Section 1
INSTRUCTIONS TO BIDDERS
Section 1
INSTRUCTIONS TO BIDDERS
For ITB and RFQ Goods and Related Services Procedures
1. CONTRACT IDENTIFICATION
The Purchaser, the Procurement Division, Ministry of Planning and Finance issues this Invitation to Bid for the Supply of Goods & Related Services specified in Section 2.4 Supply Schedule attached. The Contract name and number and the names, identification numbers and quantity of lots are identified in the Bid Data
2. FUNDING SOURCE
The Purchaser, the Procurement Division, Ministry of Finance intends to apply State budget funds to eligible payments under the contract for which this Invitation to Bid is issued.
3. BID PRICE
a. the contract shall be for the full quantity, for individual lots or for single items as defined in the Bid Data..
b. prices for Goods supplied from within RDTL (including previous imported items) shall be quoted DDP(Delivery Duty Paid or off-the-shelf as applicable) plus local delivery charges and insurances to the places of delivery named in the Bid Data
c. prices for Goods supplied from abroad shall be quoted inclusive of all insurances, duties, sales taxes and other taxes already paid or payable on the raw materials and components, plus local delivery charges to places of delivery named in the Bid Data
d. prices for Related Services shall be quoted according to the descriptions and units stated in the Bid Data and Supply Schedule
e. the prices quoted by the bidder shall be fixed for the duration of the contract and shall not be subject to adjustment on any account
f. corrections, if any, shall be made by crossing out, initialing, dating and re writing
g. the Prices shall be quoted in US Dollars.
4. BID SECURITY
a. the Bidder shall provide as part of its Bid, a bid security in the amount and form as stated in the Bid Data. Bids not including the bid security shall be declared unresponsive.
b. bid securities of unsuccessful bidders will be discharged or returned as promptly as possible but not later than thirty days after expiration of bid validity
c. the successful Bidder’s bid security will be discharged on signing of the contract and provision of the Performance Security, clause 16 following
d. the bid security may be forfeited if
o a Bidder withdraws its bid during the period of bid validity specified in the Bid Data
o a Bidder does not accept the correction of errors and adjustments pursuant to sub clause 12e following
o the successful Bidder fails to sign the Contract in the event of being notified of Contract award
5. SUBMISSION OF BIDS
a. each bidder shall submit only one Bid
b. the Bid shall be submitted in writing at the address stated in the Bid Data c. The Bid submitted by the Bidder shall comprise the following:
I. Technical Envelopes shall include:
a)Documentation for Bid
b)Qualification Information stated in the Bid Data c) Alternative offers where invited;
d)Bid Security
e)Vendor Response Template
II. Financial Envelopes shall include:
a) The Form of Bid (in the format indicated in Section 2.5; b) Priced Schedule and Summary Breakdown;
and any other materials required to be completed and submitted by bidders, as specified in the Bid Data. d. the Bid shall be submitted in ORIGINAL plus the number of COPIES specified in the
Bid Data. The copies shall be marked COPY 1, COPY 2 etc.
e. the ORIGINAL and each COPY shall be contained in sealed and clearly labeled inner envelopes, which shall be contained in sealed outer envelope
f. the sealed inner and outer envelopes shall be clearly labeled with
o the Purchaser’s name and address
o the Bidder’s name & address
o the Invitation to Bid number
o a statement warning that the envelope must not be opened before the deadline for bid submission
g. bids shall be submitted not later than the deadline for submission of offers defined in the Bid Data
h. late offers shall be rejected and shall be returned to the Bidder unopened, provided that in the case of Requests for Quotations, the Purchaser reserves the right to retain and open late bids if the number of quotations received is less than three
6. BID OPENING
a. Bids shall be publicly opened, immediately after the submission deadline. The Bid Opening may be attended by the Bidder’s authorized representatives and interested members of the public
b. Bidder’s representatives who are present at the Bid Opening shall sign a Register evidencing their attendance
c. the Bidder’s names and Technical Proposal shall be opened and announced at the Bid opening
7. BID VALIDITY
Bids shall remain valid for a period not less than the period stated in the Bid Data after the deadline date for bid submission
8. TECHNICAL SPECIFICATIONS
Technical specifications of goods and related services offered by the Supplier shall substantially conform to the Section 2 Bidding Document/ Sub Section 2.4/ 1. List of Goods & Related services and 3. Technical Specifications, following
9. DELIVERY & COMPLETION
Delivery & completion of all goods and related services offered by the Supplier shall conform in all respects to the Section 2 Bidding Document/ Sub Section 2.4/ 2. Delivery & Completion Schedule following unless otherwise specifically agreed by the Purchaser
10. INSURANCE
The basis of the contract will be delivery and acceptance at the named place of destination and the successful Bidder will bear all risks for transportation between point of dispatch and point of delivery. Accordingly, the successful Bidder shall arrange appropriate insurance cover.
11. ELIGIBILITY
a. in terms of eligible source countries for supply of goods and materials, RDTL currently has no specific limitations
b. in the case of a Bidder offering to supply goods under the contract which the Bidder did not manufacture or produce, the Bidder shall produce documentary evidence that it has been duly authorized by the goods manufacturer or producer to supply the goods in Timor-Leste
c. a Bidder may be a natural person, private entity, government owned entity or any combination of them under existing agreements for a joint venture, notwithstanding that government owned enterprises shall be eligible only if they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the Government
d. in the case of a joint venture, all parties shall be jointly and severally liable and the joint venture shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all parties of the joint venture during the bidding process, and in the event the joint venture is awarded a contract, also during contract execution
e. a firm or person which is the subject of current sanctions or declaration of ineligibility for fraud and corruption by the Purchaser shall not be eligible to participate
f. Bidders shall not have a conflict of interest with one or more parties participating in or executing this bidding process, which among others puts them in a position to have advantageous and unfair access to information, to influence the Bid of another Bidder or to influence the decisions of the Purchaser concerning this bidding process
g. Bidders are expected to be responsible and bona fide suppliers able to demonstrate appropriate qualifications, experience, competence and financial capacity which will enable the contract requirements to be satisfactorily fulfilled
h. bids must include a copy of the bidder’s Business Registration Certificate, authenticated as a true copy of Original by the Department of Trade and Industry
i. bids must include proof of tax payments for the immediate past quarter, in the name of the firm submitting the Bid and shall be authenticated true copy by Government taxation department. j. Bidders shall provide evidence of their continued eligibility satisfactory to the Purchaser,
12. POST QUALIFICATION REQUIREMENTS
a. post qualification shall be based on data contained in the Purchaser’s Vendor Information Form and supporting documentation for concerned Supplier, provided that such information shall have been submitted or updated by the Supplier within the three months previous to Bid submission
b. for post qualification, bidders must also provide
o Section 2.5/ 3 Supplier’s Responsible Personnel ( signed by firm’s owner or Chief Executive)
o evidence of sufficient working capital for this contract including lines of available credit and availability of other financial resources
o a current bank statement
o authority for the Purchaser to seek references from the bidder’s bankers
13. BID EVALUATION
a. The Purchaser will evaluate and compare the bids determined to be substantially responsive i.e. which
o are eligible in accordance with Clause 11 above
o are properly signed ; and
o conform to the post qualification terms and conditions stated in Clause 12 above, and
o substantially comply with the supply and delivery requirements defined in Section 3, Supply Schedule
b. bids will be evaluated for all the items together, as individual lots or be evaluated separately for each item, as stated in the Bid Data, taking into account discounts offered
c. Bids will be evaluated based on importance criteria that has been set in Section III Bid Evaluation Criteria of this bidding document.
14. AWARD OF CONTRACT
a. the Purchaser will award the contract to the bidder whose bid has been determined to be substantially responsive and who has offered best value for money.
b. notwithstanding the above, the Purchaser reserves the right to accept or reject any quotations and to cancel the bidding process and reject all quotations at any time prior to the award of contract.
c. the Bidder whose bid is accepted will be notified of the award of contract by the Purchaser prior to expiration of the bid validity period. The terms of the accepted offer shall be incorporated in the supply contract
d. the notification of award will constitute formation of the Contract
e. when the successful Bidder has provided the performance security according to clause 16 following, the Purchaser will promptly notify the name of the winning Bidder to each unsuccessful Bidder and will discharge its Bid Security
f. after notification of award, if a Bidder wishes to ascertain the grounds on which its Bid was not selected, it should address its request in writing to the Purchaser. The Purchaser shall promptly respond in writing to the unsuccessful Bidder
16. PERFORMANCE SECURITY
a. Within 14 days of receiving notification of award from the Purchaser, the successful bidder shall provide the Purchaser with the Performance Security in the amount and form specified in the Bid Data
b. failure of the successful bidder to comply with the requirements of sub clauses 15b and 16a above shall constitute sufficient grounds for annulment of the award and forfeiture of the bid security, in which event the Purchaser may make award to the next lowest bidder or call for new bids
17. PAYMENT
Payment shall be made within 30 days delivery of the goods or related services, subject to satisfactory completion of all tests, inspections and evaluations specified in the Supply Schedule
18. WARRANTY
A commercial warranty shall be applicable to the supplied goods and/ or related services, for the period specified in the Bid Data
19. CORRUPT OR FRAUDULENT PRACTICES
19.1 The Purchaser requires that bidders observe the highest standards of ethics during the procurement and execution of RDTL government contracts, to the extent that corrupt, fraudulent, collusive and coercive practices and conflict of interest occurring in bidding and contract execution may result in disqualification, termination of the contract and penal sanctions. For the purpose of this clause:
o “corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution.
o “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Purchaser, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Purchaser of the benefits of free and open competition.
o “collusive practices” means a scheme or arrangement between two or more bidders, or between bidders and public officials or other persons directly or indirectly involved with the procurement and contracting processes, with or without the knowledge of the Purchaser, designed to influence the action of any party in a procurement process or the execution of a contract;
o “coercive practices” means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract
o “conflict of interest” is considered to be a situation in which a party has interests that could improperly influence that party’s performance of official duties or responsibilities, contractual obligations, or compliance with applicable laws and regulations, and that such conflict of interest may contribute to or constitute a prohibited practice
19.2 will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;
in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a GoTL-financed contract; and
19.4 will have the right to require that a provision be included in the contract, requiring bidders, suppliers, contractors and consultants to permit the Employer to inspect their accounts and records and other documents relating to the Bid submission and contract performance and to have them audited by auditors appointed by the Employer.
Please acknowledge receipt of this Invitation to Bid and confirm your intention to respond We look forward to receiving your quotations and thank you for your interest in this project.
ABOVE INSTRUCTION TO BIDDERS GENERALLY APPLY BOTH TO INVITATION TO BID AND REQUEST FOR QUOTATION PROCESSES. THIS INSTRUCTION ARE APPROVED FOR USE WITHOUT AMENDMENT EXCEPT AS PROVIDED IN THE APPLICABLE BID DATA OR QUOTATION & BID DATA ,OR AS OTHERWISE NOTED IN THIS TABLE OF AMENDMENTS BELOW
……….. Director of Procurement Services
Date:……… Ministerio das Financas…….. ……..
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TABLE OF AMENDMENTS
