which appears as an advisor to the Page 10 of 36
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Tender Committee detailed in Annex B of the Invitation and ha s an engagement with respect to the following: . For the avoidance of doubt, the above disclosure is required only with respect to engagements that were in effect on or after June 30, 2025, and there is no requirement to disclose any engagement that ended before June 30, 2025.7
5.7. To the best of the Participating Entity’s knowledge, and with respect to those parts of the Pre-Qualification Submission concerned with the Participating Entity:
5.7.1. The Pre-Qualification Submission submitted by the Participant is not made in the interest of, or on behalf of, any undi sclosed person, corporation, company, voluntary association, partnership, trust, or unincorporated association;
5.7.2. The Pre-Qualification Submission is genuine and not collusive or sham; and
5.7.3. All the information contained in the Pre-Qualification Submission is true, accurate, complete and current as of the Pre-Qualification Submission Date.
5.8. The Participating Entity has read the Invitation and is familiar with the provisions thereof, and in particular the provisions of Section 9.3 ( Reservation of Rights) and 9.4 (Prerogatives of the Tender Committee) of the Invitation.
5.9. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
5.10. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
EPC Expert
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this
7. Addendum No. 3
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Pre-Qualification Form, for all purposes and intents. The attorney or person wh o is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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Publication Version
PRE-QUALIFICATION FORM “4”
LETTER OF GUARANTEE
[to be completed and signed by each Guarantor, on a separate form] The undersigned [name of the Guarantor] (the "Guarantor"), hereby confirms and warrants to the Tender Committee as follows:
1. The Guarantor [please check the applicable]:
Controls the [ name of Member seeking to rely on the Guarantor] (the "Relying Member") by means of [please provide legal opinion confirming that the Guarantor Controls the Member];
is a Member of the Participant together with [ name of Member seeking to rely on the Guarantor] (the "Relying Member").
2. The Guaranteed Portion: %.
3. The Relying Member has informed the Guarantor of the Invitation and its participation in the Pre-Qualification Process as a Member of the Participant.
4. The Guarantor hereby requests that its own financial information, which is included in the Pre-Qualification Submission subm itted by the Participant, will be taken into account in determination of Relying Member's compli ance with the Financial Pre-Qualification Requirements set forth in Sections 4.1 of the In vitation, instead of or together with such Member's financial information.
5. The Guarantor shall provide the Tender Comm ittee with any information (including any financial information) which may be required by the Tender Committee at any stage of the Pre-Qualification Process in order to carry out its evaluation of the Pre-Qualification Submission.
6. In the event the Tender Committee determines that the Pre-Qualification Submission submitted by the Participant complied with the requirements of the Invitation, and the Participant will be announced Eligible Participant and invited to submit a Bid in accordance with the provisions of the Tender Documents, the Guarantor hereby undertakes to issue the Tender Committee, within the Bid to be submitted (if submitted) by the Participant, with the Member’s and Guarantor's undertaking th at shall be detailed under the Tender Documents.
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Unless otherwise defined herein, all the capitalized terms in this Pre-Qualification Form shall have the meaning ascribed thereto under the Invitation.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “5”
PUBLIC ENTITIES TRANSACTIONS LAW AFFIDAVIT
(To be completed and signed, to the extant required under Law, by each Entity incorporated in the State of Israel, or registered in Israel as a Foreign Company as defined under the Companies Law 1999)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
Affidavit
Pursuant to Articles 2b1(a) and 2b(b) of Public Entities Transactions Law, 5736-1976 (hereinafter: "Public Entities Transactions Law"):
I the undersigned [ Declarant's Full Name] , bearer of [ Country] passport/Israeli I.D. no. , having been fo rewarned that I am to declare the truth and that I will be subject to the penalties imposed by law if I do not do so, hereby affirm in writing as follows:
1. I am authorized to make this affidavit on behalf of (hereinafter: the [check the applicable ] “ Participant” / “ Member” / “ Guarantor”) by the authorization of the company;
2. The terms and phrases in this affidavit are in accordance with their meaning as ascribed in the Invitation, and the Public Entities Tran sactions Law (Enforce ment of Bookkeeping, Payment of Tax Duties and Minimum Wage s and Lawful Employment of Foreign Workers), 5736 – 1976 (“Public Transactions Law”).
3. I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Neither the [ check the applicable ] Participant / Member / Guarantor nor its affiliates* have been convicted of more than two offences under the Minimum Wage Law, 5747-1987 or the Employment of Foreign Workers Law, 5751-1991; (*affiliate for the purpose of this Affidavit, shall have the meaning ascribed thereto in the Public Entities Transactions Law).
□ The [check the applicable] Participant / Member / Guarantor or its affiliates have been convicted of more than two offences, however at the Pre-Qualification Submission Date at least one year has elapsed since the last conviction date;
4. I hereby declare that the [ check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Alternative A – The provisions of Article 9 of the Equal Rights for People with Disabilities Law, 5758-1998 (" Equal Rights Law ") do not apply to the [ check the applicable ] Participant / Member / Guarantor.
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□ Alternative B – The provisions of Article 9 of the Equal Rights Law apply to the [ check the applicable] Participant / Member / Guarantor and it is in compliance with them, and the following applies [check the applicable]:
□ The [ check the applicable ] Participant / Member / Guarantor does not employ over 100 employees;
□ The [check the applicable] Participant / Member / Guarantor employs over
100. employees, and [check the applicable]:
□ declares that it will apply to the general manager of the Ministry of Labor, Social Affairs and Social Services for the evaluation of its compliance with its obligation under Article 9 of the Equal Rights Law, and should it be deemed necessary – be provided with guidance for their compliance; or □ declares that it had previously applied to the general manager of the Ministry of Labor, Social Affairs and Social Services for the scrutiny of its compliance with its obligation under Article 9 of the Equal Rights Law, and, if it was provided with guidance for compliance with them, it had acted accordingly.
If this declaration is made pursuant to Alternative B above, the [check the applicable] Participant / Member / Guaran tor hereby commits, within thirty (30) days of the Pre-
Qualification Submission Date, to provide a copy of this declaration to the general manager of the Ministry of Labor, Social Affairs and Social Services.
5. This is my name, this is my signature and the content of the Affidavit above is true.
[Declarant's Signature]
I, the undersigned, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby confirm that on , Mr./Mrs. , I.D. No. appeared before me, and after being cautioned that he/she is required to state the truth, and that if he/she fails to do so he/she shall be liable to the punishments prescribed by law, signed this statement in my presence.
In addition, I, , ☐ attorney-at-law ☐ public notary [check applicable box], hereby do attest and confirm that is authori zed to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification Form, for all purposes and intents.
Attorney-at-Law / public notary
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PRE-QUALIFICATION FORM “6”
EPC Expert Experience
(To be completed by the EPC Expert and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “6” (EPC Expert Experience) shall have the meaning ascribed thereto in the Tender Documents.
1. EPC Expert - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the EPC Expert) - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship
between EPC
Expert and Entity
(check the
applicable)
exercises Control over the EPC Expert; EPC Expert directly holds at least 20% of all the Means of Control in the Entity, providing that the EPC Expert was accountable jointly and severally for such Entity;
the Entity is indirectly held by the
EPC Expert and 100% of the Means of Control are Effectively held by the EPC Expert.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.] Page 17 of 36
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3. Required experience of the EPC Expert pursuant to Section 5.1.1 of the Invitation:
# Item Project 1
.
“1” “2”
1. Name of referenced
project
2. Type of Infrastructure
Project
3. Location of referenced
project
4. Role of Entity Main Contractor
under an EPC Contract
for the Design and
Construction
Main Contractor
under an EPC Contract
for the Design and
Construction
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
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# Item Project 1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
* Calculated using the exchange rates under Section 4.2.6.1.4 of the Invitation or approved by the Tender Committee pursuant to Section 4.2.6.2 of the Invitation.
1The EPC Expert/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
EPC Expert
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “7”
[RESERVED]8
Design Experience Provider
(To be completed by Design Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “7” (Design Experience Provider) shall have the meaning ascribed thereto in the Tender Documents.
1. Design Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Design Experience Provider) -
General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
8. Addendum No.3
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Relationship
between Design
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Design Experience Provider;
Design Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Design Experience Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Design Experience Provider and 100% of the Means of Control are Effectively held by the Design Experience Provider.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.]
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3. Required experience of the Design Experience Provider pursuant to Section 5.2 of the Invitation:
# Item Project1
.
“1” “2”
1. Name of referenced
project
2. Type of Project -Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
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# Item Project1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Design Experience Provider/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requir ements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
Page 24 of 36
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Design
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “8”
[RESERVED]9
Construction Experience Provider
(To be completed by Construction Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “8” (Construction Experience Provider)
shall have the meaning ascribed thereto in the Tender Documents.
1. Construction Experience Provider - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Construction Experience Provider)
- General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
9. Addendum No.3
Page 26 of 36
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Relationship
between
Construction
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Construction Experience Provider; Construction Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Construction Experi ence Provider was accountable jointly and severally for such Entity; the Entity is indirectly held by the Construction Experience Provider and 100% of the Means of Control are Effectively held by the Construction Experience Provider.
[please provide appropriate expl anation, attested to by an attorney, demonstrated by ap plicable documentation, e.g.
reports issued by th e Registrar of Compan ies, organizational charts, etc.]
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3. Required experience of the Construction Experience Provider pursuant to Section 5.3.2 of the Invitation:
# Item Project1
.
“1” “2”
1. Name of referenced
project
2. Type of Project -Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
Months:
at least twenty-four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
Contract Value:
Original currency:
Contract Value:
Page 28 of 36
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# Item Project1
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Construction Experience Provi der/Entity may (and is encouraged to) submit more than (1)
one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant informatio n or attach to this Tender Form relevant documentation.)
Page 29 of 36
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Construction
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “9”
CRIMINAL INFORMATION AFFIDAVIT
(To be completed on a separate form by each Participating Entity, (ii) Chairman of the Board of Directors of each Member, (iii) Chief Executive Officer of each Member, (iv) any Chief Officer of a Member which is significantly involved in the Pre-Qualification Process, in the Tender Process or in the Project; (including individuals)
and (v) the EPC Expert10O&M Contractor (if exists) and any member of the O&M Contractor) (Capitalized terms shall have the meaning ascribed to them in the Invitation)
To:
Gal Lando, Chairman of the Tender Committee
Accountant General Division
Ministry of Finance
Jerusalem
Dear sir,
Re: Invitation for Pre-Qualification to a Tender for Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of An LPG Storage Facility At YAVOR (the "Invitation")
I, the undersigned, , ID no. / Passport no. after having been forewarned that I am to declare the truth and that I will be subject to the penalties prescribed by Law should I refrain from doing so, hereby declare in writing as follows:
1. In this affidavit:
"Criminal Information Law" shall mean the Criminal Info rmation and Rehabilitation Law, 5779-2019.
"Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information)" shall mean the Criminal Informa tion and Rehabilitat ion Regulations (Restriction on the Disclosure of Information - Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Offence" shall mean: (i) the criminal offences included in Sections 6-10 of Annex 4 התוספת[ ]הרביעיתto the Criminal Information Law, 5779-2019 (the "Criminal Information Law"), (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977; (iii) similar offences under foreign laws; whether committed in Israel or abroad.
2. I serve as of .
3. I hereby give this affidavit [check the applicable] -
on behalf of myself and with respect to myself;
10. Addendum No.3
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on behalf of , in its capacity as: Member Guarantor EPC Expert11Experience Provider EPC Contractor 1 O&M Contractor2 ("Referenced Entity").
4. This affidavit is given as part of the Pre-Qualification Process in reference and as part the Pre-
Qualification Submission of [the Participant] , and subject to the provisions of the Criminal Information Law and its Regulations.
5. Following an inquiry and examination th at I have conducted with respect to □ myself □ the Referenced Entity [check the applicable] ("Applicable Entity"), I hereby declare that:
□ (i) The Applicable Entity was not convicted of an Offence, and (ii) there is no criminal information relating to an Offence regarding the Applicable Entity, in the criminal record [הפלילי המרשם], as such term is defined in Sectio ns 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign regi stration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקהpursuant to such law – has not yet expired.
□ (i) The Applicable Entity was convicted of an Offence, and (ii) there is criminal information relating to an Offence regarding the Applicable Entity, in the criminal record ]הפלילי המרשם], as such term is defined in Sectio ns 1 and 14 of the Criminal Information Law [הפלילי מהמרשם מידע] (or any equivalent foreign regi stration); with respect to which the relevant statute of limitation period [ההתיישנות תקופת] and/or deletion period תקופת] [המחיקהpursuant to such law – has not yet ex pired; but such information should not preclude the Participant from participating in the Pre-Qualification Process, or the Tender Process or from executing the Pr oject, for the following reasons [ Please provide full details of the Offence and conviction and the reasons for not disqualifying the Participant]:
□ (i) To the best of my knowledge, no investigation is being conducted, nor indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is no criminal information relating to an Offence, regarding the Applicable Entity, in the police record [המשטרתי המרשם], as such term is defined in Sections 1 and 30 of the Criminal Information Law [המשטרתי מהמרשם מידע] (or any equivalent fore ign registration); with respect to which the relevant period pur suant to the Criminal Information and Rehabilitation Regulations (R estriction on the Disclosure of Information) (or any equivalent foreign law) – has not yet expired.
□ (i) An investigation is being conducted, or indictment has been served, against the Applicable Entity with respect to an Offen ce, and (ii) there is a criminal information relating to an Offence, regarding the A pplicable Entity, in the police record המרשם] [המשטרתיas such term is defined in Sections 1 and 30 of the Criminal Information Law
1. Only in the event the EPC Contractor exists at the Pre-Qualification Submission Date.
11. Addendum No.3
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2. Only in the event the O&M Contractor exists at the Pre-Qualification Submission Date.
[המשטרתי מהמרשם מידע] (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Information and Rehabi litation Regulations (Restriction on the Disclosure of Informati on – Limiting Informati on on Pending Cases where no Indictment has been filed) (or any equivalent foreign law) – has not yet expired;
but such information should not preclude the Participant from participating in the Pre-
Qualification Process or th e Tender Process or from executing the Project, for the following reasons [Please provide full details of the Offence and investigation / indictment and the reasons for not disqualifying the Participant]:
6. The Israeli Police is entitled to disclose to the Tender Committee information relating to the Applicable Entity, from the criminal record [הפלילי המרשם] and from the police record המרשם] [המשטרתיin accordance with the Criminal Info rmation Law and its Regulations, for the purpose of the Pre-Qualification Process or th e Tender Process, pursuant to Sections 14 and
30. of the Criminal Information Law.
7. The above consent shall also apply to the disc losure of criminal information to the Tender Committee from time to time, for the purpose of periodic review of any changes to the criminal information relating to the Applicable Entity.
8. I acknowledge that pursuant to the Criminal Info rmation Law, every person has the right to review information about themselves in the cr iminal record and the police criminal record.
9. I acknowledge that if there is any such record relating to the Applicable Entity, it shall not necessarily preclude participation in the Pre-Qualification Process or the Tender Process, and that I am entitled to provide information relating to rehabilitation or personal matters, in order for such information to be taken into account in the examination of the Pre-Qualification Submission (and the Bid), in accordance with the criteria set by Law.
10. I acknowledge and agree that in the event the Tender Committee or the State, as the case may be, disqualify the Participant or Bidder, as the case may be, or impose conditions on the Participant or the Bidder, as the case may be , or following the execution of the Agreement terminate the Agreement, based on criminal info rmation pertaining to th e Applicable Entity, the Participant, Bidder or Concessionaire/Project Company, as applicable, will be notified that such decision was due to pertaining to the App licable Entity, without detailing the content of such information.
11. I hereby waive the right to receive notice about the disclosure of criminal information pertaining to the Applicable Entity to th e Tender Committee, subject to the Criminal Information Law and its Regulations.
This is my name, this is my signature and all of the above is the truth.
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Date Name, Signature and Stamp
[in case the affidavit is given on behalf of a Referenced Entity – fill-in the below confirmation:]
I, , attorney-at-law, hereby do attest and confirm that is authorized to sign on behalf of , and to commit it for purposes of the above stated Pre-Qualification, for all purposes and intents.
Attorney-at-Law
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PRE-QUALIFICATION FORM “10”
FINANCIAL PRE-QUALIFICATION REQUIRERMENTS COMPLIANCE
(To be completed by the CEO or CFO of each Member or Guarantor, or by an equivalent position holder thereof)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
I, , the undersigned, am making this affidavit on behalf of ( name of Participating Entity) ("the Participating Entity"):
1. I hold the position of a CEO / CFO / Equivalent position: (circle the relevant option) and I am authorized to make this affidavit in the Participating Entity's name and on its behalf.
2. Attached as Annex A is the Participating Entity's relevant Financial Statement(s). The Financial Statement(s) attached comply with all the provisions set forth in Section 4.2 (Content and Submission Form) of the Invitation.
3. The Participating Entity's most recent and upda ted Financial Statement(s) are for the fiscal year(s) [the year(s) of most recent financial statements to be completed; For the removal of doubt, the year of most recent financial statement shall not be earlier than 2024; In the event the Participating Entity submitted Financial Statements for more than one year it shall state all the years]
4. In accordance with the financia l information included in th e Financial Statement(s), the Participating Entity complies with the relevant Financial Pre-Qualification Requirements, as follows (check applicable):
For a Participating Entity
which is not a Financial
Entity according to:
Alternative A
Alternative B
For a Participating Entity which
is a Financial Entity according to:
Section 4.1.5 of the Invitation
(applicable for Private Investment
Fund)
Page 35 of 36
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Section 4.1.6 of the Invitation
(applicable for Institutional Investor
or Banking Corporation)
Section 4.1.7 of the Invitation
(applicable for Investment Entity)
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
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PRE-QUALIFICATION FORM “10” - ANNEX A
FINANCIAL STATEMENTS
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative A, shall attach hereto its three (3) latest audited Financial Statements.
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre-Qualification Requirements according to Alternative B, or is a Financial Entity shall attach he reto its most recent audited Financial Statements.
תוכן המסמך: חוברת המכרז
מוצגים 50,000 התווים הראשונים מתוך 146,980 - המסמך המלא זמין בקישור שבהמשך.
1
Publication Version
B.O.T. PROJECT
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG
STORAGE FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION
2025
2
Publication Version
TABLE OF CONTENTS
1. INVITATION FOR PRE-QUALIFICATION _________________________________ 6
1.1. Definitions ___________________________________________________________ 6
1.2. Introduction and General Description of the Project ________________________ 14
1.3. The Pre-Qualification Process __________________________________________ 15
1.4. The Tender Process and Expected Requirements ___________________________ 15
1.5. Invitation for Pre-Qualification _________________________________________ 16
1.6. Anticipated Schedule _________________________________________________ 17
2. RULES AND PROCEDURES ____________________________________________ 17
2.1. Governing Law and Jurisdiction ________________________________________ 17
2.2. Preparation for Submission ____________________________________________ 17
2.3. The Invitation _______________________________________________________ 18
2.4. Priority of Documents _________________________________________________ 18
2.5. Severability _________________________________________________________ 18
2.6. Access to Documents and Registration ___________________________________ 18
2.7. Cost of Participation in the Pre-Qualification Process _______________________ 20
2.8. Language __________________________________________________________ 20
2.9. Requests for Clarifications _____________________________________________ 20
2.10. Addenda _________________________________________________________ 21
2.11. Site Visit and Conference ____________________________________________ 22
2.12. Intellectual Property Rights __________________________________________ 23
2.13. Information Supplied to the Participants _______________________________ 23
2.14. Advisors to the Tender Committee _____________________________________ 24
3. GENERAL PROVISIONS RELATING TO PARTICIPANTS __________________ 25
3.1. The Participant ______________________________________________________ 25
3.2. Members of the Participant ____________________________________________ 26 3
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3.4. Experience Providers _________________________________________________ 27
3.5. Participation – General Requirements ____________________________________ 28
3.6. Criminal Information _________________________________________________ 29
3.7. Authorized Representative _____________________________________________ 29
3.8. Participation in a Pre-Qualification Submission ___________________________ 30
3.9. Government Companies _______________________________________________ 30
3.10. Promotion of Competition and Reduction of Concentration Law, 2013 _______ 30
3.11. Security and Foreign Affair Considerations _____________________________ 31
3.12. Participating in Multiple Capacities ___________________________________ 31
4. PRE-QUALIFICATION REQUIREMENTS ________________________________ 33
4.1. The Financial Pre-Qualification Requirements ____________________________ 33
4.2. Content and Submission Form _________________________________________ 37
5. TECHNICAL PRE-QUALIFICATION REQUIREMENTS ____________________ 40
5.1. EPC Expert _________________________________________________________ 40
5.2. Design Experience Provider ____________________________________________ 41
5.3. Construction Experience Provider _______________________________________ 42
6. PRE-QUALIFICATION SUBMISSION ____________________________________ 43
6.1. Pre-Qualification Submission Letter _____________________________________ 43
6.2. Description of the Participant, Members, and Guarantors ____________________ 43
6.3. Receipt for Payment of Participation Fee _________________________________ 44
6.4. Identification of Sensitive or Classified Information ________________________ 44
7. METHOD OF SUBMISSION ____________________________________________ 44
7.1. Compliance with the Requirements of the Pre-Qualification Documents ________ 44
7.2. No Unauthorized Modification _________________________________________ 45
7.3. Language of the Pre-Qualification Submission ____________________________ 45
7.4. Signing of the Pre-Qualification Submission ______________________________ 45 4
Publication Version
7.5. Table of Contents ____________________________________________________ 45
7.6. Authorization of Signatures by an Attorney _______________________________ 46
7.7. Number of Pre-Qualification Submission Copies ___________________________ 46
7.8. Sealing and Marking of Pre-Qualification Submissions _____________________ 47
7.9. Pre-Qualification Submission Date ______________________________________ 47
7.10. Opening of Pre-Qualification Submissions ______________________________ 47
8. REVIEW AND EVALUATION OF PRE-QUALIFICATION SUBMISSIONS _____ 47
8.1. Review and Evaluation by the Tender Committee ___________________________ 47
8.2. Requests for Clarifications _____________________________________________ 48
8.3. Announcement of Eligible Participants ___________________________________ 49
8.4. Rejection of the Pre-Qualification Submissions ____________________________ 50
8.5. Intended Decision _______________________________________________________ 53
8.6. Disclosure of Documents _________________________________________________ 53
9. THE TENDER PROCESS _______________________________________________ 54
9.1. Issuance of the Tender Process Documents; Update Statement ________________ 54
9.2. Formation of a Special Purpose Vehicle __________________________________ 55
9.3. Reservation of Rights _________________________________________________ 56
9.4. Prerogatives of the Tender Committee ____________________________________ 57
9.5. Changes to a Participant/Eligible Participant, Member, Guarantor or Experience Provider __________________________________________________________________ 58 List of Appendices
Annex A - General Description of the Project
Annex B - Advisers to the Tender Committee
Annex C - Pre-Qualification Forms
Annex D - Form of Participants' Requests for Clarification of the Tender Documents 5
Publication Version
List of Pre-Qualification Forms (Annex C)
Pre-Qualification Form “1” - The Pr e-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” - EPC Expert Experience Pre-Qualification Form “7” - Design Experience Provider[Reserved]1 Pre-Qualification Form “8” - Construction Experience Provider[Reserved]2 Pre-Qualification Form “9” - Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre-Qualification Requirements Compliance
1. Addendum No.3
2. Addendum No.3
6
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1. INVITATION FOR PRE-QUALIFICATION
1.1. Definitions
1.1.1.
1.1.2.
1.1.3.
1.1.4.
1.1.5.
1.1.6.
1.1.7.
1.1.8.
1.1.9.
1.1.10.
1.1.11.
1.1.12.
1.1.13.
“Addendum” or
“Addenda”
Shall have the meaning ascribed thereto in Section 2.10.1 of this Invitation.
“Advisors” Shall have the meaning ascribed thereto in Section 2.14.2 of this Invitation.
“Agreement” Shall mean the agreement which will be signed between the Tender Committee and the Successful Bidder for the execution of the Project.
“Anticipated
Holdings”
Shall mean the intended share of holdings of each Member in the Participant, to the extent applicable, as described in Pre-Qualification Form ”2” (THE PARTICIPANT).
“Authorized
Representative”
Shall have the meaning ascribed thereto in Section 3.7.1 of this Invitation.
“Average
Operating Cash
Flow”
Shall have the meaning ascribed thereto in Section 4.1.1 (Financial Pre-Qualification Requirements; Operating Cash Flow) of this Invitation.
“Banking
Corporation”
Shall mean (i) each of the Entities listed in Section 4 of Schedule 1 of the Securities Law 1968; and\or (ii) with respect to an Entity registered outside the State of Israel – a similar Entity pursuant to applicable law under the applicable jurisdiction.
“Baza” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
“Bazan” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
“Bid” Shall mean the bid submissi on submitted by an Eligible Participant within the Tender Process.
“Bid Submission
Date”
Shall mean the deadline for submitting a Bid during the Tender Process, as shall be specified in the Tender Process Documents.
“Business Day” Shall mean any working day (excluding, Friday and Saturday) on which banks are open for business in Israel.
“Commitments” Shall mean the overall amount of all financial commitments made available to a Private Investment Fund by its limited partners.
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1.1.14.
1.1.15.
1.1.16.
1.1.17.
1.1.18.
1.1.19.
1.1.20.
1.1.21.
1.1.22.
1.1.23.
1.1.24.
“Competition
Law”
Shall mean the Promotion of Competition and Reduction of Concentration Law, 5774-2013.
“Completion” or
“Completed”
Shall mean the delivery of the referenced project to the client, or the commencement of its operation in accordance with its intended use.
“Conference” Shall have the meaning ascribed thereto in Section 2.11.1 of this Invitation.
“Construction” Shall mean the procurement, supply and construction, installation, testing, commissioning and Completion of a referenced project.
“Construction
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.3 of this Invitation.
“Contract Value” Shall mean the total amount of all payments which were paid to the applicable Entity executing the referenced Infrastructure Project up until the Completion, pursuant to the applicable contract ex cluding VAT, interest and indexation.
“Control” Shall have the meaning ascribed thereto in the Securities Law 1968.
“Criminal
Information
Affidavit”
shall mean Pre-Qualification Form "9" ( Criminal Information Affidavit).
"Criminal
Information and
Rehabilitation
Regulations
(Restriction on the
Disclosure of
Information)"
shall mean the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information –
Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Criminal
Information Law"
shall mean the Criminal Information and Rehabilitation Law, 5779-2019.
“Declared Entity” Shall mean an entity: (i) declared pursuant to Section 3 and\or Section 9 of the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) declared pursuant to Section 3 and\or 4 of Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018;
and/or (iii) listed by the Israeli Sanctions Administration (“הס מטהaccording to any applicable Law.
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1.1.25.
1.1.26.
1.1.27.
1.1.28.
1.1.29.
1.1.30.
1.1.31.
1.1.32.
1.1.33.
1.1.34.
1.1.35.
1.1.36.
“Design” Shall mean the detailed design process without the need for any additional studies or further development of the design.
“Design
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.2 of this Invitation.
“Deviation” Shall mean any deviation, am endment, omission, addition, condition, reservation or qualification of the contents of this Invitation, including of the Pre-Qualification Requirements, made by the Participant in its Pre-Qualification Submission.
“Effectively” Shall mean the effective percentage of all Means of Control held by Entity “A” in Entity “X”, calculated by multiplying the percentages of Means of Control held by Entity “A” in each of the Entities in chain of holdings between Entity “A” and Entity “X”.
e.g., if Entity “A” holds 50% of all Means of Control of Entity “B” which holds 50% of all Means of Control of Entity “X”, then Entity “A” Effectively holds 25% of all Means of Control Entity “X”.
“Eligible
Participant”
Shall have the meaning ascribed thereto in Section 8.3 (Announcement of Eligible Participants) of this Invitation.
“Entity” Shall mean any incorporated body recognized by law within its domicile, including non-inco rporated joint venture of incorporated bodies, but excluding individuals .
“EPC Contract” Shall mean a single contra ct pursuant to which the responsibility for both the desi gn and the construction of a referenced project, including the warranty with respect thereto, is assumed by a single Entity.
“EPC
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
“EPC Expert” Shall have the meaning ascribed thereto in Section 3.4.1 of this Invitation.
“Experience
Provider(s)”
Shall mean each of the EPC Expert, Construction Experience Provider and Design Experience Provider.
“Facility” Shall have the meaning ascribed thereto in Section 1.2.3 of this Invitation.
“Financial Entity” Shall mean: (i) a Private Investment Fund; or (ii) a Banking Corporation; or (iii) an Inst itutional Investor; or (iv) an Investment Entity.
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1.1.37.
1.1.38.
1.1.39.
1.1.40.
1.1.41.
1.1.42.
1.1.43.
1.1.44.
1.1.45.
“Financial Pre-
Qualification
Requirement(s)”
Shall mean the requirements detailed in Section 4.1 of this Invitation.
“Financial
Statement(s)”
Shall mean, for each Entity, its annual audited consolidated financial statement which incl udes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation; in the event such Entity does not have audited consolidated financial statement as specified above, then such Entity shall issue its annual audited solo financial statement which includes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation.
“Fund Manager” Shall mean an individual (i) responsible for implementing the Private Investment Fu nd's investing strategy and managing its portfolio trading activities; and (ii) authorized to sign on behalf of the Private Investment Fund and to commit it for purposes of this Pre-Qualification Process, for all purposes and intents.
“Gas Law” Shall mean the Gas Law (Safety and Licensing), 5749–1989, and all regulations promulga ted thereunder, as amended from time to time.
“General
Partner”
A general partner of a Private Investment Fund who is responsible for the overall ma nagement and administration of the Private Investment Fund.
“Guaranteed
Portion”
Shall have the meaning ascribed thereto in Section 4.1.4.2 of this Invitation.
“Guarantor” Shall have the meaning ascribed thereto in Section 3.3 (Guarantor) of this Invitation.
“Increased
Required Equity”
Shall have the meaning ascribed thereto in Section 4.1.3 (Financial Pre-Qualificati on Requirements; Increased Equity) of this Invitation.
“Infrastructure
Project”
Shall mean a project for the Design and Construction of a large-scale infrastructure, in cluding without limitation any of the following: LPG storag e facility, power generation facility, rail project, hi ghway project, tunnel, water desalination facility, hospital, port, airport, or a complex of buildings such as government, mi litary or police training base.
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1.1.46.
1.1.47.
1.1.48.
1.1.49.
1.1.50.
1.1.51.
1.1.52.
“Institutional
Investor”
Shall mean each of the Entities listed in Sections 1-3 of Schedule 1 of the Securities La w 1968 and/or with respect to an Entity registered outsi de Israel – a similar Entity pursuant to the applicable law under the applicable jurisdiction.
“Interested
Party”
Shall mean
with respect to Entity1: (a) any Entity or individual directly holding at least 15% of any of the Means of Control of Entity 1 (in this definition: “ Entity2”); (b) any Entity or individual Effectively holding at least 70% of any of the Means of Control of Entity2; (c) the CEO of Entity1; or (d) any of the directors of Entity1.
“Investment
Entity”
Shall have the meaning ascribed thereto in the International Financial Reporting Standard (IFRS) 10 (Consolidated Financial Statements).
“Invitation” Shall mean this invitation for pre-qualification including all Annexes thereof.
“Law(s)” The various national (state) laws and legislation, statutes, ordinance, codes, and regulations (including the Regulations), as enacted by the State of Israel, and any by-
laws, codes, regulations enacted by the relevant authorities or municipalities, and preceden ts of relevant competent judicial authorities in Israel; all as modified, amended, replaced or created from time to time.
“Liquefied
Petroleum Gas
Law”
Shall mean the Liquefied Petroleum Gas Law, 5741-2020, and all regulations promulga ted thereunder, as amended from time to time.
“Main
Contractor”
Shall mean an entity which is directly accountable by itself or jointly and severally as part of a joint venture for the execution of the engineering, procurement and construction of the referenced project, bearing all the risks related to the execution thereof, including its management and administration and the engagement and coordination of all subcontractors. For the avoi dance of doubt, entities which are accountable for the executio n of the referenced project under a concession agreement due (only) to their position as the Concessionaire (or a member thereof) will not be considered as Main Contractor under this definition.
11
Publication Version
1.1.53.
1.1.54.
1.1.55.
1.1.56.
1.1.57.
1.1.58.
1.1.59.
1.1.60.
1.1.61.
1.1.62.
1.1.63.
1.1.64.
“Means of
Control”
Shall have the meaning ascribed thereto in the Securities Law 1968.
Notwithstanding the above, with respect to a joint venture shall mean the power to impose professional decisions on the joint venture and the power to veto decisions made by the joint venture.
“Member(s)” Shall have the meaning ascrib ed thereto in Section 3.2.1 (Members of the Participant) of this Invitation.
“Minimal
Required Equity”
Shall have the meaning ascribed thereto in Section 4.1.2 (Financial Pre-Qualification Requirements; Equity) of this Invitation.
“Offence” shall mean: (i) the criminal offences included in Sections 6-
10. of Annex 4 ]הרביעית התוספת[ to the Criminal Information Law, 5779-2019, (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977;
(iii) similar offences under foreign laws; whether committed in Israel or abroad.
"Office Holder" Shall have the meaning ascribed to the term "משרה נושאin the Companies Law, 5759-1999.
“O&M
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
“O&M Expert” Shall have the meaning ascribed thereto in Section 1.4.2.2 of this Invitation.
“"Origin
al
Member”
Shall mean each of the Members detailed in Pre-
Qualification Form “2” of a Participant or Eligible Participant (as applicable), which was submitted at the Pre-
Qualification Submission Date.
“Parent
Company”
Shall mean with respect to a specified Entity, the Entity which Controls such specified Entity “Participant” Shall have the meaning ascrib ed thereto in Section 3.1.1 (The Participant) of this Invitation.
“Participating
Entity”
Shall mean each of the following Entities: the Participant, Member, Guarantor and EPC Expert.
“Participation
Fee”
Shall have the meaning ascribed thereto in Section 2.6.2 of this Invitation.
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Publication Version
1.1.65.
1.1.66.
1.1.67.
1.1.68.
1.1.69.
1.1.70.
1.1.71.
1.1.72.
3
1.1.73.
4
1.1.74.
1.1.75.
3. Addendum No.1 and Addendum No.3
4. Addendum No.1
“Pre-Qualification
Documents”
Shall mean this Invitation, its Appendices, the Pre-
Qualification Forms and any other document issued by the Tender Committee during the Pre-Qualification Process.
“Pre-Qualification
Forms”
Shall mean the forms attached hereto as forms 1-10 which each Participant is required to complete, execute and submit as part of its Pre-Qualification Submission.
“Pre-Qualification
Process”
Shall have the meaning ascribed thereto in Section 1.2.1 (Introduction and General De scription of the Project;
Preface) of this Invitation; without derogating from the foregoing, shall mean the first stage of the Tender, ending upon the announcement of Eligible Participants which will be invited to participate in the Tender Process.
“Pre-Qualification
Submission Date”
Shall have the meaning ascribed thereto in Section 7.9 (Pre-
Qualification Submission Date) of this Invitation.
“Pre-Qualification
Submission(s)”
Shall mean a submission by the participants of the required documents and forms in accordance with the provisions of this Invitation.
“Pre-Qualification
Requirement(s)”
Shall mean the Financial Pre-Qualification Requirements and Technical Pre-Qualification Requirements.
“Private
Investment Fund”
Shall mean an Entity incorporated for the purpose of making financial investments in which: (i) at least 50% of its Commitments (at any given time), is provided by Institutional Investors; and (ii) has a General Partner.
“Process
Facilities”
Shall mean chemical or petroc hemical facilities, refineries, natural gas, and/or LPG facilities, water desalination plants, thermo solar power plants or natural gas‑fired power plants, and wastewater treatment plants.
“Process Piping
Systems”
Shall mean the network of pi pes, fittings, valves, and associated components us ed for the conveyance, distribution, control, and co ntainment of process fluids (including gases, vapors , and liquids) within Process Facilitiesindustrial facilities, including refineries, petrochemical plants, gas storage and distribution facilities, and similar process installations.
“Project” Shall have the meaning ascribed thereto in Section 1.2.1.1 (Introduction and General Description of the Project;
Preface) of this Invitation.
“Regulations” Shall mean the Mandatory Tender Regulations 1993, as amended from time to time.
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Publication Version
1.1.76.
1.1.77.
1.1.78.
1.1.79.
1.1.80.
1.1.81.
1.1.82.
1.1.83.
1.1.84.
1.1.85.
“Related Entity” Shall have the meaning ascribed to such term (“קשור גורם ” applicable, as ", גורמים הקשורים לתאגיד הזר המסייעor including derivatives thereof), pursuant to: (i) the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) the Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018.
“"Relevant
Entity(ies)”"
Shall mean each of the following: (i) Member, (ii) Chairman of the Board of Directors of a Member, (iii) Chief Executive Officer of a Member, (iv) Any Office Holder of a Member, which is significantly involve d in the Pre-Qualification Process, in the Tender Process or in the Project, (v)
Guarantor, (vi) Experience Pr oviders, (vii) EPC Contractor (to the extent the EPC Contractor exists at the Pre-
Qualification Submission Date) and (viii) O&M Contractor (to the extent the O&M Contractor exists at the Pre-
Qualification Submission Date) .
“Relying Entity” Shall have the meaning ascribed thereto in Section 2.9.1 of this Invitation.
“Request(s) for
Clarifications”
Shall have the meaning ascrib ed thereto in Section 2.9.1 (Requests for Clarifications) of this Invitation.
“SPC” special purpose company incorporated under the Laws.
“SPV” or “Special
Purpose Vehicle” Shall mean a SPC or a sp ecial purpose partnership incorporated under the Laws, that the sole purpose of which shall be the participation in the Tender Process, the submission of a Bid therein and the execution of the Project (if eventually selected to do so), all in accordance with the provisions of the Tender Process Documents.
“Successful
Bidder”
Shall mean the Eligible Participant awarded with the Agreement pursuant to the completion of the Tender Process.
“Technical Pre-
Qualification
Requirements”
Shall mean the requirements detailed under Section 5 of this Invitation.
“Tender” Shall have the meaning ascribed thereto in Section 1.2.2 (Introduction and General Desc ription of the Project; The Selection Process and the Tender Stages) of this Invitation.
“Tender
Committee”
Shall mean the committee appointed by the Government of the State of Israel in accordance with the provisions of the Regulations, in order to control and manage the Pre-
Qualification Process and the Tender Process.
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1.1.86.
1.1.87.
1.1.88.
1.1.89.
1.1.90.
1.1.91.
1.1.92.
1.2. Introduction and General Description of the Project
1.2.1. Preface
1.2.1.1. The Government of the State of Israel, operating through the Tender Committee, hereby invites Entities to participate in the Pre-
Qualification Process in relation to a project for the finance, design, construction, operation, maintenance and transfer of an LPG Storage Facility, all in accordance with the provisions of the Pre-Qualification Documents, including all Annexes thereof (the " Pre-Qualification Process" and the "Project", respectively).
1.2.1.2. The Tender Committee is issuing this Invitation as part of a tender for the execution of the Project with a pre-qualification stage.
1.2.2. The Selection Process and the Tender Stages
The Tender Committee intends to select the Successful Bidder which will execute the Project through a competitive process with the following two stages (the "Tender"):
“Tender
Documents”
Shall mean the Pre-Qualification Documents and the Tender Process Documents.
“Tender Process
Documents”
Shall mean all documents which shall be issued as part of the Tender Process, including the request for proposals and all forms provided therein, th e Agreement, the technical volumes and all appendices attached therein, and any other document which will be issued by the Tender Committee during the Tender Process.
“Tender Process” Shall mean the second stage of the selection process (including any additional st ages following the Pre-
Qualification Process), in which Eligible Participants will submit their Bids and a Succe ssful Bidder for the Project shall be selected.
“Unutilized
Commitments”
Shall mean the overall amount of Commitments deducted by funds invested and funds comm itted to be invested by the Private Investment Fund.
“Update
Statement”
Shall have the meaning ascrib ed thereto in Section 9.1.1 (General) of this Invitation.
“Updated
Financial
Statements”
Shall have the meaning ascrib ed thereto in Section 9.1.2 (Updated Financial Statements) of this Invitation.
“Website” Shall have the meaning ascribed thereto in Section 2.6.1 of this Invitation.
15
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1.2.2.1. this Pre-Qualification Process; and
1.2.2.2. the Tender Process.
1.2.3. General Description of the Project
Without derogating from the provi sions of the Pre-Qualification Documents, hereunder is only a general, indicative and non-binding description of the Project. It is hereby clarified that the actual scope of works shall be determined in the Tender Process Documents.
The Project includes the finance, design, construction, operation, maintenance and transfer of an LPG St orage Facility as further detailed in Annex A (General Description of the Project) (the "Facility").
The term of the Agreement: the term of the Agreement shall be determined in the Tender Process Documents and shall include a development phase, construction phase and operation and maintenance phase.
1.3. The Pre-Qualification Process
1.3.1. The purpose of this Pre-Qualification Process is to identify Eligible Participants, who will be invited to participate in the Tender Process.
1.3.2. During the Pre-Qualification Process, Participants will be required to submit Pre-
Qualification Submissions, in accordance with the provisions of this Invitation, in order to demonstrate their compliance with all Pre- Qualification Requirements and all other applicable provisions of this Invitation.
1.3.3. Pre-Qualification Submissions submitted by the Participants will be evaluated by the Tender Committee, in accordance with the provisions of this Invitation.
Without derogating from the provisions of Section 8 ( REVIEW AND EVALUATION OF PRE-QUALIFICATION SUBMISSIONS) of this Invitation, at the e nd of its evaluation, the Tender Committee will announce the Eligible Participants. Only those Participants that were announced as Eligible Particip ants, will be invited to participate in the Tender Process.
1.4. The Tender Process and Expected Requirements
1.4.1. Following the completion of the Pre- Qualification Process, the Tender Committee intends to invite the Eligible Participants to participate in the Tender Process and submit Bids for the execution of the Project.
1.4.2. The EPC Contractor, O&M Contractor and O&M Expert
1.4.2.1. As shall further be elaborated in the Tender Process Documents, the Successful Bidder will be required to engage an EPC Contractor which shall assume on a "back-to-back" ba sis the engineering, procurement and construction obligations of th e Successful Bidde r vis-à-vis the State ("EPC Contractor"), and 16
Publication Version
an O&M Contractor which sha ll assume on a "back-to-back"
basis the operation and maintenance obligations of the Successful Bidder vis-à-vis the State ("O&M Contractor").
1.4.2.2. As shall further be elaborated in the Tender Process Documents, the Successful BidderEligible Participants will be required to demonstrate to the satisfaction of the Tender Committee, as a pre-condition for executing the Agreementshall be set forth in the Tender Process Documents,5 that an Entity or Entities meet(s) the following certain requirements regarding operation and maintenance of the LPG Storage Facility ("O&M Expert")6:
1.4.2.2.1. Within the ten (10) years immediately preceding the submission date of the applicab le Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating a liquid gas storage facility with a minimum capacity of 250 tons, commencing after the completion of such facility; and
1.4.2.2.2. Within the ten (10) years immediately preceding the submission date of the applicab le Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating Process Piping Systems in industrial facilities, including pressure control systems, commencing after the Completion of such Process Piping Systems.7
1.4.2.3. [Reserved]Each of the requirements se t forth in Sections 1.4.2.2.1 and
1.4.2.3. 1.4.2.2.2 above may be satisfied either by the same Entity or by two (2) separate Entities.8
1.4.2.4. [Reserved]An O&M Expert shall be allowed to present and rely on the experience of a Relying Entity.9
1.4.2.5. [Reserved]As shall further be elaborated in the Tender Process Documents, the O&M Expert(s) sha ll be responsible for the overall management and coordination of all O&M functions of the Project, as follows:10
1.4.2.5.1. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by the same O&M Expert – either as the O&M Contractor itself, or as a member holding directly at least 50% of all the Means of Control in the O&M Contractor.
1.4.2.5.2. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by two (2)
separate O&M Experts – each O&M Expert shall hold directly at least 25% of all the Means of Control in the
5. Addendum No. 1
6. Addendum No. 2
7. Addendum No. 2
8. Addendum No.2
9. Addendum No.2
10. Addendum No.2
17
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O&M Contractor.
1.5. Invitation for Pre-Qualification
The Tender Committee hereby invites Entities to participate in the Pre-
Qualification Process, according to the terms and conditions of this Invitation.
1.6. Anticipated Schedule
The anticipated schedule for the Pre-Qualification Process is as follows:
1.6.1 Publication of the Invitation for Pre-
Qualification
- 31.12.25
1.6.2 Final date for the Submission of
Requests for Clarifications in
accordance with Section 2.9 ( Requests
for Clarification) of this Invitation.
- 3130.0506.26
11
15.07.2612
1.6.3 Pre-Qualification Submission Date - 30567.0708.
17.8.2613
The Tender Committee reserves the right to amend any date contained herein, at any time, at its sole discretion by issuing a written clarification or Addenda to this Invitation in accordance with th e provisions of Section 2.10 ( Addenda) of this Invitation.
2. RULES AND PROCEDURES
2.1. Governing Law and Jurisdiction
2.1.1. Jurisdiction
The Pre-Qualification Process and the Pre-Qualification Documents shall be governed and construed in accordance with the provisions of the Laws of the State of Israel, including th e Mandatory Tenders Law 1992, and the Regulations.
2.1.2. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process and the Tender Process.
2.1.3. Waiver
Each Participating Entity and anyone on their behalf, hereby waives any right to seek an injunction with any court, in any legal proceeding, with respect to this process, against the Tender Committee and/or anyone on its behalf and/or against any of the other Participants, including the Eligible Participants, and shall be prohibited from seeking an injunction in such
11. Addendum No. 2
12. Addendum No.3
13. Addendum No.3
18
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process.
2.1.4. The foregoing does not derogate from the obligation of a Participating Entity and anyone on their behalf, to address the Tender Committee, in writing, with a specific and detailed claim or complaint.
2.2. Preparation for Submission
2.2.1. By submitting a Pre-Qualification S ubmission each Participating Entity, and anyone on their behalf confirms that it has received the complete set of Pre-
Qualification Documents, that it has read, considered and understood the Pre-
Qualification Documents, and that it accepts the terms and conditions thereof and all obligations and undertakings specified or implied therein.
2.2.2. Each Participating Entity, and anyone on their behalf shall be deemed to have the knowledge of any relevant Law with respect to the Pre- Qualification Process, the Tender and the Project, including wi thout limitation the Gas Law and/or Liquefied Petroleum Gas Law. The Pre- Qualification Submissions shall be prepared and submitted in accordance with any applicable Law, and the Participating Entities and anyone on their behalf are assumed to have obtained professional advice with respect to the relevant disciplines, including legal, financial and technical disciplines, for participating in the Pre-Qualification Process.
2.3. The Invitation
The Pre-Qualification Documents include th is invitation for pre-qualification, its Appendices, the Pre-Qualifi cation Forms and any other document issued by the Tender Committee during the Pre-Qualific ation Process. Without derogating from the provisions of Sections 7.1 ( Compliance with the Requirements of the Pre-
Qualification Documents ) and 7.2 ( No Unauthorized Modification ), the Pre-
Qualification Forms shall be provided to all Participants also in MS-Word file.
2.4. Priority of Documents
In the event of discrepancies between any of the provisions of this Invitation, the stricter provision, as determined by th e Tender Committee at its sole discretion, shall prevail, unless otherwise determined by the Tender Committee and approved in writing. Any discrepancy shall be brought to the attention of the Tender Committee as soon as possible.
2.5. Severability
The invalidity or unenforceability of a ny part, provision or se ction of the Pre-
Qualification Documents shall not affect the validity or enforceability of other parts, provisions or sections thereof. Any inva lid or unenforceable part, provision or section shall be deemed severed from the Pre-Qualification Documents, and the Pre-
Qualification Documents shall be construed and enforced as if this Invitation did not contain such invalid or unenforceable part, provision or section.
2.6. Access to Documents and Registration
2.6.1. Any Entity wishing to participate in the Pre-Qualification Process may view the Pre-Qualification Documents by sending Ms. Sapir Peretz a request (via email address: PPP-LPG@inbal.co.il) to receive the Pre-Qualification Documents by 19
Publication Version
email, or at the following website:
https://mr.gov.il/ilgstorefront/he/p/4000612580 (the “Website”).
2.6.2. As a pre-condition for the participation in the Tender, including the submission of Requests for Clarifications and the submission of the Pre- Qualification Submission, each Participant shall pay a participation fee in an amount of NIS 10,000 (VAT included) (the “Participation Fee”).
2.6.3. The Participation Fee shall be paid by any of the following methods:
2.6.3.1. By an Israeli credit card, at the following website:
https://ecom.gov.il/counterspa/home/62/1/AccountantGeneral_ 1_FastLanes
2.6.3.2. By a bank transfer from an Israeli bank account – to the Bank of Israel (bank code: 99, branch code: 001), bank account number
1310010081303. (Accountant General – NIS income account).
2.6.3.3. By a bank transfer from a foreign bank account:
Final Beneficiary Bank = Bank of Israel, Jerusalem Swift code = ISRAILIR Beneficiary Name = Accountant General – NIS income account Beneficiary IBAN = ILS370990011310010081303 Text in Field 72: TTC/613
2.6.4. Without derogating from the provisions of Section 9.3 ( Reservation of Rights )
the Participation Fee shall not be refunded in any way.
2.6.5. Participants shall submit a copy of the receipt for the payment of the Participation Fee as well as the Participant’s contact details ( inter alia , the name of the Participant, its Authorized Representative, address, phone number, fax number, address, email address etc.) to Ms. Sapi r Peretz, the Coordinator of the Tender Committee, via email address:
PPP-LPG@inbal.co.il.
2.6.6. It is hereby clarified that the Tender Committee or anyone on its behalf shall not be responsible in any respect for any da mage or loss of any kind whatsoever, suffered by a Participant or anyone on its behalf, due to an error or omission with respect to any information provided by a Participant under this Section.
2.6.7. It is hereby clarified that an Entity wh o has not paid the Participation Fee may submit Requests for Clarifications a nd/or a Pre-Qualification Submission, provided that the right to participate pursuant to the payment of the Participation Fee was assigned or transferred from an Entity entitled to participate. A person or an Entity may pay the Participation Fee on behalf of another Entity. For the avoidance of doubt, any singl e Participation Fee shall entitle the submission of one (1) Pre-Qualification Submission.
20
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2.6.8. Participants shall be re sponsible for informing th e Tender Committee of any change in their contact details.
2.6.9. It is hereby emphasized that the paym ent of the Participation Fee does not constitute recognition of an Entity’s (including a Participants) eligibility, qualifications or competence to meet the requirements of this Invitation.
2.7. Cost of Participation in the Pre-Qualification Process The Participating Entities and anyone on thei r behalf, will solely bear any and all costs and expenses connected with partic ipation in the Pre-Qualification Process and the preparation of the Pre-Qualificat ion Submission(s) as incurred by such, regardless of any amendments made to the requirements herein by the Tender Committee, and will not be reimbursed or otherwise compensated by the Tender Committee and/or anyone on its behalf, fo r any costs or expenses so incurred thereby, including in the event of termin ation of the Pre-Qualification Process for any reason whatsoever.
2.8. Language
This Invitation is published in English. Notwithstanding the foregoing, the Tender Committee reserves the right to issue a Hebrew version of this Invitation or any part of the Pre-Qualification Documents, and to determine the order of precedence in case of any discrepancy between the provi sions of the English version and the provisions of the Hebrew version, at a ny time. In addition, the Tender Committee reserves the right to conduct its business in Hebrew or English, including in meetings, discussions, correspondences, negotiations, etc.
2.9. Requests for Clarifications
2.9.1. Participants who have paid the Partic ipation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5 above, may raise questions and requests for clarifications or interpretations to the Pre-Qualification Documents, in writing, by no later than the deadline for the submission of requests for clarifications as set forth in Section 1.6 ( Anticipated Schedule) (“ Request(s) for Clarification(s) ”) above. Such Requests for Clarifications shall be addressed to:
Mr. Gal Lando, Chairman of the Tender Committee Via: Ms. Sapir Peretz, Coordinator of the Tender Committee, email address:
PPP-LPG@inbal.co.il
Participants shall verify the receipt of Requests for Clarifications by the Tender Committee.
2.9.2. Requests for Clarifications shall be submitted via email in a signed PDF file and in an open for editing MS-Excel file, in the form of Annex D (Form of Participants' Requests for Clarification of the Tender Documents).
The Tender Committee reserves the right to ignore Requests for Clarifications which are not submitted in accordance with the requirements of submission specified in this Section 2.9.2.
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2.9.3. The Tender Committee may request Participants to provide clarifications to any part of their Request for Clarifications as described in Section 8.2 ( Requests for Clarifications) below, including by way of meeti ng with the Participants or any of them.
2.9.4. The Tender Committee has no obligation to clarify or interpret this Invitation, to respond to any specific question or to publish any of the Requests for Clarifications submitted to it. Without derogating from the generality of the above, the Tender Committee reserves the right not to respond to a Request for Clarification submitted by an Entity who has not paid the Participation Fee.
2.9.5. In its response to a Request for Clarification the Tender Committee may, rephrase any Request for Clarification including adding to the original language or omitting from the original language, as it shall deem fit under the circumstances.
It is further clarified that any response or non-response by the Tender Committee to any Request for Clarification by Bidders shall not be construed as approval or agreement, unless explicitly stated so by the Tender Committee, in writing.
2.9.6. The Tender Committee's responses shall be distributed to the Participants as an Addendum in accordance with Section 2.10 below.
2.9.7. Any Request for Clarification of the Pre-Qualification Documents raised at a date following the deadline for the submission thereof as provided in Section 1.6 (Anticipated Schedule ), will be accepted or rejected, answered or not, at the discretion of the Tender Committee.
2.9.8. For the avoidance of doubt, a response by the Tender Committee to any Request for Clarification shall not derogate from the discretion or the prerogative of the Tender Committee under any Law and under this Invitation, including under Section 2.10 (Addenda).
2.10. Addenda
2.10.1. Notwithstanding any of the provisions of the Pre-Qualification Documents and without derogating from th e discretion of the Tender Committee under the provisions of Section 9.3 (Reservation of Rights), the Tender Committee reserves the right to revise, modify, amend, clarif y, add, eliminate or otherwise change the Pre-Qualification Documents or any pa rt thereof, including, but not limited to, any instruction, requirement, specification, Pre-Qualification Requirement(s)
or date contained therein, at any time , whether at the disc retion of the Tender Committee or as a result of a Request fo r Clarification. Such revisions, if any, shall be announced by written clarificatio n or addenda to the Pre-Qualification Documents (“Addenda” or “Addendum”, as applicable) and will be deemed an integral part of this Invitation.
2.10.2. The Tender Committee shall not be bound by, and Participants shall not rely on, any oral clarification to the Pre-Qualification Documents.
2.10.3. For the avoidance of doubt, no clarifi cation or amendment to the Pre-
Qualification Documents shall be binding unless issued in the form of an Addendum.
2.10.4. Copies of Addenda published by the Tender Committee shall be published at the Website and furnished to all Entities or Participants who have paid the 22
Publication Version
Participation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5.
2.10.5. Should any Addendum result from any Request for Clarification submitted by a Participant, the identity of such Entity or Participant shall not be disclosed.
2.10.6. Participants are required to acknowledge r eceipt of Addenda in writing no later than two (2) Business Days following receipt thereof. Such acknowledgements shall be sent to the Tender Committee's address as described in Section 2.9 (Requests for Clarifications) above.
2.10.7. Without derogating from the generality of the provisions of Sections 1.6 (Anticipated Schedule) and 2.10 ( Addenda) above, the Tender Committee may postpone the Pre-Qualification Submissi on Date, or any other date herein, by such number of days as shall be necessary in the opinion of the Tender Committee and may repeat this process if necessary. The announcement of a new Pre-Qualification Submission Date, if any, shall be by an Addendum in according with Section 2.10 ( Addenda), and all of the provisions with respect to the previous Pre-Qualification Submission Date shall apply to such new date, including any Addendum, unless otherwise specified in the Addenda with regard to the postponement. Nothing in this Section shall be construed as an obligation by the Tender Committee to grant an extension.
2.11. Site Visit and Conference
2.11.1. The Tender Committee reserves the right to hold a conference and/or a site visit (the "Conference"), which will take place at the location and at the time to be announced by the Tender Committee.
2.11.2. The Tender Committee may limit the number of participants on behalf of a Participant in the Conference, and ma y request a prior confirmation for participation in the Conference.
2.11.3. It is hereby clarified that the participation of the Participant or its Authorized Representative in the Conference shall not be a Pre- Qualification Requirement nor a requirement for submission of the Pre- Qualification Submissions, and shall not be mandatory.
2.11.4. At the Conference, the Tender Committee may answer questions referred to it by Participants. However, it is hereby clarified that the Tender Committee shall not be bound by, and Participants shall not rely on, any oral representation or information made by the Tender Comm ittee or Participants during the Conference, and any such information shall be provided for informative purposes only. Only an Addenda or written minut es issued by the Tender Committee, if issued, following the Conference in accord ance with the provisions of Section
2.10 (Addenda) above, shall be binding.
2.12. Intellectual Property Rights
The Pre-Qualification Documents and a ny and all intellectual property rights therein, including any professional and general matters with respect to the Project, are exclusively owned by the Tender Committee and are supplied to the Participants solely for the purpose of participation in the Pre-Qualification Process.
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2.13. Information Supplied to the Participants
2.13.1. The description of the Project detailed in each section of this Invitation is general and indicative only. The actual scope of works and further particulars with respect to the Project may differ from the description thereof in this Invitation.
2.13.2. In any event and without derogating from the foregoing, to the extant applicable during the Pre-Qualification Process, Participants are required to independently examine and verify all aspects of the Project, inter alia, the Site, its borders and surrounding, all statutory plans relating thereto, the Pre- Qualification Documents and any other legal, organizational, opera tional, technical or financial detail relevant to the Pre-Qualification Submission.
2.13.3. The Tender Committee does not represent or warrant that the information contained in the Pre-Qualification Documents or any other information which it or anyone on its behalf is making available to Participants, is either complete or accurate or has undergone any indepe ndent verification of the Tender Committee, and the Tender Committee shall not be responsible for such information and/or any use of such information by the Participants and/or anyone on their behalf and/or the Successful Bidder and/or anyone on its behalf.
2.13.4. The issuance of the Pre-Qualification Documents, including any information and data provided therein or by the Tender Committee or anyone on its behalf, shall not be construed as giving rise to or cr eating any representation, undertaking or warranty by the Tender Committee or anyone on its behalf with respect to the Project and its execution.
2.13.5. It is expressly understood that any relian ce of a Participating Entity and/or any Entity and/or anyone on their behalf, including their employees, officers, agents, or any other persons for whom Particip ants may be contractually or legally responsible or accountable, on a ny information contained in the Pre-
Qualification Documents or provid
תוכן המסמך: מענה לשאלות הבהרה
STATE OF ISRAEL
1
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS
June 24, 2026
To:
All Participants
Re: Invitation for Pre-Qualification No. 12/2025 in relation to Participation in a Tender for Finance, Design, Construction, Operation and Maintenance of an LPG Storage Facility at Yavor (the "Invitation")
Clarifications and Addendum No. 3
1. Pursuant to the Invitation issued on December 31, 2025, and in accordance with the provisions thereof, the Participants are hereby notified of the clarifications and addenda to the Invitation, as set forth in and attached hereto as Annex A.
2. The final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of the Invitation is postponed to 15.7.2026.
3. The Pre-Qualification Submission Date is hereby postponed to 17.08.2026.
4. The issuance of this Addendum shall not derogate from, waive, prejudice, or otherwise limit any of the Tender Committee's rights, powers, remedies, or prerogatives under the Invitation or applicable Law.
5. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Pre-Qualification Documents.
Respectfully yours,
Gal Lando
Chairman of the Tender Committee
CC: Members of the Tender Committee
STATE OF ISRAEL
2
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS Annex A A. Pre-Qualification Documents; Clarifications Item No. Q/A Questions and Answers Reference 1.
Q The Tender Committee was requested to postpone the Pre -Qualification Submission Date.
Invitation –
Section 1.6.3
A The Pre -Qualification Submission Date is hereby postponed to -
17.08.2026.
2.
Q
The Tender Committee was requested to clarify that, for the purposes of the notification requirements under Section 2.14 of the Invitation for Pre-
Qualification and Section 5.6 of Pre -Qualification Form “3”, a Participating Entity is not required to describe engagements with Advisors to the Tender Committee that terminated prior to the publication of the Invitation.
Invitation –
Section 2.14;
Pre-Qualification
Form “3” –
Section 5.6
A
Section 2.14.5 is hereby amended as follows (the underlined words indicate text added to the Invitation):
********************
For the avoidance of doubt, the above disclosure is required only with respect to engagements that were in effect on or after June 30, 2025, and there is no requirement to disclose any engagement that ended before June 30, 2025.
*********************
3.
Q
The Tender Committee was requested to clarify and amend Pre -
Qualification Form “9”, since the form refers to the EPC Contractor, the O&M Contractor and any member of the O&M Contractor, although such entities are not required to be engaged at the Pre-Qualification stage. Pre-Qualification Form “9” A See a revised Form “9” in the updated Invitation, published together with this Addendum No. 3.
STATE OF ISRAEL
3
Item
No. Q/A Questions and Answers Reference
4.
Q
The Tende r Committee was requested to revise Section 5.1.1 of the Invitation so that instead of requiring that during the ten (10) years immediately preceding the Pre -Qualification Submission Date, the EPC Expert has Completed, as a Main Contractor under an EPC Contract, the Design and Construction of Infrastructure Projects meeting the criteria as stated in Sectio n 5.1.1 of the Invitation , such requirements shall be demonstrated during the fifteen (15) years immediately preceding the Pre-
Qualification Submission Date.
Invitation –
Section 5.1.1
A
Section 5.1.1 is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
****************
During the tenfifteen (1015) years immediately preceding the Pre -
Qualification Submission Date, the EPC Expert had Completed, as a Main Contractor under an EPC Contract, the Design and Construction of Infrastructure Projects, which meet the following criteria:
****************
5.
Q
The Tende r Committee was requested to revise Section 5.2.1.3 so that instead of requiring that during the ten (10) years immediately preceding the Pre -Qualification Submission Date the Design Experience Provider demonstrate Design of Process Facilities and/or Process Piping Systems a meeting the criteria as stated therein, that such requirements shall be demonstrated during the fifteen (15) years immediately preceding the Pre-
Qualification Submission Date.
Invitation –
Section 5.2.1.3
A
Section 5.2.1.3 is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
*************************
5.2.1.3 Demonstrated experience in the Design of Process Facilities and/or Process Piping System that which experience satisfies any of the following alternatives:
STATE OF ISRAEL
4
Item
No. Q/A Questions and Answers Reference
5.2.1.3.1 shall have been Completed within the ten (10) years immediately preceding the Pre-Qualification Submission Date, having a cumulatively awith an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels)., Provided that, Aat least one (1) facility shall have been in continuous operation for a period of not less than two (2) consecutive years following Completion.; or
5.1.2.3.2 (i) shall have been Completed within the fifteen (1 5) years immediately preceding the Pre -Qualification Submission Date, with an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels), provided that at least one (1) facility shall have been in continuous operation for a period of not less than two (2) consecutive years following Completion; and (ii) shall have demonstrable experience in the Design of Process Facilities or Piping Systems, with an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels), in respect of which, as of the date of the first publication of the Invitation (i.e. 31.12.2025), the facility is under construction pursuant to a notice to proceed authorizing full construction, or has been in continuous operation for a period of less than twenty-four (24) consecutive months.
The experience requirement shall be satisfied by meeting either Section
5.2.1.3.1 or Section 5. 2.1.3.2. For the avoidance of doubt, under Section 5.2.1.3.2, the requirements set out in subsections (i) and (ii) are cumulative and both must be satisfied.
**********************
6.
The Tender Committee was requested to revise Section 5. 3.1.3 so that instead of requiring that during the ten (10) years immediately preceding the Pre -Qualification Submission Date the Design Experience Provider demonstrate Design of Process Facilities and/or Process Piping Systems a meeting the criteria as stated therein, that such requirements shall be demonstrated during the fifteen (15) years immediately preceding the Pre-
Qualification Submission Date.
Invitation –
Section 5.3.1.3
Section 5.3.1.3 is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
*******************
STATE OF ISRAEL
5
Item
No. Q/A Questions and Answers Reference
5.3.1.3 Demonstrated experience in the Construction of Process Facilities and/or Process Piping Systems thatwhich experience satisfies any of the following alternatives:
5.3.1.3.1 shall have been Completed within the ten (10) years preceding the Pre-Qualification Submission Date, having a cumulatively awith an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels)., provided that Aat least one (1) facility shall have been in continuous operation for a period of not less than two (2)
consecutive years following Completion.; or
5.3.1.3.2 (i) shall have been Completed within the fifteen (1 5) years immediately preceding the Pre -Qualification Submission Date, with an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels), provided that at least one (1) facility shall have been in continuous operation for a period of not less than two (2) consecutive years following Completion; and (ii) shall have demonstrable experience in the Construction of Process Facilities or Piping Systems, with an aggregate Contract Value of not less than 50 million NIS (fifty million New Israeli Shekels) , in respect of which, as of the date of the first publication of the Invitation (i.e. 31.12.2025), the facility is under construction pursuant to a notice to proceed authorizing full construction, or has been in continuous operation for a period of less than twenty -four (24) consecutive months.
The experience requirement shall be satisfied by meeting either Section
5.3.1.3.1 or Section 5.3.1.3.2. For the avoidance of doubt, under Section 5.3.1.3.2, the requirements set out in subsections (i) and (ii) are cumulative and both must be satisfied.
************************
7.
Q The Tender Committee was requested to include a thermo solar power plant in the definition of “Process Facilities”.
Invitation –
Section 1.1.72
A
The definition of “Process Facilities” is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
*****************
Shall mean chemical or petrochemical facilities, refineries, natural gas,
STATE OF ISRAEL
6
Item
No. Q/A Questions and Answers Reference
LPG facilities, water desalination plants, thermo solar power plants or natural gas‑fired power plants.
*****************
B. Pre-Qualification Documents; Addenda
Item
No. Reference Amendment
1. Invitation - Section
1.6.2
Section 1.6.2 of the Invitation is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
**********************
Final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of this Invitation – 15.7.2026.
**********************
2. Invitation An updated version of the Invitation is published together with Addendum No.3 and replaces the Invitation published on 31.12.2025 in its entirety.
3.
Section 3.4.2
(Design Experience
Provider), Section
5.2.2 (Form of
Submission),
Section 5.6, Pre-
Qualification Form
"3" (The
Participating
Entities) and Pre-
Qualification Form
"7" (Design
Experience
Provider)
The Participants shall not be required to demonstrate fulfilment of the requirements of the Design Experience Provider at this Pre-Qualification stage, however, the Tender Process Documents shall elaborate regarding the demonstration of fulfilment of the r equirements of the Design Experience Provider. See updated Invitation, published together with this Addendum No. 3.
STATE OF ISRAEL
7
4.
Section 3.4.3
(Construction
Experience
Provider), Section
5.3.2 (Form of
Submission),
Section 5.6, Pre-
Qualification Form
"3" (The
Participating
Entities) and Pre-
Qualification Form
"8" (Construction
Experience
Provider)
The Participants shall not be required to demonstrate fulfilment of the requirements of the Construction Experience Provider at this Pre -Qualification stage, however, the Tender Process Documents shall elaborate regarding the demonstration of fulfilment of the requirements of the Construction Experience Provider. See updated Invitation, published together with this Addendum No. 3.
תוכן המסמך: מענה לשאלות הבהרה
STATE OF ISRAEL
1
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS May 25, 2026 To:
All Participants
Re: Invitation for Pre-Qualification No. 12/2025 in relation to Participation in a Tender for Finance, Design, Construction, Operation and Maintenance of an LPG Storage Facility at Yavor (the "Invitation")
Clarifications and Addendum No. 2
1. Pursuant to the Invitation issued on December 31, 2025, and in accordance with the provisions thereof, the Participants are hereby notified of the clarifications and addenda to the Invitation, as set forth in and attached hereto as Annex A.
2. The final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of the Invitation is deferred to 30.6.2026.
3. The issuance of this Addendum shall not derogate from, waive, prejudice, or otherwise limit any of the Tender Committee's rights, powers, remedies, or prerogatives under the Invitation or applicable Law.
4. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Pre-Qualification Documents.
Respectfully yours,
Gal Lando
Chairman of the Tender Committee
CC: Members of the Tender Committee
STATE OF ISRAEL
2
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS Annex A A. Pre-Qualification Documents; Clarifications Item No. Q/A Questions and Answers Reference 1.
Q
The Tender Committee was requested to reduce the experience requirement in Section 1.4.2.2.1 from operating a liquid gas storage facility with a minimum capacity of 250 tons to operating a liquid gas storage facility with a minimum capacity of 50 tons.
Invitation –
Sections 1.4.2.2
through 1.4.2.5
A
Sections 1.4.2.2. through 1.4.2. 5 are hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation):
*********************
1.4.2.2 As shall further be elaborated in the Tender Process Documents, the Eligible Participants will be required to demonstrate to the satisfaction of the Tender Committee, as shall be set forth in the Tender Process Documents, that an Entity or Entities meet(s) the following certain requirements regarding operation and maintenance of the LPG Storage Facility ("O&M Expert").
1.4.2.2.1 Within the ten (10) years immediately preceding the submission date of the applicable Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating a liquid gas storage facility with a minimum capacity of 250 tons, commencing after the completion of such facility; and
1.4.2.2.2. Within the ten (10) years immediately preceding the submission date of the applicable Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating Process Piping Systems in industrial facilities, including pressure control systems, commencing after the Completion of such Process Piping
STATE OF ISRAEL
3
Item
No. Q/A Questions and Answers Reference
Systems.
1.4.2.3 [Reserved]Each of the requirements set forth in Sections 1.4.2.2.1 and 1.4.2.2.2 above may be satisfied either by the same Entity or by two (2)
separate Entities.
1.4.2.4 [Reserved]An O&M Expert shall be allowed to
present and rely on the experience of a Relying Entity.
1.4.2.5 [Reserved]As shall further be elabo rated in the Tender Process Documents, the O&M Expert(s) shall be responsible for the overall management and coordination of all O&M functions of the Project, as follows satisfying any of the following:
1.4.2.5.1 In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are the Tender Process
Documents will be satisfied by the same O&M
Expert – either as the O&M Contractor itself, or as a member holding directly at least 50% of all the Means of Control in the O&M Contractor.
1.4.2.5.2 In the event the requirements set forth inSections
1.4.2.2.1 and 1.4.2.2.2 above are the Tender Process
Documents will be satisfied by two (2) separate O&M Experts – each O&M Expert shall hold directly at least 25% of all the Means of Control in the O&M Contractor.
**************************
STATE OF ISRAEL
4
B. Pre-Qualification Documents; Addenda
Item
No.
Reference to
Amended
Section
Amendment
1.
Invitation –
Section 1.6.2
Section 1.6.2 of the Invitation is hereby amended as follows (the words appearing with a strikethrough indicate text deleted from the Invitation):
**********************
Final date for the Submission of Requests for Clarifications in accordance with Section 2.9 (Requests for Clarification) of this Invitation – 30.6.2026.
**********************
תוכן המסמך: מענה לשאלות הבהרה
STATE OF ISRAEL
1
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS April 29, 2026 To:
All Participants
Re: Invitation for Pre-Qualification No. 12/2025 in relation to Participation in a Tender for Finance, Design, Construction, Operation and Maintenance of an LPG Storage Facility at Yavor (the "Invitation")
Clarifications and Addendum No. 1
1. Pursuant to the Invitation issued on December 31, 2025, and in accordance with the provisions thereof, the Participants are hereby notified of the clarifications and addenda to the Invitation, as set forth in and attached hereto as Annex A.
2. The issuance of this Addendum shall not derogate from, waive, prejudice, or otherwise limit any of the Tender Committee's rights , powers, remedies, or prerogatives under the Invitation or applicable Law.
3. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Pre-Qualification Documents.
Respectfully yours,
Gal Lando
Chairman of the Tender Committee
CC: Members of the Tender Committee
STATE OF ISRAEL
2
THE INTER-MINISTERIAL TENDER COMMITTEE FOR LPG STORAGE BOT PROJECTS Annex A A. Pre-Qualification Documents; Clarifications Item No. Q/A Questions and Answers Reference 1.
Q
The Tender Committee was requested to allow demonstrating the EPC Expert’s experience through one of the following options:
(A) Project(s) in which the EPC Expert was responsible for the Construction of the Project(s) where the Design of the Project was provided by the client and/or any other Entity on client’s behalf;
(B) Approve the EPC's related Infrastructure Projects design requirements through demonstrating the aforesaid experience by the Design Experience Provider, in addition to Process Facilities.
Invitation –
Section 5.1.1
A The Tender Committee rejects the request.
2.
Q The Tender Committee was requested to allow demonstration of Infrastructure Projects executed by the EPC Expert out of Israel.
Invitation –
Section 5.1.1
A
Section 5.1.1 is hereby deleted and replaced in its entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation):
********************
5.1.1 Each Participant is required to demonstrate that the EPC Expert on its behalf meets the following requirements:
During the ten (10) years immediately preceding the Pre-Qualification Submission Date, the EPC Expert had Completed, as a Main Contractor under an EPC Contract, the Design and Construction of Infrastructure
STATE OF ISRAEL
3
Item
No. Q/A Questions and Answers Reference
Projects, which meet the following criteria:
1. (a) at least two (2) Infrastructure Projects in Israel, out of which one is of a Contract Value of at least three hundred million (300,000,000) NIS, and the other of at least two hundred million (200,000,000) NIS;
or:
(b) at least one (1) Infrastructure Project in Israel of a Contract Value of at least four hundred million (400,000,000) NIS.
2. the referenced Infrastructure Project(s) have been successfully operating for at least twenty -four (24) consecutive months following their Completion.
***********************
3.
Q
The Tender Committee was requested to clarify whether any restrictions are expected to apply to entities that hold a Gas Supplier License, and if so, the nature and scope of such restrictions.
Invitation –
Section 3.10.3
A
Without derogating from any of its rights and authorities under the Invitation, including pursuant to Section 3.10.3 , the Tender Committee clarifies that, at this stage , no decision has been made regarding the imposition of specific restrictions on entities holding a Gas Supplier License.
4.
Q
The Tender Committee was requested to clarify that the O&M Expert shall be presented for approval only by the Successful Bidder, and not as part of the Bid Submission. Invitation –
Section 1.4.2.2
A
The demonstration of the O&M Expert , as referenced in Section 1.4.2.2 of the Invitation , is not a prerequisite for submission pursuant to the Invitation and shall be addressed in the Tender Process Documents.
STATE OF ISRAEL
4
Item
No. Q/A Questions and Answers Reference
The first paragraph of Section 1.4.2.2. is hereby deleted and replaced in its entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
******************
1.4.2.2. As shall further be elaborated in the Tender Process Documents, the Successful Bidder Eligible Participants will be required to demonstrate to the satisfaction of the Tender Committee, as shall be set forth in the Tender Process Documents a pre-condition for executing the Agreement, that an Entity or Entities meet(s) the following requirements ("O&M Expert"): … ******************* 5.
Q
The Tender Committee was requested to clarify the expected timetable for the Successful Bidder to demonstrate compliance with the holdings requirements set in Section 1.4.2.5. Invitation –
Section 1.4.2.5
A
The Tender Process Documents shall set forth the applicable requirements, together with the timetable for compliance therewith , in connection with the demonstration of the O&M Expert.
STATE OF ISRAEL
5
B. Pre-Qualification Documents; Addenda
Item
No.
Reference to
Amended
Section
Amendment
1.
Invitation –
Section 2.14.2 -
Annex B
(Advisors to the
Tender Committee)
Annex B (Advisors to the Tender Committee) to the Invitation, referred to in Section 2.14.2 of the Invitation, is hereby deleted and replaced in its entirety with the following:
*****************************
Annex B - Advisors to the Tender Committee
Arnon, Tadmor-Levy, Law Firm, Legal Advisors
Goldfarb Gross Seligman, Law Offices, Legal Advisors M.L.G.R - Urban, Transportation & Infrastructure Planning & Projects Management Ltd., Statutory Advisors BK Management and Consulting, Financial Advisors Adan - Technical and Economic Services Ltd., Technical Advisors PAZ Engineering and Management 1980 Ltd., Technical Advisors ******************************* 2.
Invitation –
Section 1.1.72
(Definitions)
The definition of “Process Facilities” is hereby deleted and replaced in its entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation):
***************
“Process Facilities”
STATE OF ISRAEL
6
Shall mean chemical or petrochemical facilities, refineries, natural gas , and/or LPG facilities, water desalination plants, or natural gas‑fired power plants, and wastewater treatment plants.
***************
3.
Invitation –
Section 1.1.73
(Definitions)
The definition of “Process Piping Systems” is hereby deleted and replaced in its entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
***************
“Process Piping Systems”
Shall mean the network of pipes, fittings, valves, and associated components used for the conveyance, distribution, control, and containment of process fluids (including gases, vapors, and liquids) within Process Facilities industrial facilities, including refineries, petrochemical plants, gas storage and distribution facilities, and similar process installations.
****************
4.
Invitation –
Sections 5.2.1.1-
5.2.1.2
(Design Experience
Provider -
Experience)
Sections 5.2.1.1-5.2.1.2 are hereby deleted and replaced in their entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
***************
5.2.1.1 At least ten (10) years of proven experience in the Design of Process Facilities and/or Process Piping Systems.
5.2.1.2 Demonstrated experience in the Design of Process Facilities and/or Process Piping Systems , in accordance with one or more all of the following international standards: ASME B 31 group of standards.
• ASME B31.4 (Pipeline Transportation Systems for Liquids and Slurries);
• ASME B31.8 (Gas Transmission and Distribution Piping Systems); and • NFPA 58 (Liquefied Petroleum Gas Code).
******************
STATE OF ISRAEL
7
5.
Invitation –
Sections 5.3.1.1-
5.3.1.2
(Construction
Experience
Provider -
Experience)
Sections 5.3.1.1-5.3.1.2 are hereby deleted and replaced in their entirety with the following (the words appearing with a strikethrough indicate text deleted from the Invitation and underlined words indicate text added to the Invitation):
******************
5.3.1.1 At least ten (10) years of proven experience of Construction of Process Facilities and/or Process Piping.
5.3.1.2 Demonstrated experience in the Construction of Process Facilities and/or Process Piping Systems, in accordance with one or more all of the following international standards: ASME B 31 group of standards.
• ASME B31.4 (Pipeline Transportation Systems for Liquids and Slurries);
• ASME B31.8 (Gas Transmission and Distribution Piping Systems); and • NFPA 58 (Liquefied Petroleum Gas Code).
******************
6.
Invitation –
Section 5.3.2
(Construction
Experience
Provider)
The reference in Section 5.3.2 to Section 5.2 is hereby replaced with a reference to Section 5.3.
תוכן המסמך: חוברת המכרז
מוצגים 50,000 התווים הראשונים מתוך 140,282 - המסמך המלא זמין בקישור שבהמשך.
1
B.O.T. PROJECT
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG
STORAGE FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION
2025
2
TABLE OF CONTENTS
1. INVITATION FOR PRE-QUALIFICATION ________________________________ 6
1.1. Definitions __________________________________________________________ 6
1.2. Introduction and General Description of the Project ________________________ 14
1.3. The Pre-Qualification Process __________________________________________ 15
1.4. The Tender Process and Expected Requirements ___________________________ 15
1.5. Invitation for Pre-Qualification _________________________________________ 16
1.6. Anticipated Schedule _________________________________________________ 17
2. RULES AND PROCEDURES ____________________________________________ 17
2.1. Governing Law and Jurisdiction ________________________________________ 17
2.2. Preparation for Submission ____________________________________________ 17
2.3. The Invitation _______________________________________________________ 18
2.4. Priority of Documents ________________________________________________ 18
2.5. Severability _________________________________________________________ 18
2.6. Access to Documents and Registration ___________________________________ 18
2.7. Cost of Participation in the Pre-Qualification Process ______________________ 20
2.8. Language __________________________________________________________ 20
2.9. Requests for Clarifications _____________________________________________ 20
2.10. Addenda _________________________________________________________ 21
2.11. Site Visit and Conference ____________________________________________ 22
2.12. Intellectual Property Rights __________________________________________ 23
2.13. Information Supplied to the Participants _______________________________ 23
2.14. Advisors to the Tender Committee _____________________________________ 24
3. GENERAL PROVISIONS RELATING TO PARTICIPANTS __________________ 25
3.1. The Participant ______________________________________________________ 25
3.2. Members of the Participant ____________________________________________ 26
3
3.4. Experience Providers _________________________________________________ 27
3.5. Participation – General Requirements ___________________________________ 28
3.6. Criminal Information _________________________________________________ 29
3.7. Authorized Representative _____________________________________________ 29
3.8. Participation in a Pre-Qualification Submission ___________________________ 30
3.9. Government Companies _______________________________________________ 30
3.10. Promotion of Competition and Reduction of Concentration Law, 2013 _______ 30
3.11. Security and Foreign Affair Considerations _____________________________ 31
3.12. Participating in Multiple Capacities ___________________________________ 31
4. PRE-QUALIFICATION REQUIREMENTS ________________________________ 33
4.1. The Financial Pre-Qualification Requirements ____________________________ 33
4.2. Content and Submission Form _________________________________________ 37
5. TECHNICAL PRE-QUALIFICATION REQUIREMENTS ____________________ 40
5.1. EPC Expert _________________________________________________________ 40
5.2. Design Experience Provider ___________________________________________ 41
5.3. Construction Experience Provider ______________________________________ 42
6. PRE-QUALIFICATION SUBMISSION ___________________________________ 43
6.1. Pre-Qualification Submission Letter _____________________________________ 43
6.2. Description of the Participant, Members, and Guarantors ___________________ 43
6.3. Receipt for Payment of Participation Fee _________________________________ 44
6.4. Identification of Sensitive or Classified Information ________________________ 44
7. METHOD OF SUBMISSION ____________________________________________ 44
7.1. Compliance with the Requirements of the Pre-Qualification Documents ________ 44
7.2. No Unauthorized Modification _________________________________________ 45
7.3. Language of the Pre-Qualification Submission ____________________________ 45
7.4. Signing of the Pre-Qualification Submission ______________________________ 45
4
7.5. Table of Contents ____________________________________________________ 45
7.6. Authorization of Signatures by an Attorney _______________________________ 46
7.7. Number of Pre-Qualification Submission Copies ___________________________ 46
7.8. Sealing and Marking of Pre-Qualification Submissions _____________________ 47
7.9. Pre-Qualification Submission Date ______________________________________ 47
7.10. Opening of Pre-Qualification Submissions______________________________ 47
8. REVIEW AND EVALUATION OF PRE-QUALIFICATION SUBMISSIONS_____ 47
8.1. Review and Evaluation by the Tender Committee __________________________ 47
8.2. Requests for Clarifications _____________________________________________ 48
8.3. Announcement of Eligible Participants __________________________________ 49
8.4. Rejection of the Pre-Qualification Submissions ____________________________ 50
8.5. Intended Decision _______________________________________________________ 53
8.6. Disclosure of Documents _________________________________________________ 53
9. THE TENDER PROCESS _______________________________________________ 54
9.1. Issuance of the Tender Process Documents; Update Statement _______________ 54
9.2. Formation of a Special Purpose Vehicle __________________________________ 55
9.3. Reservation of Rights _________________________________________________ 56
9.4. Prerogatives of the Tender Committee ___________________________________ 57
9.5. Changes to a Participant/Eligible Participant, Member, Guarantor or Experience Provider __________________________________________________________________ 58
List of Appendices
Annex A - General Description of the Project
Annex B - Advisers to the Tender Committee
Annex C - Pre-Qualification Forms
Annex D - Form of Participants' Requests for Clarification of the Tender Documents
5
List of Pre-Qualification Forms (Annex C)
Pre-Qualification Form “1” - The Pre-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” - EPC Expert Experience Pre-Qualification Form “7” - Design Experience Provider Pre-Qualification Form “8” - Construction Experience Provider Pre-Qualification Form “9” - Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre -Qualification Requirements Compliance
6
1. INVITATION FOR PRE-QUALIFICATION
1.1. Definitions
1.1.1. “Addendum” or
“Addenda”
Shall have the meaning ascribed thereto in Section 2.10.1 of this Invitation.
1.1.2. “Advisors” Shall have the meaning ascribed thereto in Section 2.14.2 of this Invitation.
1.1.3. “Agreement” Shall mean the agreement which will be signed between the Tender Committee and the Successful Bidder for the execution of the Project.
1.1.4. “Anticipated
Holdings”
Shall mean the intended share of holdings of each Member in the Participant, to the extent applicable, as described in Pre-Qualification Form ”2” (THE PARTICIPANT).
1.1.5. “Authorized
Representative”
Shall have the meaning ascribed thereto in Section 3.7.1 of this Invitation.
1.1.6. “Average
Operating Cash
Flow”
Shall have the meaning ascribed thereto in Section 4.1.1 (Financial Pre-Qualification Requirements; Operating Cash Flow) of this Invitation.
1.1.7. “Banking
Corporation”
Shall mean (i) each of the Entities listed in Section 4 of Schedule 1 of the Securities Law 1968; and \or (ii) with respect to an Entity registered outside the State of Israel – a similar Entity pursuant to applicable law under the applicable jurisdiction.
1.1.8. “Baza” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
1.1.9. “Bazan” Shall have the meaning ascribed thereto in Annex A (General Description of the Project) of this Invitation.
1.1.10. “Bid” Shall mean the bid submission submitted by an Eligible Participant within the Tender Process.
1.1.11. “Bid Submission
Date”
Shall mean the deadline for submitting a Bid during the Tender Process, as shall be specified in the Tender Process Documents.
1.1.12. “Business Day” Shall mean any working day (excluding, Friday and Saturday) on which banks are open for business in Israel.
1.1.13. “Commitments” Shall mean the overall amount of all financial commitments made available to a Private Investment Fund by its limited partners.
7
1.1.14. “Competition
Law”
Shall mean the Promotion of Competition and Reduction of Concentration Law, 5774-2013.
1.1.15. “Completion” or
“Completed”
Shall mean the delivery of the referenced project to the client, or the commencement of its operation in accordance with its intended use.
1.1.16. “Conference” Shall have the meaning ascribed thereto in Section 2.11.1 of this Invitation.
1.1.17. “Construction” Shall mean the procurement, supply and construction, installation, testing, commissioning and Completion of a referenced project.
1.1.18. “Construction
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.3 of this Invitation.
1.1.19. “Contract Value” Shall mean the total amount of all payments which were paid to the applicable Entity executing the referenced Infrastructure Project up until the Completion , pursuant to the applicable contract excluding VAT, interest and indexation.
1.1.20. “Control” Shall have the meaning ascribed thereto in the Securities Law 1968.
1.1.21. “Criminal
Information
Affidavit”
shall mean Pre -Qualification Form "9" (Criminal Information Affidavit).
1.1.22. "Criminal
Information and
Rehabilitation
Regulations
(Restriction on the
Disclosure of
Information)"
shall mean the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information –
Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
1.1.23. "Criminal
Information Law"
shall mean the Criminal Information and Rehabilitation Law, 5779-2019.
1.1.24. “Declared Entity” Shall mean an entity: (i) declared pursuant to Section 3 and\or Section 9 of the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) declared pursuant to Section 3 and\or 4 of Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018;
and/or (iii) listed by the Israeli Sanctions Administration (“מטה הסנקציותaccording to any applicable Law.
8
1.1.25. “Design” Shall mean the detailed design process without the need for any additional studies or further development of the design.
1.1.26. “Design
Experience
Provider”
Shall have the meaning ascribed thereto in Section 3.4.2 of this Invitation.
1.1.27. “Deviation”
Shall mean any deviation, amendment, omission, addition, condition, reservation or qualification of the contents of this Invitation, including of the Pre-Qualification Requirements, made by the Participant in its Pre-Qualification Submission.
1.1.28. “Effectively” Shall mean the effective percentage of all Means of Control held by Entity “A” in Entity “X”, calculated by multiplying the percentages of Means of Control held by Entity “A” in each of the Entities in chain of holdings between Entity “A” and Entity “X”.
e.g., if Entity “A” holds 50% of all Means of Control of Entity “B” which holds 50% of all Means of Control of Entity “X”, then Entity “A” Effectively holds 25% of all Means of Control Entity “X”.
1.1.29. “Eligible
Participant”
Shall have the meaning ascribed thereto in Section 8.3 (Announcement of Eligible Participants) of this Invitation.
1.1.30. “Entity” Shall mean any incorporated body recognized by law within its domicile, including non -incorporated joint venture of incorporated bodies, but excluding individuals.
1.1.31. “EPC Contract” Shall mean a single contract pursuant to which the responsibility for both the design and the construction of a referenced project, including the warranty with respect thereto, is assumed by a single Entity.
1.1.32. “EPC
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
1.1.33. “EPC Expert” Shall have the meaning ascribed thereto in Section 3.4.1 of this Invitation.
1.1.34. “Experience
Provider(s)”
Shall mean each of the EPC Expert , Construction Experience Provider and Design Experience Provider.
1.1.35. “Facility” Shall have the meaning ascribed thereto in Section 1.2.3 of this Invitation.
1.1.36. “Financial Entity” Shall mean: (i) a Private Investment Fund; or (ii) a Banking Corporation; or (iii) an Institutional Investor; or (iv) an Investment Entity.
9
1.1.37. “Financial Pre-
Qualification
Requirement(s)”
Shall mean the requirements detailed in Section 4.1 of this Invitation.
1.1.38. “Financial
Statement(s)”
Shall mean, for each Entity, its annual audited consolidated financial statement which includes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation; in the event such Entity does not have audited consolidated financial statement as specified above, then such Entity shall issue its annual audited solo financial statement which includes a report signed by the external auditor of the Entity, confirming its compliance with one of the accounting standards specified pursuant to Section 4.2.1 of this Invitation.
1.1.39. “Fund Manager” Shall mean a n individual (i) responsible for implementing the Private Investment Fund 's investing strategy and managing its portfolio trading activities; and (ii) authorized to sign on behalf of the Private Investment Fund and to commit it for purposes of this Pre-Qualification Process, for all purposes and intents.
1.1.40. “Gas Law” Shall mean the Gas Law (Safety and Licensing), 5749–1989, and all regulations promulgated thereunder, as amended from time to time.
1.1.41. “General
Partner”
A general partner of a Private Investment Fund who is responsible for the overall management and administrati on of the Private Investment Fund.
1.1.42. “Guaranteed
Portion”
Shall have the meaning ascribed thereto in Section 4.1.4.2 of this Invitation.
1.1.43. “Guarantor” Shall have the meaning ascribed thereto in Section 3.3 (Guarantor) of this Invitation.
1.1.44. “Increased
Required Equity”
Shall have the meaning ascribed thereto in Section 4.1.3 (Financial Pre-Qualification Requirements; Increased Equity) of this Invitation.
1.1.45. “Infrastructure
Project”
Shall mean a project for the Design and Construction of a large-scale infrastructure, including without limitation any of the following: LPG sto rage facility, power generation facility, rail project, highway project, tunnel, water desalination facility, hospital, port, airport, or a complex of buildings such as government, military or police training base.
10
1.1.46. “Institutional
Investor”
Shall mean each of the Entities listed in Sections 1 -3 of Schedule 1 of the Securities Law 1968 and/or with respect to an Entity registered outside Israel – a similar Entity pursuant to the applicable law under the applicable jurisdiction.
1.1.47. “Interested
Party”
Shall mean with respect to Entity1: (a) any Entity or individual directly holding at least 15% of any of the Means of Control of Entity 1 (in this definition: “ Entity2”); (b) any Entity or individual Effectively holding at least 70% of any of the Means of Control of Entity2; (c) the CEO of Entity1; or (d) any of the directors of Entity1.
1.1.48. “Investment
Entity”
Shall have the meaning ascribed thereto in the International Financial Reporting Standard (IFRS) 10 (Consolidated Financial Statements).
1.1.49. “Invitation” Shall mean this invitation for pre-qualification including all Annexes thereof.
1.1.50. “Law(s)” The various national (state) laws and legislation, statutes, ordinance, codes, and regulations (including the Regulations), as enacted by the State of Israel, and any by -
laws, codes, regulations enacted by the relevant authorities or municipalities, and precedents of relevant competent judicial authorities in Israel ; all as modified, amended, replaced or created from time to time.
1.1.51. “Liquefied
Petroleum Gas
Law”
Shall mean the Liquefied Petroleum Gas Law, 5741-2020, and all regulations promulgated thereunder , as amended from time to time.
1.1.52. “Main
Contractor”
Shall mean an entity which is directly accountable by itself or jointly and severally as part of a joint venture for the execution of the engineering, procurement and construction of the referenced project, bearing all the risks related to the execution thereof, including its management and administration and the engagement and coordination of all subcontractors. For the avoidance of doubt, entities which are accountable for the execution of the referenced project under a concession agreement due (only) to their position as the Concessionaire (or a member thereof) will not be considered as Main Contractor under this definition.
11
1.1.53. “Means of
Control”
Shall have the meaning ascribed thereto in the Securities Law 1968.
Notwithstanding the above, with respect to a joint venture shall mean the power to impose p rofessional decisions on the joint venture and the power to veto decisions made by the joint venture.
1.1.54. “Member(s)” Shall have the meaning ascribed thereto in Section 3.2.1 (Members of the Participant) of this Invitation.
1.1.55. “Minimal
Required Equity”
Shall ha ve the meaning ascribed thereto in Section 4.1.2 (Financial Pre-Qualification Requirements; Equity) of this Invitation.
1.1.56. “Offence” shall mean: (i) the criminal offences included in Sections 6-
10. of Annex 4 [ to the Criminal Information
Law, 5779 -2019, (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Penal Law, 5737-1977;
(iii) similar offences under foreign laws; whether committed in Israel or abroad.
1.1.57. "Office Holder" Shall have the meaning ascribed to the term "נושא משרהin the Companies Law, 5759-1999.
1.1.58. “O&M
Contractor”
Shall have the meaning ascribed thereto in Section 1.4.2.1 of this Invitation.
1.1.59. “O&M Expert” Shall have the meaning ascribed thereto in Section 1.4.2.2 of this Invitation.
1.1.60. "Original
Member”
Shall mean each of the Members detailed in Pre-
Qualification Form “2” of a Participant or Eligible Participant (as applicable), which was submitted at the Pre-
Qualification Submission Date.
1.1.61. “Parent
Company”
Shall mean with respect to a specified Entity, the Entity which Controls such specified Entity
1.1.62. “Participant” Shall have the meaning ascribed thereto in Section 3.1.1 (The Participant) of this Invitation.
1.1.63. “Participating
Entity”
Shall mean each of the following Entities: the Participant, Member, Guarantor and EPC Expert.
1.1.64. “Participation
Fee”
Shall have the meaning ascribed thereto in Section 2.6.2 of this Invitation.
12
1.1.65. “Pre-Qualification
Documents”
Shall mean this Invitation, its Appendices, the Pre -
Qualification Forms and any other document issued by the Tender Committee during the Pre-Qualification Process.
1.1.66. “Pre-Qualification
Forms”
Shall mean t he forms attached hereto as forms 1-10 which each Participant is required to complete, execute and submit as part of its Pre-Qualification Submission.
1.1.67. “Pre-Qualification
Process”
Shall have the meaning ascribed thereto in Section 1.2.1 (Introduction and General Description of the Project;
Preface) of this Invitation; without derogating from the foregoing, shall mean t he first stage of the Tender, ending upon the announcement of Eligible Participants which will be invited to participate in the Tender Process.
1.1.68. “Pre-Qualification
Submission Date”
Shall have the meaning ascribed thereto in Section 7.9 (Pre-
Qualification Submission Date) of this Invitation.
1.1.69. “Pre-Qualification
Submission(s)”
Shall mean a submission by the participants of the required documents and forms in accordance with the provisions of this Invitation.
1.1.70. “Pre-Qualification
Requirement(s)”
Shall mean the Financial Pre -Qualification Requirements and Technical Pre-Qualification Requirements.
1.1.71. “Private
Investment Fund”
Shall mean an Entity incorporated for the purpose of making financial investments in which : (i) at least 50% of its Commitments (at any given time), is provided by Institutional Investors; and (ii) has a General Partner.
1.1.72. “Process
Facilities”
Shall mean chemical or petrochemical facilities, refineries, natural gas and/or LPG facilities, water desalination plants, natural gas‑fired power plants, and wastewater treatment plants.
1.1.73. “Process Piping
Systems”
Shall mean the network of pipes, fittings, valves, and associated components used for the conveyance, distribution, control, and containment of process fluids (including gases, vapors, and liquids) within industrial facilities, including refineries, petrochemical plants, gas storage and distributio n facilities, and similar process installations .
1.1.74. “Project” Shall have the meaning ascribed thereto in Section 1.2.1.1 (Introduction and General Description of the Project ;
Preface) of this Invitation.
1.1.75. “Regulations” Shall mean the Mandatory Tender Regulations 1993, as amended from time to time.
13
1.1.76. “Related Entity” Shall have the meaning ascribed to such term (“גורם קשור ” or "גורמים הקשורים לתאגיד הזר המסייע as applicable, including derivatives thereof), pursuant to: (i) the Law for the Struggle with Iran’s Nuclear Program from 2012; and\or (ii) the Law for the Prevention of Distribution and Financing of Weapons of Mass Destruction from 2018.
1.1.77. "Relevant
Entity(ies)"
Shall mean each of the following: (i) Member, (ii) Chairman of the Board of Directors of a Member, (iii) Chief Executive Officer of a Member, (iv) Any Office Holder of a Member, which is significantly involved in the Pre-Qualification Process, in the Tender Process or in the Project , (v)
Guarantor, (vi) Experience Providers, (vii) EPC Contractor (to the extent the EPC Contractor exists at the Pre -
Qualification Submission Date) and (viii) O&M Contractor (to the extent the O&M Contractor exists at the Pre -
Qualification Submission Date) .
1.1.78. “Relying Entity” Shall have the meaning ascribed thereto in Section 2.9.1 of this Invitation.
1.1.79. “Request(s) for
Clarifications”
Shall have the meaning ascribed thereto in Section 2.9.1 (Requests for Clarifications) of this Invitation.
1.1.80. “SPC” special purpose company incorporated under the Laws.
1.1.81. “SPV” or “Special
Purpose Vehicle”
Shall mean a SPC or a special purpose partnership incorporated under the Laws, that the sole purpose of which shall be the participation in the Tender Process, the submission of a Bid therein and the execution of the Project (if eventually selected to do so), all in accordan ce with the provisions of the Tender Process Documents.
1.1.82. “Successful
Bidder”
Shall mean the Eligible Participant awarded with the Agreement pursuant to the completion of the Tender Process.
1.1.83. “Technical Pre-
Qualification
Requirements”
Shall mean the requirements detailed under Section 5 of this Invitation.
1.1.84. “Tender” Shall have the meaning ascribed thereto in Section 1.2.2 (Introduction and Gen eral Description of the Project; The Selection Process and the Tender Stages) of this Invitation.
1.1.85. “Tender
Committee”
Shall mean the committee appointed by the Government of the State of Israel in accordance with the provisions of the Regulations, in order to control and manage the Pre -
Qualification Process and the Tender Process.
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1.1.86. “Tender
Documents”
Shall mean the Pre-Qualification Documents and the Tender Process Documents.
1.1.87. “Tender Process
Documents”
Shall mean all documents which shall be issued as part of the Tender Process, including the request for proposals and all forms provided therein, the Agreement, the technical volumes and all appendices attached therein, and any other document which will be issued by the Tender Committee during the Tender Process.
1.1.88. “Tender Process” Shall mean t he second stage of the selection process (including any additional stages following the Pre -
Qualification Process) , in which Eligible Participants will submit their Bids and a Successful Bidder for the Project shall be selected.
1.1.89. “Unutilized
Commitments”
Shall mean the overall amount of Commitments deducted by funds invested and funds committed to be invested by th e Private Investment Fund.
1.1.90. “Update
Statement”
Shall have the meaning ascribed thereto in Section 9.1.1 (General) of this Invitation.
1.1.91. “Updated
Financial
Statements”
Shall have the meaning ascribed thereto in Section 9.1.2 (Updated Financial Statements) of this Invitation.
1.1.92. “Website” Shall have the meaning ascribed thereto in Section 2.6.1 of this Invitation.
1.2. Introduction and General Description of the Project
1.2.1. Preface
1.2.1.1. The Government of the State of Israel , operating through the Tender Committee, hereby invites Entities to participate in the Pre-Qualification Process in relation to a project for the finance, design, construction, operation, maintenance and transf er of an LPG Storage Facility, all in accordance with the provisions of the Pre-Qualification Documents, including all Annexes thereof (the "Pre-Qualification Process" and the "Project", respectively).
1.2.1.2. The Tender Committee is issuing this Invitation as part of a tender for the execution of the Project with a pre-qualification stage.
1.2.2. The Selection Process and the Tender Stages
The Tender Committee intends to select the Successful Bidder which will execute the Project through a competitive pr ocess with the following two stages (the "Tender"):
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1.2.2.1. this Pre-Qualification Process; and
1.2.2.2. the Tender Process.
1.2.3. General Description of the Project
Without derogating from the provisions of the Pre-Qualification Documents, hereunder is only a general , indicative and non -binding description of the Project. It is hereby clarified that the actual scope of works shall be determined in the Tender Process Documents.
The Project includes the finance, design, construction , operation, maintenance and transfer of an LPG Storage Facility as further detailed in Annex A (General Description of the Project) (the "Facility").
The term of the Agreement: the term of the Agreement shall be determined in the Tender Process Documents and shall include a development phase, construction phase and operation and maintenance phase.
1.3. The Pre-Qualification Process
1.3.1. The purpose of this Pre -Qualification Process is to identify Eligible Participants, who will be invited to participate in the Tender Process.
1.3.2. During t he Pre -Qualification Process, Participants will be required to submit Pre-Qualification Submissions, in accordance with the provisions of this Invitation, in order to demonstrate their compliance with all Pre -
Qualification Requirements and all other applic able provisions of this Invitation.
1.3.3. Pre-Qualification Submissions submitted by the Participants will be evaluated by the Tender Committee, in accordance with the provisions of this Invitation. Without derogating from the provisions of Section 8 (REVIEW AND EVALUATION OF PRE -QUALIFICATION SUBMISSIONS) of this Invitation, at the end of its evaluation, the Tender Committee will announce the Eligible Participants. Only those Participants that were announced as Eligible Participants, will be invited to participate in the Tender Process.
1.4. The Tender Process and Expected Requirements
1.4.1. Following the completion of the Pre -Qualification Process, the Tender Committee intends to invite the Eligible Participants to participate in the Tender Process and submit Bids for the execution of the Project.
1.4.2. The EPC Contractor, O&M Contractor and O&M Expert
1.4.2.1. As shall further be elaborated in the Tender Process Documents, the Success ful Bidder will be required to engage an EPC Contractor which shall assume on a "back -to-back" basis the engineering, procurement and construction obligations of the Successful Bidder vis -à-vis the State (" EPC Contractor"), and
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an O&M Contractor which shal l assume on a "back -to-back"
basis the operation and maintenance obligations of the Successful Bidder vis-à-vis the State ("O&M Contractor").
1.4.2.2. As shall further be elaborated in the Tender Process Documents, the Successful Bidder will be required to demonst rate to the satisfaction of the Tender Committee, as a pre -condition for executing the Agreement, that an Entity or Entities meet(s) the following requirements ("O&M Expert"):
1.4.2.2.1. Within the ten (10) years immediately preceding the submission date of the applicable Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating a liquid gas storage facility with a minimum capacity of 250 tons, commencing after the completion of such facility; and
1.4.2.2.2. Within the ten (10) years immediately preceding the submission date of the applicable Tender Form demonstrating the O&M Expert experience, has had at least two (2) consecutive years of continuous operational experience in operating Process Piping Systems in industrial facilities, including pressure control systems, commencing after the Completion of such Process Piping Systems.
1.4.2.3. Each of the requirements set forth in Sections 1.4.2.2.1 and
1.4.2.2.2 above may be satisfied either by the same Entity or by two (2) separate Entities.
1.4.2.4. An O&M Expert shall be allowed to present and rely on the experience of a Relying Entity.
1.4.2.5. As shall further be elaborated in the Tender Process Documents, the O&M Expert(s) shall be responsible for the overall management and coordination of all O&M f unctions of the Project, as follows:
1.4.2.5.1. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by the same O&M Expert – either as the O&M Contractor itself, or as a member holding directly at least 50% of all the Mea ns of Control in the O&M Contractor.
1.4.2.5.2. In the event the requirements set forth in Sections
1.4.2.2.1 and 1.4.2.2.2 above are satisfied by two (2)
separate O&M Experts – each O&M Expert shall hold directly at least 25% of all the Means of Control in the O&M Contractor.
1.5. Invitation for Pre-Qualification
The Tender Committee hereby invites Entities to participate in the Pre -
Qualification Process, according to the terms and conditions of this Invitation.
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1.6. Anticipated Schedule
The anticipated schedule for the Pre-Qualification Process is as follows:
1.6.1 Publication of the Invitation for Pre -
Qualification
- 31.12.25
1.6.2 Final date for the Submission of
Requests for Clarifications in
accordance with Section 2.9 (Requests
for Clarification) of this Invitation.
- 31.05.26
1.6.3 Pre-Qualification Submission Date - 30.07.26
The Tender Committee reserves the right to amend any date contained herein, at any time, at its sole discretion by issuing a written clarification or Addenda to this Invitation in accordance with the provisions of Section 2.10 (Addenda) of this Invitation.
2. RULES AND PROCEDURES
2.1. Governing Law and Jurisdiction
2.1.1. Jurisdiction
The Pre-Qualification Process and t he Pre-Qualification Documents shall be governed and construed in accordance with the provisions of the Laws of the State of Israel, including the Mandatory Tenders Law 1992, and the Regulations.
2.1.2. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre -Qualification Process and the Tender Process.
2.1.3. Waiver
Each Participating Entity and anyone on their behalf , hereby waives any right to seek an injunction with any court , in any legal proceeding, with respect to this process, against the Tender Committee and/or anyone on its behalf and/or against any of the other Participants, including the Eligible Participants, and shall be prohibited from seeking an injunction in such process.
2.1.4. The foregoing does not derogate from the obligation of a Participating Entity and anyone on their behalf, to address the Tender Committee, in writing, with a specific and detailed claim or complaint.
2.2. Preparation for Submission
2.2.1. By submitting a Pre -Qualification Submission each Participating Entity ,
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and anyone on their behalf confirms that it has received the complete set of Pre-Qualification Documents, that it has read, considered and understood the Pre-Qualification Documents , and that it accepts the terms and conditions thereof and all obligations and undertakings specified or implied therein.
2.2.2. Each Participating Entity, and anyone on their behalf shall be deemed to have the knowledge of any relevant Law with respect to the Pre -
Qualification Process, the Tender and the Project , including without limitation the Gas Law and/or Liquefied Petroleum Gas Law . The Pre -
Qualification Submissions shall be prepared and submitted in accordance with any applicable Law, and the Participating Entities and anyone on their behalf are assumed to have obtained professional advice with respect to the relevant disciplines, including legal, financial and technical disciplines, for participating in the Pre-Qualification Process.
2.3. The Invitation
The Pre-Qualification Documents include this invitation for pre-qualification, its Appendices, the Pre -Qualification Forms and any other document issued by the Tender Committee during the Pre-Qualification Process. Without derogating from the provisions of Sections 7.1 (Compliance with the Requirements of the Pre -
Qualification Documents ) and 7.2 (No Unauthorized Modification ), the Pre -
Qualification Forms shall be provided to all Participants also in MS-Word file.
2.4. Priority of Documents
In the event of discrepancies between any of the provisions of this Invitation, the stricter provision, as determined by the Tender Committee at its sole discretion, shall prevail, unless otherwise determined by the Tender Committee and approved in writing. Any discrepancy shall be brought to the attention of the Tender Committee as soon as possible.
2.5. Severability
The invalidity or unenforceability of any part, provision or section of the Pre -
Qualification Documents shall not affect the validity or enforceability of other parts, provisions or sections thereof. Any invalid or unenforceable part, provision or section shall be deemed severed from the Pre-Qualification Documents, and the Pre-Qualification Documents shall be construed and enforced as if this Invitation did not contain such invalid or unenforceable part, provision or section.
2.6. Access to Documents and Registration
2.6.1. Any Entity wishing to participate in the Pre-Qualification Process may view the Pre-Qualification Documents by sending Ms. Sapir Peretz a request (via email address: PPP-LPG@inbal.co.il) to receive the Pre -Qualification Documents by email, or at the following website:
https://mr.gov.il/ilgstorefront/he/p/4000612580 (the “Website”).
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2.6.2. As a pre-condition for the participation in the Tender, including the submission of Requests for Clarifications and the submission of the Pre -
Qualification Submission, each Participant shall pay a participation fee in an amount of NIS 10,000 (VAT included) (the “Participation Fee”).
2.6.3. The Participation Fee shall be paid by any of the following methods:
2.6.3.1. By an Israeli credit card, at the following website:
https://ecom.gov.il/counterspa/home/62/1/AccountantGeneral_ 1_FastLanes
2.6.3.2. By a bank transfer from an Israeli bank account – to the Bank of Israel (bank code: 99, branch code: 001), bank account number
1310010081303. (Accountant General – NIS income account).
2.6.3.3. By a bank transfer from a foreign bank account:
Final Beneficiary Bank = Bank of Israel, Jerusalem Swift code = ISRAILIR Beneficiary Name = Accountant General – NIS income account Beneficiary IBAN = ILS370990011310010081303 Text in Field 72: TTC/613
2.6.4. Without derogating from the provisions of Section 9.3 (Reservation of Rights) the Participation Fee shall not be refunded in any way.
2.6.5. Participants shall submit a copy of the receipt for the payment of the Participation Fee as well as the Participant’s contact details (inter alia, the name of the Participant, its Authorized Representative, address, phone number, fax n umber, address, email address etc.) to Ms. Sapir Peretz , the Coordinator of the Tender Committee, via email address:
PPP-LPG@inbal.co.il.
2.6.6. It is hereby clarified that the Tender Committee or anyone on its behalf shall not be responsible in any respect for any damage or loss of any kind whatsoever, suffered by a Participant or anyone on its behalf, due to an error or omission with respect to any information provided by a Participant under this Section.
2.6.7. It is hereby clarified that an Entity who has not paid the Participation Fee may submit Requests for Clarifications and/or a Pre -Qualification Submission, provided that the right to participate pursuant to the payment of the Participation Fee was assigned or transferred from an Entity entitled to participate. A person or an Entity may pay the Participation Fee on behalf of another Entity. For the avoidance of doubt, any single Participation Fee shall entitle the submission of one (1) Pre-Qualification Submission.
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2.6.8. Participants shall be responsible for informing the Tender Committee of any change in their contact details.
2.6.9. It is hereby emphasized that the payment of the Participation Fee does not constitute recognition of a n Entity’s (including a Participants) eligibility, qualifications or competence to meet the requirements of this Invitation.
2.7. Cost of Participation in the Pre-Qualification Process The Participating Entities and anyone on their behalf, will solely bear any and all costs and expenses connected with participation in the Pre -Qualification Process and the preparation of the Pre -Qualification Submission(s) as incurred by such, regardless of any amendments made to the requirements herein by the Tender Committee, and will not be reimbursed or otherwise compensated by the Tender Committee and/or anyone on its behalf , for any costs or expenses so incurred thereby, including in the event of termination of the Pre -Qualification Process for any reason whatsoever.
2.8. Language
This Invitation is published in English. Notwithstanding the foregoing, the Tender Committee reserves the right to issue a Hebrew version of this Invitation or any part of the Pre -Qualification Documents, and to determine the order of precedence in case of a ny discrepancy between the provisions of the English version and the provisions of the Hebrew version , at any time. In addition, the Tender Committee reserves the right to conduct its business in Hebrew or English, including in meetings, discussions, correspondences, negotiations, etc.
2.9. Requests for Clarifications
2.9.1. Participants who h ave paid the Participation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5 above, may raise questions and request s for clarifications or interpretations to the Pre-Qualification Documents, in writing, by no later than the deadline for the submission of requests for clarifications as set forth in Section 1.6 (Anticipated Schedule) (“Request(s) for Clarification(s)”)
above. Such Requests for Clarifications shall be addressed to:
Mr. Gal Lando, Chairman of the Tender Committee Via: Ms. Sapir Peretz, Coordinator of the Tender Committee, email address:
PPP-LPG@inbal.co.il
Participants shall verify the receipt of Requests for Clarifications by the Tender Committee.
2.9.2. Requests for Clarifications shall be submitted via email in a signed PDF file and in an open for editing MS-Excel file, in the form of Annex D (Form of Participants' Requests for Clarification of the Tender Documents).
The Tender Committee reserves the right to ignore Requests for Clarifications which are not submitted in accordance with the requirements
21
of submission specified in this Section 2.9.2.
2.9.3. The Tender Committee may request Participants to provide clarifications to any part of their Request for Clarifications as described in Section 8.2 (Requests for Clarifications) below, including by way of meeting with the Participants or any of them.
2.9.4. The Tender Committee has no obligation to clarify or interpret this Invitation, to respond to any specific question or to publish any of the Requests for Clarifications submitted to it . Without derogating from the generality of the above, the Tender Committee reserve s the right not to respond to a Request for Clarification submitted by an Entity who has not paid the Participation Fee.
2.9.5. In its response to a Request for Clarification the Tender Committee may, rephrase any Request for Clarification including adding to the original language or omitting from the original language, as it shall deem fit under the circumstances. It is further clarified that any response or non -response by the Tender Committee to any Request for Clarification by Bidders shall not be construed as approval or agreement, unless explicitly stated so by the Tender Committee, in writing.
2.9.6. The Tender Committee 's responses shall be distributed to the Participants as an Addendum in accordance with Section 2.10 below.
2.9.7. Any Request for Clarification of the Pre-Qualification Documents raised at a date following the deadline for the submission thereof as provided in Section 1.6 (Anticipated Schedule), will be accepted or rejected, answered or not, at the discretion of the Tender Committee.
2.9.8. For the avoidance of doubt, a response by the Tender Committee to any Request for Clarification shall not derogate from the discretion or the prerogative of the Tender Committee under any Law and under this Invitation, including under Section 2.10 (Addenda).
2.10. Addenda
2.10.1. Notwithstanding any of the provisions of the Pre-Qualification Documents and without derogating from the discretion of the Tender Committee under the provisions of Section 9.3 (Reservation of Rights), the Tender Committee reserves the right to revise, modify, amend, clarify, add, eliminate or otherwise change the Pre -Qualification Documents or any part thereof, including, but not lim ited to, any instruction, requirement, specification, Pre-Qualification Requirement(s) or date contained therein , at any time, whether at the discretion of the Tender Committee or as a result of a Request for Clarification . Such revisions, if any, shall be announced by written clarification or addenda to the Pre-Qualification Documents (“Addenda” or “Addendum”, as applicable) and will be deemed an integral part of this Invitation.
2.10.2. The Tender Committee shall not be bound by, and Participants shall not rely
22
on, any oral clarification to the Pre-Qualification Documents.
2.10.3. For the avoidance of doubt, n o clarification or amendment to the Pre -
Qualification Documents shall be binding unless issued in the form of an Addendum.
2.10.4. Copies of Addenda published by the Tender Committee shall be published at the Website and furnished to all Entities or Participants who have paid the Participation Fee and have provided the Tender Committee with contact details in accordance with the provisions of Section 2.6.5.
2.10.5. Should any Addendum result from any Request for Clarification submitted by a Participant, the identity of such Entity or Participant shall not be disclosed.
2.10.6. Participants are required to acknowledge receipt of Addenda in writing no later than two ( 2) Business D ays followin g receipt thereof . Such acknowledgements shall be sent to the Tender Committee's address as described in Section 2.9 (Requests for Clarifications) above.
2.10.7. Without derogating from the generality of the provisions of Section s 1.6 (Anticipated Schedule) and 2.10 (Addenda) above, the Tender Committee may postpone the Pre-Qualification Submission Date , or any other date herein, by such number of days as shall be necessary in the opinion of the Tender Committee and may repeat this process if necessary . The announcement of a new Pre-Qualification Submission Date, if any, shall be by an Addendum in according with Section 2.10 (Addenda), and all of the provisions with respect to the previous Pre -Qualification Submission Date shall apply to such new dat e, including any Addendum, unless otherwise specified in the Addenda with regard to the postponement. Nothing in this Section shall be construed as an obligation by the Tender Committee to grant an extension.
2.11. Site Visit and Conference
2.11.1. The Tender Committee reserves the right to hold a conference and/or a site visit (the "Conference"), which will take place at the location and at the time to be announced by the Tender Committee.
2.11.2. The Tender Committee may limit the number of participants on behalf of a Participant in the Conference, and may request a prior confirmation for participation in the Conference.
2.11.3. It is hereby clarified that the participation of the Participant or its Authorized Representative in the Conference shall not be a Pre -
Qualification Requirement nor a requirement for submission of the Pre -
Qualification Submissions, and shall not be mandatory.
2.11.4. At the Conference, the Tender Committee may answer questions referred to it by Participants. However, it is hereby clarified that the Tender Committee shall not be bound by, and Participants shall not rely on, any oral
23
representation or information made by the Tender Committee or Participants during the Conference , and any such information shall be provided for informative purposes only . Only an Addenda or written minutes issued by the Tender Committee , if issued, following the Conference in accordance with the provisions of Section 2.10 (Addenda)
above, shall be binding.
2.12. Intellectual Property Rights
The Pre-Qualification Documents and any and all intellectual property rights therein, including any professional and general matters with respect to the Project, are exclusively owned by the Tender Committee and are supplied to the Participants solely for the purpose of participation in the Pre-Qualification Process.
2.13. Information Supplied to the Participants
2.13.1. The description of t he Project detailed in each section of this Invitation is general and indicative only. The actual scope of works and further particulars with respect to the Project may differ from the description thereof in this Invitation.
2.13.2. In any event and without derogating from the foregoing, to the extant applicable during the Pre-Qualification Process, Participants are required to independently examine and verify all aspects of the Project, inter alia, the Site, its borders and surrounding, all statutory plans relating thereto, the Pre-
Qualification Documents and any other legal, organizational, operational, technical or financial detail relevant to the Pre-Qualification Submission.
2.13.3. The Tender Committee does not represent or warrant that the information contained in the Pre -Qualification Documents or any other information which it or anyone on its behalf is making available to Participants, is either complete or accurate or has undergone any independent verification of the Tender Committee, and the Tender Committee shall not be responsible for such information and/or any use of such information by the Participants and/or anyone on their behalf and/or the Successful Bidder and/or anyone on its behalf.
2.13.4. The iss uance of the Pre -Qualification Documents, including any information and data provided therein or by the Tender Committee or anyone on its behalf, shall not be construed as giving rise to or creating any representation, undertaking or warranty by the Tender Committee or anyone on its behalf with respect to the Project and its execution.
2.13.5. It is expressly understood that any reliance of a Participating Entity and/or any Entity and/or anyone on their behalf, including their employees, officers, ag ents, or any other persons for whom Participants may be contractually or legally responsible or accountable, on any information contained in the Pre -Qualification Documents or provided in connection therewith, and the making of any deductions, interpretations or conclusions from information which is made available by the Tender Committee or anyone on its behalf, is at the Participants’ sole risk, and the Participants
24
shall refrain from any claim against the Tender Committee and/or against anyone on its behalf with respect thereto. The Tender Committee shall not be responsible in any respect for any loss or damage whatsoever suffered by a Participating Entity and/or any Entity, their employees, officers, agents, or any other persons for whom Participants may be contractually or legally responsible or accountable, by reason of any use of information contained in the Pre-Qualification Documents or provided in connection therewith, or any action or forbearance in reliance thereon.
2.14. Advisors to the Tender Committee
2.14.1. The Entities participating in the Pre -Qualification Process shall refrain, during the Pre -Qualification Process, the Tender Process or the Project, from creating or maintaining a conflict of interests, including a conflict of interest which may arise
תוכן המסמך: מסמכי הליך
Publication Version
A TENDER FOR THE
FINANCE, DESIGN, CONSTRUCTION, OPERATION,
MAITENANCE AND TRANSFER OF AN LPG STORAGE
FACILITY AT YAVOR
AN INVITATION FOR PRE-QUALIFICATION NO.
1/2025
ANNEX C
PRE-QUALIFICATION FORMS
2025
Page 2 of 33
TABLE OF CONTENTS
Pre-Qualification Form “1” - The Pre-Qualification Submission Letter Pre-Qualification Form “2” - The Participant Pre-Qualification Form “3” - The Participating Entities Pre-Qualification Form “4” - Letter of Guarantee Pre-Qualification Form “5” - Public Entities Transactions Law Affidavit Pre-Qualification Form “6” EPC Expert Experience Pre-Qualification Form “7” Design Experience Provider Pre-Qualification Form “8” Construction Experience Provider Pre-Qualification Form “9” Criminal Information Affidavit Pre-Qualification Form “10” - Financial Pre -Qualification Requirements Compliance
Page 3 of 33
PRE-QUALIFICATION FORM “1”
THE PRE-QUALIFICATION SUBMISSION LETTER
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
To:
Chairman of the Tender Committee
Dear Sir,
Re: Invitation for Pre-Qualification to a Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of a Solar PV Power Plant (the "Invitation")
In response to the Invitation issued on [·], 2025, extending an invitation to submit a Pre -
Qualification Submission which we have read and understood, w e, the undersigned, submit this Pre-Qualification Submission.
1. We, the undersigned, ____________ _ (the "Participant") [name of Participant to be completed if incorporated], and all the Members thereof, __________________; __________________;
__________________; [names of Members to be completed] have thoroughly and carefully read the Invitation, and are pleased to submit our Pre-Qualification Submission.
2. We agree to all of the provisions in the Invitation and all obligations included therein, and in particular the rights reserved to the Tender Committee , and we submit our Pre -Qualification Submission in accordance with the terms and provisions contained therein.
3. We warrant that the Pre-Qualification Submission is accurate, complete and up -to-date at the time of the Pre -Qualification Submission Date, in accordance with the requirements of the Invitation.
4. We acknowledge and accept the provisions of Section 9.3 (Reservation of Rights ) and 9.4 (Prerogatives of the Tender Committee ) of the Invitation, and without derogating from the generality of the foregoing, understand that the submission of our Pre -Qualification Submission shall not be deemed in any way to create an obligation on the part of the Tender Committee to announce our compliance with the Pre -Qualification Requirements; that the Tender Committee has the right to re ject, as it deems appropriate, the Pre-Qualification Submission submitted by the Participant; and that the Tender Committee has the right, as it deems appropriate, to annul the Pre-Qualification Process and to reject all Pre -Qualification Submissions at any time, all, in accordance with the provisions of the Invitation.
5. Incorporated hereto, and made an integral part of the Pre-Qualification Submission, are all Pre-
Qualification Forms, attachments and annexes thereto, and other annexes attached to the Pre -
Qualification Submission as described herein:
Page 4 of 33
• Pre-Qualification Form “1” The Pre-Qualification Submission Letter • Pre-Qualification Form “2” The Participant • Pre-Qualification Form “3” The Members of the Participants and Guarantors • Pre-Qualification Form “4” The Letter of Guarantee • Pre-Qualification Form “5” Public Entities Transactions Law Affidavit • Pre-Qualification Form “6” EPC Expert Experience • Pre-Qualification Form “7” Design Experience Provider • Pre-Qualification Form “8” Construction Experience Provider • Pre-Qualification Form “9” Criminal Information Affidavit • Pre-Qualification Form “10” Financial Pre-Qualification Requirements Compliance
6. Attached herein is a copy original [check applicable] of the receipt payment of the Participation Fee.
7. The undersigned acknowledges receipt, understanding and full consideration of the following Addenda to the Pre -Qualification Documents, issued until the Pre -Qualification Submission Date:
Addendum No. _____ Date Received: _____
Addendum No. _____ Date Received: _____
Addendum No. _____ Date Received: _____
Addendum No. _____ Date Received: _____
Addendum No. _____ Date Received: _____
...
[to be completed]
8. Detailed herein is information which the Participant considers to be of a commercially sensitive or secret nature concerning the Pre -Qualification Submission [to be completed in accordance with the provisions of Section 6.4 ( Identification of Sensitive or Classified Information ) of the Invitation]:
Page 5 of 33
9. Capitalized terms in the Pre-Qualification Forms shall have the meaning ascribed thereto under the Invitation.
10. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
11. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory (ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation , as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his /her presence.
Publication Version
Page 6 of 33
PRE-QUALIFICATION FORM “2”
THE PARTICIPANT
[To be completed and signed by the Participant (if the Participant is incorporated on the Pre-Qualification Submission Date) and all Members of the Participant]
1. Participant - General Information
Participant Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Authorized Representative
Name:
Phone:
E-mail:
3. Anticipated Holdings in the Participant
Member’s Name Anticipated Holdings
____%
____%
____%
The Participant hereby confirms that it complies with Section 3.1.1 of the Invitation.
Page 7 of 33
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
The Participant
Member
Member
Member
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory (ies) on behalf of the Participant or the Member (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as appl icable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his /her presence.
Publication Version
Page 8 of 33
PRE-QUALIFICATION FORM “3”
THE PARTICIPATING ENTITIES
[To be completed and signed by each Participating Entity, on a separate form]
1. Participating Entity - General Information
Position: Member
Guarantor
EPC Expert
Design Experience Provider
Construction Experience Provider
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Legal Status
Limited Liability Company
Registered Limited Partnership
Registered General Partnership
Other: __________________________________________ [please provide further details]
* Attached are authenticated copies of the Participating Entity’s certificate of incorporation.
Except for official and authenticated certificates of Israeli corporations submitted in Hebrew, certificates of incorporation provided by an Entity in any language other than English should be accompanied by a translation to English pursuant to Section 7.3 of the Invitation.
3. Registration Data
Registration Number:
Place of Registration:
Date of Registration:
Page 9 of 33
4. Interested Parties in the Participating Entity
* Attached is an updated full chart describing the corporate holding structure, which lists all the entities controlling the Participating Entity, up to the ultimate controlling party.
5. Warranties and Representations:
5.1. The Participating Entity hereby warrants and represents that it complies with and satisfies all of the requirements stipulated in Sections 3.5.1 to 3.5.5 of the Invitation.
5.2. The execution and delivery by the Participating Entity of the Pre-Qualification Forms submitted by it in connection with the Pre -Qualification Submission are within its corporate powers, have been duly authorized by all necessary corporate and other actions and do not contravene: (i) the organizational documents of t he Participating Entity; (ii) any law, rule or regulation applicable to the Participating Entity; (iii) to the best of the undersigned’s knowledge, any judgment, writ, injunction, decree or ruling of any court or other governmental body applicable to the Participating Entity; or (iv) any agreement, contract or other instrument known to the undersigned to which the Participating Entity is a party or to which it is subject.
5.3. The Participating Entity has not, directly or indirectly, induced or solicited any other Participant, Member or Guarantor to put in a false or sham Pre -Qualification Submission, and has not by itself, or directly or indirectly, colluded, arranged or agreed with any other Pa rticipant, Member or Guarantor to secure any advantage against any other Participant, or to secure any advantage against the Tender Committee or anyone interested in the Project.
5.4. The Participating Entity participates in the Pre -Qualification Process only within this Pre-Qualification Submission.
5.5. Any Entity which exercises Control over the Participating Entity, any Entity under the common Control thereof, and any Entity Controlled thereby, does not participate in the Pre-Qualification Process except within this Pre-Qualification Submission.
5.6. The Participating Entity [check if applicable] does not employ or engage, directly or indirectly, any of the advisors to the Tender Committee detailed in Annex B of the Invitation, for the purposes of the Pre -Qualification Process or the Tender; and/or [check if applicable] employs or engages or has employed or engaged, directly or indirectly, ________________ [name of advisor] which appears as an advisor to the
Page 10 of 33
Tender Committee detailed in Annex B of the Invitation and has an engagement with respect to the following: ________________________________.
5.7. To the best of the Participating Entity’s knowledge, and with respect to those parts of the Pre-Qualification Submission concerned with the Participating Entity:
5.7.1. The Pre-Qualification Submission submitted by the Participant is not made in the interest of, or on behalf of, any undisclosed person, corporation, company, voluntary association, partnership, trust, or unincorporated association;
5.7.2. The Pre-Qualification Submission is genuine and not collusive or sham; and
5.7.3. All the information contained in the Pre-Qualification Submission is true, accurate, complete and current as of the Pre-Qualification Submission Date.
5.8. The Participating Entity has read the Invitation and is familiar with the provisions thereof, and in particular the provisions of Section 9.3 (Reservation of Rights) and 9.4 (Prerogatives of the Tender Committee) of the Invitation.
5.9. All matters relating with respect to the Pre-Qualification Process shall be subject to the Laws of the State of Israel.
5.10. The applicable court in Jerusalem shall have the sole jurisdiction over all matters and all disputes arising in connection with the Pre-Qualification Process.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
EPC Expert
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory (ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his/her presence.
Publication Version
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PRE-QUALIFICATION FORM “4”
LETTER OF GUARANTEE
[to be completed and signed by each Guarantor, on a separate form]
The undersigned ________________ [name of the Guarantor] (the "Guarantor"), hereby confirms and warrants to the Tender Committee as follows:
1. The Guarantor [please check the applicable]:
Controls the _____________ [name of Member seeking to rely on the Guarantor] (the "Relying Member") by means of __________________________ [please provide legal opinion confirming that the Guarantor Controls the Member];
is a Member of the Participant together with _____________ [name of Member seeking to rely on the Guarantor] (the "Relying Member").
2. The Guaranteed Portion: _____%.
3. The Relying Member has informed the Guarantor of the Invitation and its participation in the Pre-Qualification Process as a Member of the Participant.
4. The Guarantor hereby requests that its own financial information, which is included in the Pre-Qualification Submission submitted by the Participant, will be taken into account in determination of Relying Member's compliance with the Financial Pre -Qualification Requirements set forth in Sections 4.1 of the Invitation , instead of or together with such Member's financial information.
5. The Guarantor shall provide the Tender Committee with any information (including any financial information) which may be required by the Tender Committee at any stage of the Pre-Qualification Process in order to carry out its evaluation of the Pre -Qualification Submission.
6. In the event the Tender Committee determines that the Pre -Qualification Submission submitted by the Participant complied with the requirements of the Invitation, and the Participant will be announced Eligible Participant and invited to submit a Bid in accordance with the provisions of the Tender Documents, the Guarantor hereby undertakes to issue the Tender Committee, within the Bid to be submitted (if submitted) by the Participant, with the Member’s and Guarantor's undertaking that shall be detailed under the Tender Documents.
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Unless otherwise defined herein, all the capitalized terms in this Pre-Qualification Form shall have the meaning ascribed thereto under the Invitation.
Faithfully yours,
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory(ies) on behalf of the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his /her presence.
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PRE-QUALIFICATION FORM “5”
PUBLIC ENTITIES TRANSACTIONS LAW AFFIDAVIT
(To be completed and signed, to the extant required under Law, by each Entity incorporated in the State of Israel, or registered in Israel as a Foreign Company as defined under the Companies Law 1999)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
Affidavit
Pursuant to Articles 2b1(a) and 2b(b) of Public Entities Transactions Law, 5736 -1976 (hereinafter: "Public Entities Transactions Law"):
I the undersigned______________ [ Declarant's Full Name] , bearer of __________ [ Country] passport/Israeli I.D. no. ____________, having been forewarned that I am to declare the truth and that I will be subject to the penalties imposed by law if I do not do so, hereby affirm in writing as follows:
1. I am authorized to make this affidavit on behalf of _______________ (hereinafter: the [check the applicable ] “Participant” / “Member” / “Guarantor”) by the authorization of the company;
2. The terms and phrases in this affidavit are in accordance with their meaning as ascribed in the Invitation, and the Public Entities Transactions Law (Enforcement of Bookkeeping, Payment of Tax Duties and Minimum Wages and Lawful Employment of Foreign Workers), 5736 – 1976 (“Public Transactions Law”).
3. I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Neither the [check the applicable ] Participant / Member / Guarantor nor its affiliates* have been convicted of more than two offences under the Minimum Wage Law, 5747-1987 or the Employment of Foreign Workers Law, 5751 -1991; (*affiliate for the purpose of this Affidavit, shall have the meaning ascribed thereto in the Public Entities Transactions Law).
□ The [check the applicable] Participant / Member / Guarantor or its affiliates have been convicted of more than two offences, however at the Pre -Qualification Submission Date at least one year has elapsed since the last conviction date;
4. I hereby declare that the [check the applicable] Participant / Member / Guarantor is in compliance with the following [check the applicable]:
□ Alternative A – The provisions of Article 9 of the Equal Rights for People with Disabilities Law, 5758 -1998 (" Equal Rights Law ") do not apply to the [ check the applicable ] Participant / Member / Guarantor.
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□ Alternative B – The provisions of Article 9 of the Equal Rights Law apply to the [ check the applicable] Participant / Member / Guarantor and it is in compliance with them, and the following applies [check the applicable]:
□ The [ check the applicable ]
Participant /
Member /
Guarantor does not
employ over 100 employees;
□ The [check the applicable]
Participant /
Member /
Guarantor employs over
100. employees, and [check the applicable]:
□ declares that it will apply to the general manager of the Ministry of Labor, Social Affairs and Social Services for the evaluation of its compliance with its obligation under Article 9 of the Equal Rights Law, and should it be deemed necessary – be provided with guidance for their compliance; or □ declares that it had previously applied to the general manager of the Ministry of Labor, Social Affairs and Social Services for the scrutiny of its compliance with its obligation under Article 9 of the Equal Rights Law, and, if it was provided with guidance for compliance with them, it had acted accordingly.
If this declaration is made pursuant to Alternative B above, the [ check the applicable] Participant / Member / Guarantor hereby commits, within thirty (30) days of the Pre-
Qualification Submission Date, to provide a copy of this declaration to the general manager of the Ministry of Labor, Social Affairs and Social Services.
5. This is my name, this is my signature and the content of the Affidavit above is true.
__________________
[Declarant's Signature]
I, the undersigned, ____________, ☐ attorney-at-law ☐ public notary [check applicable box], hereby confirm that on ____________, Mr./Mrs. ____________, I.D. No. ____________ appeared before me, and after being cautioned that he/she is required to state the truth, and that if he/she fails to do so he/she shall be liable to the punishments prescribed by law, signed this statement in my presence.
In addition, I, ____________, ☐ attorney-at-law ☐ public notary [check applicable box], hereby do attest and confirm that ____________ is authorized to sign on behalf of ____________, and to commit it for purposes of the above stated Pre-Qualification Form, for all purposes and intents.
____________________
Attorney-at-Law / public notary
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PRE-QUALIFICATION FORM “6”
EPC Expert Experience
(To be completed by the EPC Expert and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “6” (EPC Expert Experience) shall have the meaning ascribed thereto in the Tender Documents.
1. EPC Expert - General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the EPC Expert) - General Information Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship
between EPC
Expert and Entity
(check the
applicable)
exercises Control over the EPC Expert;
EPC Expert
directly holds at least 20% of all the Means of Control in the Entity, providing that the EPC Expert was accountable jointly and severally for such Entity;
the Entity is indirectly held by
the EPC Expert and 100% of the Means of Control are Effectively held by the EPC Expert.
[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g.
reports issued by the Registrar of Companies, organizational charts, etc.]
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3. Required experience of the EPC Expert pursuant to Section 5.1.1 of the Invitation:
# Item 1Project
.
“1” “2”
1. Name of referenced
project
2. Type of Infrastructure
Project
3. Location of referenced
project
4. Role of Entity
Main Contractor
under an EPC Contract
for the Design and
Construction
Main Contractor
under an EPC Contract
for the Design and
Construction
5. Completion date
6. Months of operation
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
________________
Contract Value:
_________________
Original currency:
________________
Contract Value:
_________________
Page 17 of 33
# Item 1Project
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
* Calculated using the exchange rates under Section 4.2.6.1.4 of the Invitation or approved by the Tender Committee pursuant to Section 4.2.6.2 of the Invitation.
1The EPC Expert/Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
Page 18 of 33
Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
EPC Expert
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liabl e to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “7”
Design Experience Provider
(To be completed by Design Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “7” (Design Experience Provider) shall have the meaning ascribed thereto in the Tender Documents.
1. Design Experience Provider - General Information Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Design Experience Provider) -
General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship
between Design
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Design Experience Provider ;
Design Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Design Experience Provider was accountable jointly and severally for such Entity;
the Entity is indirectly held by the Design Experience Provider and 100% of the Means of Control are Effectively held by the Design Experience Provider.
[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g.
reports issued by the Registrar of Companies, organizational charts, etc.]
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3. Required experience of the Design Experience Provider pursuant to Section 5 .2 of the Invitation:
# Item 1Project
.
“1” “2”
1. Name of referenced
project
2. Type of Project - Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
________________
Contract Value:
_________________
Original currency:
________________
Contract Value:
_________________
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# Item 1Project
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Design Experience Provider /Entity may (and is encouraged to) submit more than (1) one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
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Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Design
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liabl e to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “8”
Construction Experience Provider
(To be completed by Construction Experience Provider and Entity demonstrating experience, as applicable)
All capitalized terms in this Pre-Qualification Form “8” (Construction Experience Provider)
shall have the meaning ascribed thereto in the Tender Documents.
1. Construction Experience Provider - General Information Name:
Business Address:
Phone:
Facsimile:
E-mail:
2. Entity demonstrating required experience (if not the Construction Experience Provider)
- General Information
Name:
Business Address:
Phone:
Facsimile:
E-mail:
Relationship
between
Construction
Experience
Provider and
Entity (check the
applicable)
exercises Control over the Construction Experience Provider;
Construction Experience Provider directly holds at least 20% of all the Means of Control in the Entity, providing that the Construction Experience Provider was accountable jointly and severally for such Entity;
the Entity is indirectly
held by the Construction Experience Provider and 100% of the Means of Control are Effectively held by the Construction Experience Provider.
[please provide appropriate explanation, attested to by an attorney, demonstrated by applicable documentation, e.g.
reports issued by the Registrar of Companies, organizational charts, etc.]
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3. Required experience of the Construction Experience Provider pursuant to Section 5.3.2 of the Invitation:
# Item 1Project
.
“1” “2”
1. Name of referenced
project
2. Type of Project - Process
Facilities/ Process Piping
Systems
3. Location of referenced
project
4. Role of Entity
5. Completion date
6. Months of operation
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
Months: ___________
at least twenty -four
(24) consecutive months
following Completion
7. Contract Value in
original currency
Original currency:
________________
Contract Value:
_________________
Original currency:
________________
Contract Value:
_________________
Page 25 of 33
# Item 1Project
.
8. Contact details of the
project owner /operator
(Email, telephone
number)
1The Construction Experience Provider/Entity may (and is encouraged to) submit more than (1)
one project to demonstrate compliance with the requirements and submit the additional projects in separate forms if necessary.
Additional Relevant Information:
(please specify additional relevant information or attach to this Tender Form relevant documentation.)
Page 26 of 33
Faithfully yours,
Stamp and
Signature
Date Confirmation by
Attorney(*)
Date
Construction
Experience
Provider
Entity
demonstrating
experience
(*) In his/her signature the attorney attests and confirms that the signatory(ies) on behalf of the Entity are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Tender Form, for all purposes and intents. The attorney also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liabl e to the punishments prescribed by law, signed this Tender Form in his/her presence.
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PRE-QUALIFICATION FORM “9”
CRIMINAL INFORMATION AFFIDAVIT
(To be completed on a separate form by each Participating Entity, (ii) Chairman of the Board of Directors of each Member, (iii) Chief Executive Officer of each Member, (iv) any Chief Officer of a Member which is significantly involved in the Pre-Qualification Process, in the Tender Process or in the Project; (including individuals)
and (v) the O&M Contractor (if exists) and any member of the O&M Contractor)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
To:
Gal Lando, Chairman of the Tender Committee
Accountant General Division
Ministry of Finance
Jerusalem
Dear sir,
Re: Invitation for Pre -Qualification to a Tender for Tender for the Finance, Design, Construction, Operation, Maintenance and Transfer of An LPG Storage Facility At YAVOR (the "Invitation")
I, the undersigned, ______________, ID no. / Passport no. ___________ after having been forewarned that I am to declare the truth and that I will be subject to the penalties prescribed by Law should I refrain from doing so, hereby declare in writing as follows:
1. In this affidavit:
"Criminal Information Law" shall mean the Criminal Information and Rehabilitation Law, 5779-2019.
"Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information)" shall mean the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information - Limiting Information on Pending Cases where no Indictment has been filed), 5782-2022.
"Offence" shall mean: (i) the criminal offences included in Sections 6-10 of Annex 4 [ הרביעית] to the Criminal Information Law, 5779 -2019 (the "Criminal Information Law" ), (ii) the criminal offences included in Chapters Seven (National Security, Foreign Relations and Official Secrets), Eight (Offences Against Political and Social Order), Nine (Offences relating to Public Order and Justice) or Ten (Bodily Harm) to the Pena l Law, 5737-1977; (iii) similar offences under foreign laws; whether committed in Israel or abroad.
2. I serve as _______________________________ of ______________________________.
3. I hereby give this affidavit [check the applicable] -
on behalf of myself and with respect to myself;
Page 28 of 33
on behalf of ________________________, in its capacity as: Member Guarantor Experience Provider EPC Contractor1 O&M Contractor2 ("Referenced Entity").
4. This affidavit is given as part of the Pre-Qualification Process in reference and as part the Pre-
Qualification Submission of ______________________________ [the Participant] , and subject to the provisions of the Criminal Information Law and its Regulations.
5. Following an inquiry and examination that I have conducted with respect to □ myself □ the Referenced Entity [check the applicable] ("Applicable Entity"), I hereby declare that:
□ (i) The Applicable Entity was not convicted of an Offence, and (ii) there is no criminal information relating to an Offence regarding the Applicable Entity, in the criminal record [, as such term is defined in Sections 1 and 14 of the Criminal Information Law [ (or any equivalent foreign registration); with respect to which the relevant statute of limitation period [ההתיישנות] and/or deletion period [ המחיקה] pursuant to such law – has not yet expired.
□ (i) The Applicable Entity was convicted of an Offence, and (ii) there is criminal information relating to an Offence regarding the Applicable Entity, in the criminal record המרשם הפלילי], as such term is defined in Sections 1 and 14 of the Criminal Information Law [ (or any equivalent foreign registration); with respect to which the relevant statute of limitation period [ההתיישנות] and/or deletion period [ המחיקה] pursuant to such law – has not yet expired; but such informat ion should not preclude the Participant from participating in the Pre-Qualification Process, or the Tender Process or from executing the Project , for the following reasons [Please provide full details of the Offence and conviction and the reasons for not disqualifying the Participant]:
______________________________________________________________ ______________________________________________________________ □ (i) To the best of my knowledge, no investigation is being conducted, nor indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is no criminal information relating to an Offence, regarding the Applicable Entity, in the police record [, as such term is defined in Sections 1 and 30 of the Criminal Information Law [ (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Info rmation and Rehabilitation Regulations (Restriction on the Disclosure of Information ) (or any equivalent foreign law) – has not yet expired.
□ (i) An investigation is being conducted, or indictment has been served, against the Applicable Entity with respect to an Offence, and (ii) there is a criminal information relating to an Offence, regarding the Applicable Entity, in the police record המרשם המשטרתי], as such term is defined in Sections 1 and 30 of the Criminal Information Law
1. Only in the event the EPC Contractor exists at the Pre-Qualification Submission Date.
2. Only in the event the O&M Contractor exists at the Pre-Qualification Submission Date.
Page 29 of 33
[ (or any equivalent foreign registration); with respect to which the relevant period pursuant to the Criminal Information and Rehabilitation Regulations (Restriction on the Disclosure of Information – Limiting Information on Pending Cases where no Indictment has been filed) (or any equivalent foreign law) – has not yet expired;
but such information should not preclude the Participant from participating in the Pre-
Qualification Process or the Tender Process or from executing the Project , for the following reasons [Please provide full details of the Offence and investigation / indictment and the reasons for not disqualifying the Participant]:
______________________________________________________________
6. The Israeli Police is entitled to disclose to the Tender Committee information relating to the Applicable Entity, from the criminal record [ and from the police record [ המשטרתיin accordance with the Criminal Information Law and its Regulations, for the purpose of the Pre-Qualification Process or the Tender Process, pursuant to Sections 14 and
30. of the Criminal Information Law.
7. The above consent shall also apply to the disclosure of criminal information to the Tender Committee from time to time, for the purpose of periodic review of any changes to the criminal information relating to the Applicable Entity.
8. I acknowledge that pursuant to the Criminal Information Law, every person has the right to review information about themselves in the criminal record and the police criminal record.
9. I acknowledge that if there is any such record relating to the Applicable Entity, it shall not necessarily preclude participation in the Pre-Qualification Process or the Tender Process, and that I am entitled to provide information relating to rehabilitation or personal matters, in order for such information to be taken into account in the examination of the Pre-Qualification Submission (and the Bid), in accordance with the criteria set by Law.
10. I acknowledge and agree that in the event the Tender Committee or the State, as the case may be, disqualify the Participant or Bidder, as the case may be, or impose conditions on the Participant or the Bidder, as the case may be, or following the execution of the Agreement terminate the Agreement, based on criminal information pertaining to the Applicable Entity, the Participant, Bidder or Concessionaire/Project Company, as applicable, will be notified that such decision was due to pertaining to the Applicable Entity, without detailing the content of such information.
11. I hereby waive the right to receive notice about the disclosure of criminal information pertaining to the Applicable Entity to the Tender Committee, subject to the Criminal Information Law and its Regulations.
This is my name, this is my signature and all of the above is the truth.
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________________ ________________________________ Date Name, Signature and Stamp
[in case the affidavit is given on behalf of a Referenced Entity – fill-in the below confirmation:]
I, ___________________, attorney-at-law, hereby do attest and confirm that _______________ is authorized to sign on behalf of ______________________________, and to commit it for purposes of the above stated Pre-Qualification, for all purposes and intents.
____________________
Attorney-at-Law
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PRE-QUALIFICATION FORM “10”
FINANCIAL PRE-QUALIFICATION REQUIRERMENTS COMPLIANCE (To be completed by the CEO or CFO of each Member or Guarantor, or by an equivalent position holder thereof)
(Capitalized terms shall have the meaning ascribed to them in the Invitation)
I, _____________, the undersigned, am making this affidavit on behalf of _____________ (name of Participating Entity) ("the Participating Entity"):
1. I hold the position of a CEO / CFO / Equivalent position: _____________ (circle the relevant option) and I am authorized to make this affidavit in the Participating Entity's name and on its behalf.
2. Attached as Annex A is the Participating Entity's relevant Financial Statement(s). The Financial Statement(s) attached comply with all the provision s set forth in Section 4.2 (Content and Submission Form) of the Invitation.
3. The Participating Entity's most recent and updated Financial Statement (s) are for the fiscal year(s) _____________ [the year(s) of most recent financial statements to be completed ; For the removal of doubt, the year of most recent financial statement shall not be earlier than 2024; In the event the Participating Entity submitted Financial Statements for more than one year it shall state all the years ]
4. In accordance with the financial information included in the Financial Statement(s), the Participating Entity complies with the relevant Financial Pre-Qualification Requirements, as follows (check applicable):
For a Participating Entity
which is not a Financial
Entity according to:
Alternative A
Alternative B
For a Participating Entity which
is a Financial Entity according to:
Section 4.1.5 of the Invitation
(applicable for Private Investment
Fund)
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Section 4.1.6 of the Invitation
(applicable for Institutional Investor
or Banking Corporation)
Section 4.1.7 of the Invitation
(applicable for Investment Entity)
Stamp and
Signature
Date Confirmation by
attorney
person who is
legally qualified
by law within
his/her domicile
to provide such
confirmation (*)
Date
Member
Guarantor
(*) In his/her signature the attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, attests and confirms that the signatory (ies) on behalf of the Member or the Guarantor (as the case may be) is/are authorized to sign on behalf of such Entity and to commit such Entity for purposes of this Pre-Qualification Form, for all purposes and intents. The attorney or person who is legally qualified by law within his/her domicile to provide such confirmation, as applicable, also confirms that the signatory(ies) on behalf of such Entity appeared before him/her and after being cautioned that they are required to state the truth, and that if they fail to do so they shall be liable to the punishments prescribed by law, signed this statement in his /her presence.
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PRE-QUALIFICATION FORM “10” - ANNEX A
FINANCIAL STATEMENTS
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre -Qualification Requirements according to Alternative A, shall attach hereto its three (3) latest audited Financial Statements.
Each Member of the Participant and each Guarantor who is not a Financial Entity, that chooses to demonstrate its compliance with the Financial Pre -Qualification Requirements according to Alternative B, or is a Financial Entity shall attach hereto its most recent audited Financial Statements.
מסמכים נלווים
- מסמך הבהרת עורך המכרז · המקור באתר המפרסם
- מסמכי הליך · המקור באתר המפרסם
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- חוברת המכרז · המקור באתר המפרסם
- מסמכי הליך · המקור באתר המפרסם
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- מענה לשאלות הבהרה · המקור באתר המפרסם
- מענה לשאלות הבהרה · המקור באתר המפרסם
- מענה לשאלות הבהרה · המקור באתר המפרסם
- חוברת המכרז · המקור באתר המפרסם
- מסמכי הליך · המקור באתר המפרסם
- מסמכי הליך · המקור באתר המפרסם