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

3.1aMaterials 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

3.4Warranties

3.5Termination 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

4.3Declaration of Eligibility

4.4Application 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

1.4Submission of Application

The email address for submission of applications is:

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

Mercy CorpsDRC 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 (

1.9 Application Deadlines

Applications must be submitted on or before:4/15/2014

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

Applications received after this time will not be considered.

1.10 ApplicationReview

Applicationswill be opened and inspected by Mercy Corps.

at: Mercy Corps DRC office

on: April16th 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 servicesdescribed 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.

2.2MinimumQualifying 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 AdditionalCriteria

  • All applicationsshall be made in accordance with theseinstructions, 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, theseshall be stipulated in a separate letter accompanying their application,
  • Each applicant may make one application only,
  • Each applicationshall be valid for the period of sixty (60)days for its date of submission,
  • Applicationsshall 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.

2.5Currency

Payments will be made in: USD

2.6 Tenderand ApplicationDocuments

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

2.7 Eligibilityof 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 ofillegal/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.

2.8ApplicationDelivery

  • 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,
  • Alldocuments 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 ApplicationOpening

Applicationswill 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 ApplicationEvaluation

Mercy Corps will examineall 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.aTechnical Evaluation: The applicationswill first be evaluated on technical merits. The technical evaluation assesses the capacity of the application,based onits submitted technical documents, specifications, performance history, and references submitted. For this purpose, certificates and additional references may be requested and subsequently examined.

2.10.bFinancial/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.cOther 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 Applicanthas 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.

2.13Certification 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.aMaterials and Equipment

Specifications, Specific Conditions, and Delivery Schedule

3.1.a.1Quantities

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.2Minimum Specifications

HDPE DN 160, PN16

3.1.a.3Delivery Date

5/15/2014

3.1.a.4Delivery 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, ArreteInterministeriel and Lettred’Enlevementd’Urgence Permanente, so as to facilitate transit to DR Congo.

3.1.a.5Delivery Location

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

3.1.a.6Other 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

3.2General 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/orservices required, and topurchase/produce/provide the total quantity of materials, equipment, and/or servicesrequired, after the signing of the purchase Contract, regardless of the evolution of market prices in the weeks and months following thesigning of the purchase Contract.

After signing of the Contract, Mercy Corps will not be responsible in any way for any increased costs to purchase/produceand/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 MercyCorps as demanded, and in agreement with the delivery schedule detailed herein.

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

Mercy Corps has no obligation, under any circumstances, to acceptmaterials, equipment, and/orservices that do notmeet the minimum quality standards as required by Mercy Corps and the Donor.

Mercy Corps reserves the right to engagean independent agency forexternal 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.

3.4Warranties 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 Contractfor 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,

In the case of termination under clauses 3.5.1 or 3.5.3, above, the Supplier shall be liable for all costs associated with the default, and to repay anyadvance paid, and to cover any costs incurred by Mercy Corps as a result of the termination of theContract.

In case of termination under Clause 3.5.3, above, Mercy Corps will not be responsible for any material or transportation costsinvolved.

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:

None

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Tender and Application Documents – Goods and Services

Part II, Application

4.Applicant Submission Forms and Declarations

4.1 Notes to Applicants Concerning Submission Forms and Formats

4.1.aPlease answer all questions,

4.1.b All forms should be completed,

4.1.cSupplementary pages may be photocopied and inserted if required,

4.1.dPlease retain a copy of your complete submission,

4.1.eIf 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.gDocuments delivered late will not be considered.

4.2Applicant Qualifications Summary

1. / Name of Tender / Type here to enter Name of Tender. /
2. / Name of Applicant / Type here to enter Applicant 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.

4.3Declaration of Eligibility

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

Applicant:Type here to enter Applicant Name.

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.

Declared by:

Name:Type here to enter Name

Position:Type here to enter Position

Date:Click here to enter Date
4.4Application Form and Quotation

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

Applicant:Type here to enter Applicant Name.

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