BIDDING DOCUMENTS
(PROCUREMENT OF GOODS)
Humanitarian aid to the most affected population in the government- and non-government-controlled areas of Ukraine
SUPPLY AND DELIVERY OF
Hygiene products for the needs of the affected population of Ukraine
Prepared by
International Organization for Migration (IOM), Mission in Ukraine
8 Mykhailivska St., Kyiv, 01001, Ukraine
04 April 2016
2
Table of Contents
Invitation for bids …………………………………………………….…………………3
Section I. Instructions to Bidders……………………………………………………….5
Section II. Specification of request 22
Section III. Contract for Supply and Delivery of Goods 24
Section IV. Sample Forms 39
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INVITATION FOR BIDS
№: UA1-2016-183
Date: 04.04.2016
The International Organization for Migration (IOM) is an intergovernmental organization established in 1951 and is committed to the principle that humane and orderly migration benefits both migrants and society.
In the framework of the project “Humanitarian aid to the most affected population in the government- and non-government-controlled areas of Ukraine”, funded by the Bureau of Population, Refugees, and Migration of the U.S. Department of State, the IOM Bids Evaluation and Awards Committee (“BEAC”) now invites interested Bidders to submit “Bid” for the supply and delivery of hygiene products.
№ / Description of the Goods/Services / Q-ty / UM1 / Kids diapers for up to 14 kg, absorbing layers, cotton, change indicators, single use, velcro, 38 per pack * / 11528 / packs
2 / Kids diapers for up to 9 kg, absorbing layers, cotton, change indicators, single use, velcro, 80 per pack * / 5764 / packs
3 / Kids diapers for up to 5 kg, absorbing layers, cotton, change indicators, single use, velcro, 27-30 per pack * / 4928 / packs
Note: in order to deliver the required quantity of each separate type of diapers for each lot of request it is allowed to use several packs of equal or different volume. However the total quantity of units of each type shall be equal or as close as possible to the quantity of request.
The offered price of the Goods shall be quoted in USD VAT excluded.
In case the bid contained VAT it shall be rejected.
While preparing the bids, the potential bidders shall take into account the applicable terms and regulations of the current tax legislation of Ukraine.
For unit rates calculation or total amount calculation in USD one shall use UN operational rate of exchange as of the calculation date (the actual value of the exchange rate is indicated here: https://treasury.un.org/operationalrates/OperationalRates.php).
Payment shall be made in the Invoice currency, according to UN operational exchange rate as of the date of payment.
Bids shall be valid for a period of 30 calendar days after submission of Bids and must be accompanied and shall be delivered to the BEAC at IOM, 8, Mykahilivska str., Kyiv, 01001.
The final date of the Goods delivery is 15 May 2016.
Deadline for submission of bids – 14 April 2016 by 16:00. Late bids shall be rejected.
It is mandatory to indicate on the envelope the project name and the tender number:
Tender: UA1-2016-183
Name: Supply and delivery of hygiene products.
The Bidder submits following information and documents together with the original of bid:
a) Company Profile (including the names of owners, key officers, technical personnel);
b) Bid Security equivalent (in the form of bank guarantee from a reputable commercial banking institution) or Bid Securing Declaration;
c) Certificate of Registration from government agency in Ukraine or abroad;
d) Valid Government Permits/Licenses, confirmations of Tax Identification Number and certificate of fixed tax payer, issued by respective government agencies in Ukraine or abroad;
e) List of Offices/Distribution Centers/Service Centers in Ukraine;
f) List of main contracts entered by the Company into for the last 5 years and customers’ references;
g) In case the Bidder is going to assign any subcontractors for installation or after-sales services, the Bidder should provide full scope of documents confirming capacities of the subcontractor, including a) Company Profile, b) Certificate of Registration from government agency in Ukraine or abroad; с) Valid Government Permits/Licenses, including confirmations of Tax Identification Number and local taxes, including value-added tax, issued by respective government agency in Ukraine or abroad; d) List of Offices/Distribution Centers/Service Centers;e) List of main contracts entered by the Company into for the last 5 years and customers’ references.
Interested companies should provide Goods’ samples, packing and labeling materials samples.
Please be informed that the winning Bidder’s commitment to accept the standard form IOM’s Supply Agreement in full is considered to be one of the essential tender requirements.
Additional information may be received via e-mail: .
The subject line of the e-mail request for additional information should state the following: Request under the tender UA1-2016-183 to Maksym Koshel.
Written copies of IOM’s response (including an explanation of the query but without identifying the source of inquiry) will be published at the country website of the IOM Mission in Ukraine for all prospective bidders (http://www.iom.org.ua/en/tenders/current-tenders).
IOM reserves the right to accept or reject any proposal and to annul the selection process and reject all proposals at any time prior to agreement award, without thereby incurring any liability to affected Bidders.
Very truly yours,
BEAC Chairperson
IOM is encouraging companies to use recycled materials or materials coming from sustainable resources or produced using a technology thathas lower ecological footprints.
Section I. Instructions to Bidders
2
Table of Clauses
A. General 7
1. Scope of Bid 7
2. Eligible Bidders 7
3. Corrupt, Fraud 7
4. Eligible Goods and Services 8
B. The Bidding Documents 9
5. Content of Bidding Documents 9
6. Clarification of Bidding Documents 9
7. Amendment of Bidding Documents 9
C. Preparation of Bids 10
8. Cost of Bidding 10
9. Language of Bid 10
10. Documents Comprising the Bid 10
11. Bid Form 11
12. Bid Prices 11
13. Bid Currencies 12
14. Documents Establishing Bidder’s Eligibility and Qualification 12
15. Documents Establishing Goods’ Eligibility and Conformity to Bidding Documents 13
16. Period of Validity of Bids 14
17. Bid Security 14
18 Format and Signing of Bid 15
D. Submission of Bids 15
19. Sealing and Marking of Bids 15
20. Deadline for Submission of Bids 15
21. Late Bids 16
22. Modification and Withdrawal of Bids 16
E. Opening and Evaluation of Bids 16
23. Opening of Bids 16
24. Clarification of Bids and Contacting IOM 17
25. Preliminary 17
26. Conversion to Single Currency (if applicable) 18
27. Evaluation and Comparison of Bids 18
28. Clarification of Bids and Contacting IOM 19
29. Post-qualification 19
30. Purchaser’s Right to Accept any Bid and to Reject any or All Bids 20
F. Award of Contract 20
31. Award Criteria 20
32. Purchaser’s Right to Vary Quantities at Time of Award 20
33. Notification of Award 20
34. Performance Security 20
35. Signing of Contract 21
Instructions to Bidders
A. General
1. Scope of Bid / 1.1 IOM invites bids for the supply and delivery of hygiene products hereto referred as Goods.1.2 The successful Bidder is expected to complete the delivery by 15.05.2016.
2. Eligible Bidders / 2.1 This Invitation for Bids is open to all Bidders from eligible source countries. Detailed list of the eligible countries is specified in the Practical Guide to contracting procedures for European Union external actions (PRAG), Annex A2a. Please note, that according to Ukrainian legislation central executive authorities are forbidden to purchase and use equipment of Russian manufacturer and/or supplier due to annexation of Crimea by Russian Federation and ongoing anti-terrorist operation in Eastern Ukraine.
2.2 Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by IOM to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods to be purchased under this Invitation for Bids.
2.3 Government-owned enterprises in IOM’s Mission country may participate only if they are legally and financially autonomous, if they operate under commercial law, and if they are not a beneficiary of IOM.
2.4 Bidders shall not be under a declaration of ineligibility for corrupt, fraudulent and coercive practices issued by IOM in accordance with Instruction to Bidders (ITB) Clause 3.
2.5 Bidders shall not be involved in terrorist act/criminal activities or associated with individuals and/or entities associated with terrorist act/criminal activities. For this purpose, Bidders shall not be included in the proscribed list of individuals and/or entities as contained in the 1267 Committee of the UN Security Council Counter Terrorism Committee (CTC).
3. Corrupt,
Fraudulent,
Collusive and
Coercive
Practices / 3.1 IOM requires that all IOM Staff, Bidders, Manufacturers, suppliers or distributors, observe the highest standard of ethics during procurement and execution of all contracts. IOM shall reject any Bids put forward by Bidders or where applicable terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. In pursuance of this policy, IOM :
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving or soliciting directly or indirectly anything of value to influence the action of the Procuring/Contracting Entity in the procurement process or in contract execution;
(ii) “fraudulent practice” is any acts or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Procuring/Contracting Entity in the procurement process or the execution of a contract, to obtain a financial gain or other benefit to avoid an obligation;
(iii) “collusive practice” is an undisclosed arrangement between two or more Bidders designed to artificially alter the results of the tender procedure to obtain a financial gain or benefit;
(iv) “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities in a procurement process, or after the execution of a contract.
(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded an IOM financed contract if it at any time determines that the firm has engaged in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, an IOM financed contract.
4. Eligible Goods and Services / 4.1 All goods and related services to be supplied under the contract shall have their origin in eligible source countries, and all expenditures made under the contract will be limited to such goods and services. Detailed list of the eligible countries is given in the Practical Guide to contracting procedures for European Union external actions (PRAG), Annex A2a. Please note, that according to Ukrainian legislation central executive authorities are forbidden to purchase and use equipment of Russian manufacturer and/or supplier due to annexation of Crimea by Russian Federation and ongoing anti-terrorist operation in Eastern Ukraine.
4.2 For purposes of this clause, “origin” means the place where the goods are mined, grown, or produced, or the place from which the related services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognized product results that is substantially different in basic characteristics or in purpose or utility from its components.
4.3 The origin of goods and services is distinct from the nationality of the Bidder.
B. The Bidding Documents
5. Content of Bidding Documents / 5.1 The goods required, bidding procedures, and contract terms are prescribed in the bidding documents. In addition to the Invitation for Bids, the bidding documents include:a) Instructions to Bidders (ITB)
b) Contract for Supply and Delivery of Goods
c) Sample Forms
5.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding documents. Failure to furnish all information required in the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in the rejection of its bid.
6. Clarification of Bidding Documents / 6.1 A prospective Bidder requiring any clarification of the bidding documents may notify IOM in writing at IOM’s BEAC email address – with indication of the tender reference number UA1-2015-827 in the subject line. IOM will respond in writing to any request for clarification of the bidding documents, which it receives no later than 2 (two) working days prior to the deadline for the submission of bids. Written copies of IOM’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders that have received the bidding documents.
7. Amendment of Bidding Documents / 7.1 At any time prior to the deadline for submission of bids, IOM, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bidding documents by amendment.
7.2 All prospective bidders that have received the bidding documents will be notified of the amendment in writing and will be binding on them.
7.3 In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, IOM, at its discretion, may extend the deadline for the submission of bids.
C. Preparation of Bids
8. Cost of Bidding / 8.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and IOM will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.9. Language of Bid / 9.1 The bid prepared by the Bidder, as well as all correspondence and documents relating to the bid exchanged by the Bidder and IOM, shall be written in English and/or Ukrainian language. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the required language, in which case, for purposes of interpretation of the Bid, the translation shall govern.