Letter of Invitation to Tender

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1 Letter of Invitation to Tender Tender ref.: SUD/KRT/05/14/14000/14001 Khartoum, Dear Sir/Madam, SUBJECT: INVITATION TO TENDER FOR NFIs 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: 1. Introduction. 2. Instructions to Tenderers. 3. Concern s Purchasing Terms and Conditions. 4. Programme Participant Protection Policy (See annex 1). 5. Tenderers Declaration. 6. Tenderer s Relevant Experience form. (see annex2) We look forward to receiving your tender on or before 09/06/2014 at the address specified in section 2.2, submission of the tender dossier. Your tender bid must include the following documentation so please use the list below as a Checklist before submitting your tender to Concern. 1. Details NFIs offered &Technical Specification if any. 2. Financial Offer 3. Completed Signed Tenderers Declaration 4. Company Certificate of Registration 5. Completed Tenderers Relevant Experience Form Offers must be submitted in sealed envelopes, marked not to be opened before 09/06/ :30 pm and should bear the tender reference specified above on the outside of the envelope for identification purposes. Company names should not appear on the outside of the envelope. Yours sincerely, Ayman Mahjoub Salih Concern Worldwide Republic of Sudan 3 P a g e

2 SUPPLY OF NFIs FOR CONCERN WORLDWIDE EMERGENCY PROGRAM TENDER REFERENCE: SUD/KRT/05/14/14000/ P a g e

3 TENDER DOSSIER TABLE OF CONTENTS 1. Introduction 2. Instructions to Tenderers 2.1 NFIs specification & requirement 2.2 Submission of tenders 2.3 Contents of tenders 2.4 Price (ex works, transport and insurance) 2.5 Currency 2.6 Packing 2.7 Marking 2.8 Delivery 2.9 Tender guarantee 2.10 Liquidated damages for delay 2.11 Receipt of orders 2.12 Tender notification 2.13 Payment terms and procedures 2.14 Opening of tenders 2.15 References 2.16 Law applicable 2.17 Arbitration and agreement termination 2.18 Clarification or additional information required 3. Concern s Purchasing Terms and Conditions 4. Concern Programme Participant Protection Policy 5. Tenderers Declaration 5 P a g e

4 1. Introduction For reasons of efficiency and value for money, Concern is inviting tenders for supply of its current NFIs requirements. Tenderers who are unsuccessful in relation to this invitation to tender (Ref: SUD/KRT/05/14/14000/14001) are not in any way excluded from competing for supply of any further requests for supply that may arise later in the year. 2. Instructions to Tenderers 2.1 NFIs Specification & Requirements The total requirements of this tender process for supplies of NFIs, and tenderers are invited to bid accordingly. If discounts are offered, the discount conditions should be clearly stated in the tender submission. Concern Worldwide reserves the right to postpone or cancel the tender at any stage of the tender process. Equally, Concern Worldwide reserves the right to postpone or cancel proportions of any individual offer at any stage. Any cancellation or postponements will be communicated in writing to all Companies involved in the tender process. Best price should be offered on tender submissions as no negotiation on price will take place once tenders have been received. DELIVERY LOCATION: the point of delivery will be CIF Khartoum international Airport (Sudan), Contract Reference: SUD/KRT/05/14/14000/14001 NFIs Specification: NFIs required with the following specification:- No. Quantity Unit Description Specification Pcs Blankets Pcs Cooking pots + Lids Pcs Cooking pots + Lids 150cm x 200cm; minimum 30% wool, weight kgs, Machine pressed in bales min 25 pcs per bale. Cooking Pot: 6 ltrs capacity, thickness 16G (1.4mm), min weight 530g, straight sided. Lid; min 21G, min weight 125g. Please see below for packing details. Cooking pot: 7.5 ltrs capacity, thickness 16G (1.4mm), min weight 620g, straight sided. Lid; min 21G; Please see below for packing details. 6 P a g e

5 Pcs Mosquito Net Impregnated Mosquito nets Insecticide Treated Nets (ITN) Long Lasting Insecticide Nets (LLIN) W48'' x L72'' x H48'' - 65% polyester, 35% Cotton, PermaNet (Vestergaard Frandsen) Or Olyset (Sumitomo Chemical) Pcs Plates Pressed stainless steel; cm diameter, weight grams Pcs Cups/ Mugs Stainless steel mug 500ml, weight 35-40g Pcs Cooking Spoon Stainless Steel, Length 33-35cm, minimum weight 70grams Pcs Kitchen knife Stainless steel, blade length 1/3 each of 6, 7 & 8 inches, wooden handle Pcs Eating Spoons Stainless steel, length approx. 7", weight g Pcs Plastic Sleeping Mat Pcs Soap Pcs Polypropylene sack 90x180cms(36"x72"), 100% virgin polypropylene, double stitched with polyester/cotton webbing on both ends(36"), 72" sides single stitched, w g 120g bar,27pcs in each packet, TFM 50-62%, non-perfumed, packaged in Cartoons Capacity 100 kgs, virgin woven polypropylene, weight g, size approx. 46.5"x29.5", with rope and printed logos - 5 colors 7 P a g e

6 Pcs Jerrycan 20 ltr Rectangular 20 liters, c/w screw cap, yellow or white, LDPE Pcs Plastic Sheet Woven high-density polyethylene (HDPE) Approx. 3.6m x 5.4m, with eyelids, 240g/m², old MSF specs. 2.2 Submission of tenders Tenders and all supporting documents must be submitted in English (1 original + two copies required) this in addition to samples. The tenders are to be submitted in a sealed envelope and and keep it plain. No indication of the bidder should be included on the outer envelope or the samples. The address for delivery of sealed tenders by hand or by Concern Worldwide Sudan, Street # 37, Near Kanon Hotel, Khartoum2, Khartoum. TEL: gom.sudan@concern.net Attn: SUD/KRT/05/14/14000/14001 The closing date and time are as follows; 09/06/2014 at 4:30pm.Any tenders arriving after this time will be rejected. 2.3 Content of Tenders Tenderers are requested to specify a single price for each lot including delivery to stated destination. Furthermore the Tenders should include the following documents: 1. Technical specification for the NFIs 2. Financial offer. 3. Signed tenderers declaration 4. Copy of company certificate of registration confirming company nationality, no dues from Tax authorities. 5. Details of three organizations which may be contacted for reference purposes. 6. Items Samples to be submitted. 8 P a g e

7 Note: The tenderer shall, if requested, furnish any additional information related to his tender, which may be required for the evaluation of the tender. 2.4 Price (Ex Works, Transport, Insurance) CIF to Khartoum International Airport and Waybill should be forward to 2.5 Currency The price tendered for the supplies should be quoted in USD or EURO. 2.6 Packing The NFIs must be transported in secure way, in cartoon or package to avoid any damage. 2.7 Marking All cartons, packages shall be marked as specified in the specification list. Concern logo which will be supplied by Concern Sudan. Supplier must prepare a packing list, showing description, quantity, weight and dimension. 2.8 Delivery The Supplier shall not transport more than the contracted quantity of goods called for in the contract and Concern shall not be held responsible or liable for payment for any quantity in excess of that indicated in the contract/ purchase order. Excess shipment shall be surrendered unconditionally free and gratis by the supplier to Concern, and the supplier shall be held responsible for all consequences of said excess delivery. The supplier shall furnish Concern Sudan, through the most expedient means, advance copies of supplies documents enumerated below: a) One original and two copies of the pro forma/commercial invoices 9 P a g e

8 b) The relevant packing list; c) One full set of original insurance policy if any d) Original invoice should be VAT included if applicable. The delivery instructions may be amended, supplemented, expanded or clarified by Concern at the time of placing the order with the supplier and will be reflected in the contract/purchase Order. 2.9 Liquidated damages for delay Liquidated damages of one tenth of one percent (0.1%) of the value of the delayed goods per calendar day of delay (up to 5% of contractual price) shall be charged against the Supplier who fails to deliver within the stipulated delivery schedule agreed between the supplier and Concern at the time of placing an order Receipt of Orders The responsible authority for provisional and final acceptance is Concern. The supplier will accept that Concern has the right to nominate a survey and inspection company responsible for undertaking quality, weight and packing quality inspections of goods and issuing the relevant quality, weight and quality packaging on spot or delivery point of destination Tender Notification The successful tenderer will be notified after the tender evaluation has been carried out by an evaluation committee and after approval of the evaluation report by a commission appointed by Concern in Sudan. The award will be placed by Purchase Order by Concern Sudan. Unsuccessful tenderers will also be informed in writing Payment Terms and Procedures All payments shall be authorised and made by Concern Worldwide, Khartoum, Sudan. Payment will be effected 30 days from receipt of transporting/shipping documents and original invoice by Concern, Khartoum. Payment will be made by bank transfer/cheque to the suppliers indicated bank account Opening of Tenders 10 P a g e

9 Concern Tender evaluation Committee will open and evaluate the Tender. The contract shall be awarded to the Tenderer who presents the best price for stated specification. All offers must confirm to the administrative, technical provisions and specifications of this tender dossier. Concern reserves itself the right to reject the offers that do not respect the stipulated tender dossier details. In such cases as non receipt of a minimum number of bids, a dramatic change in specification of the material, the costs exceeding budgetary limits or the project being cancelled Reservation is made to reject any or all of the tenders References Please provide a list of three organizations to which you have supplied NFIs during the last year. Please include a contact name, telephone number and e- mail address. These organizations may be contacted to request a reference for your company Law Applicable The Sudanese Law shall govern the performance of the contracts Arbitration and Agreement Termination Where disagreement arises in the course of performance of the contract, all disputes will be settled finally in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce Clarification or Additional Information Required If any clarification or additional information is required from this tender dossier, any enquiries should take place in writing, by to Gom.sudan@concern.net Enquiries or requests for clarification should not take place by telephone. 3. Concern Worldwide Purchasing Terms and Conditions Unless the context indicates otherwise, the term Buyer refers to Concern Worldwide Sudan. The term Supplier refers to the entity named on the order and contracting with the Buyer. The term Contract can be taken to mean either (a) the purchase order or (b) the supply agreement, whichever is in place. 11 P a g e

10 GENERAL TERMS AND CONDITIONS 1) Price: The prices stated on the order shall be held firm for the period and / or quantity unless specifically stated otherwise. 2) Source of Instructions: The Supplier shall not seek nor accept instructions from any source external to Concern Worldwide in relation to the performance of the contract. 3) Assignment: The Supplier shall not assign, transfer, sublet or subcontract the contract or any part thereof without the prior written consent of the buyer. 4) Corruption: The Supplier shall not give, nor offer to give, anyone employed by the Buyer an inducement or gift that could be perceived by others to be a bribe. The Supplier agrees that a breach of this provision may lead to an immediate end to business relationships and termination of existing contracts. 5) Confidentiality : All data, including but not limited to, maps, drawings, photographs, estimates, plans, reports and budgets that has been compiled by or received by the Supplier under the contract shall be the property of Concern Worldwide and shall be treated as confidential. All such data should be delivered to the authorized officials representing the Buyer upon request. 5.2) The Supplier may not communicate at any time to any other person, government or authority external to Concern Worldwide, any information that has been compiled through association with Concern Worldwide which has not been made public except with written authorisation from the Buyer. These obligations do not lapse upon termination of the contract. 6) Use of Emblem or Name: Unless otherwise agreed in writing; the supplier shall not advertise nor make public the fact that it is supplying goods or services to the Buyer, nor shall the Supplier in any way whatsoever use the name or emblem of Concern Worldwide in connection with its business or otherwise. 7) Observance of Law: The Supplier shall comply with all laws, ordinances, rules and regulations bearing upon the performance of its obligations under the terms of the contract. 8) Force Majeure: The meaning of the term can be taken to mean acts of God, war (declared or not), invasion, revolution, insurrection or acts similar in nature or force. 12 P a g e

11 8.2) In the event of and as soon as possible after the occurrence of any cause deemed force majeure, the supplier must inform the Buyer of the full particulars in writing. If the supplier is rendered unable either in part or in whole to perform its obligations then the Buyer shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances. 8.3) If the Supplier is permanently rendered incapable in whole or part by reason of force majeure to complete its obligations and responsibilities under the contract then the Buyer will have the right to suspend or terminate the contract on the same terms and conditions laid out in section 9, Cancellation. 9) Cancellation: The Buyer reserves the right to cancel the contract should it suspend its activities or through changes to its mandate by virtue of the Executive Council of Concern Worldwide and/or lack of funding. In such a case the Supplier shall be reimbursed by Concern Worldwide for all reasonable costs incurred by the Supplier, including all materials satisfactory delivered and conforming to specification and terms of contract, prior to receipt of the termination notice. 9.2) Should the supplier encounter solvency problems including, but not limited to, bankruptcy, liquidation, receivership and similar, the buyer reserves the right to terminate the contract immediately without prejudice to any other right or remedy it may have under the terms of these conditions. 10) Warranty: The Supplier shall provide the Buyer with all manufacturers warranties. The supplier warrants that all goods supplied in relation to the contract meets specification, is defect free and is fit for the purpose of the intended use. If, during the warranty period, the goods are found to be defective or non- conforming to specification, the Supplier shall promptly rectify the defect. If the defect is permanent then at the choice of the Buyer the Supplier will either replace the item at their cost or reimburse the Buyer. 11) Inspection and Test: The Supplier must inspect the goods prior to dispatch to ensure conformance to specification and/or any other provisions of the contract. The Buyer reserves the right to inspect the goods for compliance with specifications and provisions of the contract. If, in the Buyers opinion, the goods and/or services do not comply with the specification, the Buyer will inform the Supplier in writing. In such a case the Supplier shall take the necessary action to ensure compliance, liability 13 P a g e

12 for any additional cost incurred for rectifying compliance will rest with the Supplier. 12) Changes: The Buyer reserves the right to make reasonable changes at any time to the specification, drawings, plans, quantity, packing instructions, destination, or delivery instruction. If any such change affects the price of goods or performance of service the Supplier and Buyer may negotiate an equitable adjustment to the contract, provided that the Supplier claims for adjustments in writing to the Buyer within 30 days from being notified of any change. 13) Export License: If an export license or licenses are required for the goods, the Supplier has the responsibility to obtain that license or licenses. 14) Payment Terms: Unless otherwise agreed, payment terms will be net 30 days from receipt of a correctly prepared invoice. 15) Ethics: The Code of Conduct to which Concern expects all of its suppliers to respect is as follows; Employment is freely chosen. The rights of staff to freedom of association and to collective bargaining are respected. Working conditions are safe and hygienic. No exploitation of children is tolerated. Wages paid are adequate to cover the cost of a reasonable living. Working hours are not excessive. No discrimination is practiced. Regular employment is provided. No harsh or inhumane treatment of staff is tolerated. Local labour laws are complied with. Environmental Standards Suppliers should as a minimum, comply with all statutory and other legal requirements relating to environmental impacts of their business. Areas which should be considered are: Waste Management. Packaging and Paper Conservation Energy Use Sustainability 16) Rights of Concern Worldwide: Should the supplier fail to perform under the terms and conditions of the contract, including but not limited to 14 P a g e

13 failing to obtain export licenses or to make delivery of all or part of the goods by the agreed delivery date(s), the buyer may, after giving reasonable notice to the Supplier, exercise one or more of the following rights: Procure all or part of the goods from an alternate source, in which event the Buyer may hold the Supplier liable for additional costs incurred. Refuse to accept all or part of the goods. Terminate the contract. 17) Rights of access for audit purposes: Concern Worldwide is contractually obliged to facilitate certain donor s direct access to suppliers for audit purposes. This obligation is extended to all Concern suppliers. 18) No Agency: This order does not create a partnership between the Buyer and Supplier or make one party the agent for the other for any purpose. 4. Concern Programme Participant Protection Policy The Tenders should read and understand, agree to adhere to The program participant protection policy and code of conduct, abide by the terms of this policy at all times in all of their activities under this Tender. The Tenders shall commit to upholding the standards of conduct required to support Concern s core values and mission and by sign to it shall ensure fulfill its requirements and that its employees, officers, sub-contractors and agents shall abide by the terms of this policy. (Annex1). 5. Tenderers Declaration As part of their tender, each tenderer must submit a signed declaration using the following format as a guide: In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1. We have examined and accept in full the content of the dossier for invitation to tender (Including Concern s Programme Participant Protection Policy) No. SUD/KRT/05/14/14000/14001 of 09/06/2014. We hereby accept its provisions in their entirety, without reservation or restriction. 2. We offer to deliver, in accordance with the terms of the tender dossier and the conditions and time limits lay down, without reserve or restriction: [Description of supplies with indication of quantities, specifications and origin] 15 P a g e

14 3. The price of our tender excluding customs duty/vat, if applicable is: [..] 4. We will grant a discount of [%], or [..] [In the event of our being awarded ]. 5. This tender is valid for a period of 30 days from the final date for submission of tenders. 6. If our tender is accepted, we undertake to provide a performance guarantee as required by the instructions to tenderers. (If required) 8. We will inform Concern immediately if there is any change in the above Circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts of the contracting authority. 9. We note that Concern is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract. 10. We agree to adhere to all of the terms and conditions of the contracting authority as provided in the tender dossier. 11. We confirm that we are not engaged in any corrupt, fraudulent, collusive or coercive practices and acknowledge that if evidence contrary to this exists, Concern reserves the right to terminate the contract with immediate effect. 12. The Code of Conduct to which Concern expects all of its suppliers to respect is as per the points listed below and we confirm that we adhere to this code. Employment is freely chosen. The rights of staff to freedom of association and to collective bargaining are respected. Working conditions are safe and hygienic. No exploitation of children is tolerated. Wages paid are adequate to cover the cost of a reasonable living. Working hours are not excessive. No discrimination is practiced. Regular employment is provided. 16 P a g e

15 No harsh or inhumane treatment of staff is tolerated. Environmental Standards Suppliers should as a minimum, comply with all statutory and other legal requirements relating to environmental impacts of their business. Areas which should be considered are: Waste Management. Packaging and Paper Conservation Energy Use Sustainability Program participant protection policy and code of conduct The supplier of service should read and understand, agree to adhere to The Contracting Authority program participant protection policy and code of conduct, abide by the terms of this policy at all times in all of their activities under this agreement. The Contractor shall commit to upholding the standards of conduct required to support Concern s core values and mission and by sign to it shall ensure fulfill its requirements and that its employees, officers, sub-contractors and agents shall abide by the terms of this policy at all times. Yours faithfully Ayman Mahjoub Salih Title: General Operations Manager Duly authorised to sign this tender on behalf of: Concern Worldwide Place and date: 17 P a g e

16 Annex 02: Tenderer s Relevant Experience Tender reference: SUD/KRT/05/14/14000/14001 Please complete the table below using the format to summarise the major relevant supplies/services carried out in the course of the past 3 years by the tenderer. The number of references to be provided must not exceed 15 for the entire tender. NGO/Company Name Contact Details in NGO/Co. Country Total contract value Dates Description of Contract Related Services Provided 18 P a g e

17 Annex-3 The NFIs must be transported in secure way, in cartoon or package to avoid any damage (referee article 2.6 Packing). Following is the preferred packing specification to reduce the volume of supply: a) Description Kits Quantity Blankets Mosquito Net Plastic Sleeping Mats Soap 10 3,000 Polypropylene sack Cooking pots + Lids (6 Liter) Cooking pots + Lids (7.5 Liter) Plates Cups/ Mugs Cooking Spoon Kitchen knife Eating Spoons Jerry can 20 liter Plastic Sheet P a g e

18 To be stacked in cylindrical bundles, bound by polypropylene/ other suitable packing material with Irish Aid & Concern Worldwide logo print on it. b) Description Kits Quantity Blankets Mosquito Net Plastic Sleeping Mats Soap Polypropylene sack Cooking pots + Lids (6 Liter) Cooking pots + Lids (7.5 Liter) Plates Cups/ Mugs Cooking Spoon Kitchen knife Eating Spoons Jerry can 20 liter Plastic Sheet To be stacked in cylindrical bundles, bound by polypropylene/ other suitable packing material with USAID & Concern Worldwide logo print on it. 20 P a g e

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