Tender for the Inland Transportation of USAID Funded Through Food for Peace Title II Program

Tender for the Inland Transportation of USAID funded through Food for Peace Title II Program. Location: The Democratic Republic of Congo. Tender №: FH DRC-5647A-FY20 Program: Food for the Hungry | Tuendelee Pamoja II. Date: 29thAugust,2019

Section A: GENERAL CONDITIONS OF TENDER

Food for the Hungry (FH) in the Democratic Republic of Congo (DRC) is soliciting for an Inland Freight Transporter to transport a minimum of 1,000 (one thousand) and a maximum of 4,460 (Four thousand four hundred and sixty) metric tons of food commodities. The commodities have been donated by the United States Government through USAID Food for Peace; and will be transported from the port of Dar Es Salaam, Tanzania to FH warehouses situated in Bukavu, Kalemie and Moba in the Democratic Republic of Congo through Kigoma port on Lake Tanganyika. However, shipments destined to Bukavu warehouse will be transported via Rwanda through Cyangungu/Rusizi customs border post.

The commodities will comprise of bagged Cornmeal (packed in 25kg bags), Split Peas (packed in 50kg bags) and bottled (plastic) vegetable oil packaged in cartons. The successful Inland Transporter shall be responsible for commodities customs clearance out of Dar Es Salaam port, all border points in Rwanda, Tanzania and DR Congo.

All sealed bids, clearly marked “Tender for the Inland Transportation of Commodities from the port of Dar Es Salaam to Bukavu, Kalemie and Moba in DR Congo referenced Tender No. FH DRC/5647/FY20” shall be addressed to the TENDER COMMITTEE, Food for the Hungry, DRC No. 069 Avenue Tanganyika, Quartier de Nyalukemba B.P. 2055, Bukavu, RD Congo. Scanned bid offers including all supporting documents will also be accepted and shall be submitted to [email protected] with subject clearly marked “Tender for the Inland Transportation of Commodities from the port of Dar Es Salaam – Bukavu, Kalemie and Moba in DR Congo” not later than 26 August 2019 before 05:00 pm East African standard time.

Any tender documents received after the deadline shall be rejected.

1. Any questions concerning this tender shall be submitted in writing at [email protected]. FH reserves the right not to respond to questions that undermine the competitive bidding process.

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1. Terms of reference: Sections A to D

Section A - Cargo and Shipping Particulars

A1/ Complete Bill of Lading Details, and updated arrival at disport will be provided to upon award of project.

A2/ hereby acknowledges and understands that the actual quantities for which they will perform the scope of work may be more or less than those set forth below.

Cargoes, approximate quantities and final destination:

Approximately maximum 4,460 (Four thousand four hundred and sixty) Metric Tons of various bagged/packaged commodities for delivery to warehouses located in Bukavu - South Kivu province, Kalemie and Moba all situated in Tanganyika province, the Democratic Republic of Congo between the month of January 2020 and September 2020 as per the breakdown below;

Estimated commodity tonnage (MT) per FH warehouse destination in DR Congo. Warehouse Cornmeal Whole green peas Vegetable Oil Total Tonnage

Bukavu 940 300 80 1,320

Kalemie 1,180 380 80 1,640

Moba 1,080 340 80 1,500

TOTAL 3,200 1,020 240 4,460

Cornmeal will be packaged in 25kg bags, Split green peas in 50kg bags and vegetable oil in 4-liter tins (packed six tins in each box).

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Section B - Scope of Work

B1/ Cargo will be discharged from vessel basis full berth terms (no demurrage charges) in a break-bulk form, and/or in containers. Cargoes will be discharged at Dar Es Salaam port, Tanzania.

If cargoes arrives in break-bulk form, the cargo is to be placed onto the truck and forwarded to the Receiver. If containerized for Ocean Carriers’ convenience, containers are to be discharged and moved to the Ocean Carrier’s clearing forwarding section (CFS) where the Ocean Carrier is responsible to de-van the cargo and to make it available to the Receiver at a place of rest in the CFS.

must be capable of / prepared to:

a. Accept cargoes in a break-bulk form, and/or in containers; b. Must be able to consolidate cargoes prior to commencement of inland delivery; c. Must be capable to submit pre-clearance documentation on the next day of signing of the contract; d. Must have a fleet of trucks or has ability to mobilize sufficient trucks to move commodity without any delay.

B2/ will arrange to accept cargoes as per Bill of Lading above within the discharge port.

B3/ All costs associated with the acceptance of cargo from Ocean Carrier within nominated disport (in keeping with B1 above), loading cargo same to inland vehicles, transport of cargo to final point in Bukavu, Kalemie and Moba to Receivers warehouse(s) / facility (ies) in Bukavu, Kalemie and Moba, DRC are for the account of and are included in the inland transport rate(s) as set forth in Section D hereof. has to itemize cost and offer costing per Metric Ton. These costs include, but are not limited to:

a. discharge port charges i.e. shore handling, wharfage; b. shipping line charges i.e. terminal handling charge, delivery order fee, lift off/on charges, container cleaning charges; c. customs formalities, i.e. on arrival discharge port; on transit borders; and, at final destination(s) as may be required for transport purposes; d. temporary storage at disport (including after 15 days in port); e. truck transport FOT from Dar Es Salaam disport to warehouse in Bukavu, Kalemie and Moba DRC (warehouse address to be provided later). f. Loading trucks at the port of Dar Es Salaam; g. transit bond in Tanzania and Rwanda Agency if applicable; h. transit handling charges in Tanzania and Rwanda; i. return of empty containers to discharge port (if any); j. border clearance into DRC including frais de surveillance and administrative fees. k. transport insurance; l. phytosanitary border inspection at disport in keeping with transiting country’s regulations; m. fumigation of bagged cargoes prior to commencement of transport to DRC in keeping with DRC regulations; n. fees that may be applicable. E.g. Sumatra/TCFB, OGEFREM/TCFB; o. Truck parking charges in customs bonded yard at Bukavu, Kalemie and Moba; and

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p. any other applicable transshipment and storage costs including but not limited at Kigoma port in Tanzania.

B4/ The will take full responsibility regarding storage of cargo in the event that he is not able to provide sufficient trucks to move the commodity out of the port within the 15-day free storage window. If for this, or any other reason, there are port storage charges after the 15-day free period the will bear the expense.

B5/ All customs clearances, and preparations for same, are solely for the account of who hereby warrants that it has all necessary documents and permits to transport goods from the disport to point(s) within DRC including getting all the import exoneration documentation stamped and signed for each bill of lading by Congolese local customs authorities.

hereby confirms that it is solely responsible for all costs associated with clearing cargoes with all local authorities to ensure that cargo transits without undue delay.

B6/ will provide hard body covered trucks suited for the carriage of food commodity either in bags or cartons and to provide protective means for securing the safety and integrity of the cargo while in transit. Should any infestation loss or damage be found in cargo upon arrival/unloading of trucks at any of the receiving FH warehouses, resolving same is for the account of the .

undertakes to perform an independent inspection of the cargoes aboard vessel and again upon placing commodity on trucks. Any infestation loss or damage found will immediately be brought to the attention of the vessel’s agent for remedy. Should any infestation loss or damage be found in cargo upon final delivery at any destination in DRC, is to assume full responsibility and cost for resolving the same. If any breakdown in trucks occurs, the contractor must be ready to provide a replacement truck to transship the commodity and send it to the destination immediately.

B7/ FH will provide with written notice of vessel status upon award of contract. Same will be confirmed 4 days in advance of vessel's projected arrival at declared disport. shall have all in readiness to begin operations immediately upon arrival of vessel(s) at the disport. If there is any delay in moving the commodity, demurrage charges are the responsibility of the .

B8/ will prepare waybills, for each truck loaded, which are to include:

a. Name of driver; b. Commodity name and Bill of lading number c. Piece count and weights (net and gross tons); and, d. Date of loading and departure from disport.

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to provide details of trucks to FH a minimum of 2 business days in advance of departing disport and/or transiting point. FH confirmation is required before trucks depart disport and / or transiting point. to assume expense (if any) for holding trucks not approved to depart disport and/or transiting point.

to provide daily movement confirmation to FH that includes the truck number/quantity and commodity loaded on each truck.

Copies of waybills shall be delivered to FH’s Representative at the final destination(s).

to provide daily e-mail reports to FH regarding trucks departing disport, in transit and delivered to Bukavu, Kalemie and Moba, DRC. A copy of each waybill, duly signed/sealed by FH’s Representative, indicating clearly amount and condition of cargo received by FH at final destination is to be submitted as part of request for final payment. Any shortages, infestation, damages noted by FH’s Representative on waybill will be for the account of and claims against will be deducted from freight payment, which is the f.o.b. or f.a.s. commercial export price of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the U.S. Government in making delivery to the cooperating sponsor.

B9/ hereby acknowledges full responsibility for any/all damage or injury to persons or property resulting from the use, maintenance, or operation of any vehicle or other equipment by it or any of its employees, agents, or representatives in performing under this contract. indemnifies FH, jointly and severally, or any of their employees, agents, or representatives against claims for damage or injury in such cases.

B10/ hereby acknowledges full responsibility for all losses and damages to cargoes from time of receipt at discharge port from Ocean Carrier. to deliver cargoes Free on Truck (FOT) at Receivers’ warehouses in Bukavu, Kalemie and Moba. Receiver will enforce zero tolerance for losses, infestation, damages. If contractor wishes to cover the risk with their insurance they should do so, but any such insurance premium must be included in the charges for the transport from discharge port to destination and not be a separate line item. Invoicing showing insurance will not be considered for payment as a separate line item.

B11/ will commence movement of cargo to the final destination point(s) named in Section D immediately after cargoes are made available from Ocean Carrier as per BL(a)above within disport unless otherwise agreed to, in writing, by FH.

to provide / employ on-site supervision at all points of cargo handling to ensure cargo security and integrity. to provide / employ en route security for trucks. Full details of this security to be outlined in offer and will be incorporated into final contract by reference.

B12/ must state years of experience in the industry, and indicate previous and current clients.

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Section C - Cargo Damages and Shortages

C1/ The value of cargo moved under this contract is the f.o.b. or f.a.s. commercial export price of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the U.S. Government in making delivery to the cooperating sponsor. Amount of cargo discharged from vessel, and thereafter the responsibility of (i.e. number of bags and cartons), will be determined by an independent surveyor (contracted by FH) at the disport. The surveyor appointed by FH shall conduct delivery survey during unloading from trucks at the final destination. Using said figures, a proportionate amount will be deducted from to provide copy of its insurance coverage and/or certified performance bond (both to cover full value of the cargo) as part of its offer and will be incorporated into final contract by reference.

Section D - Rates/Charges

D1/ will be compensated in United States Dollars (USD$).

D2/ FH’s ocean freight tender/booking note includes provision-requiring delivery to disport forty five (45) days from bill of lading date. Similarly, FH requires commencement of delivery of the cargoes to Bukavu, Kalemie and Moba in DRC no later than forty five (45) days from arrival of cargoes at disport. A delivery delay assessment (DDA) of USD 1.00 per gross metric ton will be levied for each day, or pro-rata, beyond the 45- day period. DDA’s, if any, will be deducted from final payment to .

D3/ Above rates are “all inclusive” per gross metric ton as determined from figures contained on waybill, less any claims for shortages, losses, or damages. The gross weight per bag or carton will be as per the Bill of Lading.

D4/ Freight will be paid by FH’s freight forwarder MX, (on behalf of FH) once funds are received from USAID which is approximately forty five (45) days of receipt of invoices supported by signed waybills stamped and approved by FH and as described in Section B7.

D5 / A commission of 2.5% (two point five percent) of the gross invoice amount is due and payable to FH’s freight forwarder Missionary Expediters and Cargo Logistics based in the United States of America.

2. Language: As determined by FH, the working language of this tender is English. Other languages will not be accepted.

3. Source of Financing: The program is financed by the United States Government through USAID/Food for Peace Office in Washington DC.

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4. Qualifying Conditions: The main criteria for admission to the tender are as follows: 1. Company information including address, copy of license, company registration, VAT registration, contact information and key staff contacts indicating their experience handling similar shipments – 10 Points. 2. Company should have a fully functional office in the port of Dar Es Salaam, Tanzania – 10 Points. 3. Company must have access to at least 50 closed body trucks, which are in good running condition – 15 Points. 4. Must provide proof of bank account in the registered company name at a reputable bank – 10 Points. 5. Must provide details of signed audited annual accounts – 10 Points. 6. Must have details of organizational structures – 5 Points. 7. Must provide undertaken similar work before (break-bulk commodity transportation in the East African region) – 25 Points. 8. Must provide references from current or previous clients – 5 Points. 9. Must demonstrate capacity to provide storage for the commodities at their cost in case of customs delays in Dar Es Salaam port and at points of entry in Kigoma – 10 Points.

5. Tender Basis:

1. It is intended by FH to invite tenders for lump-sum contracts only. No shipment shall be sub-contracted without written approval from FH. 2. If applicants have any additional request and conditions, this shall be stipulated in a separate letter accompanying the bid. 3. Each applicant shall only make one bid. 4. All bids offers must be submitted based on gross metric ton basis. 5. Bids offer shall be made in writing calculated in United States Dollars (USD) only and clearly stated on the appropriate forms. 6. All rates should include all requisite taxes, compulsory payments, levies and duty. 7. The applicant shall state the availability of trucks at the shortest possible notice. 8. Bid offers shall be valid for a period of 120 days from the date of the bid opening.

NOTE: THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO HAS EXEMPTED FOOD FOR THE HUNGRY FROM ALL CUSTOM DUTIES AND LEVIES. ALL COMMODITIES WILL BE IMPORTED INTO THE COUNTRY ON DUTY FREE BASIS.

FOOD FOR THE HUNGRY WILL FURNISH THE SUCCESSFUL CONTRACTOR WITH THE EXEMPTION CERTIFICATES FOR PURPOSES OF LOCAL CUSTOMS CLEARANCE.

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RATE SCHEDULE ALL INCLUSIVE: DESTINATIONS IN DR CONGO BREAK BULK SHIPMENT – RATE/GROSS METRIC TONS IN USD$ FREE ON TRUCK UP TO FOOD FOR THE HUNGRY WAREHOUSE IN BUKAVU VIA RWANDA. FREE ON TRUCK UP TO FOOD FOR THE HUNGRY WAREHOUSE IN KALEMIE VIA KIGOMA PORT. FREE ON TRUCK UP TO FOOD FOR THE HUNGRY WAREHOUSE IN MOBA VIA KIGOMA PORT.

6. Performance Standards: The transportation must undertake to respect road regulations in accordance with all relevant road traffic act, rules, axle limits and statutes currently in force in all transit countries and the Democratic Republic of Congo.

7. Eligibility of Applicants: Applicants must not apply if they: 1. Are not registered companies. 2. Are bankrupt or in the process of going bankrupt. 3. Have been convicted for an offense concerning professional conduct. 4. Have been guilty of grave professional misconduct (proven by any means which the contracting authorities can justify) 5. Have not fulfilled obligations related to payment of social security and taxes. 6. Are guilty of serious misinterpretation in supplying information. 7. Are in situations of conflict of interest (with prior relationship to project or family or business relationship to parties on the Committee). 8. Were declared at serious fault of implementation owing to a breach of their contractual obligations 9. Are on any list of sanctioned parties issued by the United States Government, European Union and United Nations. Food for the Hungry will confirm eligibility of applicant before award of contract. 10. Do not meet the qualifying conditions specified under sub-section 4 above – Qualifying Conditions.

8. Bid Delivery: All hand delivered bids shall be delivered to Food for the Hungry Bukavu office situated at No. 069 AVENUE TANGANYIKA, QUARTIER DE NYALUKEMBA, NGUBA in a sealed envelope and by the date and time stated. The envelope will be clearly marked with the precise reference of the invitation to which it is a response, the delivery address and the name of the applicant. Scanned bid offers shall be accepted and shall be submitted to the following email address: [email protected] , with specific subject clearly marked, by the date and time stated. Bids delivered after the specified time will not be accepted.

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9. Bid Opening: The bids will be opened on 05 September 2019 in the presence of bidders who may choose to attend, at 11am at FH offices in Bukavu. The applicant’s name, the bid prices, the total amount of the bid, any discounts and such other information that the Committee may consider appropriate will be announced and registered in the minutes.

Bid Evaluation: The Committee will check the tenders to ensure that they contain no amendment to the terms or any other (calculation) errors. To assist in the examination, evaluation and comparison of bids.

Technical Evaluation: The offers will first be evaluated on technical merits. The technical evaluation assesses the capacity of the company to supply on the basis of submitted technical documents. It will notably include the composition of the own fleet and planned use of sub-contracted transporters, the demonstrated capacity, in previous contracts, to manage customs clearance in East Africa. FH will also conduct a field visit in Dar Es Salaam to establish the physical presence of the bidders operations in Tanzania.

Financial Evaluation: The financial evaluation is based on the cost stated in the tender, of the provision of the transport services.

10. Selection of Tender: Selection of the successful applicant will be based on good price offer, technical specification, number of truck available on the fleet, record of past performance. FH reserves the right to accept or reject any or all offers and is not bound to accept the lowest offer. FH reserves the right to request a new open tender.

11. Acceptance of Successful Tender: Taking into consideration the recommendation of the Committee, FH will make the final choice of the awarded company. FH will then send a letter of acceptance to the successful applicant. After submitted documentation from the selected firm has been verified, the firm will then be obliged to sign the contract for the stated amount. Any amendment to the awarded tender will be documented as an “Annex” to the contract and will be determined by FH.

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