FOSCOR-RFP-01-26/27 request for proposal for the once – off supply of bulk sulphur of 35 000 – 50 000 tons [+-10% sellers option]

Bidders must sign a Non-Disclosure Agreement (NDA) with Foskor (Pty) Ltd. Key obligations include:

• Treating all Confidential Information as secret and using it solely for bid-related discussions or contract performance.
• Ensuring only necessary personnel (Agents) access Confidential Information, with prior awareness of confidentiality duties.
• Disclosing Confidential Information only if legally required, with prompt notification to Foskor.
• Securely storing all Information and maintaining written records of its location and copies.
• Returning or destroying all Confidential Information within 7 days of a written demand from Foskor, with a director-signed compliance certificate if requested.
• Complying with South African privacy laws (Section 14 of the Bill of Rights) and ensuring data protection measures are in place.
• Not disclosing bid interest or using Foskor’s name for publicity without prior written consent.

General terms include:

• No assignment of the Agreement without prior written consent (except Foskor to Foskor Group members).
• No waiver of rights due to delay or partial exercise.
• Severability of provisions if any are invalid.
• Modifications require written agreement signed by authorised representatives.
• No partnership, joint venture, or agency relationship is created.
• Governing law is South African, with exclusive jurisdiction of South African courts.

• For bidding procedure and technical enquiries: Contact Ruth Springbok.
• Email: [email protected].
• Telephone: 011 347 0619.
• After the closing date, contact the AC Secretariat: Mpho Thipe at [email protected].
• Bid submissions must be emailed to [email protected].

• Submit your bid by email to [email protected].
• Closing date: 24 June 2026 at 12:00 PM (South African Time).
• Ensure all returnable documents listed in Section 5 are completed and submitted.
• Sign, stamp, and date every page of your submission.
• The person signing must be legally authorised.
• Do not alter the RFP documents; any additional conditions must be in a separate letter.
• Late submissions will not be considered.
• Bidders may be requested to extend the bid validity period (3 business days from closing).
• After closing, only communicate with the AC Secretariat (Mpho Thipe) at [email protected].
• Clarification requests must be submitted via the RFP Clarification Request Form to Ruth Springbok by 16:00 on 23 June 2026.
• All addenda and clarifications will be published on the National Treasury e-tender portal.
• Collusion among bidders will lead to disqualification and restriction from state business.

Pre-qualification requires proven experience: evidence (Bill of Lading, Contract, Vessel Details) of delivering 100,000 tons or more of bulk sulphur to South Africa within the last 24 months. Mandatory technical criteria: Confirmation of vessel LOA not exceeding 180m; Compliance with strict vessel requirements (classification, age, insurance, sanctions); Compliance with mandatory inspection and sampling procedures; Submission of a valid Material Safety Data Sheet (SDS) not older than 5 years. Foreign suppliers must answer a specific questionnaire regarding their presence in South Africa.

• Product: Bulk sulphur.
• Quantity: 35,000 to 50,000 tons (±10% seller's option).
• Incoterms: CFR Richards Bay, South Africa.
• Discharge rate: Minimum 5,000 tons per 24 hours.
• Vessel requirements:
• Maximum length overall (LOA): 180 meters.
• Vessel classification: Lloyds +100 A1 or equivalent.
• Vessel age: Not older than 10 years unless all overage surveys and conditions of class are completed.
• Must be entered with an International Group P&I Club and have suitable H&M insurance.
• Vessel, owners, and operators must not be on any USA, UK, or EU sanctions list.
• Product specification:
• Form: Bright yellow, granular/prilled/pellets, free-flowing, free from dust, rust, and lumps.
• Purity (dry basis): Minimum 99.80%.
• Ash content: Maximum 0.02%.
• Carbon: Maximum 0.02%.
• Moisture: Maximum 1.5% (moisture over 0.5% will be deducted from invoice).
• Particle size (<600 microns): Maximum 1.5%.
• Iron (as Fe): Maximum 20 mg/kg.
• Acidity: Maximum 0.02%.
• Chlorides (as Cl): Maximum 50 mg/kg.
• Must be commercially free from arsenic, selenium, tellurium, and fluoride.
• Mandatory inspection and sampling at load and discharge ports by independent surveyors using ISO/IEC 17025 accredited methods.
• Foskor representatives will witness load port analysis.
• Samples will be sealed and distributed for analysis; umpire analysis is final and binding.
• Supplier must provide a valid Material Safety Data Sheet (SDS) compliant with the Global Harmonised System.
• Foskor's name must appear as consignee on the Bill of Lading.

• Pricing: Quote in South African Rand (ZAR) inclusive of VAT.
• Pricing schedule: Provide total price for sulphur per ton CFR, for quantities between 35,000 and 50,000 tons.
• Payment terms options: 30 days after Bill of Lading, 60 days after Bill of Lading, Letter of Credit (30 or 60 days from BL), Open Credit, or Other (specify).
• Unconditional discounts will be considered in evaluation.
• For imported content, state the value, percentage, and country of origin.
• If payment is to be remitted overseas, provide beneficiary details and use the SARB exchange rate 7 days before closing.
• Foskor may not award if prices are not market-related; post-tender negotiations may occur sequentially with top-ranked bidders.
• Annual price review: The successful supplier must match or better benchmarked prices within 30 days if found higher.
• Foskor is not liable for exchange rate fluctuations.

• Central Supplier Database (CSD): Register on the CSD before bid submission. Foreign suppliers with no local entity are exempt.
• Tax Compliance: Submit your SARS Tax Compliance Status PIN or printed TCS certificate. For consortia/JVs, each party must submit separately.
• B-BBEE: Submit a B-BBEE Status Level Verification Certificate or sworn affidavit (for EMEs & QSEs). Preference points are awarded based on your B-BBEE level.
• Joint ventures must submit a consolidated B-BBEE scorecard.
• Employment Equity Act: Comply with the Act, including Section 53.
• Legal compliance: The supplier must comply with all applicable laws.
• Security clearance may be required for successful bidder personnel to CONFIDENTIAL/SECRET/TOP SECRET level.
• Submit a valid Material Safety Data Sheet (SDS) not older than 5 years.
• Provide experience documentation proving delivery of at least 100,000 tons of bulk sulphur to South Africa in the last 24 months.
• Confirm vessel LOA compliance.
• Comply with mandatory vessel and inspection requirements.

• Foskor (pty) limited
• Address: Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Building K, 2nd Floor, Gauteng, 1684, South Africa.
• Tel: +27113470600
• Email: [email protected]
• Attention: Rogani Moodley, VP: Legal, Risk and Compliance.

• Sign and return the completed Purchase Contract to the address stipulated in the document.
• Email of the Purchase Contract serves as original unless followed by originals.

• Product: Sulphur in Bulk.
• Quantity: 35,000 – 50,000 tons ±10% (Seller's option).
• Seller may ship as part-cargo with other parcels, segregated in separate holds, with no contamination risk.
• Origin: Open at Seller's option, excluding Iran, Turkmenistan, Russia. Country of origin must be stipulated in Bill of Lading; Seller to provide certificate of origin.
• Packing: In Bulk.
• Inspection: Quality and quantity inspection at loading port by an accredited independent agency (e.g., SGS, Intertek) at Seller's cost; findings are final and binding. Buyer may request simultaneous inspection at its cost.
• Delivery: Arrival at discharge port estimated between [dates to be filled]; subject to weather and no guarantee.
• Port of Discharge: Richards Bay Port, South Africa.
• Cargo Insurance: Covered by Buyer.
• Shipping Terms: CFR (Incoterms 2020), Free Out, Richards Bay. Vessel must be clean, seaworthy, in Class, fully insured, suitable for product, LOA max 180m.
• Discharge Rate: Buyer to discharge at 5,000 MT per weather working day (W.W.D.SHINC).
• Laytime and Demurrage: Detailed laytime commencement and demurrage provisions apply; demurrage/dispatch rates advised at vessel nomination.
• Documents Required: Commercial Invoice, Certificate of Quality, Certificate of Quantity, Certificate of Origin, Cargo Manifest, full set of clean shipped on board Bill of Lading.

• Origin: Open at Seller's option (excluding Iran, Turkmenistan, Russia); certificate of origin required.
• Packing: In Bulk.
• Inspection: Quality and quantity by accredited independent agency (e.g., SGS, Intertek) at Seller's cost.
• Documents: Certificate of Quality and Certificate of Quantity from independent agency required.

• Price: To be quoted CFR (Incoterms 2020), Free Out, Richards Bay, South Africa.
• Payment: In US Dollars based on prevailing exchange rate published in Business Day newspaper on payment date.
• Payment Terms: Within 60 days from Bill of Lading date at discharge port.
• Penalty for Late Delivery: 1% of total CFR value per full week of delay, capped at 5% of total contract price.
• Demurrage: Payable by Buyer if vessel delayed beyond allowed laytime, unless delay due to off-spec product.
• Off-Specification Costs: Seller liable for all discharge, transportation, storage, and ancillary costs if product is off-spec.

• No specific CSD, tax, B-BBEE, CIDB, or CIPC requirements stated in the document.
• Seller must provide safety data sheet compliant with Global Harmonisation System of Classification and Labelling of Chemicals, and basic handling training information.
• Seller warrants it is not subject to any sanctions; goods must not originate from, be provided by, or transported by entities that would cause Buyer to violate U.S. sanctions/export controls.
• Origin restrictions: Excluding Iran, Turkmenistan, Russia.

• Seller must provide a safety data sheet compliant with the Global Harmonisation System of Classification and Labelling of Chemicals.
• Seller must provide basic information for training on the use and handling of sulphur.

• Inspection: Quality and quantity determined by independent agency at Seller's cost; findings final and binding.
• Delivery: Estimated arrival at discharge port; if original Bills of Lading not available, cargo released against Seller's Letter of Indemnity.
• Penalty: 1% of CFR value per week for late delivery, capped at 5% of total price.
• Payment: US Dollars within 60 days from Bill of Lading date.
• Force Majeure: Defined events include war, strikes, government acts, natural disasters; notice required within 5 business days.
• Arbitration: Disputes resolved by arbitration in Johannesburg under South African law and AFSA rules.
• Governing Law: South African law, jurisdiction Johannesburg.
• Warranty: Product fit for ordinary purposes; no suitability warranty; no consequential damages.
• Off-Spec Product: Buyer may cancel contract; Seller liable for all related costs.
• Confidentiality: Contract and information confidential.
• Sanctions: Seller warrants not subject to sanctions; goods must not cause Buyer to violate U.S. sanctions.

• Quality and quantity inspection at loading port by an accredited independent agency (e.g., SGS, Intertek) at Seller's cost.
• Findings are final and binding, save for fraud or manifest error.
• Buyer may request simultaneous independent inspection at its own cost.