BANK OF UGANDA REQUEST FOR PROPOSALS FOR PROVISION OF CLEARING & FORWARDING SERVICES ISSUED BY:

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1 BANK OF UGANDA REQUEST FOR PROPOSALS FOR PROVISION OF CLEARING & FORWARDING SERVICES ISSUED BY: Director Administrative Services/ Secretary Procurement & Disposal Committee Bank of Uganda P.O. Box 7120, Kampala Tel No.: Fax No.:

2 Table of Contents PART ONE: BIDDING PROCEDURES... 4 Section 1.Instructions to Bidders... 4 A. General Scope of Bid Eligible Bidders Corrupt Practices Conflict of Interest Communication... 7 B. Bid Document Contents of Bid Document Clarification of Bid Document Amendment of Bid Document... 8 C. Preparation of Bids Cost of Bidding Language of Bid Preparation of Bids Documents Comprising the Bid Bid Prices and Discounts Currencies of Bid Documents Establishing the Eligibility of the Bidder Documents Establishing the Qualifications of the Bidder Period of Validity of Bids Bid Security Format and Signing of Bid D Submission and Opening of Bids Sealing and Marking of Bids Deadline for Submission of Bids Late Bids Withdrawal and Replacement of Bids Bid Opening E. Evaluation of Bids Confidentiality Clarification of Bids Compliance and Responsiveness of Bids Non-conformities, Errors, and Omissions Preliminary Examination of Bids Eligibility and Administrative Compliance Detailed Commercial and Technical Evaluation Financial Comparison of Bids Determination of Best Evaluated Bid Post-qualification of the Bidder Negotiations F. Award of Contract Award Procedure Signing of Contract Performance Security Section 2 Bid Data Sheet (BDS) A. General B. Bid Document Page 2 of 31

3 C. Preparation of Bids Section 3 Bidding Forms Bid Submission Sheet Vendor Information/Selection Form Price and Specifications Schedule...27 Section 4 Schedule of Events PART TWO: Statement of Requirements Page 3 of 31

4 PART ONE: BIDDING PROCEDURES Section 1. Instructions to Bidders A. General 1. Scope of Bid 1.1 Bank of Uganda (hereinafter referred to as BOU) is soliciting for Proposals for the Provision of Clearing and Forwarding Services for a period of one year, renewable up to 3 years upon satisfactory performance. The nature of BOU business, calls for a timely response from interested bidders and timely provision of the Clearing and Forwarding Services when required. The objective of this RFP is to invite responses in accordance with the conditions and procedures laid down in this document. BOU will select two (2) eligible, competent and experienced companies to provide the Clearing and Forwarding Services on the basis of the information provided in this RFP. Bidders are required to provide all information required in this RFP. 1.2 The Instructions to Bidders (ITB) should be read in tandem with the BDS. 1.3 Throughout this Bid Document: (a) the term BOU or the Bank refers to Bank of Uganda (b) the term RFP will have the same meaning as Request for Proposal (c) the term bid will have the same meaning as proposal (d) the term bid document will have the same meaning as RFP (e) the term in writing means communicated in written form with proof of receipt (f) if the context so requires, singular means plural and vice versa (g) the term ITB refers to Instruction to Bidders (h) the term BDS refers to Bid Data Sheet (i) the term SOE means Schedule of Events (j) the term SOR means Statement of Requirements 2. Eligible Bidders 2.1 A Bidder, and all parties constituting the Bidder, shall meet the following criteria to be eligible to participate in this procurement: (a) the bidder has the legal capacity to enter into a contract; (b) the bidder is not: (i) insolvent; (ii) in receivership; (iii) bankrupt; or Page 4 of 31

5 (c) (d) (e) (iv) being wound up the bidder s business activities have not been suspended; the bidder is not the subject of legal proceedings for any of the circumstances in (b); and the bidder has fulfilled his or her obligations to pay taxes. 2.2 They are properly registered as a company in Uganda. The evidence shall be a Certificate of Incorporation/Registration. 2.3 The company has Audited Books of Accounts for the last one financial year Such evidence shall be a copy of Certified Audited Books of Accounts for the company s latest financial year. 2.4 Bidders shall provide relevant evidence to prove that they have been legally, actively and continuously engaged in business for twelve months prior to the date of response to this RFP. Such evidence shall be a copy of the Trading Licences for the years 2011 and A Bidder shall be the single point of contact of the activities that are involved in the execution of the work summarized in the SOR part of this RFP. 2.6 A Bidder shall not have a conflict of interest, as defined in ITB 4. All Bidders found to be in conflict of interest shall be disqualified. 2.7 Government-owned enterprises shall be eligible only if they can establish that they are legally and financially autonomous and operate under commercial law. 2.8 Bidders shall provide evidence of having fulfilled their obligation to pay taxes. Such evidence shall be a copy of latest Income Tax Clearance Certificate. 2.9 Bidders shall submit evidence to prove that they are authorised to provide Clearing and Forwarding Services. Such documents shall be a copy of a valid operating license to conduct business related to Clearing and Forwarding Services issued by the Uganda Revenue Authority Bidders shall submit evidence to prove that they are members of The Uganda Freight Forwarders Association or Uganda Clearing and Forwarding Agents Association Bidders shall submit evidence to prove that they are fully accredited members of International Association of Freight Forwarders (FIATA). The evidence shall be a Certificate of Registration with FIATA They have done similar work for at least three (3) organisations in the last three years including the levels of customer satisfaction documentation (reference letters) at the various sites, name and telephone number of a contact person in each of the organisations and contract duration They shall provide proof of qualified and experienced staff in the management and execution of the contract by filling the Qualification Forms provided in Section 3, Page 5 of 31

6 Bidding Forms Bidders shall attach the original receipt issued by BOU to prove that they purchased the tender document from the Bank. 3. Corrupt Practices It is the Bank s policy to require that Bidders observe the highest standards of ethics during procurement and the execution of contracts. Bidders and Providers shall not be involved in the following: (a) corrupt practice including the offering, giving, receiving, or soliciting of anything of value to influence the action of a Bank official in the procurement process or in contract execution; and (b) fraudulent practice includes a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Bank, and includes collusive practices among Bidders prior to or after bid submission designed to establish bid prices at artificial, non competitive levels and to deprive the Bank of the benefits of free and open competition. The Bank shall reject a recommendation for award if it establishes that the Bidder recommended for award has ever engaged in corrupt or fraudulent practices in competing for the Contract. The Bank may terminate a contract for Clearing and Forwarding Services if it at any time determines that representatives of the Bank or of a Bidder engaged in corrupt or fraudulent practices during the procurement or the execution of that contract. 4. Conflict of Interest 4.1 The Bank requires professional, objective, and impartial service and at all times hold the Bank s interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. Providers shall not be hired for any assignment that would be in conflict with their prior or current obligations to other institutions, or that may place them in a position of not being able to carry out the assignment in the best interest of the Bank. 4.2 A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if they: (a) have controlling shareholders in common; or (b) receive or have received any direct or indirect subsidy from any of them; or (c) have the same legal representative for purposes of this bid; or (d) have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder, or influence the decisions of the Bank regarding Page 6 of 31

7 (e) (f) RFP for Provision of Clearing and Forwarding Services this bidding process; or submit more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid, or as Bidders and subcontractors simultaneously. may be in conflict with another of their, or their affiliates assignments by performing this assignment. 4.3 Any previous or ongoing participation in relation to the assignment by the Bidder, its staff, or its affiliates or associates under a contract with the Bank or the Bank may result in rejection of the bid. Bidders should clarify their situation in that respect with the Bank before preparing the bid. 5. Communication 5.1 Communication by Prospective Bidders to BOU shall be addressed to the authorized representation identified on the cover page of this document. Such communication shall be in writing, on official letterhead of the Prospective Bidders signed by the company representative identified in the Vendor Information Form. Submission of correspondences shall be either delivered to BOU headquarters Plot 37/45 Kampala Road, Kampala or by courier or registered mail. Correspondences by fax and shall be regarded as advance information only, which should be immediately followed by the original copy submitted by courier or registered mail Communication by BOU to Prospective Bidders shall be either through the press or in writing on official letterhead of BOU signed by the BOU representative identified on the cover page of this document. Such communication shall be either delivered at the bidder s premises or sent by fax using the number/address stated in Section 3.2 Vendor Information Form/Selection Form or sent to bidder s address stated in Section 3.2 Vendor Information Form/Selection Form or posted to bidder s address stated in Section 3.2 Vendor Information Form/Selection Form or be put on the website ITB Clause 7. B. Bid Document 6. Contents of Bid Document 6.1 The Bid Document consists of Parts 1, and 2, which include all the Sections indicated below, and should be read in tandem with any addenda issued in accordance with ITB Clause 8. PART 1 Bidding Procedures Section 1. Instructions to Bidders (ITB) Section 2. Bid Data Sheet (BDS) Section 3. Bidding Forms Section 4. Schedule of Events PART 2 Statement of Requirements (SOR) Page 7 of 31

8 6.2 The Bid Notice or advert is not part of the Bid Document. 6.3 The Bidder is expected to examine all instructions, forms, terms, and requirements in the Bid Document. Failure to furnish all information or documentation required by the Bid Document may result in the rejection of the bid. 7. Clarification of Bid Document A prospective Bidder requiring any clarification of the Bid Document shall contact the Bank in writing at the Bank s address indicated in the BDS before the closing date for written inquiries indicated in the SOE. The Bank will respond to any request for clarification and shall put a copy of its response on the BOU website including a description of the inquiry but without identifying its source. Should the Bank deem it necessary to amend the Bid Document as a result of a clarification, it shall do so following the procedure under ITB Clause Amendment of Bid Document 8.1 At any time prior to the deadline for submission of bids, the Bank may amend the Bid Document by issuing addenda. 8.2 Any addendum issued shall be part of the Bid Document and shall be communicated through the press. 8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Bank may, at its discretion, extend the deadline for the submission of bids, pursuant to ITB clause 8 C. Preparation of Bids 9. Cost of Bidding 9.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, including any negotiations with or visits to the Bank, and the Bank shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 9.2 The Bank is under no obligation to return any of the bid documents to bidders, regardless of the outcome of the bidding process. 10. Language of Bid 10.1 The bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Bank, shall be written in English language. The medium of communication shall be through the press and in writing 10.2 Supporting documents and printed literature that are part of the bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in the English language. 11. Preparation of Bids 11.1 Bidders are required to prepare and submit a single bid containing both technical Page 8 of 31

9 and financial information (one stage one envelope) A pre bid meeting will be held where indicated in the BDS. Attendance at the pre-bid meeting is optional. 12. Documents Comprising the Bid The bid shall comprise the following: a) the bid Submission Sheet b) documentary evidence establishing the bidder s eligibility to bid as detailed in ITB Clause 2 c) any other document(s) required in the BDS 13. Bid Submission Sheet The bidder shall submit the Bid Submission sheet using the form provided in Section 3, Bidding Forms. The form must be completed without any alterations to its format and no substitutes shall be accepted. All blank spaces shall be filled with information requested The bidder shall submit the Price Schedule for Services, using the format provided in Section 3, Bidding Forms. The Price Schedule shall include, as appropriate: a) a brief description of the services to be performed b) the unit price where applicable c) applicable local taxes d) the total price per line item e) sub totals and totals per Price Schedule; and an authorised signature 14. Bid Prices and Discounts 14.1 The price to be quoted in the Bid Submission Sheet shall be the total price of the bid, excluding any discounts offered The bidder shall quote any unconditional and conditional discounts and the methodology for their application in the Bid Summary Sheet Prices quoted by the Bidder shall be fixed during the Bidder s performance of the Contract and not subject to variation on any account, unless otherwise specified in the BDS. A bid submitted with an adjustable price quotation shall be treated as non responsive and shall be rejected in accordance with ITB clause 30. However, if in accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment during the performance of the Contract, a bid submitted with a fixed price quotation shall not be rejected, but the price adjustment shall be treated as zero. 15. Currencies of Bid The prices shall be quoted in the Uganda Shillings (UGX). Page 9 of 31

10 16. Documents Establishing the Eligibility of the Bidder To establish the eligibility of Bidders, they shall, if stated in the BDS complete the eligibility declarations in the Bid Submission Sheet, included in Section 3, Bidding Forms. 17. Documents Establishing the Qualifications of the Bidder To establish its qualifications to perform the Contract, the Bidder shall submit any evidence specified in Clause Period of Validity of Bids 18.1 Bids shall remain valid for the period specified in the BDS after the date of the bid submission deadline prescribed by the Bank. A bid valid for a shorter period shall be rejected by the Bank as non-compliant In exceptional circumstances, prior to the expiration of the bid validity period, the Bank may request Bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB Clause 21, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security. A Bidder granting the request shall not be required or permitted to modify its bid. 19. Bid Security 19.1 If so stated in the BDS all bidders shall, at no cost to Bank of Uganda furnish a Bid Bond in the amount of 5% of the total contract value. Such Bond shall be in the form of Appendix B and shall be issued by a Bank licensed to conduct business in Uganda or an international bank rated A1 (or equivalent) by Moody s or standard and Poor s rating agencies The Bid Bond will be returned to unsuccessful bidders within fifteen (15) working days of announcing the Winner and the Alternate If so stated in the BDS, the Winner shall provide a Performance Bond from a Bank licensed to conduct business in Uganda or a bank rated A1 (or equivalent) by Moody s or standard and Poor s rating agencies in the amount of 10% of the total contract value and shall be submitted by the Winner before execution of the Contract The Bid Bond of the alternate shall be returned as promptly as possible once the successful Bidder has signed the Contract The Bid Bond of the Winner shall be returned to the bidder when they provide the Bank with the Performance Bond on or before the date of contract signing Any bid not accompanied by a substantially responsive Bid Security, in accordance with ITB (Sect 19.1) shall be rejected by the Bank as non-compliant. Page 10 of 31

11 19.7 The Bid Security may be forfeited: (a) (b) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Sheet, except as provided in ITB Sub-Clause 18.2; or if the successful Bidder fails to: (i) sign the Contract in accordance with ITB Clause 40; (ii) furnish any Performance Security required in accordance with ITB Clause 41; or (iii) accept the correction of its bid price pursuant to ITB Sub-Clause Format and Signing of Bid 20.1 The Bidder shall prepare one original bid comprising the Technical and the Financial information as described in Clauses 11 and 12 clearly marked ORIGINAL. In addition, the Bidder shall submit a copy of the bid and clearly mark it COPY. In the event of any discrepancy between the original and the copy, the original shall prevail The original and the copy of the bid shall be typed or written in indelible ink and shall be signed by a person duly authorised to sign on behalf of the Bidder All pages of the bid, except for un amended printed literature, shall be signed or initialled by the person signing the bid Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the bid. D Submission and Opening of Bids 21. Sealing and Marking of Bids 21.1 The bidder shall enclose the original and each copy of the bid, in separate sealed envelopes, duly marking the envelopes as ORIGINAL and COPY. These envelopes containing the original and copies shall then be enclosed in one single plain envelope securely sealed in such a manner that opening and resealing cannot be achieved undetected The envelopes containing the Technical and Financial information shall: (a) be addressed to the Bank in accordance with BDS and (b) bear title of this bidding process The two envelopes shall be placed in an outer envelope which shall be securely sealed in such a manner that opening and resealing cannot be achieved undetected The outer envelope shall: (a) be addressed to the Bank in accordance with BDS (b) bear the title of this bidding process; and Page 11 of 31

12 (c) RFP for Provision of Clearing and Forwarding Services bear a warning not to open before the time and date for bid opening, in accordance with ITB Clause If all envelopes are not sealed and marked as required, the Bank shall assume no responsibility for the misplacement or premature opening of the bid. 22. Deadline for Submission of Bids 22.1 Bids must be received by the Bank at the address and no later than the date and time indicated in the BDS The Bank may, at its discretion, extend the deadline for the submission of bids by amending the Bid Document in accordance with ITB Clause 8, in which case all rights and obligations of the Bank and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended. 23. Late Bids Any bid submitted to the Bank after the deadline for submission of bids shall be rejected. 24. Withdrawal and Replacement of Bids 24.1 A Bidder may withdraw or replace its bid after it has been submitted at any time before the deadline for submission of bids by sending a written notice, duly signed by an authorised representative. Any corresponding replacement of the bid must accompany the respective written notice. All notices must be: (a) submitted in accordance with ITB Clauses 22 (except that withdrawals notices do not require copies), and in addition, the respective envelopes shall be clearly marked WITHDRAWAL or REPLACEMENT ; and (b) received by the Bank prior to the deadline prescribed for submission of bids, in accordance with ITB Clause Bids requested to be withdrawn in accordance with ITB Sub-Clause 24.1 shall be returned unopened to the Bidder No bid may be withdrawn or replaced in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Submission Sheet or any extension thereof Bids may only be modified by withdrawal of the original bid and submission of a replacement bid in accordance with ITB Sub-Clause Modifications submitted in any other way shall not be taken into account in the evaluation of bids. 25. Bid Opening 25.1 The Bank shall conduct the bid opening in the presence of Bidders designated representatives who choose to attend, at the address, date and time specified in the BDS First, envelopes marked WITHDRAWAL shall be opened and read out and the envelope with the corresponding bid shall not be opened, but returned to the Bidder. No bid withdrawal shall be permitted unless the corresponding withdrawal notice Page 12 of 31

13 contains a valid authorisation to request the withdrawal and is read out at the bid opening All other outer envelopes including those marked REPLACEMENT shall be opened. Replacement bids shall be recorded as such on the record of the bid opening All bids shall be opened one at a time, reading out: the name of the Bidder; the presence of a Bid Security, if required; and any other details as the Bank may consider appropriate. No bid shall be rejected at the bid opening except for late bids, in accordance with ITB Clause Only envelopes that are opened and read out at the bid opening shall be considered for evaluation The Bank shall prepare a record of the bid opening that shall include, as a minimum: the name of the Bidder, whether there is a withdrawal and/or replacement and the presence or absence of a Bid Security, where required. The Bidders representatives who are present shall be requested to sign the book of attendance for bidders. E. Evaluation of Bids All bids shall be evaluated by an Evaluation Committee constituted by Bank of Uganda. The Evaluation Committee shall evaluate bids by applying the Evaluation Criteria, which will have been developed by the Procurement and Disposal Committee of the Bank before opening of bids. The weighing of the component of the Proposals, if applicable, shall be stated in the evaluation criteria. 26. Confidentiality 26.1 Information relating to the examination, evaluation, comparison, and postqualification of bids, and recommendation of contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information detailing the Best Evaluated Bidder is communicated to all Bidders Any effort by a Bidder to influence the Bank in the examination, evaluation, comparison, and post-qualification of the bids or contract award decisions may result in the rejection of its bid Notwithstanding ITB Clause 26.2, from the time of bid opening to the time of contract award, if any Bidder wishes to contact the Bank on any matter related to the bidding process, it should do so in writing. 27. Clarification of Bids To assist in the examination, evaluation, comparison and post-qualification of the bids, the Bank may, at its discretion, ask any Bidder for a clarification of its bid. Any clarification submitted by a Bidder that is not in response to a request by the Bank shall not be considered. The Bank s request for clarification and the response shall be in writing. No change in the price or substance of the bid shall be sought, Page 13 of 31

14 offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Bank in the evaluation of the Financial bids, in accordance with ITB Clause Compliance and Responsiveness of Bids 28.1 The Evaluation Committee shall initially examine all the bids to determine their responsiveness (i.e compliance to mandatory requirements). The Bank s determination of a bid s compliance and responsiveness shall be based on the contents of the bid itself A substantially compliant and responsive bid is one that conforms to all the terms, conditions, and requirements of the RFP without material deviation, reservation, or omission. A material deviation, reservation, or omission is one that: (a) affects in any substantial way the scope, quality, or performance of the Services specified in the RFP; or (b) (c) limits in any substantial way, inconsistent with the RFP, the Bank s rights or the Bidder s obligations under any resulting Contract; or if rectified would unfairly affect the competitive position of other Bidders presenting substantially compliant and responsive bids If a bid is not substantially compliant and responsive to the RFP, it shall be rejected by the Bank and may not subsequently be made compliant and responsive by the Bidder by correction of the material deviation, reservation, or omission The Bank however, reserves the right to waive minor deviations in bids providing such action is in the best interest of the Bank. Minor deviations are defined as those that have no diverse effect upon the Bank s interest and would not affect the amount of the bid by giving a bidder an advantage or benefit not enjoyed by other bidders. 29. Non-conformities, Errors, and Omissions 29.1 Provided that a bid is substantially compliant and responsive, the Bank may waive any non-conformity or omission in the bid that does not constitute a material deviation Provided that a bid is substantially compliant and responsive, the Bank may request that the Bidder submit the necessary information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities or omissions in the bid related to documentation requirements. Such omission shall not be related to any aspect of the price of the bid. Failure of the Bidder to comply with the request may result in the rejection of its bid Provided that a bid is substantially compliant and responsive, the Bank shall rectify nonmaterial non-conformities or omissions. To this effect, the bid Price may be adjusted, for comparison purposes only, to reflect the price of the missing or nonconforming item or component. Page 14 of 31

15 29.4 Provided that the bid is substantially compliant and responsive, the Bank shall correct arithmetic errors on the following basis: (a) if there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected, unless in the opinion of the Bank there is an obvious misplacement of the decimal point in the unit price, in which case the total price as quoted shall govern and the unit price shall be corrected; (b) (c) if there is an error in a total corresponding to the addition or subtraction of subtotals, the subtotals shall prevail and the total shall be corrected; and if there is a discrepancy between words and figures, the amount in words shall prevail, unless the amount expressed in words is related to an arithmetic error, in which case the amount in figures shall prevail subject to (a) and (b) above If the Bidder that submitted the best evaluated bid does not accept the correction of errors, its bid shall be rejected and its Bid Security may be forfeited. 30. Preliminary Examination of Bids Eligibility and Administrative Compliance 30.1 The Bank shall examine the legal documentation and other information submitted by Bidders to verify the eligibility of Bidders in accordance with ITB Clause If after the examination of eligibility, the Bank determines that the Bidder is not eligible, it shall reject the bid The Bank shall examine the bids to confirm that all documents and technical documentation requested in ITB Clause 12 have been provided, and to determine the completeness of each document submitted. 31. Detailed Commercial and Technical Evaluation 31.1 The Bank shall evaluate the bids on the basis of the Bidder s responsiveness to the terms and conditions requested for in the RFP, applying the evaluation criteria If, after the examination of the terms and conditions, the Bank determines that the bid is not substantially responsive, it shall reject the bid. 32. Conversion to Single Currency For evaluation and comparison purposes, if the currency is not stated in BDS, the Bank shall convert all bid prices expressed in amounts in various currencies into a single currency, using the selling exchange rate on the Bank of Uganda Website on the date specified in the BDS. 33. Margin of Preference Unless otherwise specified in the BDS, a margin of Preference shall not apply. 34. Financial Comparison of Bids 34.1 The Bank shall financially evaluate each bid that has been determined, up to this Page 15 of 31

16 stage of evaluation, to be substantially complaint and responsive To financially compare bids, the Bank shall (a) (b) (c) determine the bid price taking into account the costs listed. price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 29.4 apply any unconditional discounts (d ) adjustment for nonconformities and omissions in accordance with ITB Sub- Clause 29.3; (e) determine the total evaluated price for each bid. 35. Determination of Best Evaluated Bid 35.1 The Bank shall compare all substantially compliant and responsive bids to determine the Apparent Successful Bidder and Alternate. 36. Post-qualification of the Bidder 36.1 If considered desirable, the Bank shall determine to its satisfaction whether the Bidder that is selected as having submitted the best evaluated bid is qualified to perform the Contract satisfactorily The determination shall be based upon verification of the documentary evidence of the Bidder s qualifications submitted by the Bidder, pursuant to ITB Clause 17, to clarifications in accordance with ITB Clause 27 and the Evaluation criteria. Factors not included in the Evaluation Criteria shall not be used in the evaluation of the Bidder s qualifications to perform the contract An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative determination shall result in disqualification of the bid, in which event the Bank shall proceed to the alternate successful bidder to make a similar verification of that Bidder s capabilities to perform satisfactorily If pre-qualification has been conducted, no post-qualification will be conducted but pre-qualification information shall be verified. 37. Negotiations 37.1 Negotiations may be undertaken with the Apparent Successful Bidder following the evaluation of bids to finalise minor issues of the bid or the logistical arrangements for the assignment. The cost of any negotiations shall be borne by the respective parties themselves Negotiations shall not be conducted; (a) to substantially change the technical quality or details of the requirement, including the tasks or responsibilities of the Bidder; (b) to materially alter the terms and conditions of contract stated in the solicitation Page 16 of 31

17 documents; 38. Bank of Uganda Right to Accept or Reject any or all Bids The Bank reserves the right to accept or reject any bid, and to annual the bidding process and reject the bids at any time prior to contract award, without thereby incurring any liability to bidders. F. Award of Contract 39. Award Procedure 39.1 The Bank shall announce the Apparent Successful Bidders and Apparent Alternate as provided in Clause 35, consider objections from bidders if any, re-evaluate bids the bids if found necessary, and announce the Successful Bidders and Alternate Any objections from bidder(s) regarding the Evaluation Committee decision must be submitted to Bank of Uganda according to provisions of Clause 5 (Communication) of this document. BOU shall then consider the objection and respond to the objecting Bidder with copies to other bidders. The time frames for submission of, consideration of and responses to bidder objections are specified in Section 4 (Schedule of Events). Objections and arguments submitted outside this time frame shall not be considered by BOU The Bank shall then award the Contract to the Bidder whose offer has been determined to be the best evaluated bid, provided that the Bidder is determined to be qualified to perform the contract satisfactorily and subject to satisfactory negotiations. 40. Signing of Contract 40.1 Promptly after notification of contract award, the Bank shall send the successful Bidder the Agreement and special conditions of the contract, if any Within seven (7 days of receipt of the Agreement, the successful Bidder shall sign, date and return it to the Bank. 41. Performance Security 41.1 Within fourteen (14) days of the receipt of the Letter of Award of Contract from the Bank, the successful Bidder shall furnish any Performance Security if required by the Bank and stated in BDS using forms acceptable to the Bank Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall constitute sufficient grounds for the annulment of the contract award and forfeiture of any Bid Security. In that event, the Bank may award the Contract to the next best evaluated Bidder who is determined by the Bank to be qualified to perform the Contract satisfactorily. Page 17 of 31

18 Section 2 Bid Data Sheet (BDS) Instructions to Bidders Reference Data relevant to the ITB A. General ITB 1.1 Commencement: The assignment is expected to commence in October 2012 ITB 1.2 Subject: Provision of Clearing and Forwarding Services ITB 1.2 Reference: The Procurement Reference Number is: PCFS B. Bid Document ITB 7.1 C. Preparation of Bids Clarification: For clarification purposes only the Bank s address is: Bank of Uganda, Attention: Director Administrative Services Street Address: 37/45 Kampala Road Town/City: Kampala Postal Code/PO Box No: 7120 Country: Uganda Telephone: 256 (414) Facsimile number: 256 (414) procurement@bou.or.ug The Bank will respond to any request for clarification provided that such request is received no later than 31 st. ITB 10.1 ITB 10.2 ITB 11.1 ITB 11.2 ITB 12 ITB 12.1 ITB 15.1 ITB 18.1 Medium: The medium of communications shall be in writing. Language: The language for the bid is English. Submission Method: The bid submission method shall be: a one stage- one envelope submission. Pre-Bid meeting: There will not be a pre-bid meeting. Association: Short-listed Bidders Are Not permitted to associate with other short-listed Bidders: Additional Bid information: Additional information required in the bid as listed under ITB Clause 2, Eligible bidders and 12, Documents comprising the bid. Currency: Currency of the bid shall be Uganda Shillings (UGX). Validity Period: The bid validity period shall be 90 working days Page 18 of 31

19 Instructions to Bidders Reference Data relevant to the ITB ITB 19.1 ITB 19.3 ITB 20.1 Bid Security: A Bid Security is not required Performance Security: A Performance Bond is not required Number of Copies: In addition to the Original bid, the number of copies of each required is: One (1) D. Submission and Opening of Bids ITB 22.1 Bid Submission: For bid submission purposes only, the Bank s address is : Bank of Uganda, Attention: Director Administrative Services Street Address: 37/45 Kampala Road P O Box No: 7120 Kampala Country: Uganda Telephone: 256 (414) Facsimile number: 256 (414) The deadline for bid submission is: Date:02/08/2012 Time (local time): 3.00 pm ITB 25.1 Bid Opening: The bid opening shall take place at: Bank of Uganda, Plot 37/45 Kampala Road PO Box 7120, Kampala. Uganda Telephone: 256 (414) Facsimile number: 256 (414) Date:02/08/2012 Time (local time): 3.05 pm Page 19 of 31

20 Section 3 RFP for Provision of Clearing and Forwarding Services Bidding Forms [This Bid Submission Sheet should be on the letterhead of the Bidder and should be signed by a person with the proper authority to sign documents that are binding on the Bidder. It should be included by the Bidder in its bid] 3.1 Bid Submission Sheet Date: [insert date (as day, month and year) of bid submission] Procurement Reference No: [insert Procurement Reference number] To: [insert complete name of the Bank] We, the undersigned, declare that: (a) We have examined and have no reservations to the RFP, including Addenda No.: [insert the number and issuing date of each Addenda]; (b) We offer to provide the services in conformity with the RFP for the [insert a brief description of the Services]; (c) We hereby submit our bid which includes a technical bid, and a financial bid sealed in one envelope; (d) Our bid shall be valid for a period of [specify the number of calendar days] days from the date fixed for the bid submission deadline in accordance with the Bid Document, and it shall remain binding upon us and may be accepted at any time before the expiration of that period; (e) If our bid is accepted, we commit to obtain a Performance Security in accordance with the Bid Document in the amount of [insert amount and currency in words and figures of the performance security] for the due performance of the Contract [Delete if no Performance Security is required]; (f) We, including any associates, Joint Venture partners or Sub contractors for any part of the contract, have nationals from eligible countries [insert the nationality of the Bidder, including that of all parties that comprise the Bidder, if the Bidder is a Joint Venture, consortium or association, and the nationality of each subcontractor]; (g) We undertake to abide by the Code of Ethical Conduct for Bidders and Providers during the procurement process and the execution of any resulting contract; (h) We are not participating, as Bidders, in more than one bid in this bidding process; (i) We do not have any conflict of interest and have not participated in the preparation of the original project for the Bank; (j) Our Proposal is binding upon us, subject to modifications agreed during any contract negotiations, and we undertake to negotiate on the basis of the staff proposed in our Bid; (k) We understand that you are not bound to accept the lowest bid or any other bid that you may receive; (l) We are eligible to participate in public procurement in accordance with ITB Clause 4.1 Page 20 of 31

21 Name: [insert complete name of person signing the Bid] In the capacity of [insert legal capacity of person signing the bid] Signed: [signature of person whose name and capacity are shown above] Duly authorised to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on day of, [insert date of signing] Page 21 of 31

22 3.2 VENDOR INFORMATION/SELECTION FORM It is mandatory that all questions in this form are responded to & information requested for is attached. For questions not applicable to the Bidder, please fill the blank with N/A (Not Applicable) or NONE. 1. Organization Details: Organization Name: M/s: Plot No: Street: Floor/Suite: P.O. Box No: Town/City: Telephone Nos: Fax. Nos: (if any) Web Site: (if any) Tin No: VAT No: Limited Liability Company Legal Status Partnership Sole Proprietor Government Owned/Controlled Other Year of Incorporation/Registration 2. Names of Directors/Partners of the Company: Page 22 of 31

23 3. Name and relevant experience of Chief Executive Officer/Managing Director: - No. Name Qualifications Experience (where and when) Attach CVs signed by CEO/MD. Page 23 of 31

24 4. Names of other key operating staff, designations, qualifications, experience in Clearing & Forwarding industry and with the Company: No. Name Qualifications Experience (where and when) Attach CVs signed by the operating staff. 5. State the number of years the company has been providing Clearing and Forwarding Services. Page 24 of 31

25 6. Provide details of experience in providing services of a similar nature to three (3) reputable organizations. No Name of Organisations you have provided similar services Duration of Business relationship Brief description of services offered (attach copy of contract if any) Attach additional sheets if space in the table is not sufficient. 7. Details of the Company s Bankers: No. Name of Bank Branch & Address Does the Company offer credit facilities for Clearing & Forwarding Services rendered? YES/NO. If YES, number of days (days) 9. What is your bid validity period? days. Page 25 of 31

26 10. The company s contact person to deal with BOU on matters related to this RFP. a) Principal Contact: Name: Title: Signature: Tel. b) Alternative Contact: Name: Title: Signature: Tel. DECLARATION: (to be signed by the company s authorised signatory) I, on behalf of declare that the information provided in this Form is true and accurate and that if verified by BOU and any information is established to be false or inaccurate, the company accepts to be disqualified. SIGNED: DATE: SIGNATURE AND STAMP/SEAL Page 26 of 31

27 3.3 PRICE & SPECIFICATIONS SCHEDULE: AIRFREIGHT SHIPMENTS: INCOMING SHIPMENTS BY AIR No. Customs Clearance, Preparation of Documents, Agency Fee Cost in UGX. 1 Minimum Rate/Shipment 2 Normal Rate per Kg(500kg to 1,000kg Gross) 3 Normal Rate per Kg(1,000kg to 5,000kg Gross) 4 Normal Rate per Kg(over 5,000kg Gross) OUTGOING SHIPMENTS BY AIR No. Customs Clearance, Preparation of Documents, Agency Fee Cost in UGX. 1 Minimum Rate/Shipment 2 Normal Rate per Kg(500kg to 1,000kg Gross) 3 Normal Rate per Kg(1,000kg to 5,000kg Gross) 4 Normal Rate per Kg(over 5,000kg Gross) TRANSPORT & HANDLING SERVICES TRANSPORTATION: ENTEBBE KAMPALA No. Transportation of Cargo Cost in UGX. 1 Rates per trip upto 500kg Gross 2 Rates per trip (500kg to 1,000kg Gross) 3 Rates per trip (1,000kg to 5,000kg Gross) 4 Rates per trip (over 5,000kg Gross) Page 27 of 31

28 SEAFREIGHT SHIPMENTS: INCOMING SHIPMENTS BY SEA No. Customs Clearance, Preparation of Documents, Agency Fee Cost in UGX. 1 Minimum Rate/Shipment 2 Normal Rate per Kg upto 1,000kg Gross 3 Normal Rate per Kg upto 5,000kg Gross 4 Normal Rate per Kg upto 10,000kg Gross 5 Normal Rate per Kg upto 15,000kg Gross 6 Normal Rate per Kg upto 20,000kg Gross OUTGOING SHIPMENTS BY SEA No. Customs Clearance, Preparation of Documents, Agency Fee Cost in UGX. 1 Minimum Rate/Shipment 2 Normal Rate per Kg upto 1,000kg Gross 3 Normal Rate per Kg upto 5,000kg Gross 4 Normal Rate per Kg upto 10,000kg Gross 5 Normal Rate per Kg upto 15,000kg Gross 6 Normal Rate per Kg upto 20,000kg Gross Page 28 of 31

29 SECTION 4: SCHEDULE OF EVENTS Target Date Event 24/07/2012 Last Day of selling RFP documents 27/07/2012 Last Day of written inquiries from Bidders 31/07/2012 Last Day of responding to inquiries from Bidders 02/08/2012 Bid Closing 3.00pm 02/08/2012 Bid Opening pm 06/08/2012 Begin Evaluating Bidder Proposals 31/08/2012 Announce Apparent Successful Bidder and Alternate 04/09/2012 Closing Date for Objections 05/09/2012 Announce Successful Bidder and Alternate 08/09/2012 Begin contract negotiations 12/09/2012 Contract Award 01/10/2012 Implementation commences Page 29 of 31

30 PART TWO: STATEMENT OF REQUIREMENTS 1. TERMS OF REFERENCE The Contractor shall provide full clearing and forwarding services when and as requested by BOU in its capacity as an accredited clearing and forwarding company. The Contractor shall at all times follow the instructions given by the responsible BOU representatives not withstanding its obligation to advise such section on better conditions available to it, in terms of tariffs, carriers, etc. The Contractor should therefore provide services with the main objective of avoiding demurrage, and always update BOU on status of shipments under clearance. Copies of Shipments Documents should be availed to BOU without any delay for purposes of formalizing tax payments. The Contractor shall assign a sufficient number of qualified staff experienced and well versed in the entire field of logistics, inventory control, transportation and freight forwarding disciplines to work exclusively on the goods requiring services. Specific Tasks: A. Clearing: For air shipment from Entebbe Airport and Sea Shipment from Mombasa Port, the contractor shall be expected to collect approved shipping documents from BOU Headquarters at Plot 37/45 Kampala Road, Kampala, and proceed with customs clearance. Date required by BOU for Air shipment within 1-3 days and Sea Shipment within 10 days, demurrage charges because of delay in clearance shall be the responsibility of the agent. B. Forwarding The contractor will be expected to provide clear and concise costing for specific services related to forwarding by roads; depending on cargo, package or per ton per kilometer. 1. Sea shipment from Mombasa to BOU offices at Plot 37/45 Kampala Road in Kampala or Branch/Currency Centre offices in different towns of Uganda. 2. Air Shipments from Entebbe to BOU offices at Plot 37/45 Kampala Road in Kampala or Branch/Currency Centre offices in different towns of Uganda. 2. REQUIREMENTS: Sound Financial Stability. Competence of managerial and operational staff. Evidence of good performance in qualifying examinations in the Eastern Africa Customs and Freight Forwarding Practicing Certificate Course (EACFFPC) for operational staff would also be a good indicator. Membership in a national association of freight forwarders such as Uganda Freight Forwarders Associations or Uganda Clearing and Forwarding Agents Association. Page 30 of 31

31 Membership to International Association of Freight Forwarders (FIATA) would be an added advantage. At least 3 years of Operation. 2. DOCUMENTATION FOR IMPORT OF GOODS Contractor shall be required, as part of their responsibilities, to obtain all necessary documentation required for the importation of goods into Uganda, this may be subject to ongoing improvements or change by Government and / or Ministerial Authorities within the country, the contractor shall ensure that they are continually updated with the latest State import and export rules and regulations and all documentation requirements. For each consolidated consignment, this shall consist of the following documentation: Air Fright Original Airway Bill. Original Certificate of Origin (Attested by Chamber of Commerce for legalisation). Typed Original Invoice (Stamped and signed by Vendor). Packing List. Ocean Freight Original Bill of Lading. Original Certificate of Origin (Attested by Chamber of Commerce for legalisation). Typed Original Invoice (Stamped and signed by Vendor). Packing List. Inland Freight Original Consignment Note. Original Certificate of Origin (Attested by Chamber of Commerce for legalisation). Typed Original Invoice (Stamped and signed by Vendor). Packing List. All documents shall identify Bank as buyer and consignee. CUSTOM CLEARANCE AND LOCAL DELIVERY Contractor shall possess all necessary licences, personnel and equipment to provide all necessary services required in carrying out the importation of goods on behalf of Bank, custom clearance and the subsequent delivery of goods to destinations within Uganda as directed by Bank. Contractor shall provide a twenty-four (24) hour; seven (7) days per week coverage in performing all the necessary services as required by the contract. Page 31 of 31