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Tender and Application Documents – Goods and Services

Location: Goma, Democratic Republix of Congo Tender No.: MC-GOM-003/2017

Name of Tender: Food Commodities inland transport from Dar Es Salam to Bukavu (DRC)

Date: 10/19/2017

Acct. Code: Panalpina - USDA Sub Code: Panalpina - USDA Cost Center: Panalpina - USDA

Contents - Documents in Tender and Application Package

Part I, Tender1. Summary of Tender (for Announcement and Posting)

2. Terms, General Information, and Instructions to Applicants

3. Project-Specific Documents and Details3.1a Materials and Equipment

Specifications, Specific Conditions, and Delivery Schedule3.1b Services

Statement of Work3.2 General Terms of Payment, Materials 3.3 Specific Payment Terms and Penalties3.4 Sample Contract

Part II, Application4. Applicant Submission Forms and Declarations

4.1 Notes to Applicants Concerning Submission Forms and Formats4.2 Applicant Qualifications Summary4.3 Acknowledgement of Receipt of Tender-Solicitation Package 4.4 Declaration of Eligibility 4.5 Application Form and Quotation

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Part I, Tender

1. Summary of Tender

Name of TenderFood commodities inland transport from Dar es Salam (Tanzania) to Bukavu (Democratic Republic of Congo)

Location/Field OfficeMercy Corps RD Congo – Bukavu03, Avenue du plateau, Quartier Nguba, Commune d’Ibanda, BukavuSouth Kivu, Democratic Republic of Congo

Subject/Description Mercy Corps is soliciting bids for:Clearance & Forwarding, port handling and temporary storage, Fumigation in Port facilities, Transport from Port to Bukavu Warehouse, Clearance in DRC and discharge of food commodities at final destination.

Correspondence and communication related to this tender should be directed to:[email protected] Summary Text of Announcement (for posting on Mercy Corps Website)Mercy Corps is implementing the South Kivu Food Security Project (FSP) funded by USAID/Food for Peace Office.

Mercy Corps is seeking for its FSP program a qualified inland carrier for the transportation, clearance and handling of a total of approximately 500 MT of various food commodities including :

- Cornmeal (net 25kg per bag)- Green peas (net 50kg per bag)- Vegetable oil (net 22.045kg per carton)

From the port of Dar es Salam (Tanzania) to Bukavu (Democratic Republic of Congo).Only one lot is expected around January – February 2018.

Mercy Corps cannotguarantee the tonnage and/or timing of arrival which remain subject to changes.

Funding Source

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mailto:[email protected]


USAID/Food for Peace Office

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

QuestionsSpecific questions about this tender and application may be submitted to Mercy Corps at:HYPERLINK "mailto:[email protected]"[email protected] sure to specify the tender number in the email subject.Question will be answered within two working days. Mercy Corps reserves the right not to respond to questions that undermine the competitive bidding process.

Questions and answers submitted will be provided and sent to all invited applicants.

Application SubmissionApplications should be submitted by email, addressed and delivered to:[email protected] Make sure to specify the tender number in the email

subject.on or before (date): 11/10/2017at (time): 16.00 hours (Goma time) Applications received after this time will not be considered.

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mailto:[email protected]


Application ReviewApplications will be opened and inspected by Mercy Corps.on: Mercy Corps DRC – Goma officeat: November 15, 2017 ; 10:00 hours (Goma time)

Decision and SelectionMercy Corps will select and notify the winning applicant within seven days of the close of the application period. Notification will be made by email, telephone, or in person, with a confirmation copy of the notification mailed by post.

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

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2. Terms, General Information, and Instructions to Applicants

2.1 ScopeMercy Crops 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 the Tender 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 Language The working language of this Tender and Application is English. Other languages will not be accepted.

2.3 Funding SourceThe program/project is financed by: USAID/Food for Peace Office

2.4 Minimum Qualifying CriteriaMinimum 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.

2.5 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,

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

2.6 Detailed Description of Solicited MaterialsA detailed description of materials is listed below (see Section 3, Project-Specific Documents and Details).

2.7 PaymentsPayments will be made in: US DollarsPayment terms are: As per Annex APayments will be made only if the contracted material is delivered and completed properly and on time, as approved by Mercy Corps. 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.

2.8 Performance Standards: All material, and/or equipment must be produced and supplied in accordance with all relevant rules, regulations, and statutes currently in force in: Tanzania, Rwanda, DRC and all country crossed

2.9 Tender and Application DocumentsAll application-related forms and documents are included in Section 4, below (see Acknowledgement of Receipt of Tender and Application Documents), which should be signed by each applicant before submission.

2.10 Eligibility of ApplicantsApplicants 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 for 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.

2.11 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,

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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,

Applications delivered after the specified time will not be accepted.

2.12 Application OpeningApplications 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.

2.13 Application EvaluationMercy 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.

2.13.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.

2.13.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.

2.13.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.

2.14 Selection of ApplicantSelection 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.

2.15 Acceptance of Successful ApplicationMercy Corps will notify the successful applicant by 11/22/2017 After submitted documentation from the selected entity has been verified, the applicant will then be obliged to sign the Contract for the stated amount. Any amendment to the original

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Contract will be determined by Mercy Corps, and will be documented as an “Annex “or “Amendment” to the original Contract.

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3. Project-Specific Documents and Details

3.1.a Materials and Equipment

Specifications, Specific Conditions, and Delivery Schedule

3.1.a. 1 Quantities See 3.1.b below

3.1.a. 2 Minimum Specifications See 3.1.b below

3.1.a. 3 Delivery Date See 3.1.b below

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

3.1.a. 5 Delivery Location See 3.1.b below

3.1.a. 6 Other Provisions See 3.1.b below

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3.1.b Services

Statement of WorkSee annex A, posted separately on HYPERLINK "http://www.mercycorps.org/tenders"www.mercycorps.org/tenders

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3.2 General Terms of Payment, Cost of Materials, and AccessoriesThe applicant agrees to submit a final and total fixed price for all materials, equipment and/or services required, regardless of the evolution of market prices in the weeks and months following the signing of the purchase Contract. This means that the applicant expressly agrees to purchase/produce/provide the total quantity of materials, equipment, and/or services required, after the signing of the purchase Contract. This also means that 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.

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. 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 contract 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 and PenaltiesAs per Annex A

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3.4 Sample Contract (included for Applicants’ general reference)

Name of Contract

This Contract is between: ,represented by: , hereinafter called, “Mercy Corps,”

And: , with principal offices in: ,represented by: , hereinafter called, “Supplier.”

Whereas, Mercy Corps wishes to procure the items listed in Section 3, Tender and Application Documents, which are funded by: ,

And, Supplier desires to provide the materials, equipment, and/or services, both parties have agreed to the terms and conditions set forth below.

PriceThe total price for the materials, equipment, and/or services subject to this Contract is:

.

Quantity, if applicable.

Description of Materials, Equipment, and/or Services

The specifications of the materials, equipment, and/or services must adhere to the specifications detailed in the Tender and Application Documents, which is an integral part of this Contract. Substitutions are not acceptable unless otherwise acknowledged in writing by Mercy Corps. Delivery terms must match modalities set out in this Contract, below, and in Section 3, Tender Application Documents, which forms an integral part of this Contract.

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Delivery Conditions, if applicable (including Shipping, Import and Export Documentation, and Inspection Fees, Import and Export Taxes, and Storage Fees)

StandardsMaterials, equipment, and/or services must meet the standards of quality prescribed by Mercy Corps and its Donor(s). The Supplier shall provide manufacturers’ certificates for any or all specified items, as requested by Mercy Corps.

Guarantee (included if applicable)The Supplier shall issue a twelve (12)-month minimum written Guarantee Certificate that shall be effective from the day of delivery of the materials and/or equipment to the final recipient. Supplier will remedy, at own expense, any possible defects during the guarantee period. Shall it be determined that the delivered materials and/or equipment do not meet agreed specifications and standards of quality, the Supplier shall deliver replacement materials and/or equipment and, where applicable, bear the costs of re-delivery and, if necessary, re-installation of the replacement items and/or products.

Payment

A. The payment terms are: .B. Payments will be made in the following currency: .C. Invoice

The invoice must state the detailed and total costs to pay for the accomplished delivery or materials, equipment, and/or services as follows:

This invoice is to be submitted to Mercy Corps after completion of delivery of all material, equipment, and/or services listed, and with request from Supplier for final payment. All invoices should expressly make reference to the "Purchase Contract.”

D. Payment

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Payment will be made by bank transfer. After the transfer is made, the Supplier shall issue written acknowledgement and receipt for the amount received and submit to Mercy Corps.

Delivery, if applicableThe materials and/or equipment specified in this Contract and the associated Tender and Application Documents will be delivered to:

.

Penalties and Termination of ContractIn the case that the Supplier fails to meet the agreed delivery period, the Supplier shall be liable to pay penalties of % of the value of the materials, equipment, and/or services, for every day of the delay. Should the Supplier exceed the agreed delivery period by more than 10 days, Mercy Corps shall have the right to terminate this Contract.

Mercy Corps reserves the right to alter or terminate this Contract at any time if any one of the following conditions applies:

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

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

C. If, for any reason, it is determined by Mercy Corps or a duly authorized representative of Mercy Corps that the vehicles do not match the attached specifications or the quality standards specified in the Contract and the Tender and Application Documents,

In the case of termination under clauses A or C, above, the Supplier 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 this Contract.

In case of termination under Clause C, above, Mercy Corps will not be responsible for any material or transportation costs involved.

In the case of termination under Clause B, above, payment will be made only for the delivered vehicles, equipment, and/or accessories.

Shall any dispute arise between Mercy Corps and the Supplier that cannot be resolved by mutual consent, the dispute shall be taken to the authorized Court, according to applicable laws in the State of Oregon of the United States of America.

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Mercy Corps, the United States Agency for International Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to records, documents, papers, and books which are directly pertinent to this Contract, for the purpose of making audits, examinations, excerpts, and transcriptions.

Certification Regarding Terrorism and Acts of CorruptionIt 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. Supplier agrees to abide by this policy. It is absolutely forbidden to the Supplier to make any kind of payment (monetary or material) to any employee of Mercy Corps, relative, or partner of the employee, in relation to this Contract.

This Contract is prepared in two (2) copies. Each party shall retain one copy.

In witness whereof the undersigned have, on behalf of the parties hereto, signed, agreed to the aforementioned terms and conditions of this Purchase Contract.

Date of ContractThis Contract is dated: .

Signatures

Supplier:

Signature:

Name:

Title:

Date:

Mercy Corps

Signature:

Name:

Title:

Date:

Stamp: Stamp:

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Part II, Application

4. Applicant Submission Forms and Declarations

4.1 Notes to Applicants 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 USD,4.1.g Documents delivered late will not be considered.

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4.2 Applicant Qualifications Summary

1. Name of Tender Type here to enter Name of Tender.

2. Name of Applicant Type here to enter Applicant Name.

3. AddressType 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.


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4.3 Acknowledgement of Receipt of Tender and Application Documents

Applicant: Type here to enter Applicant Name.

Name of Tender: Type here to enter Name of Tender.

I hereby acknowledge receipt of one set of tender documentation for the above project:

Name: Type here to enter Name.

Signature:

Title: Type here to enter Title.

Date: Click here to enter Date.

Time: Type here to enter Time.

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4.4 Declaration of Eligibility



I, the undersigned (Name and address of representative:Type here to enter Company Representative Name.

Representing (Name and address of company):Type here to enter Company 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.

Signed in the presence of: Declared:

(Signature) (Signature)

Type here to enter Name, address. Type here to enter Location, date.(Name, address) (Location, date)

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4.5 Application Form and Quotation



Dear Mercy Corps,

Having examined the required application documents for the above-mentioned Tender, we offer to supply material, equipment, and/or services as described, for the amount, in USD of:

$Type here to enter Amount in USD, in Numbers

Type here to enter Amount in USD, in Words US Dollars.(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 application is accepted, to deliver the material, equipment, and/or services described in the Tender and Application Documents within Type here to enter No. of Days days from the date of signing the Agreement.

We understand and accept that Mercy Corps is not bound to choose the lowest price on any application that may be received, and that any or all responses may be rejected without assigning any reason for such rejection.

Signed by:

Name: Type here to enter NamePosition: Type here to enter PositionDate: Click here to enter Date

Signature and Stamp

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