Fuel Supply to UNRWAQ & A received after the pre bid meeting
ITB # PLD/WB/015/ITB/0001
Document / Section/Page / Subject / Clarification requested / UNRWA Answers1 / ITB / Section 5
Section 22
Section 23 / Exceptions, changes / Please confirm that exceptions or changes will not lead to automatic rejection of Tenders if the exception or change is clearly stated. / As stated: Conditional and alternative offers/ tenders will not be accepted.
Exceptions if clearly stated will not lead to an automatic rejection. However it has to be clearly understood that such exceptions are at the risk of the bidder as UNRWA reserves the right to reject any tender containing such exceptions even if they are clearly stated.
2 / Annex 6 / Section 34 / UN General Conditions / Please confirm that the UN General Conditions referred to in Annex 6 are the General Conditions attached as Annex II to the ITB. / The given interpretation is correct. Reference is made to the General Conditions Of Contract For The Provision Of Good And Services attached in Annex II of the ITB.
3 / ITB / Page 4, line 5
Section 28.11 / Minimum validity period of offer / Following the answer in the Bidder’s meeting, please confirm that the required minimum validity period of the offer is 120 days. / See confirmation in the pre bid meeting Q & A summary point 9.
4 / ITB
Annex I3 (Lot 1)
Annex I3 (Lot 2)
Annex I5 (Lot 2)
Annex 6
General Conditions / Sections 4 and 14
Last line
Last line
Section 3
Page 3, last par.
Section 20 / Taxation / Following the bidders’ meeting it has been agreed that UNRWA will provide Form 380 as soon as possible in order to enable us a reasonable period to obtain a confirmation of the exemptions by the Israeli fiscal authorities. / See confirmation in the pre bid meeting Q & A summary point 2 under delivery process for deliveries into Gaza. The same can be applied to deliveries to the Jerusalem Field Office Fuel Station.
5 / Annexes I2 and I3 (Lot 1)
Annex I2 and I3 (Lot 2) / Pricing model / Following the bidders meeting, we understand that the fee to the Israeli Ministry of Defense is included in the line “fees if any”. As of now, this fee amounts to 500 NIS, and may be changed in the future. / Yes this is correct.
6 / ITB
Annex I2 (Lot 1)
Annex I4 (Lot 1)
Annex I4 (Lot 2)
Annex 5 / Section 14
Quotation form, par. costs of distribution
First bullet
First bullet
Section 2c / Delivery terms / Following the bidder’s meeting, the quantities of fuel for the purposes of the contract, including payments will be determined in accordance with the quantities in each applicable delivery form signed by an UNRWA representative with a stamp of UNRWA. / UNRWA will sign a so called outline agreement / long term agreement with the respective supplier. Individual Orders will be placed in the form of so called Call Off Purchase Orders which will be submitted in writing by email or fax. Supplier should confirm the reception of the order by phone or email and indicate the delivery time.
Deliveries of the quantities stated in the individual Call Off POs will be documented by the supplier on his delivery documents. Signature of UNRWA representative and stamp of the respective delivery document as confirmation of receipt by UNRWA will form the base of payment of each individual Call Off PO.
7 / Annex I4 (Lot 1)
Annex I4 (Lot 2) / Second and fifth bullets / Delivery time
Penalties for delays / 1)Following the bidder’s meeting, please provide answer to our request that “until the twentieth (20th) day of each month, UNRWA will provide Supplier with a written binding order of the quantities of each type of fuel to be ordered by UNRWA during the following month."
2)Following the bidders’ meeting, we understand that the delivery time is amended to respectively four (4) Israeli business days for Lot 1 (Gaza) and three (3) Israeli business days for Lot 2 (West Bank-Jerusalem).
3)Please confirm that call off will be made in writing (e-mail or fax) with phone receipt confirmation.
4)Following the bidders’ meeting it has been agreed that the fine will only be paid for delay exceeding 7 days.
5)Please clarify that Supplier shall be entitled to suspend deliveries in the event that payments by UNRWA are not made in accordance with the terms of the Contract. / 1)See confirmation in the pre bid meeting Q & A summary.
2)See confirmation in the pre bid meeting Q & A summary.
3)See answer to question 6 above.
4)See clarifications in the pre bid meeting Q & A summary
5)The contract does not entitle the Supplier to suspend deliveries in the event that UNRWA does not make payments in accordance with the terms of the Contract. In the event that there is a delay in UNRWA’s payment of an invoice, it is expected that UNRWA and the Supplier would attempt to resolve the matter amicably with a view to ensuring that the Supplier is paid in full.
8 / Annex I2 (Lot 2) / Line 3 in the table / Cost of 380 fuel rings / Please note that due to the change in Israeli legislation, rings will have to be changed during the term of the contract for universal rings. The expected cost of the change of rings is 400 NIS per ring. / This should be part of the pricing model and included there accordingly.
9 / Annex I4
Annex I6 / First bullet
First bullet / Warehouse
Fuel pumps / Following the bidders’ meeting, we understand that Lot 2 (Jerusalem) – first bullet et second bullet (replacement of the two fuel pumps and linkage to Contractor’s software) will be priced separately. Please confirm. / See clarification in the pre bid meeting Q & A summary point 5.
10 / Annex I5 (Lot 1)
Annex I5 (Lot 2)
Annex I6 (Lot 2) / Second section
Second section
3rd, 4th and 11th bullets / Documents from Contractor
Reports
Procedure / Following the bidders’ meeting it has been agreed that UNRWA will provide forms/examples of all required documentation, statistical information, reports, procedure, etc. / The mentioned documents will be provided to the winning bidder accordingly.
11 / Annex I5 (Lot 1)
Annex I5 (Lot 2) / Standards / Following the bidders’ meeting it has been agreed that all fuel will be supplied by Supplier in accordance with the applicable Israeli standard in force at the time of delivery. / See clarification in the pre bid meeting Q & A summary point 6.
12 / ITB
Draft Contract
General Conditions / Section 15
Section 4.2.3
Sections 6.6 and 6.7 / Acceptance
Rejection / Kindly limit the period for acceptance (satisfactory receipt of goods and services) or rejection of goods and services to three (3) business days after delivery. / Alteration or amendment of conditions which are based on the General Conditions Of Contract For The Provision Of Goods And Services (GC) cannot be agreed to.
13 / ITB
Annex I2 (Lot 1)
Annex I2 (Lot 2) / Sections 7 and 27.7
Page 3
Page 4 / Fueling machines / Following the bidder’s meeting, we understand that an additional tender will be issued with respect to the replacement of fueling pumps in Gaza and Rafah. / See clarification in the pre bid meeting Q & A summary point 5.
14 / General Conditions / Sections 6.5.8 / Warranty scope / Please clarify thatnon-conformities resulting from any of the following events are not included in the warranty:
-Operation not in accordance with the manufacturer's instructions
-Damages resulting from maintenance or repair by UNRWA or a third party
-Damages resulting from force majeure events
-Damages not caused by Supplier
-Wear and tear / The mentioned limitations of the warranty scope and their individual application for fuel products have to be clarified and agreed upon in the final contract.
For technical equipment the warranty scope is defined by the manufactures instructions.
In terms of Force Majeure the respective provision of the General Conditions (GC) does apply.
15 / Annex I6 (Lot 2) / 7th bullet / Maintenance / Following the bidders meeting, it has been agreed that arrival of repair team will be within two working hours of Contractor from receipt by Contractor of notice from UNRWA. / See clarification in the pre bid meeting Q & A summary point 8.
16 / ITB
Annex I4 (Lot 1)
Annex I4 (Lot 1)
Draft Contract / Section 13
Third bullet
Third bullet
Section 2 / Option period / Please amend Section 2.2 of the Draft Contract such that the notice period will be sixty (60) days (instead of 30 days). / Given the nature of UNRWA operation and the general environment it operates in it is not possible to agree to this request at this stage.
17 / ITB
General Conditions / Section 19
Sections 7, 8.1, 15.6 and 16.1 / Indemnification / 1) Please clarify that UNRWA shall notify Supplier in writing of any breach or alleged breach of the Agreement and shall allow a cure period of fourteen (14) days from receipt of such written notice by Supplier.
2) Please clarify that Contractor’s total responsibility and liability under the contract shall be limited to the responsibility and liability covered in its insurance policies. / 1)As per ITB section 19 and GC
Section 18.1 an agreeable arrangement shall be made in the final contract between UNRWA and the winning bidder.
2)It is considered the contractors obligation to assure his compliance with the GC. Accordingly it is considered the contractors obligation to seek an appropriate insurance to cover the mentioned conditions.
18 / General Conditions
Annex 5 / Section 8
Section k / Insurance / We are checking the issue of our policy territory in Gaza and Rafah since these territories are not included. Will it be possible to use the policy of a sub contractor for these territories?
- Section 8.2.1 – see general comment above.
- Section 8.2.2 – see general comment above. The sub-contractorinsures his own employees.
- Section 8.2.3 – See general comment above.
- Section 8.3 – See general comment above. The sub-contractor will insure his own liability.
- Section 8.5 – See general comment above.
- Section 8.7 – See general comment above. In any case We will provide certificates of insurance but not the whole policies.
19 / General Conditions / Section 15 / Termination / Please include the following provisions:
Notwithstanding Section 15.1 of the General Conditions, and without derogating from any other right and remedies available to Contractor, in the event that UNRWA fails to timely pay any payment which has become due under the Contract and did not cure such failure within seven (7) days from Contractor's written notice, Contractor shall be entitled to terminate the Contract forthwith and without further notice. / An alteration or amendment of the GC cannot be agreed to at this point in time.
20 / General Conditions
PCA Optional Rules
ITB
Convention on the Privileges and Immunities of the UN / Sections 18 and 19
Article 1(2)
Section 14
Sections 2 and 3 / Settlement of disputes
Immunity /
We kindly request that UNRWA will fully waive all privileges and immunities accorded to UNRWA in international law.
/ Please see Article 19 of the GC.21 / General Conditions / Section 18 / Arbitration
Enforcement by UNRWA / Please amend Section 18 such that the place and the seat of the arbitration will be
London (England). / An alteration or amendment of the GC cannot be agreed to at this point in time.
22 / ITB
Annexes
(Draft Contract) / Section 8
Section 1.2.1 / Order of precedence / 1)Following the bidders’ meeting, we understand that the order of precedence between documents should be as follows:
(a)ITB
(b)Annex I (Lot 2 and Lot 1)
(c)Annex III (Draft Contract)
(d)Annex II (General Conditions)
(e)Other Tender documents
2)The terms and provisions of Annex 5 seem not to be in line with the other documents. Please consider to delete or update Annex 5.
3)Please provide the Terms of Reference referred to in Section 1.2.1.1 of the Draft Contract. / 1)The precedence of documents should be considered in the following way a.) ITB, Annex I & II b.) other Tender documents c.) Annex III. The draft contract allows suppliers to know before tendering the terms and conditions of the specific agreement, and understands the type of contract they would be expected to sign if selected as a supplier to UNRWA.
2)We agree that there are inconsistencies in Annex 5 as we attached the general template document. We will update Annex 5 and publish it together with this very Q & A. Inconvenience is regretted
3)The ToR of the final agreement will be composed out of the terms specified and outlined in Annex I (Lot 1 & Lot 2)
23. Paragraph 16 (page 7 in ITB) :
- Is it possible to carry out the tender through a fully owned subsidiary of Sonol (SonolDarom Ltd to Gaza, and SonolMerkaz Ltd. To Jerusalem)?
- Subcontractor for transportation fuels from Kerem Shalom to UNRWA Sites in Gaza: Bahalol Company.
ANSWER: This ITB is a public tender. Companies as per pre bid meeting Q & A summary point 12. are eligible to join.
24. The transports of fuels in Gaza - Please specify the number of sites (and names) + tank size within each site.
We ask that the approval for the amount of fuel received by UNRWA will be given by one source.
ANSWER: Please see pre bid meeting Q & A summary point 4. Orders for fuel deliveries will provided through HFLO Gaza or his delegates.
25. Specify your petrol and diesel monthly consumption in external gas stations.
ANSWER: On average per month about 2000 Lt Diesel and about 5000 LT Benzene.
26. Exemption from blo – in the pro-bid meeting we were asked to provide a certificate what states that we have the ability to do so,
The only existing certificate states that is: "fuel manufacturer", please confirm that this certificate is accepted.
ANSWER: See clarification in the pre bid meeting Q & A summary point 12.
27. Are all UNRWA's (Gaza) requirement for equipment (6 pumps etc.), installation and / or maintenance will be paid by UNRWA?
ANSWER: See clarification in the pre bid meeting Q & A summary point 5.
28. General conditions of contract:
8.1 - requested to add: "subject to the Contractor being legally liable for all such damage, loss or destruction"
8.2.1 - requested to add: "Contractor is allowed not to maintain, partially or in whole, the aforementioned insurance subject to the contractors waiver of claim regarding damage that will be caused to such property."
8.3 - it is requested to add prior to the word: "subcontractors" the words: "liability arising from its".
ANSWER:An alteration or amendment of the GC cannot be agreed to at this point in time.
29. Related to the storage insurance and responsibility, who will be responsible for such damage that might take place during war?
ANSWER: The supplier is supposed to provide appropriate insurance cover in accordance with DAP delivery terms. Once the fuel has been received at DAP delivery point the risk for the storage rests with UNRWA.
30. Related to the payment policies, how the payment will be taking a place during the working operations?
ANSWER: See clarification in the pre bid meeting Q & A summary point 2 and ITB section 15.
31. Related to the changing the pumps and rings, would it be on the tenderer or an UNRWA purchase request?
ANSWER: See clarification in the pre bid meeting Q & A summary point 5 and question 8 above.
32. Related to Al-Huda as an Arab company applying for this tender, is it officially ok and legal to enter such tender on an Arab VAT/TAX ID?
ANSWER: See clarification in the pre bid meeting Q & A summary point 12. PA registered companies must be able to provide “Zero – VAT” invoices and can assure deliveries to East Jerusalem.
33. Please Confirmationthat if UNRWA would not receiveexemptionfrom Blo and VAT from the Israeli government, it will be added to the fuel price that in the agreement.
ANSWER: As per the Convention On the Privileges And Immunities Of The United Nations to which the Government Of Israel is a signatory to since the 21st September 1949 the United Nations, which UNRWA is a part of, under Section 7 is exempt from all direct taxes. However various practical arrangements are in place with regards to the tax exemption regime. UNRWA clearly recognises that taxes are not part of the suppliers responsibility and are therewith not subject of the current ITB.
Amendment and extension of deadline for the submission of bids forITB # PLD/WB/015/ITB/0001:
Due to various requests UNRWA has decided to extend the deadline for the submission of bids until 1st July 2015 12am Israel Time.