Tender Document Receipt s3

Tender and Application Documents – Vehicles, Machinery, and/or Equipment

Location: Mercy Corps Niger, Niamy Office Tender No.: NIM/0003/FY2014 Name of Tender: Procurement of One 4WD SUV Vehicle and Accessories Date: 4/22/2014 Acct. Code: 7515 Sub Code: 32474L000 Cost Center: 32474

Contents - Documents in Tender and Application Package

Part I, Tender 1. Summary of Tender (for Announcement and Posting)

2. Terms, General Information, and Instructions to Applicants

3. Project-Specific Documents and Details 3.1 Specifications, Specific Conditions, and Delivery Schedule 3.2 General Terms of Payment, Cost of Materials, and Accessories 3.3 Specific Payment Terms and Penalties 3.4 Warranties 3.5 Termination 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 4.3 Declaration of Eligibility 4.4 Application Form and Quotation

of 16 Part I, Tender

1. Summary of Tender

1.1 Name of Tender Procurement of a 4WD SUV Vehicle and Accessories

1.2 Location/Field Office Mercy Corps Niger, Niamy Office

1.3 Subject/Description Mercy Corps is soliciting bids for: Supply of one 4WD SUV vehicle and accessories, in accordance with the procurement standards in force in Niger, and which meets the quality criteria, origin, delivery, and other specifications described in this tendering announcement. Vehicle in question will be supplied duty-free.

1.4 Submission of Applications The email address for submission of applications is: [email protected]

1.5 Summary Text of Announcement (for posting on Mercy Corps Website) Procurement of One 4WD SUV Vehicle to Mercy Corps Niger, Niamy Office

1.6 Funding Source USAID/FFP (U.S. Agency for International Development/Office of Food For Peace)

1.7 Language The language for this Tender, application instructions, and associated responses, is: English or French

1.8 Questions Specific questions about this tender may be submitted to Mercy Corps at: [email protected]

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

1.9 Submission Deadlines Applications should be submitted on or before: 5/15/2014 at (time): 10:00 AM (GMT +1) Tender and Application Documents – Vehicles, Machinery, and/or Equipment

Applications received after this time will not be considered.

1.10 Application Review Applications will be opened and inspected by Mercy Corps. at: Mercy Corps Niger, Niamy Office on: May 15, 2014 at 10:30 AM (GMT +1)

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.

of 16 2. Terms, General Information, and Instructions to Applicants

2.1 Scope Mercy Corps invites tenders for the vehicles, machinery, and/or equipment 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 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 Additional Criteria  All applications shall be made in accordance with these instructions, and all documents requested should be furnished, including technical specification, 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 calculated 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. Tender and Application Documents – Vehicles, Machinery, and/or Equipment

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: XOF or USD

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

2.7 Eligibility of Applicants Applicants may not apply 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 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,  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, and will be signed where indicated,  Applications delivered after the specified time will not be accepted.

2.9 Application Opening Applications 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.

of 16 2.10 Application Evaluation Mercy 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.

2.10.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.

2.10.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.

2.10.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.

2.11 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 Applicant has 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.

2.13 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. Tender and Application Documents – Vehicles, Machinery, and/or Equipment

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.

of 16 3. Project-Specific Documents and Details

3.1 Specifications, Specific Conditions, and Delivery Schedule 3.1.a Quantities One unit

3.1.b Minimum Specifications

3.1.b. 1 Vehicle Body style: SUV Number of seats/capacity: 8 seats Number of doors: 4 doors Steering: L ☒ R ☐ Engine type, Fuel, Number of cylinders: Engine type: 4,000cc or larger, 8 cylinder 32- valve DOHC Turbo Intercooloer, Fuel: Diesel. Transmission type: Manual transmission Four-wheel drive: Yes ☒ No ☐ ABS brakes: Yes ☒ No ☐ Air conditioning: Yes ☒ No ☐ No. airbags: Two airbags Color(s): White Country of manufacture/assembly: Not Applicable Accessories: Hilift Jack and Jacking Point, Air Conditioner, AM/FM Radio CD Player, Mounted Spare Tyre, Toolkit, Seatbelts, First Aid Kit, Fire Extinguisher. (All fully installed in the vehicle) Other: Fuel tank capacity (L): 90 + 45

3.1.b. 2 Equipment and/or Machinery See section 3.1.b.1 above

3.1.c Delivery Date 7/15/2014

3.1.d Delivery Conditions (including Shipping, Import and Export Documentation, Inspection Fees, Import and Export Taxes, and Storage Fees) The vehicle shall be delivered brand new along with the accessories being installed by the delivery date referenced in section 3.1.c above.

The applicant shall bear all costs and fees related to the delivery of the vehicle and its accessories to Mercy Corps Niger, Niamey Office, excempt local taxes, customs Tender and Application Documents – Vehicles, Machinery, and/or Equipment clearance and duties, as Mercy Corps has tax-exempt status and will be responsible for local customs clearance.

3.1.e Delivery Location Mercy Corps Niger, Niamy Office: Gate No. 173 Street IB-28, Issa Beri District

3.1.f Other Provisions Mercy Corps will provide a Customs Exemption Letter to the Applicant for the vehicle and its accessories.

The Applicant agrees to submit a final and total fixed price for all vehicles, 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 purchase Contract, regardless of the evolution of market prices in the weeks and months following the signing of the purchase 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 corresponding to this Tender.

The Applicant agrees to store the total amount of vehicles 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 Applicant will be fully responsible to replace, at its own expense, and in the most timely manner, the requisite substitute vehicles, equipment, and/or services in question, and in equivalent quantities, technical characteristics, and qualities.

Mercy Corps has no obligation, under any circumstances, to accept vehicles, 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 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

of 16 Full payment will be made upon verification that the delivered vehicle and its accessories are in compliance with the quality standards and technical specification of the Contract.

Should the Applicant choose to request an advance payment, the Applicant will provide, as a deposit, a bank draft in the amount of the advance, which will be returned upon verficiation of the delivered vehicle and its accessories.

Payments will be made in XOF or USD as per the Performa invoice. In case the applicant is located in Niger, payment will be made exclusively in XOF

The applicant agrees to submit a detailed invoice to Mercy Corps’ Logistics Department at the Niamey Office. The invoice must state the detailed and total cost to pay for the delivery as follows: -Detailed cost of the vehicle and accessories actually delivered. -Transportation cost (including handling and landing, at place of origin and destination)

This invoice is to be submitted to Mercy Corps’ Logistics Department at the Niamey Office to process payment. All invoices should expressly make references to the “Purchase Agreement”. (Example: “in reference to the Purchase Agreement NIM/003/FY204”)

Payment will be made by bank transfer. After the transfer is made, the applicant shall provide a receipt for the amount received to Mercy Corps’ Logistics or Finance Department at the Niamey Office.

In the case that the Applicant fails to meet the agreed delivery period, the Applicant shall be liable to pay penalties of 0.5% of the value of the vehicle and accessories for every day of the delay.

3.4 Warranties and Guarantees A minimum of 12 months written guarantee certificate should be provided, effective from the day of the delivery of the vehicle and accessories to the location referenced in section 3.1.e above.

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 Supplier defaults in its obligation to fulfill the conditions set forth in this Contract, Tender and Application Documents – Vehicles, Machinery, and/or Equipment

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 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.

Should the applicant exceed the agreed delivery date referenced in 3.1.c above by more than 10 days, Mercy Corps shall have the right to terminate this Agreement.

of 16 Part II, Application

2. 4. Applicant Submission Forms and Declarations

3. 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.

4. Tender and Application Documents – Vehicles, Machinery, and/or Equipment

5. 4.2 Applicant Qualifications Summary

Type here to enter Name of Tender. 1. Name of Tender Type here to enter Applicant Name. 2. Name of Applicant Type here to enter Address 3. Address

Type here to enter City – Town, Country 4. City – Town, Country Type here to enter Telephone No. and Email Address 5. Telephone No. and Email Type here to enter Fax No. 6. Fax No. Type here to enter Legal Status. 7. Legal Status Ownership (state, public, Type here to enter Ownership Information. 8. private) Number, Year and Place of Type here to enter Registration Information. 9. Registration (enclose copy) 10. Executive Management / Type here to enter Management and Board Members. 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 Routing Nos.

Agreed to be paid by wire transfer: (Yes ☐ or No ☐)

Type here to enter No. of Employees. 13. Total Number 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.

of 16 6. 4.3 Declaration 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 Tender and Application Documents – Vehicles, Machinery, and/or Equipment

Date: Click here to enter Date 4.4 Application 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 as described for the amount, in USD of:

$Type here to enter Amount in USD .

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 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.

Submitted by:

Name: Type here to enter Name Position: Type here to enter Position Date: Click here to enter Date

of 16 4.6 Additional Information from Applicant Related to this Proposal (Optional) Enter below