Tender Document Receipt

Tendering and Offer Documents – Goods and Services

Location: Uganda, Kotido and Kaabong Districts		Tender No.: KMP/3297/GHG/15
Name of Tender: Tender, Uganda, GHG Road Construction		Date: 2/18/2015
GL Acct: 8400	LIN Code: L315	Fund Code: 32213/04

Contents
Part I, Announcement

1. Summary of Tendering Announcement

2. Terms, General Information, and Instructions to Vendors
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, Guarantees, Insurance, and Taxes

3.5 Termination of Contract
Part II, Offer

4. Contractor Submission Forms and Declarations

4.1 Notes to Contractors Concerning Submission Forms and Formats

4.2 Contractor Qualifications Summary

4.3 Declaration of Eligibility

4.4 Offer Form and Quotation

4.5 Additional Information from Contractor (optional)





Part I, Announcement

1. Summary of Tendering Announcement, and General Information
1.1 Name of Tender

Tender, Uganda, GHG Road Construction

1.2 Location/Field Office

Mercy Corps Uganda – Kotido and Kaabong Office

1.3 Subject/Description

Mercy Corps is soliciting bids for:

Construction and mechanized road grading of 36 km of Marrum road, from Kacheri in Kotido District to Lobalangit in Kaabong District (Kacheri–Lobalangit Road
1.4 Submission of Offer

The email address for submission of offers is:

[e-mail]

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

Mercy Corps Uganda is soliciting bids for construction and mechanized road grading of 36 km of Marrum road, from Kacheri in Kotido District to Lobalangit in Kaabong District (Kacheri–Lobalangit Road).

Interested bidders must complete the associated Bill of Quantities (BOQ) and carry out a site inspection before completion and submission of bids. See, Annex 1, Bill of Quantities, and Annex III. Site Visit Report Form
1.6 Funding Source/Donor

USAID
1.7 Language

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

English
1.8 Questions

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

[e-mail]

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

See Mercy Corps Website for offer-submission deadline (www.mercycorps.org/tenders). Offers received after this time will not be considered.

1.10 Offer Review, Decision, and Selection

Offers will be opened and inspected by Mercy Corps. The winning contractor will be selected and notified within seven (7) days of the close of the submission period. Notification will be made by email and/or by post.

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

2. Terms, General Information, and Instructions to Vendors
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 respondents to this tendering process 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 offers 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,
  
• 
  No respondent should add, omit, or change any item, term, or condition on original documents,
  
• 
  If vendors have any additional requests and conditions, these shall be stipulated in their offer,
  
• 
  Each respondent may make one offer only,
  
• 
  Each offer shall be valid for the period of sixty (60) days from its date of submission,
  
• 
  Offers shall be made in writing, with prices in USD only,
  
• 
  All offers should indicate whether they include taxes, compulsory payments, levies and duties, including VAT, if applicable,
  
• 
  Contractors 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: Uganda Shillings

2.6 Tendering and Offer Documents

All offer-related forms and documents are included in Part II of this document.

2.7 Eligibility of Vendors

Vendors 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 Offer Delivery

• 
  All offers 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 contractor, and the correct return address, and will be signed where indicated,
  
• 
  Offers delivered after the specified time will not be accepted.
  

2.9 Offer Opening

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

2.10 Offer Evaluation

Mercy Corps will examine all offers 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 offers will first be evaluated on technical merits. The technical evaluation assesses the capacity of the offer, 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 offer. 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 offers and vendors 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 Contractor

Selection of the winning contractor will be based on the ranking of offers responding to the announcement, according to technical and financial/cost criteria, as well as any other criteria established by Mercy Corps.

2.12 Acceptance of Successful Offer

After submitted documentation from the selected contractor has been verified, the contractor 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 vendor 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 respondents must agree to abide by this policy.
2.14 Environmental Standards

Contractors 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.

Additionally, and if applicable, contractor will incorporate in their plan:

• 
  Timber and timber products originating from sustainable and legal resources, in accordance with US and UK Government guidelines,
  
• 
  Use of the most energy-efficient electrical tools and domestic appliances (energy efficiency rated “A” or above),
  
• 
  Recycled paper products, where paper-free approaches are unsuitable,
  
• 
  Use of non-ozone-depleting materials,
  
• 
  Air travel, procured from companies that participate in projects designed to minimize carbon emissions,
  
• 
  Purchase of consultancy services that favor vendors who ensure identification of environmental impacts, and who take actions to address potentially adverse impacts, while enhancing environmental benefits.
  

 

Purchase of the following will, whenever possible, be avoided:

• 
  Products or equipment containing, using, or manufactured with ozone-depleting substances, such as CFC’s and HCFC’s,
  
• 
  Products or equipment containing, using, or manufactured with substances with high global-warming potential, such as HFC’s/PFC’s, methane, etc.,
  
• 
  Products containing toxic substances,
  
• 
  Products with excessive packaging, unless the supplier offers packaging-recovery schemes,
  
• 
  Products containing non-rechargeable batteries.
  

 

Where value-for-money can be demonstrated, contractor will use:

• 
  Substances and/or products with proven reduced-toxicity, compared to the alternatives,
  
• 
  Products containing recycled content,
  
• 
  Products designed for re-use and/or recycling at end-of-life,
  
• 
  Energy-efficient electrical appliances,
  
• 
  Energy and materials derived from sustainably managed renewable resources,
  
• 
  Low-emission vehicles,
  
• 
  Other products designed to reduce their environmental impacts, or with superior proven environmental performance.
  

For those programs and projects funded by the UK Department for International Development (DFID), and rated at over £1 million estimated value, an established and formal environmental-screening and assessment process will be employed to identify the environmental implications of goods and services purchased, which will be incorporated in the project(s). Guidelines for this process are available from DFID¹.

3. Project-Specific Documents and Details
3.1.a Materials and Equipment (for procurement of Services, leave this Section blank, and complete Section 3.1.b, below)
Specifications, Specific Conditions, and Delivery Schedule
3.1.a.1 Quantities

NA
3.1.a.2 Minimum Specifications

NA
3.1.a.3 Delivery Date

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

Delivery must be in accordance with the specifications provided, and Terms stated in the contract.
3.1.a.5 Delivery Location

NA
3.1.a.6 Other Provisions

NA


3.1.b Services (for procurement of Goods and Materials, leave this Section blank, and complete Section 3.1.a, above)
Statement of Work

The Statement of Work is included as a separate document, also available on this website.

Please read this and all associated documents carefully.

Please also note that there are the following Annexes:

Annex I. Bill of Quantities

Annex II Drawing/Figure of Construction Detail

Annex II.1 Drawing/Figure of Construction Detail

Annex III Site Inspection Report

Annexes I and III must be completed and returned with all bids.


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

The contractor 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 purchasing Contract, regardless of the evolution of market prices in the weeks and months following the signing of the purchasing 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 detailed herein.
The contractor 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 contractor 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 its donor(s).
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

Payments will be made in Uganda Shilling (UGX) by EFT on the basis of actual progress of works. Mercy Corps will make payments in three phases:

1. 
   40 (Forty) % upon completion of opening all the roads
   
2. 
   50 (Fifty) % upon completion of all works and handing over;
   
3. 
   10 (Ten) % of the total value of the awarded contract will be retained for a 180-(One hundred eighty) day guarantee period, except in specific situations.
   

The contractor may request an advance payment of up to 25 (twenty five) % of the contract value guaranteed by the contractor’s bank. Payments will be made only if the contracted works are completed properly and on time, as approved by the Mercy Corps engineer.

Any offer or contract, before or after performance of work, shown to have resulted in the payment of unusual commercial costs will be rejected or cancelled with immediate effect
If the Contractor does not honor the contracted deadline for completion of all works, penalties will be implemented by reducing the final payment by 0.5% of the total value, for each day over completion date, beginning on the first day of default as determined by Mercy Corps.

3.4 Warranties, Guarantees, Insurance, and Taxes

The Contractor guarantees the quality of general workmanship for a minimum period of two years from the date of completion of the works, or longer if necessary.

Should any problems occur, Mercy Corps will notify the Contractor in writing of any problems as soon as possible, and the Contractor will complete any necessary repairs immediately, at the Contractor’s own expense.
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 contractor defaults in its obligation to fulfill the conditions set forth in the 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 Announcement and Offer Documents,
In the case of termination under clauses 3.5.1 or 3.5.3, above, the contractor shall be liable for all costs associated with the default, and to repay any advance paid, and to cover any costs incurred by Mercy Corps as a result of the termination of the Contract.
In case of termination under Clause 3.5.3, above, Mercy Corps will not be responsible for any material or transportation costs involved.
In the case of termination under Clause 3.5.2, above, payment will be made only for the delivered goods, vehicles, equipment, and/or accessories.
Additional Contract termination clauses:

As above.

Part II, Offer

4. Offer Submission Forms and Declarations

4.1 Notes to Vendors Concerning Submission Forms and Formats

4.1.a Please answer all questions,

4.1.b All forms should be completed,

4.1.c Supplementary pages may be photocopied and inserted if required,

4.1.d Please retain a copy of your complete submission,

4.1.e If a joint venture is proposed, all companies are to respond to all questions,

4.1.f All costs are to be presented in Uganda Shillings,

4.1.g Documents delivered late will not be considered.

4.2 Vendor Qualifications Summary

1.	Name of Tender	Type here to enter Name of Tender.
2.	Name of Vendor	Type here to enter Vendor Name.
3.	Address	Type here to enter Address.
4.	City – Town, Country	Type here to enter City, Town, Country.
5.	Telephone No. and Email	Type here to enter Telephone No. and Email Address
6.	Fax No.	Type here to enter Fax No.
7.	Legal Status	Type here to enter Legal Status.
8.	Ownership (state, public, private)	Type here to enter Ownership Information.
9.	Number, Year and Place of Registration (enclose copy)	Type here to enter Registration Information.
10.	Executive Management / Board Members	Type here to enter Management and Board Members.
11.	Basic Business Activities	1. Type here to enter Activity 1.
		2. Type here to enter Activity 2.
		3. Type here to enter Activity 3.
12.	Banking Information	Bank Name: Type here to enter Bank Name.
		Bank Address: Type here to enter Bank Address. Account and Routing Nos.: Type here to enter Acct. and Rounting Nos.
		Agreed to be paid by wire transfer: (Yes ☐ or No ☐)
13.	Total Number of Employees	Type here to enter No. of Employees.
14.	Client References (Client, contact, address, email, phone number)
	1. Type here to enter Reference 1.
	2. Type here to enter Reference 2.
	3. Type here to enter Reference 3.

4.3 Declaration of Eligibility

Name of Tender: Type here to enter Name of Tender.
Contractor: Type here to enter Contractor Name.
I, the undersigned (Name and address of representative):

Type here to enter Contractor Representative Name.

Representing (Name and address of company/entity):

Type here to enter Company/Entity Name.

Declare that the following conditions are applicable to us;

• 
  We are a registered company or companies,
  
• 
  We are not bankrupt or in the process of going bankrupt,
  
• 
  We have not been convicted for an offense concerning professional conduct,
  
• 
  We have not been guilty of grave professional misconduct (proven by any means which the contracting authorities can justify),
  
• 
  We have fulfilled obligations related to payment of social security and taxes,
  
• 
  We are not guilty of serious misinterpretation in supplying information,
  
• 
  We are not in situation of conflict or potential conflict of interest with Mercy Corps,
  
• 
  We were not declared as serious fault of implementation owing to a breach of their contractual obligations,
  
• 
  We do not employ personnel below the legal working age,
  
• 
  We provide basic social rights and fair working conditions to our employees,
  
• 
  We are not on any list of sanctioned parties issued by the United States Government, United Nations and European Union.
  

Declared by:
Name: Type here to enter Name

Position: Type here to enter Position

Date: Click here and on Arrow to select Date4.4 Offer Form and Quotation
Name of Tender: Type here to enter Name of Tender.
Contractor: Type here to enter Contractor Name.

Dear Mercy Corps,

Having examined the required announcement and project-descriptive documents for the above-mentioned tender, we offer to supply material, equipment, and/or services as described, for the amount, in Uganda Shillings of:
$Type here to enter Amount in USH, in Numbers
Type here to enter Amount in USH, in Words USH.

(in words)
To offer our above-mentioned price, we acknowledge that we have taken into consideration all the documents and instructions provided by Mercy Corps.
The following payment terms apply to this offer:

Type here to enter Payment Terms.

We undertake, if our offer is accepted, to deliver the material, equipment, and/or services described in the Tender Announcement and Offer documents within 14 days from the date of signing the Contract.
We understand and accept that Mercy Corps is not bound to choose the lowest price on any offer that may be received, and that any or all responses may be rejected without assigning any reason for such rejection.
Submitted by:
Name: Type here to enter Name

Position: Type here to enter Position

Date: Click here and on Arrow to select Date
4.5 Additional Information from Contractor (including information related to Sections 2.14, above)

Please also remember to include Annex I and Annex III with your response. These documents, and other relevant information, will be posted on the Mercy Corps website.

1^ https://www.gov.uk

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