Ref. MCAN/COM/ITQ/2A02016 Date: 17 June 2013 Dear Sir/Madam, INVITATION TO QUOTE (ITQ) SUPPLY AND DELIVERY OF BREAKDOWN RECOVERY TRAILER 1. You are invited to submit your quotation for the supply and delivery of one (1) breakdown recovery trailer and one (1) optional breakdown recovery trailer, as required by the Millennium Challenge Account Namibia (MCA-N). This ITQ constitutes only a solicitation and is NOT an order. You are requested to submit one quotation for the provision of the said trailers, as per the Technical Specifications (Annex 1) by completing all the blank spaces in the Quotation Submission Form annexed (Annex 2) to this ITQ. Following an evaluation of the received quotations, MCA-N may select one bidder for the supply of the trailer(s). 2. The Millennium Challenge Corporation (MCC) and the Government of the Republic of Namibia (GRN or Government) have signed a Compact Agreement for a USD 304.5 million grant (MCC Funding), to be implemented in 5 years. The Compact aims at reducing poverty and accelerating economic growth by improving the quality of education and training for underserved populations and to diversify Namibia s export base by capitalizing on its comparative advantages (e.g., large areas of semiarid communal land suitable for livestock, and diverse wildlife and unique landscapes ideal for ecotourism) and to increase the incomes of poor Namibians in rural areas of the country. The Government has established an Accountable Entity, Millennium Challenge Account Namibia (MCA-N), which is authorized on behalf of the Government to manage and oversee the implementation of this Compact. 3. MCA-N, on behalf of the Government, intends to apply a portion of the proceeds of MCC funding to eligible payments under this request for quotation. Payments by MCA-N will be subject, in all respects, to the terms and conditions, including restrictions on the use of MCC funding, of the Compact. No party other than the Government and MCA-N shall derive any rights from the Compact or have any claims to the proceeds of MCC funding. 4. Your quotation in the required format must be received by MCA-N before 13:00 hours (Namibian time) on 01 July 2013 at the following address: Millennium Challenge Account Namibia Attention: The Procurement Manager Atlas House, Suite 13, 3 rd floor 117 Sam Nujoma Drive Windhoek, Namibia Tel: +264 61-410 443 Fax: +264 61 410 415 Email: hshikongo@mcanamibia.org
The quotation must be delivered in a sealed envelope, marked as follows: Quote: MCA/COM/ITQ/2A02016 Attn: The Procurement Manager Millennium Challenge Account Namibia Quotations received by MCA Namibia after 13:00 hours (Namibian) on 01 July 2013, will not be accepted and will be returned unopened. Any questions concerning this ITQ should be directed to The Procurement Manager at the address indicated above. 5. Your quotation should be presented on the standard Quotation Submission Form annexed (Annex 2) to this ITQ, and must be accompanied by adequate technical documentation pertinent for the trailer quoted. 6. Please note that as per the Compact Agreement, dated 28 July 2008, between the Government of the United States of America acting through MCC and the Government of the Republic of Namibia acting through MCA-N, the MCC Funding cannot be used for payment of any taxes, duties, and levies including Value-Added Tax (VAT), Customs Duties and Excise Tax. To implement the above tax arrangement in place, there is a Tax Agreement between MCC, the Government of the Republic of Namibia represented by the Ministry of Finance, and MCA-N. The Tax Agreement provides detailed procedures and responsibilities that MCA-N and bidders/vendors will follow for supplying goods and services to MCA-N. A copy of the Tax Agreement is available at MCA-N offices. However, paragraph 7 below presents a summary of procedures and responsibilities of MCA-N and the vendor. 7. When invoicing MCA-N for goods and services subject to VAT, the vendor shall separately include the net amount of the transaction and the properly calculated VAT amount in accordance with the VAT Code. At the time of invoice payment, the vendor will receive the full payment including VAT. Subsequently, MCA-N will submit a refund claim to the Minister of Finance, no later than 10 days after the end of each calendar month to request refund of all value-added taxes paid by MCA-N during such month using Program Funding. 8. Reserved. 9. Your quotation must be submitted per the following instructions and in accordance with the Sample Purchase Order annexed (Annex 3) to this ITQ. The Purchase Order terms and conditions are not negotiable and shall be fully accepted by the Vendor: (i) (ii) PRICES: Prices shall be quoted in Namibian Dollars. The prices shall be inclusive of VAT, with the VAT stated separately as described in Paragraph 7 above. EVALUATION OF OFFERS AND AWARD OF PURCHASE ORDER: Quotations determined to be substantially responsive to the technical specifications will be evaluated by comparison of prices quoted and delivery period. MCA-N will place purchase orders with the bidder(s) whose quotation(s) has been determined to be the lowest priced and substantively responsive to this ITQ, for any one Lot or combination of Lots, provided further that the bidder is determined to be qualified to perform the contract satisfactorily. RESPONSIVENESS: A substantially responsive bid is the one that conforms to all the terms, conditions, and specifications of this document without material deviation or reservation. A material deviation or reservation is one that: Page 2
(a) affects in any substantial way the scope, quality, or performance of the Goods; or (b) limits in any substantial way, inconsistent with the this document, the MCA-N s rights or the bidder s obligations; or (c) if rectified would unfairly affect the competitive position of other bidders presenting substantially responsive bids. (iii) VALIDITY OF THE OFFER: Your quotation must be valid for a period of 60 days from the date for receipt of quotation indicated in Paragraph 4 above. (iv) (v) (vi) PAYMENTS: Payments will be effected as per the terms of the purchase order. No advance payment for goods not yet supplied or services not yet rendered will be authorized. Only one quotation for the specified trailer (per Lot) will be accepted from each bidder. Major deviations from the above will render the quotation disqualified. 10. Description of the goods offered: (i) (ii) The trailers offered must be Brand New, unused, and be supported by a minimum of 12months warranty from the date of delivery. Only quotations for the trailers conforming to the specifications in the Quotation Submission Form will be accepted. 11. Other conditions: (i) Vendors cannot request MCA-N to materially modify this ITQ, or to authorise a vendor to submit a quotation in a way that is materially different from the above requirements. Any such requests will be expressly denied. (ii) General note about non-compliance: Quotations offering conditions other than the ones detailed above will be disqualified. 12. MCA-N reserves the right to accept or reject any bid, and to annul the procurement process and reject all bids at any time prior to Contract award, without thereby incurring any liability to any bidder. Johann Botha Director: Procurement Millennium Challenge Account Namibia Page 3
TECHNICAL SPECIFICATIONS SPECIFICATIONS FOR THE SUPPLY AND DELIVERY OF BREAKDOWN RECOVERY TRAILERS TO THE MINISTRY OF ENVIRONMENT AND TOURISM, ETOSHA NATIONAL PARK, NAMIBIA A. GENERAL 1. The unit shall be suitable for service on gravel and black top roads. 2. The unit must comply with the Road Traffic Ordinance and Regulations as amended in the Republic of Namibia. 3. The equipment shall comply with the requirements of the Machinery and Occupational Safety Act as applicable in the Republic of Namibia. 4. The successful Bidder must supply a Road worthy certificate for the unit (s) on delivery. 5. The trailer must be painted Kalahari sand / beige. 6. Number plates have to be supplied and fitted by the bidder. The Ministry of Environment and Tourism will supply the appropriate numbers. 7. The MILLENNIUM CHALLENGE ACCOUNT reserves the right to inspect the bidder s premises which shall be open at all reasonable hours for inspection. 8. The successful bidder shall take full responsibility for the structural design of the unit and shall ensure that it is fully fit for its intended purpose. Bidders shall supply drawings and full specifications of the trailers. 9. The trailers are to be delivered in Etosha National Park. B. TECHNICAL SPECIFICATIONS: 5m x 2m load bed 5 Ton carrying capacity 15 Inch tyres 2 Spare wheels 5 Ton Winch with battery charged from towing vehicle Brakes Page 4
Annex 2: Quotation Submission Forms SPECIFICATIONS FOR THE SUPPLY AND DELIVERY OF BREAKDOWN RECOVERY TRAILERS QUOTATION SUBMISSION FORM TO THE MINISTRY OF ENVIRONMENT AND TOURISM, ETOSHA NATIONAL PARK, NAMIBIA Ref. MCA/COM/ITQ/2A02016 INSTRUCTIONS TO BIDDERS: Please fill in all blank spaces on this form, sign this form and initial each page of the form and attachments. By submitting a quotation to MCA-N you agree to all the conditions of this ITQ and its annexes and certify that the services you offer fulfill the minimum requirements listed below. Vendor: Date: Contact Person: Address: Tel. No.: Email address: Price of one trailer (excluding VAT): VAT: Price (including VAT): In case the bidder is awarded the purchase of two trailers, the following discount will be offered: Price of one trailer plus optional trailer (excl. VAT): Discount: Total (Excluding VAT): VAT: Price (including VAT): Guarantee: Years Delivery: (8 weeks maximum) Authorized Representative: Weeks (A longer delivery period may cause the bid to be disqualified) Name: Signature:
PURCHASE ORDER FOR GOODS AND SERVICES (INCLUDING WORKS) Contract Date Contract Code PURCHASER AND SUPPLIER DETAILS: Purchaser Millennium Challenge Account Namibia Supplier Physical Address 117 Sam Nujoma Drive Windhoek Physical Address Postal Address 23005 Windhoek Postal Address Telephone (061) 410400 Telephone Fax (061) 410415 Fax E-mail Contact PRICE AND SCHEDULE OF SUPPLY: E-mail Contact Item Description Quantity Unit Price (NAD) Total (NAD) In the event of discrepancies between the Unit Price and Purchase Order Price, the Purchase Order Price shall prevail. SPECIAL CONDITIONS: Subtotal VAT Other taxes Purchase Order Price AGREEMENT: The Supplier agrees to Supply/Perform all Goods/Services set forth above and included by any Amendment and in any Solicitation cited above for the fixed-price Purchase Order Price specified in accordance with the Standard Terms and Conditions set forth herein and in any accompanying Solicitation as may have been issued. In the event of a conflict between the Standard Terms and Conditions of this Purchase Order and any other document, this Purchase Order shall govern. SIGNATURES: For the Purchaser For the Supplier Supplier s signature is not required for purchase orders with a value of less than NAD15000. FOR SUPPLIER S REFERENCE: The Supplier must read the Standard Terms and Conditions on reverse prior to accepting this Purchase Order All payments are strictly in accordance with the Standard Terms and Conditions unless otherwise authorised as a Special Condition above; should you require alternative payment conditions, please notify MCA-N prior to accepting this Purchase Order Should you require any other exception from the Standard Terms and Conditions, please notify MCA-N prior to accepting this Purchase Order A carbon copy of the purchase order has the same legal power as the original signed by MCA-N; should you require an original copy, please notify MCA-N as indicated above
Annex 4: Special Conditions STANDARD TERMS AND CONDITIONS 1. FIXED PRICE: The prices indicated in this Purchase Order are firm and fixed, and not subject to any adjustment during Purchase Order performance. The Supplier will not be paid an amount that exceeds the Purchase Order Price. 2. DELIVERY, INSTALLATION AND TESTING: The performance of this Purchase Order, including installation and testing if applicable, will be completed within the period(s) indicated in the Special Conditions. Works will be performed and Goods will be delivered to and, if applicable, installed and tested at the following address: Atlas House, 6 th floor, 117 Sam Nujoma Drive, Windhoek, Namibia unless indicated otherwise as a Special Condition. If at any time during performance of this Purchase Order, the Supplier should encounter conditions impeding timely performance of this Purchase Order, the Supplier shall promptly notify the Purchaser in writing of the delay, its likely duration, and its cause. As soon as practicable after receipt of the Supplier s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier s time of Purchase Order performance, in which case the extension shall be ratified by the parties by amendment of the Purchase Order. 3. PAYMENT: 100% of the payment shall be made against the complete performance of the Purchase Order, unless stated otherwise in the Special Conditions. All payments shall be made by check or by electronic bank transfer. To obtain payment, the Supplier shall submit an invoice to the Purchaser. The Purchaser shall acknowledge the complete performance of the Purchase Order by accepting the invoice. For all invoices properly submitted in accordance with this requirement, payment will be made to the Supplier within thirty (30) days after the acceptance of the invoice by the Purchaser. 4. WARRANTY: If applicable, shall be as indicated as a Special Condition. For Goods, manufacturer s standard warranty shall be the minimum default warranty. 5. REQUIRED TECHNICAL SPECIFICATIONS: If applicable, shall be as indicated in the Price and Schedule of Supply. 6. FAILURE TO PERFORM: The Purchaser may cancel, at any time, this Purchase Order if the Supplier fails to perform the Purchase Order in accordance with these Terms and Conditions. 7. LIQUIDATED DAMAGES: The Supplier agrees that failing to complete the performance of this Purchase Order, in part or in full within the period(s) specified in the Purchase Order, the Purchaser shall, without prejudice to its other remedies under the Purchase Order, deduct from the Purchase Order Price, as liquidated damages, a sum equivalent to one fourteenth percent (1/14 th %) of the Purchase Order Price for each day of delay in provision of Goods or nonperformance of Services, until the actual delivery or performance, up to a maximum deduction of five percent (5%) of the Purchase Order Price. Once the maximum is reached, the Purchaser may consider canceling the Purchase Order. 8. CORRUPTION; FRAUD; COLLUSION; COERCION; AND PROHIBITED PRACTICES: The Purchaser requires that the Supplier observe the highest standard of ethics during the procurement and execution of this Purchase Order. In addition, the Purchaser may cancel the Purchase Order if it determines at any time that the Supplier engaged in corrupt, fraudulent, collusive, coercive or prohibited practices during the selection process or the execution of the Purchase Order. 9. NOTICES: Any notice, request or consent given by one party to the other pursuant to the Purchase Order shall be in writing, to the attention of the signatory of the Purchase Order, and sent to the address specified in the Purchase Order. A notice shall be effective when delivered or on the notice s effective date, whichever is later. A Party may change its address for notice hereunder by giving the other Party notice in writing of such change sent to the address specified in the Purchase Order. 10. TAXES: The Purchase Order Price will include all Taxes as applicable and the Purchaser shall not be responsible for the payment of any additional Taxes. The Purchase Order Price shall not be adjusted to account for such Taxes. 11. ELIGIBLE COUNTRIES: Persons or entities prohibited from participation in procurements funded with The World Bank assistance or debarred or suspended from participation in procurements funded by the US Federal Government or otherwise prohibited by applicable United States law or Executive Order or United States policies including under any then-existing anti-terrorist policies are not applicable to receive funding under this Purchase Order. It is the legal responsibility of the Supplier to ensure compliance with these Executive Orders and Laws. 12. ASSIGNMENT: This Purchase Order shall not be assigned by the Supplier to any third party without the expressed written consent of Purchaser. 13. DISPUTES: In the event of any dispute, a claim by the Supplier must be made in writing and submitted to the authorized signatory of this Purchase Order for a written decision. A claim by the Supplier is subject to a written decision, which shall be rendered within 60 days of receipt of the Supplier's claim. The decision rendered will be considered final unless appealed by the Supplier. The Supplier will proceed with performance of this purchase order pending final resolution of any claim. 14. GOVERNING LAW: This Contract is governed by the MCA-N Procurement Rules, which are part of the Compact Agreement between the Millennium Challenge Corporation and the Government of the Republic of Namibia. 15. NON-LIABILITY: The Purchaser does not assume any liability with respect to any third party claims for damages arising out of work funded by this Purchase Order. Page 7