Tender and Application Documents – Goods and Services

Location: Goma, Democratic Republic of Congo / Tender No.: MC-DRC-006/2014
Name of Tender: HDPE Pipes and Accessories DN 160, PN16 / Date: 4/1/2014
Acct. Code: 8400 / Sub Code: 032 / Cost Center: 32341

Contents - Tender and Application Package

Part I, Tender

1. Summary of Tender

2. Terms, General Information, and Instructions to Applicants

3. Project-Specific Documents and Details

3.1a Materials and Equipment

Specifications, Specific Conditions, and Delivery Schedule

3.1b Services

Statement of Work

3.2 General Terms of Payment, Cost and Supply of Materials, Equipment, Accessories, and/or Services

3.3 Specific Payment Terms and Penalties

3.4 Warranties

3.5 Termination of Contract

Part II, Application

4. Applicant Submission Forms and Declarations

4.1 Notes to Applicants Concerning Submission Forms and Formats

4.2 Applicant Qualifications Summary

4.3 Declaration of Eligibility

4.4 Application Form and Quotation

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Tender and Application Documents – Goods and Services

Part I, Tender

1. Summary of Tender and General Information

1.1 Name of Tender

Supply Pipes HDPE and accessories, DN 160 , PN16

1.2 Location/Field Office

Goma, North Kivu, Democratic Republic of Congo

1.3 Subject/Description

Mercy Corps is soliciting bids for:

Provision of pipes HDPE and accessories in Goma

1.4 Submission of Application

The email address for submission of applications is:

1.5 Summary Text of Announcement (for posting on Mercy Corps Website)

Mercy Corps DRC is seeking bids for the supply of HDPE piping materials and hydraulic fittings, for its Water, Sanitation, and Hygiene program (WASH) in North Kivu province. Those materials will serve for the rehabilitation/construction of the Nyabyunyu water system network funded by Pooled Fund.

1.6 Funding Source

POOLED FUND

1.7 Language

The language for this Tender, application instructions, and associated responses, is:

English

1.8 Questions

Specific questions about this tender may be submitted to Mercy Corps at:

(specify the tender number in the email subject). Questions will be answered within two working days. Mercy Corps reserves the right not to respond to questions that undermine the competitive bidding process.

Questions submitted to Mercy Corps, and their answers, will be posted on the Mercy Corps Website (www.mercycorps.org/tenders).

1.9 Application Deadlines

Applications must be submitted on or before: 4/15/2014 04.21.14, note date extension

at (time): 16:00 hrs (Goma time)

Applications received after this time will not be considered.


1.10 Application Review

Applications will be opened and inspected by Mercy Corps.

at: Mercy Corps DRC office

on: April 22th at 10:00 hrs (Goma time)

1.11 Decision and Selection

Mercy Corps will select and notify the winning applicant within seven (7) days of the close of the application period. Notification will be made by email and/or by post.

Mercy Corps will also notify those vendors who submitted applications but were not selected. Notification will be made by email and/or by post within seven (7) days of the close of the application period.

2. Terms, General Information, and Instructions to Applicants

2.1 Scope

Mercy Corps invites tenders for the equipment, materials, and/or services described and summarized in these documents, and in accordance with procedures, conditions, and contract terms presented herein. Mercy Corps reserves the right to vary the quantity of work/materials specified in these documents without any changes in unit price or other terms and conditions and to accept or reject any, all, or part of submitted offers.

2.2 Minimum Qualifying Criteria

Minimum criteria for applicants to the Tender include, but are not limited to, all the following:

·  Certificate of (business) Registration,

·  Adequate equipment and workshops,

·  Sufficient trained managers and workers,

·  Good track-record and references from previous clients,

·  Legal bank account (for payments made in bank checks or through bank transfers)

Proof of all the above must be provided to Mercy Corps on request.

2.3 Additional Criteria

·  All applications shall be made in accordance with these instructions, and all documents requested should be furnished, including technical specifications, drawings, bill of quantities, and/or delivery schedule, and payment terms. If any requested document is not furnished, a reason should be given for its omission,

·  All Applicants will receive identical documents. No applicant should add, omit, or change any item, term or condition on original papers,

·  If Applicants have any additional requests and conditions, these shall be stipulated in a separate letter accompanying their application,

·  Each applicant may make one application only,

·  Each application shall be valid for the period of sixty (60) days for its date of submission,

·  Applications shall be made in writing, with prices in USD only,

·  All prices must include all taxes, compulsory payments, levies and duties, including VAT, if applicable,

·  Applicants shall attach a detailed schedule for supply and delivery of materials.

2.4 Performance Standards and Payment Controls

All material, and/or equipment must be produced and supplied in accordance with all relevant and applicable rules, regulations, and statutes.

Payments will be made only if the contracted material and/or services meet these standards, and are delivered and completed properly and on time, as approved by Mercy Corps. Specific payment terms are described, below.

2.5 Currency

Payments will be made in: USD

2.6 Tender and Application Documents

All application-related forms and documents are included in Part II of this document. (see Pages 12-16).

2.7 Eligibility of Applicants

Applicants may not apply, and will be rejected as ineligible, if they:

·  Are not registered companies,

·  Are bankrupt or in the process of going bankrupt,

·  Were convicted of illegal/corrupt activities, and/or unprofessional conduct,

·  Have been guilty of grave professional misconduct (proven by any means which the contracting authorities can justify),

·  Have not fulfilled obligations related to payment of social security and taxes.

·  Are guilty of serious misinterpretation in supplying information,

·  Are in situations of conflict or potential conflict of interest with Mercy Corps,

·  Were declared at serious fault of implementation owing to a breach of their contractual obligations,

·  Are on any list of sanctioned parties issued by the United States Government.

2.8 Application Delivery

·  All applications will be delivered in the specified format to Mercy Corps, as attachments to email, and to the address and by the date stated herein,

·  All documents will be clearly marked with the name of the Tender to which it corresponds,

·  The documents will be marked with the name of the applicant, and the correct return address, and will be signed where indicated,

·  Applications delivered after the specified time will not be accepted.

2.9 Application Opening

Applications will be opened only by Mercy Corps, at the address and on the date specified herein. The applicant’s name, the total amount of the application, and any discounts and such other information that Mercy Corps may consider appropriate will be announced and registered in the procedural minutes.

2.10 Application Evaluation

Mercy Corps will examine all applications to ensure that they contain no amendment to the terms or any other irregularities and/or errors. To assist in the examination and selection process, Mercy Corps may, at its discretion, assemble and establish a Review Committee, which may include representatives of other entities.

2.10.a Technical Evaluation: The applications will first be evaluated on technical merits. The technical evaluation assesses the capacity of the application, based on its submitted technical documents, specifications, performance history, and references submitted. For this purpose, certificates and additional references may be requested and subsequently examined.

2.10.b Financial/Cost Evaluation: The financial/cost evaluation is based on the cost of products and services presented in the application. The evaluation is intended to assess and confirm that vendors provide good value to Mercy Corps for the cost of all goods and/or services offered.

2.10.c Other Evaluations: After ranking applicants according to technical and financial criteria, Mercy Corps may take into account other variables, including, but not limited to record of past performance, integrity, and social responsibility.

2.11 Selection of Applicant

Selection of the successful applicant will be based on the ranking of applicants responding to the Tender, according to technical and financial/cost criteria, as well as any other criteria established by Mercy Corps.

2.12 Acceptance of Successful Application

After submitted documentation from the selected Applicant has been verified, the applicant will then be obliged to sign a Contract for the stated amount. Any amendment to the original Contract will be determined by Mercy Corps, and will be documented as an “Annex “or “Amendment” to the original Contract.

2.13 Certification Regarding Terrorism, Acts of Corruption, and Potential Bribery

It is Mercy Corps’ policy to comply with the laws and regulations of the United States Government, the European Union, and the United Nations concerning the ineligibility of vendors, contractors, and suppliers of services for reasons of fraud, corruption or terrorist activity. These laws and regulations prohibit Mercy Corps from doing business with or providing support to any persons or entities that have been found to be engaged in, or provide support for, any such activities.

It is also absolutely forbidden for any Applicant and/or Contractor of Mercy Corps to make payments of any kind, either monetary or material, to any employee of Mercy Corps. This rule prohibits like payments to any relatives, partners, or associates of Mercy Corps employees.

All applicants must agree to abide by this policy.

2.14 Environmental Standards

Applicants should, at minimum, comply with all statutory and other legal requirements relating to the environmental impacts of their business. Areas which should be considered are, Waste Management (including packaging and paper use), Conservation, Energy Consumption, and overall environmental and social Sustainability.

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Tender and Application Documents – Goods and Services

3. Project-Specific Documents and Details

3.1.a Materials and Equipment

Specifications, Specific Conditions, and Delivery Schedule

3.1.a.1 Quantities

Item No. / Description / Quantity / Unit
1 / HDPE pipe DN160/PN16 / 3400 / meter
2 / GI 160 mm Elbows / 3 / pc
3 / DN 160 mm Flange / 2 / pc
4 / DN 160 mm Strainers / 1 / pc
5 / GI 160 mm Check valve / 1 / pc
6 / DN160 mm Suction(air valve) / 3 / pc
7 / 160 mm DN purge valve / 1 / pc
8 / GI 160 mm Fifting Union / 1 / pc
9 / 90 degre HDPE 160 mm elbows / 8 / pc
10 / HDEP Tee 160/110 Tee reducer / 1 / pc
11 / 160X40 mm collar support / 8 / pc
12 / DN160 mm Valves / 2 / pc
13 / HDPE 160 mm female adapter / 4 / pc
14 / HDEP 160X110 mm reducer / 1 / pc
15 / HDPE 40 mm Female plugs / 8 / pc
16 / 160 mm DN mat Bolts / 4 / pc

3.1.a.2 Minimum Specifications

HDPE DN 160, PN16

3.1.a.3 Delivery Date

5/15/2014

3.1.a.4 Delivery Conditions (including Shipping, Import and Export Documentation, Inspection Fees, Import and Export Taxes, and Storage Fees)

All taxes and storage fees at Supplier’s cost. Mercy Corps will provide the Supplier with copies of donation certificate, Arrete Interministeriel and Lettre d’Enlevement d’Urgence Permanente, so as to facilitate transit to DR Congo.

3.1.a.5 Delivery Location

Mercy Corps Office, Goma , North Kivu, Democratic Republic of Congo

3.1.a.6 Other Provisions

Mercy Corps is VAT exempted in DRC, and expects bidders to submit their offer excluding VAT.

3.1.b Services

Statement of Work

NA

3.2 General Terms of Payment, Cost and Supply of Materials, Equipment, Accessories, and/or Services

The Applicant agrees to submit a final and total fixed price for all materials, equipment and/or services required, and to purchase/produce/provide the total quantity of materials, equipment, and/or services required, after the signing of the purchase Contract, regardless of the evolution of market prices in the weeks and months following the signing of the purchase Contract.

After signing of the Contract, Mercy Corps will not be responsible in any way for any increased costs to purchase/produce and/or supply materials, equipment, and/or services corresponding to this Tender.

The Applicant agrees to store the total amount of materials and/or equipment, and cover all costs associated with storage, in order to deliver the quantities required by Mercy Corps as demanded, and in agreement with the delivery schedule detailed herein.

If it appears that the quality and technical specifications do not conform to the Contract, part of or all materials, equipment, and/or services may be rejected. The Applicant will be fully responsible to replace, at its own expense, and in the most timely manner, the requisite substitute materials, equipment, and/or services in question, and in equivalent quantities, technical characteristics, and qualities.

Mercy Corps has no obligation, under any circumstances, to accept materials, equipment, and/or services that do not meet the minimum quality standards as required by Mercy Corps and the Donor.

Mercy Corps reserves the right to engage an independent agency for external control, and/or to perform additional quality assessments and controls. This may occur during production, upon delivery, and/or within a specified period after delivery, as specified in the Contract.

3.3 Specific Payment Terms, Invoicing Requirements, and Potential Penalties

Penalty of 0.5% of the whole amount per day for late delivery of goods. Mercy Corps reserves the right to cancel the contract unilaterally if the delivery delay exceeds 10 days. Payment by bank transfer, 15 days following submission of invoice and delivery note signed by the designed Mercy Corps staff.

3.4 Warranties and Guarantees

Manufacturer and supplier guarantees and warranties to be clearly stated in the offer, for each item.

3.5 Termination of Contract

Mercy Corps reserves the right to alter or terminate the Contract for goods and/or services at any time if any one of the following conditions applies:

3.5.1 The Supplier defaults in its obligation to fulfill the conditions set forth in this Contract,

3.5.2 Due to circumstances outside of the contractual parties’ control, such as force majeure, war activity in project area, or unforeseen governmental interference,

3.5.3 If, for any reason, it is determined by Mercy Corps or a duly authorized representative of Mercy Corps that the material does not match specifications, or the quality standards specified in the Contract and the Tender and Application Documents,