Annex 8 to ICCO Procurement Manual

Annex 8 to ICCO Procurement Manual

Annex 8 to ICCO Procurement manual

Invitation to Tender (supplies)

How to complete this request to tender:

Where you see: (Note:….) this is just a guidance for you and you shall delete these notes from the document.

All notes are in red.

Where you see <…> you shall enter information.

In some articles you will have more than one option – choose the option you find best and delete the others – there is always a note to these options.

Options are marked (…)

Where it appears [insert] it is the supplier who shall insert information –

****DELETE This table prior to submitting the Invitation to tender. ****


TO:

<insert name and address> Date of issue: <insert date>
Tender no.:<insert tender no.>
Contract title:<insert contract title>
Closing date:<insert date and time>
Tender opening:<insert date and time>
Contracting Authority:<insert name of organisation>

Contact person: <insert name>
Tel:<insert no>
Fax: <insert no>
E-mail: <insert address>

INVITATION TO TENDER

FOR SUPPLY AND DELIVERY OF <insert title / product>

Dear Sir/Madam,

Further to your enquiry regarding the publication of the above-mentioned invitation to tender, please find enclosed the following documents, which constitute the tender dossier:

A – Instructions to tenderers

B – Draft Contract (special conditions) including Annexes:

Annex 2 to ICCO Procurement Manual: Declaration for Candidates & Tenderers

Annex 9 to ICCO Procurement Manual: General Terms and Conditions (Supply contracts)

When submitting a tender, a signed Declaration for Candidates & Tenderers is mandatory, in order to confirm strict application of ethical conduct. By submitting a tender, the tenderer accepts the special and general conditions of the contract.

In order to enable the tenderer to complete the forms (Tender submission form and Technical data form) electronically, a copy of these documents can be forwarded in a word format upon request. It is strictly forbidden to make alterations in the text. The tenderer will be bound to the original text in accordance with the document forwarded in PDF format or by letter.


A. Instructions to tenderERs

In submitting a tender, the tenderer accepts in full and without restriction the special and general conditions governing this contract as the sole basis of this tender procedure, whatever its own conditions of sale may be, which the tenderer hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender dossier. Failure to submit a tender containing all the required information and documentation within the deadline specified will lead to the rejection of the tender. No account can be taken of any reservation in the tender as regards the tender dossier; any reservation will result in the immediate rejection of the tender without further evaluation.

A.1. Scope of supplies and related services

The subject of the contract are the following supplies, <delivery>, <installation>, <commissioning>, <training>, <after-sales service>:

Lot no.DescriptionQuantityRequired delivery date
1
2
3

a) Delivery

The above supplies shall be delivered to <insert incoterm> <insert destination/place of delivery>, before <insert latest date for delivery>.

b) Specifications

The supplies must comply fully with the technical specifications set out in the tender dossier and conform in all respects with the drawings, quantities, models, samples, measurements and other instructions. Deviations from the specifications may be considered only if deemed to be in the best interest of the Contracting Authority.

Manufacturers’ names, catalogue numbers and model designations appearing in the list are for reference only. Tenders for other equipment that is equal in function, quality and performance to that listed will be given full consideration.

c) Origin

The supplies shall originate from <specify eligible countries as per the donor’s contract conditions>. In the Tender Submission Form, the Tenderer shall attest the origin of the supplies tendered.

(Note: delete this article if there are no requirements from the donor).

d) Spare parts

The supplies described under lot(s) <insert no.> must be accompanied by a “lot” of spare parts and/or of consumables. Neither the unit price nor the overall price of the spare parts will figure in the evaluation of the tender, except where the unit price or the number of parts varies substantially between the tenders received. The list of spare parts must be drawn up by the tenderer in the light of his professional experience and taking account of the places of use; it must show the unit prices of the parts. Nevertheless, the Contracting Authority reserves the right to alter the list of spare parts; any changes will appear in the contract.

The tenderer shall certify availability of spare parts for a period of minimum 5 years from date of delivery.

(Note: delete this article if spare parts are not required)

e) Installation & commissioning

The tenderer shall include in the tender a complete and detailed plan for start-up and commissioning of the equipment at the project site and shall clearly state what is included in the price and what costs are not included.

(Note: delete this article if not required)

f) Training

The tenderer shall include in the tender a complete and detailed training programme for the operation and maintenance of the equipment at the project site and shall clearly state what is included in the price and what costs are not included.

(Note: delete this article if not required)

g) After sales service

The tenderer shall ensure availability of local after sales service and warranty service in <write country and location> and must provide contact details and a description of the local representative responsible for providing after sales service.

(Note: delete this article if after sales service is not required)

A.2. General

The supplies to be purchased are for use by the Contracting Authority in its <insert name of programme> Program in <insert country>. The tenderer can submit a tender for one, several or all lots.

(Note: if you require the tenderer to submit a tender for all lots then correct this wording)

A.3. Cost of Tender

The tenderer shall bear all costs associated with the preparation and submission of the tender and the Contracting Authority will in no case be responsible or liable for these costs, regardless of the conduct or outcome of the tender process.

A.4. Clarification of tender documents and additional information

Tenderers may submit questions in writing at the latest on the date specified in the time table in article A.5., specifying the tender no. and the contract title. Information regarding interpretation of this Invitation to tender must be requested in writing to the Contracting Authority’s contact person.

Tenderers are not allowed to approach the Contracting Authority for oral clarification.

Any clarification of the tender dossier given by the Contracting Authority will be submitted to all tenderers at the latest on the date specified in the time table. If the Contracting Authority provides additional information on the tender dossier, such information will be sent in writing to all other prospective tenderers at the same time.

Any prospective tenderer seeking to arrange individual meetings during the tender period with either the Contracting Authority and/or any other organisation with which the Contracting Authority is associated or linked may be excluded from the tender procedure.

A.5. Planned time table

The Contracting Authority reserves the right to alter the dates and time in the following timetable, in which case all tenderers will be informed in writing and a new timetable will be provided.

DateTime
Deadline for request for any clarifications from the Contracting Authority<Insert date (e.g. approx. 21 days before deadline for submission)><Insert time>
Last date on which clarifications are issued by the Contracting Authority<Insert date (e.g. approx. 11 days before deadline for submission)><Insert time>
Deadline for submission of tenders (closing date)<Insert date><Insert time>
Tender opening session<Insert date><Insert time>
Contract award<Insert date><Insert time>
Contract start<Insert date><Insert time>

All times are in the time zone of <insert country>.

A.6. Eligibility and qualification requirements

Tenderers are not eligible if they do not sign the Declaration for Candidates & Tenderers (Annex 2 to ICCO Procurement Manual) or if might become clear that the tenderer does not fully apply with what is stated in this declaration.

A.7. Nationality rule & Participation

Participation in the tender procedures is open on equal terms to all natural and legal persons <insert if specific requirements such as; legal persons of the European Union Member states etc.>.

(Note: check for specific requirements in the contract with the donor. If there are specific requirements, a copy of the “Company registration certificate” shall be required under the article: Documents comprising the Tender.)

A.8. Exclusion from award of contracts

Contracts may not be awarded to tenderers who, during the procurement procedure:

a) are subject to conflict of interest;

b) are guilty of misrepresentation in supplying the information required as a condition of participation and eligibility in the tender procedure or fail to supply this information;

c) perform, condone or tolerate corrupt, fraudulent, collusive or coercive practices, regardless of whether such practices can be attributed to this tender procedure;

d) attempt to influence the evaluation committee in the process of examination, clarification, evaluation and comparison of tenders, to obtain information on how the procedure is progressing or to influence the Contracting Authority in its decision concerning the award of the contract.

A.9. Language of Tender

The tenders, all correspondence and documents related to the tender exchanged by the tenderer and the Contracting Authority must be written <in the language of the procedure which is English/other language to be specified>.

Supporting documents and printed literature furnished by the tenderer may be in local language.

A.10. Documents comprising the Tender

The Tenderer shall complete and submit the following documents with the tender:

a) Tender submission

The Contracting Authority may either specify the requested information or develop a form to be completed by the tenderer. The information shall include price(s), delivery dates and conditions, company information, references.

Delete this text after choosing an option

b) Technical data

The Contracting Authority may either specify the requested information or develop a form to be completed by the tenderer.

Delete this text after choosing an option

The following documents shall in addition be submitted with the tender:

c) signed Declaration for Candidates & Tenderers

d) manufacturers technical specifications

e) copies of tenderer’s audited financial statement for the last three years.

f) evidence of any quality accreditation

g) (certificate of origin)

h) (tenderer’s company’s registration certificate)

i) (tender guarantee)

j) (offer for after-sales services)

k) (offer for training)

l) (offer for commissioning and installation)

m) (pricelist of recommended spare parts and consumables)

n) manufacturer’s authorization (if the supplier is not the manufacturer)

o) <insert other relevant documents required>

and other relevant information that should be made known to the Contracting Authority.

(Note: delete the options above, which are not required)

A.11. Tender guarantee

(Note: delete this article if not applicable - remember also to delete the form in Annex 4 if not required)

All tenders must be accompanied by a tender guarantee of minimum <1%> of the total tender amount. The guarantee shall be issued in favour of the Contracting Authority and be valid for 45 days beyond the period of validity of the tender. The tender guarantee shall be issued in the form of a first demand guarantee, by an internationally recognized bank or other financial institution, and shall be in accordance with the text in Annex 4. The tender guarantee may also be issued in the form of a banker’s draft, a certified cheque, a bond provided by an insurance company or an irrevocable letter of credit, as long as it creates under the applicable law the same irrevocable, at-first-demand obligations for the guarantor as expressed in the wording of Annex 4.

A.12. Price

The price quoted by the tenderer shall not be subject to adjustments on any account except as otherwise provided in the conditions of the contract.

The tenderer shall quote its prices both FCA[1] and CIF[2], the Contracting Authority reserving the right to purchase either term, whichever is in its best financial interest. (Note: if relevant – otherwise delete).

(Depending on whether the supplies proposed are manufactured locally or are to be imported into the country of the Beneficiary, Tenderers must quote prices on one of the following bases:

1. for supplies manufactured locally, unit and overall prices must be quoted for delivery to the place of destination and in accordance with the above conditions, excluding all domestic taxation applicable to their manufacture and sale including VAT;

2. for supplies to be imported into the country of the Beneficiary, unit and overall prices must be quoted for delivery to the place of destination and in accordance with the above conditions, excluding all duties and taxes applicable to their importation and VAT[3], from which they are exempt.)

(Note: check if the importing office is tax exempted and adjust this paragraph if necessary – delete this note)

(Option 1:)

Prices shall be quoted in <Insert currency>.

(Option 2:)

Prices shall be quoted in the currency <EURO> or <insert local currency>.

For evaluation purposes – where quotations are given in <insert local currency>, it shall be converted into <EURO> at the rate published in <insert name of local national bank> on day of the closing date.

(Note: select one of the options– delete this note)

A.13. Validity

Tenders shall remain valid and open for acceptance for a period of <30 days> after the closing date for the submission of tenders.

Prior to the expiry of the original tender validity period, the Contracting Authority may ask tenderers in writing to extend this period. Tenderers that agree to do so will not be permitted to modify their tenders. If they refuse, their participation in the tender procedure will be terminated.

A.14. Submission of tenders and closing date

Tenders must be received at the address mentioned below by hand or mail no later than the closing date and time as specified in the time table article A.5. Any tenders received after that time will not be considered.

Tenders shall be submitted in a sealed envelope bearing the following information:

<Insert address>

Att: <insert name>

Tender receipt: <insert date and time>

Tender no.: <insert no.>

NOT TO BE OPENED BEFORE THE tender opening session on <insert date and time>

All tenders must be submitted in one original, marked “original”, and <insert no> copies signed in the same way as the original and marked “copy”

No tender may be changed or withdrawn after the deadline has passed.

A.15. Tender opening & evaluation

a) Tenderers are invited to attend the tender opening. Tenderers are requested to advise the contact person, at least one day in advance of the tender opening if they will attend.

b) Tender opening will take place at the below address at the time and date specified in article A.5.

<Insert address and contact person>

Tenderer’s representatives who are present shall sign a register indicating their attendance.

c) At the tender opening, only the tenderers’ names, the total amount of the tenders and any discount offered will be read aloud and recorded.

d) Prior to the detailed evaluation of the tenders, the evaluation committee, (established by the Contracting Authority for the purposes of this tender procedure), shall ascertain whether the tenders meet the eligibility requirements, have been properly signed, are substantially responsive to the tender documents, have any material errors in computation, and are otherwise generally in order.

e) If a tender is not substantially responsive i.e. it contains material deviations from or reservations to the terms, conditions and specifications in the tender dossier, it shall not be considered further.

f) After analysing the substantially responsive tenders, the evaluation committee will examine the technical admissibility of each tender, classifying it as technically compliant or non-compliant.

Deviations from the specifications may be considered if deemed to be in the best interest of the Contracting Authority.

g) Tenders determined to be substantially responsive and technically compliant will be checked by the evaluation committee for any arithmetic errors. Where there is a discrepancy between the amounts in the figures and words, the amount in words will govern. Where there are discrepancies between the unit price and the line item total, derived from multiplying the unit rate by the quantity, the unit rate as quoted will govern. If a tenderer refuses to accept the correction, the tender will be rejected.

A.16. Award of Contract

The Contracting Authority will award the contract to the tenderer whose tender has been determined to be substantially responsive to the tender dossier and technically compliant, and who has offered the highest value for money, provided further that the tenderer has demonstrated the capability and resources to carry out the contract effectively.

A.17. Signature of Contract

a) Prior to the expiration of the period of the tender validity, the Contracting Authority will inform the successful tenderer in writing that its tender has been accepted and inform the non-successful tenderers in writing about the result of the evaluation process.

b) The Contracting Authority reserves the right to adjust the quantities within a range of +/- 25% to remain within the available funds.

c) Within <7> days of receipt of the contract already signed by the Contracting Authority, the successful tenderer must sign and date the contract and return it, with the performance guarantee, to the Contracting Authority. On signing the contract, (and subject to the provision of a valid performance guarantee), the successful tenderer will become the Contractor and the contract will enter into force.

d) If the successful tenderer fails to sign and return the contract and (the performance guarantee) within <7> days after receipt of the contract signed by the Contracting Authority, the Contracting Authority may consider the acceptance of the tender to be cancelled without prejudice to the Contracting Authority's (right to seize the tender guarantee) claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the Contracting Authority.

A.18. Performance guarantee

Within <7> days of receipt of the contract from the Contracting Authority, the successful tenderer shall, together with the return of the countersigned contract, furnish a performance guarantee in accordance with Article 9 of the Draft Contract.

(Note: delete this article if not required – remember also to delete the template in the annex – if required, then remember to adjust the no. of days to the specific country/situation.)

A.19. Cancellation for convenience

The Contracting Authority may for its own convenience and without charge or liability cancel the tender process at any stage.


B. Draft Contract

(NOTE: include in this document any derogation to the General Terms and Conditions for Supply Contracts – Annex 9 to ICCO Procurement Manual – required for the specific tender)

CONTRACT TITLE: <insert title>

Tender no.: <insert tender no.>

<insert name and address>

("The Contracting Authority"),

on the one part,

and

<insert name and address of supplier>

(“the Contractor”)

on the other part,

have agreed as follows:

Special Conditions

Article 1 Scope of supplies (and related services)

The subject of the contract are the following supplies (delivery), (installation), (commissioning), (training), (after-sales service):

(note: adapt as necessary)

Item/LotDescriptionQuantity

Manuals

The Contractor shall provide with the supplies a maintenance manual, instruction manual in <insert required language> language, in <insert no. of copies required> copies.

(Note: delete this article if not required)

Spare parts

<Specify the requirements with reference to the suppliers’ tender>

The supplies which form the subject of the contract/lot(s) no. <….> must be accompanied by the spare parts described by the Contractor in its tender. The Contractor certifies the availability of such spare parts for a period of minimum <5> years from the date of delivery.

(Note: delete or adapt this article, as necessary)

Installation & commissioning

<Specify the requirements and place of the installation and commissioning with reference to the supplier’s tender>

(Note: delete this article if not required)

Training

<Specify the requirements and place of the training with reference to the suppliers tender>

(Note: delete this article if not required)

Article 2 Delivery (& pre-shipment Inspection)

The supplies shall be delivered to <insert incoterm and place/country of delivery>.

The place of acceptance of the supplies shall be at the delivery place.

All supplies shall be delivered latest by <insert date> to <insert incoterm and place/country of delivery>.

The (installation/commissioning/ training) shall commence on <…> and be completed by <…>.

(Note: specify any testing and verifications, and practical arrangements, if required. Delete this line if the service is not required)

Pre-shipment inspection

<Specify if the supplies will be subject to a pre-shipment inspection by SGS or other inspection agency – and if the container will be sealed by the inspection company>

Article 3 Origin

The supplies must originate in <insert donor requirements>. A Certificate of Origin for the supplies must be provided by the Contractor.

(Note: delete if no requirements)

Article 4 Shipping & packing requirements

Partial shipment

Partial shipment is not allowed. (Note: amend this clause if you require partial delivery)

Packing

The supplies shall be contained or packed in a manner adequate to protect the supplies while in transit to the consignee. The Contractor shall be responsible for any damage or loss which has resulted from faulty or inadequate packing.

(Note: insert any specific requirements to the packing, if any)

Extra freight costs to final destination due to excess weight/volume compared to the weight/volume stated in the Tender Submission Form shall be borne by the Contractor.

Marking

Each box/case/crate/carton/colli shall be marked in weatherproof material, as follows:

Consignee:

<Insert name and address of consignee>

Contract no:

<Insert contract no>

Each box/case/crate/carton/colli shall be marked with consecutive numbers i.e. box no 1 of x, 2 of x, 3 of x……

Endorsement of shipping documents

<insert if required or not>

Shipping documents:

The following documents shall be enclosed with the shipment:

<specify which documents are required: packing list, Invoice, Certificate of Origin, AWB/ BL etc. and specify the no. of copies and originals required for each document – to adjusted if local supplier or overseas shipment>

Mailing of shipping documents

The following documents shall be sent immediately when available by express courier to <insert address>, attention <contact person>:

· <specify which documents are to be sent: packing list, Invoice, Certificate of Origin, AWB/ BL etc. and specify the no. of copies and originals required for each document – to be adjusted if local supplier or overseas shipment>

Important notice

48 hours prior to dispatch the Contractor shall forward by fax to <Contracting Authority> fax no. <insert fax no.> a copy of the AWB[4] or B/L[5], and ETA final destination. Any delay in mailing documents may cause customs clearance delays resulting in demurrage and storage charges. The Contracting Authority reserves the right to debit these charges to the Contractor's account. (Note: adjust this clause in accordance with your needs – delete this note)

Article 5 Insurance

It is the responsibility of the Contractor to issue a transport insurance covering transport to point of delivery <insert – depending on Incoterm>.

Article 6 Price

The amount of this contract is fixed at <insert currency and price> and is not subject to revision. It shall be the sole remuneration owed by the Contracting Authority to the Contractor under the contract.

Article 7 Payments

Payments shall be made in <state currency>, to the following account:

(Note. the below options and documents shall be adjusted to fit the specific tender/product – advance payments should only be considered against an advance payment guarantee)

Option 1:

100% Payment will be made by the Contracting Authority within 30 days after dispatch of supplies and upon receipt of the following documents:

a) Invoice (one original + two copies).

b) Packing list (one original + two copies).

c) Air Way bill in (one original and 3 copies) or Bill of Lading in (three originals

and 3 copies)

d) Manufacturers’ Warranty Certificate (one original)

e) Pre-shipment inspection Certificate (one original) (if required)

f) Certificate of Origin (one original) (if required)

Or

Option 2:

The payments shall be made as follows:

a) 40% of the contract price is payable within <30 days> after signing the contract, and after receipt of the Contractors Invoice, (the performance guarantee and) a pre-financing guarantee for the full amount of the advance payment. This pre-financing guarantee must remain valid until it is released 45 days at the latest after delivery to final site and completion of any related services

b) 60% of the contract price, as payment of the balance outstanding, shall be payable within 30 days after right and true delivery to final site and completion of any related services and after receipt of the following documents:

a) Invoice (one original + two copies).

b) Packing list (one original + two copies).

c) Air Way bill in (one original and 3 copies) or Bill of Lading (three originals

and three copies)

d) Manufacturers’ Warranty Certificate (one original)

e) Pre-shipment inspection Certificate (one original)

(Note. The above documents a) – e) shall be adjusted to the specific tender/product requirements)

Article 8 Order of precedence of contract documents

The contract is made up of the following documents, in order of precedence:

1. this Supply Contract

2. Technical Data provided by the Contractor including clarifications before the deadline for submission of tenders, and

3. the Contractors technical offer, including clarification from the Contractor provided during the evaluation

4. Tender Submission

5. the General Terms & Conditions for Supply Contracts – Annex 9 to ICCO Procurement manual

6. (if required, Form of Performance Guarantee and pre-financing guarantee)

The various documents making up the contract shall be deemed to be mutually explanatory; in case of ambiguity or divergence, they should be read in the order in which they appear above.

Article 9 (Performance guarantee) (note. if required –otherwise, delete article and Annex with performance guarantee)

9.1 The Contractor shall, together with the return of the countersigned contract, furnish the Contracting Authority with a guarantee for the full and proper execution of the contract. The entry into force of the contract shall be subject to the provision of the Performance Guarantee by the Contractor.

The amount of the guarantee shall be of 10% of the total contract amount, i.e. of <insert figure> and shall be denominated in the currency in which the contract is payable, i.e. <insert currency>.

9.2 The performance guarantee shall be held against payment to the Contracting Authority for any loss resulting from the Contractor's failure to perform his contractual obligations fully and properly.

9.3 The performance guarantee shall be issued in the form of a first demand guarantee, by an internationally recognized bank or other financial institution, and shall be in accordance with the text in Annex 4. The performance guarantee may also be issued in the form of a banker’s draft, a certified cheque, a bond provided by an insurance company or an irrevocable letter of credit, as long as it creates under the applicable law the same irrevocable, at-first-demand obligations for the guarantor as expressed in the wording of Annex 4.

9.4 The Contracting Authority shall demand payment from the guarantee of all sums for which the guarantor is liable under the guarantee due to the Contractor's default under the contract, in accordance with the terms of the guarantee and up to the value thereof. The guarantor shall, without delay, pay those sums upon demand from the Contracting Authority and may not raise any objection for any reason whatsoever. Before making any claim under the performance guarantee, the Contracting Authority shall notify the Contractor stating the nature of the default in respect of which the claim is to be made.

9.5 The guarantee shall continue to remain valid until the contract has been fully and properly performed including the warranty period.

The contract Authority shall, upon request, return the performance guarantee to the Contractor after expire of the warranty period specified in article 4 of the General Terms and Conditions for Supply Contracts.

Article 10 Entry into force / Duration

The contract shall enter into force and effect after signature by both parties of this Supply Contract and on the date on which the Contractor provides to the Contracting Authority the Performance Guarantee according to article 9 above.

(Note: delete option is if a performance guarantee is not required)

The Contract shall remain into force and effect until the end of the liability period as defined in the General Terms and Conditions for Supply Contracts.

Article 11 Law and Disputes

(Note: for a high value and/or complex contract, consider including an arbitration clause.)

Done in English in two originals, one original being for the Contracting Authority and one original being for the Contractor.

For the ContractorFor the Contracting Authority
Name: Name:


Title:


Title:



Signature:



Signature:




Date:




Date:

5


[1] Free Carrier – Incoterms 2000

[2] Cost, Insurance and Freight – Incoterms 2000

[3] Value added tax

[4] Air Way Bill (Air freight)

[5] Bill of Lading (Sea freight)