1.1.1 REQUEST FOR PROPOSAL /2019/
RFP No ZWE1112-Z20030 Date: 12.03.2019
WELTHUNGERHILFE (WHH)
Invites Proposals for:
CONTRACTOR(S) TO DRILL AND CONSTRUCT 45 BOREHOLES AND EQUIP WITH TYPE “B” BUSHPUMPS IN SELECTED VILLAGES OF Mt Darwin, Rushinga and Shamva Districts IN ZIMBABWE
Sealed Proposals are invited from interested and qualified Borehole Drilling Contractors to drill and construct (on a turnkey basis) 45 Boreholes and equip with Type “B” Bush pumps in selected villages and Schools in Mt Darwin, Rushinga and Shamva Districts s in Zimbabwe as listed in this Request for Proposal. Sealed Proposals should be sent/placed in the Bid Box (located in the Reception area of the Welthungerhilfe office). Proposals forwarded by mail or courier services must contain written instructions on the external envelope that allows the receiving mail agents to place the envelope in the Bid Box. The mailing address for Proposals is:
Welthungerhilfe Harare Office
Number 5. Norfolk Road
Arundel Park Office
Block 8
Mt Pleasant
Zimbabwe
REF ZWE1112 - z20030
IMPORTANT – ESSENTIAL INFORMATION
The reference “ZWE1112-Z20030” Subject: “CONTRACTOR(S) TO DRILL AND CONSTRUCT 45 BOREHOLES AND EQUIP WITH TYPE “B” BUSHPUMPS IN SELECTED DISTRICTS OF IN ZIMBABWE” must be written/typed on the envelope containing the Technical Proposal and, on the envelope, containing the Financial Proposal, as well as on the outer packaging containing both envelopes. Proposals must be submitted in four (4) copies, in a securely sealed envelope in accordance with the Instructions attached to this RFP.
The Proposal MUST be received at the above address by latest 1300 Harare local time on 26 March 2019 and will be opened at the same day 26 March 2019.
Proposals received after the stipulated date and time will be invalidated.
Suppliers Qualification Form Annex 1 to be completed and signed and attached to the financial proposal.
THE FORM “/2019/……….. PROPOSAL FORM” ON PAGE 6 MUST BE COMPLETED, SIGNED AND ATTACHED TO THE TECHNICAL PROPOSAL WHEN REPLYING TO THIS RFP. E-mail replies will not be accepted in place of hard copies.
Institutions/Contractors, or their authorized representative, who obtain the minimum qualifying points for their Technical Proposals will be invited to attend the public opening of the Financial Proposals at the time, date and location specified. The Technical Proposal will not be opened publicly (please refer to Clause 2.3).
THIS REQUEST FOR PROPOSAL HAS BEEN:
Prepared By: Priscilla Majongwe (Supply & Logistics Manager)
Checked By: Shadreck Kundishora (Head of Project)
Approved By: Mark Harper (Deputy Country Director)
Annex 1
Welthungerhilfe Supplier Qualification Form
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1. We want some information about your company
Company Name
Legal Form
Founded (Year)
Established in (Country)
Bank Details (Account Holder, Bank Name, IBAN, BIC, Swift, Currency)
VAT-Registration Number
Physical Address
Name of Chief Executive Officer (CEO)
Place and Date of Birth of CEO
Name of Owner
Place and Date of Birth of Owner (if individual)
Website
Sales & Marketing Contact
Range of Services provided by the Company (Company Portfolio)
Welthungerhilfe Supplier Qualification Form
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2. Policy Statement of Welthungerhilfe
a. Welthungerhilfe supports the goals of the UN Global Compact The UN Global Compact is a strategic policy initiative for businesses that are committed to aligning their operations and strategies with ten universally accepted principles in the areas of human rights, labour, environment and anti-corruption. Human Rights • Principle 1: Businesses should support and respect the protection of internationally proclaimed human rights; and • Principle 2: make sure that they are not complicit in human rights abuses. Labour • Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining; • Principle 4: the elimination of all forms of forced and compulsory labour; • Principle 5: the effective abolition of child labour; and • Principle 6: the elimination of discrimination in respect of employment and occupation. Environment • Principle 7: Businesses should support a precautionary approach to environmental challenges; • Principle 8: undertake initiatives to promote greater environmental responsibility; and • Principle 9: encourage the development and diffusion of environmentally friendly technologies. Anti-Corruption • Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery. The Global Compact is global and local; private and public; voluntary yet accountable.
Further information is available on this website in different languages : https://www.unglobalcompact.org
b. Welthungerhilfe (WHH) renounces all forms of terrorism and money laundering Welthungerhilfe renounces all forms of terrorism and will never knowingly support, tolerate or encourage terrorism or the activities of those who embrace terrorism or money laundering. Consistent with numerous United Nations Security Council resolutions, including S/RES/1269(1999), S/RES 1368(2001) and S/RES1373(2001) and the European Union, Welthungerhilfe is firmly committed to the international fight against terrorism and in particular against the financing of terrorism. It is the policy of Welthungerhilfe to seek to ensure that none of its and its donor funds are used, directly or indirectly, to provide support to individuals or entities associated with terrorism or money laundering. Therefore, Welthungerhilfe will match their suppliers and Service providers against the Sanctions lists on a regular basis. By submitting an offer, suppliers and service providers agree to this.
Welthungerhilfe Supplier Qualification Form
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2. Supplier Declaration
We, ______(name of company) hereby declare that a) we are not in bankruptcy proceedings, judicial insolvency proceedings or in liquidation, that we have not ceased our commercial activities and are not in a comparable situation by virtue of similar proceedings referred to in the national legal provisions,
b) we have not received a sanction by legally binding judgment for reasons which bring into doubt our professional reliability,
c) we comply with our duty to pay social insurance contributions, taxes or other levies in accordance with the legal provisions of the state in which we have our office, the state of the consignee, or the state where the contract is performed. We assure that we will comply with the legislation applicable and common standards in terms of wages, social legislation and occupational safety and health.
d) we have not received a legally binding sentence due to fraud, corruption, participation in a criminal association, or another act directed against the financial interests of the International Humanitarian Aid Community,
e) no serious breaches of contract due to non-performance of our contractual obligations have been ascertained in connection with another contract or a contract awarded from the International Humanitarian Aid Community,
f) we are providing you with all the information required in connection with participation in a tender,
g) in respect of contracts which are ultimately paid for out of European Community funds, no one has accused us of breach of contract due to gross violation of our contractual obligations,
h) we have not been excluded as a contract partner by the European Community due to ethical issues,
i) we assure the European Commission, the European Anti-Corruption Bureau and the auditors of the European Community reasonable access on demand to our business and accounting documents for the purpose of checks and audits,
j) we respect basic social rights and condemn child labor,
k) we are informed that Welthungerhilfe will conduct a check to ensure that partners/suppliers do not appear on official sanctions lists of UN and the European Union.
______
Date, Company Name, Signature of Owner of CEO, Name in Block letters, Stamp
Deutsche Welthungerhilfe e.V. — Terms and Conditions for International Procurement of Goods and Services
Preamble
Deutsche Welthungerhilfe e.V., Friedrich-Ebert-Straße 1, 53173 Bonn/Federal Republic of Germany (hereinafter referred to as “Welthungerhilfe” or “WHH”) was established in 1962 and is today one of the largest private organizations working in the area of development cooperation and humanitarian aid in Germany. The organization is non-profit-seeking, non-partisan and non-denominational. Donations from the population at large fund our work in over 30 countries in Africa, Asia and Latin America. Welthungerhilfe receives grants from institutional donors, such as the German Federal Government, British Department for International Development (UK DFID), the European Union (EU), the United Nations (UN), the United States Agency for International Development (USAID) and others.
Since Welthungerhilfe is committed towards its private and institutional donors to use its funds as efficiently as possible, contracts for the supply of Goods and Services will be awarded only following a competitive procurement procedure. Welthungerhilfe therefore asks for your understanding that not every offer can lead to an order.
To achieve a maximum of transparency, accountability, equality and fair competion Welthungerhilfe requires from its suppliers consent to and strict compliance with the following Terms and Conditions for International Procurement of Goods and Services of Welthungerhilfe (hereafter „Terms and Conditions“).
1. DEFINITIONS
In this Terms and Conditions
"Contract" means the applicable WHH purchase order accepted by the Contractor. Any amendment to the Contract, once agreed between WHH and the Contractor in accordance with Article 4 below, shall also form a part of the Contract.
„Purchase Order“ means any written/formal purchase order of WHH including any exhibits thereto, any communication by WHH under Article 4 below, and these Terms and Conditions.
"Contractor" means the party set out in WHH’s purchase order with whom WHH is entering into an agreement for the supply of Goods and/or Services. This Terms and Conditions apply exclusively to Contratcors who are companies within the meaning of Section 14 BGB [German Civil Code] i.e. natural persons or legal entities which, in respect of the supply of Goods and Services, are acting in the performance of their commercial or independent professional activities.
"Goods" includes in particular without limitation equipment, spare parts, commodities, live plants or animals, seed, raw materials, components, intermediate products, or products, as specified in the Purchase Order.
"Force Majeure" shall mean acts of God, war (whether declared or not), invasion, revolution, insurrection or other acts of similar nature or force. A default or a delay by a supplier or authorized sub-contractor, among others, of the Contractor shall not constitute an event of Force Majeure.
"Services" means any services other than the delivery of Goods, as specified in the Purchase Order.
2. APPLICATION OF TERMS AND CONDITIONS
(1) These Terms and Conditions shall apply exclusively to any Contract. WHH does not acknowledge any general terms and conditions of the Contractor which are contrary to or differ from this Terms and Conditions unless WHH has expressly approved their validity in writing. These Terms and Conditions shall also apply if WHH acceptx or pays for deliveries of Goods or Services by the Contractor in the knowledge of terms and conditions of the Contractor which are contrary to or differ from this Terms and Conditions. Terms and conditions of the Contractor shall not apply even if WHH does not specifically object separately to their validity.
(2) These Terms and Conditions shall also apply to all deliveries of Goods or Services to WHH in the future until new Terms and Conditions apply.
3. RENUNCIATION OF TERRORISM AND MONEY LAUNDERING
WHH renounces all forms of terrorism and money laundering and will never knowingly support, tolerate or encourage terrorism or money laundering or the activities of those who embrace terrorism or money laundering. Consistent with numerous United Nations Security Council resolutions, including S/RES/1269(1999), S/RES 1368(2001) and S/RES1373(2001) and European Union resolutions, WHH is firmly committed to the international fight against terrorism and in particular against the financing of terrorism. It is the policy of WHH to seek to ensure that none of its own or its donors’ funds are used, neither directly nor indirectly, to provide support to individuals or entities associated with terrorism or money laundering. Therefore, WHH will match any candidate, tenderer or Contractor against the sanctions lists, as applicable from time to time, on a regular basis.
4. ACCEPTANCE OF PURCHASE ORDER, AMENDMENTS
(1) The Purchase Order may only be accepted by Contractor signing and returning to WHH an acknowledgement copy of the Purchase Order, by providing a corresponding order acknowledgement to WHH, by commencement of performance of the Purchase Order in a timely fashion or by timely delivery of the Goods, or timely provision of the Services, specified in the Purchase Order, in each case in accordance with the terms specified in the Purchase Order. Acceptance of the Purchase Order shall effect a contract between WHH and Contractor under which the rights and obligations of the parties shall be governed solely by this Terms and Conditions and the Contract.
(2) No amendment to the Contract shall be valid or enforceable against WHH unless it is in writing and signed by the same WHH authorised staff member who signed the Purchase Order or his superior and a duly authorised representative of Contractor.
(3) Verbal agreements after conclusion of a Contract, especially subsequent amendments and modifications of our Terms and Conditions, including this written form clause and collateral agreements of any kind, shall only be valid
when confirmed in writing by WHH authorised staff member who signed the Purchase Order or his superior and a duly authorised representative of Contractor. This shall not affect the precedence of an individual agreement pursuant to Section 305b BGB (German Civil Code).
5. PERFORMANCE BOND & BANK GUARANTEE
If a performance bond or bank guarantee is specifically required by the terms of the Contract, then such bond or guarantee, in the amount specified in the Contract, shall be issued by Contractor through a primary bank of Contractor's choice which must be a first class international accepted bank and must cooperate with Commerzbank (www.commerzbank.com) in Germany. The bond or guarantee will be issued on forms either furnished by or acceptable to WHH. Failure to deliver an acceptable bond or guarantee within two weeks from the date of Contractor's acceptance of the Purchase Order, unless otherwise specified in the Contract, shall be deemed a "default" by Contractor and the provisions of Article 17 below will apply.
6. EXPORT LICENCES, GOVERNMENTAL AUTHORIZATIONS
(1) If one or more export licenses and/or other governmental authorizations are required for the delivery of the Goods to, or the provision of Services at, the location specified in the Contract, it is
the obligation of Contractor to check all applicable regulations – especially of the European Union (EU), Germany resp. other EU Member States and, if applicable, the USA or Asian or Arab countries and all third countries involved - and obtain necessary licenses and/or authorizations prior to delivery of the Goods or performance of the Services.
(2) The Contractor shall in particular check and ensure, and, on request, provide evidence to WHH that
- no companies and persons specified on the US Denied Persons List (DPL) are involved in the supply with original US goods, US software and US technology; - no companies and persons specified on the US Warning List, US Entity List or US Specially Designated Nationals List involved in the supply with original US products without relevant authorisation; - no companies and persons are supplied who are specified on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the EU Terrorist List or other relevant negative lists for export controls; - no recipients are supplied that violate other export control regulations, especially of the EU or the ASEAN countries; - all early-warning indications of the competent German or national authorities of the respective country of origin of the delivery are complied with.
(3) The Contractor shall immediately notify WHH if it encounters difficulties in obtaining a required export license and/or other governmental authorization. The late issuance or refusal of any such license and/or authorization for all Goods or Services or any part thereof shall be deemed a "default" by Contractor and the provisions of Article 17 below will apply.
(4) The Contractor shall indemnify and hold WHH harmless against all damages and expenses resulting from the negligent breach of the foregoing obligations pursuant to this Article 6. para. (1) to (3).
7. INSURANCE
Unless otherwise specified and agreed upon in the Purchase Order, WHH will arrange for all risk insurance of the Goods. However, WHH reserves the right to request that Contractor provides appropriate insurance coverage.
8. NON-COLLABORATION WITH CERTAIN COUNTRIES
Notwithstanding Article 6 above, WHH reserves the right to communicate in text form to Contractor from which countries no Goods or Services shall be purchased directly or indirectly for purposes of delivery, distribution, installation, or use under the Contract. These communications shall be deemed a condition of the Contract and be incorporated by Contractor in any contracts with authorized subcontractors.
9. DELIVERY AND PERFORMANCE
(1) The Contractor shall deliver the Goods and perform the Services in accordance with the terms specified in the Purchase Order and the other terms and conditions of the Contract. The time of delivery and/or performance as specified in the Purchase Order is an essential term of the Purchase Order. Whenever an INCOTERM is used in the Contract, it shall be interpreted in accordance with the latest version of the INCOTERMS adopted by the International Chamber of Commerce.
(2) WHH may at any time by written instruction to the Contractor modify details of the delivery of the Goods and/or the performance of the Services, and the Contractor shall be obliged to deliver the Goods and/or perform the Services in accordance with such modifications in a timely manner. If any such modification causes an increase or decrease in the price agreed for the Goods and/or Services or the time required for the performance of Contractor’s obligations under the Contract, a reasonable adjustment to the agreed price and/or the delivery and/or performance schedule shall be agreed between WHH and Contractor, and the Contract shall be amended accordingly in accordance with Article 4 above.
(3) Any claim by Contractor for adjustment under the preceding paragraph must be asserted within thirty (30) days from the date of receipt by Contractor of WHH’s written modification instruction; providing, however, that WHH may, at its sole discretion, receive and act upon any such claim
asserted at any time prior to final payment under the Contract. Failure to agree to such adjustment shall be a dispute subject to the provisions of Article 38 below. However, nothing in this Article 9 shall release the Contractor from its obligation to proceed with the performance of the Contract as modified.
10. FITNESS OF GOODS INCLUDING PACKAGING
(1) Contractor warrants that the Goods, including their packaging, conform to the specifications set out in the Purchase Order including any applicable standards provided for in the Contract or, if no applicable standards are provided, the most recent authoritative standards issued by the relevant institution in the Goods' country of origin. Contractor further warrants that the Goods are fit for the purposes for which such goods are ordinarily used and for purposes expressly made known to Contractor by WHH, are of current manufacture and are free from defects in design, workmanship and materials.
(2) The Contractor also warrants that the Goods are securely contained, packaged and marked in accordance with normal commercial standards of export packing for this type of goods and in a manner so as to protect the Goods while in storage or in transit to their ultimate destination. The Contractor undertakes to use environmentally friendly products and processes for its Goods and Services and also for supplies or ancillary services of third parties as far as economically and technically feasible. The Contractor is liable for the environmental compatibility of the delivered Goods and packaging materials and for all consequential damages incurred by the culpable violation of its statutory disposal obligations. At the request of WHH, the Contractor shall issue a certificate of inspection for the delivered Goods.
(3) All such warranties for the Goods shall remain in effect for a period of two (2) yeary or for such longer period that Contractor normally provides for such goods or for any longer period agreed upon in the Contract, in each case after the Goods are placed in use (the "Warranty Period").
(4) If, during the Warranty Period, the Goods or any part thereof purchased under the Contract are found to be defective, non-conforming, damaged as a result of faulty or inadequate packaging or otherwise in violation of the warranties of fitness provided for in this Article 10, Contractor shall, upon written notification by WHH, promptly and at its own expense, correct or repair such Goods from any such defect, non-conformity, damage or violation or replace such Goods at WHH's discretion. Unless otherwise provided for in the Contract, the correction, repair or replacement shall take place at the following locations in the following order of precedence: at the loading address of the Contractor or its sub-contractor, at the point of delivery, or at the location where the Goods are, or shall be, placed in use. In the event Contractor fails to correct, repair or replace defective, non-conforming, damaged or otherwise violative Goods within a reasonable time, WHH may correct, repair or replace such Goods and charge or debit Contractor for all costs connected therewith or, if such correction, repair or replacement is not practicable, exercise its rights under Article 17 and Article 18 below.
11. INSPECTION, ACCEPTANCE, AND REJECTION
The Contractor shall provide and maintain an inspection, quality, and process control system acceptable to WHH covering the Goods under the Contract. Records of all inspection work by Contractor shall be kept complete and available to WHH during the performance of the Contract and for twenty-four (24) months after completion, if not otherwise specified in the Contract. Copies of all material certifications and test results will be submitted to WHH upon request.
WHH reserves the right to inspect and test through its representatives all Goods ordered under the Contract at any time and place. The Contractor, without additional charge, shall provide all facilities for inspection and all necessary support to ensure that inspections can be performed in such a manner as not to unduly delay delivery of the Goods.
WHH may reject any Goods supplied under the Contract that do not meet the requirements of the Contract or apply a penalty for Goods not fully conforming to such requirements as per Articles 17 and 18 below. Rejection of the Goods shall be made as soon as practicable after delivery of the Goods to their final destination.
Neither any inspection carried out by representatives of WHH nor any acceptance of the Goods or part thereof by WHH nor any omission by WHH to inspect, accept and/or reject the Goods or part thereof shall release Contractor from its responsibility for such Goods that are not in accordance with the requirements of the Contract, including warranties.
12. AFTER SALES SERVICE, SUPPLY OF SPARE PARTS
(1) For Goods ordered, Contractor shall provide and maintain a service organization reasonably constituted to handle requests from WHH or other ultimate beneficiaries for technical assistance on maintenance, service repairs, and overhaul of the Goods. If the presence of a local service agent has been requested by WHH and confirmed by Contractor, its presence in the country where the Goods are, or shall be, placed in use becomes a condition of the Contract. The Contractor must inform WHH of any changes in the local service structure prior to delivery of the Goods.
(2) The Contractor undertakes to supply WHH with spare parts for the Goods delivered for a further 10 years starting from the date of delivery.
13. CONTRACTOR'S RESPONSIBILITY FOR EMPLOYEES
(1) For the purposes of the provision of Services (if any) and/or production of Goods delivered under the Contract, Contractor shall provide all necessary personnel and shall be fully responsible for their employment, work permits, payment, and administration in strict conformity with all applicable laws and regulations, including any applicable collective labour agreements, legal minimum wages and prohibition of illegal employment.
(2) Contractor shall be responsible for the professional and technical competence of its employees and will select, for providing Services and/or producing Goods under the Contract, reliable individuals who will perform such Services and/or production of Goods effectively, respect the local customs, and conform to a high standard of moral and ethical conduct. Contractor's employees working on WHH's premises will comply with WHH's rules, policies, and procedures regarding conduct and security.
(3) The Contractor shall be liable towards WHH for any damage arising as a result of negligent failure to comply with the obligations pursuant to Article 13, para. (1) and (2).
14. WORKMEN'S COMPENSATION AND OTHER INSURANCE
For the purposes of provision of Services (if any) and/or production of Goods delivered under the Contract, the Contractor and any of its authorized sub-contractors shall procure and thereafter maintain all appropriate workmen's compensation, employer's liability, comprehensive general liability (bodily injury) and comprehensive automobile liability (bodily injury and property damage) insurance and take any necessary measures to ensure compliance with the labour laws applicable in the countries where their employees habitually work and where the Services shall be performed and/or production of Goods. Contractor shall also provide such other insurance as WHH may require, to the extent and in the amounts specified in the Contract. If any of Contractor's required insurances is cancelled or reduced during its term, Contractor and Contractor's insurance company are required to give ten days prior notice to WHH. Upon request by WHH, Contractor shall have its insurer furnish a copy of a "Certificate of Insurance" evidencing Contractor's compliance with the insurance requirements of the Contract. In the event that Contractor fails to maintain such insurance WHH may take out such insurance, pay such premiums as may be necessary and deduct the amount so paid by WHH from any moneys due or which may become due to Contractor or recover the same as a debt from Contractor.
15. LABOUR STANDARDS
Contractor shall:
(a) respect the prohibition of child labour as defined by International Labour Organization (ILO) Conventions No. 138 of 1973 and No. 182 of 1999 or below 14 years of age or the minimum age for employment permitted by law or the age of the end of compulsory schooling in the area in question, whichever is the higher; (b) respect the prohibition of forced or compulsory labour in all its forms; (c) respect the freely exercised right of workers, without distinction, to organize, to further and defend their interest as well as the protection of those workers who exercise their right to organize; (d) ensure equality of opportunity and treatment in respect of employment and occupation; and (e) ensure fair and reasonable conditions of safety, health and welfare.
Any breach of these obligations shall entitle WHH to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of WHH.
16. ENVIROMENTAL STANDARDS
Contractor shall, as a minimum, comply with all applicable statutory and other legal or regulatory requirements relating to environmental impacts of its business. This applies in particular without limitation to the following areas:
(a) waste management; (b) packaging and paper; (c) conservation; (d) energy use; and (e) sustainability.
17. REMEDIES FOR DEFAULT
In case of failure by Contractor to perform in accordance with the terms and conditions of the Contract, including but not limited to failure to make delivery of all or part of the Goods by the scheduled date(s), or to complete the Services required within the scheduled date(s), WHH shall be entitled to penalties in accordance with Article 18 below or, after a reasonable written notice to perform has lapsed and without prejudice to any other rights or remedies, exercise one or more of the following rights:
(a) procure all or part of the Goods and/or Services from other sources, in which event WHH may hold Contractor responsible for any costs and damages incurred in connection therewith; (b) refuse to accept delivery of all or part of the Goods and/or to accept provision of all or part of the Services and reduce the Contract price accordingly; (c) require Contractor to ship all or part of the Goods via premium means of transportation at Contractor's expense, to meet the delivery schedule; or (d) terminate the Contract without liability for WHH.
No action or ommission by WHH envisaged in Article 11 above or in this Article 17 shall be deemed a waiver of WHH's rights to hold Contractor liable for any loss and/or damage resulting from any default or breach of any term or condition of the Contract or shall act as a modification of Contractor's obligations under the Contract.
18. LIABILITY, PENALTY FOR DELAY, NONCONFORMING GOODS OR SERVICES, SHORTFALLS
(1) The Contractor shall be liable according to statutory legal provisions, especially for its own negligent breach of duty and negligent breach of duty by its legal representatives or vicarious agents.
(2) Contractor recognizes that the Contract concems delivery of Goods and/or provision of Services where "time is of the essence" and that failure to deliver the Goods and/or provide the Services by the scheduled date(s) or in accordance with the quantities and/or quality specified in the Contract may cause irreparable harm to WHH.
(3) Therefore, if the Contractor culpably defaults in remedying a defect or making a delivery - fully and timely -, WHH shall have the right to request lump-sum damages due to default for the defective resp. late delivery without further proof of damage, of 0.2 % of the net remuneration agreed for the defective resp. late delivery and/or service for each period of default of 1 working day (Monday to Saturday) but at most 5 % of the agreed net remuneration for the defective resp. late delivery and/or service. The Contractor shall, however, have the opportunity to prove to WHH that WHH has incurred no damage or materially lesser damage.
(4) The remedy in Article 18 (3) is without prejudice to any other right or remedy that may be available to WHH, including cancellation, for Contractor's non-performance or breach of any term or condition of the Contract. The above lump-sum damages shall however be set off in full against any further damage claim.
19. FORCE MAJEURE
Contractor shall give notice in text form to WHH providing full particulars as soon as possible after the occurrence of any event constituting Force Majeure (as defined herein) whereby Contractor is rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under the Contract. Contractor shall also notify WHH of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. On receipt of the notice required under this Article19, WHH shall take such action as it, in its sole discretion, considers being appropriate or necessary in the circumstances, including the granting to Contractor of a reasonable extension of time in which to perform its obligations under the Contract or termination under Article 22 below.
If WHH determines that the Contractor is rendered unable, wholly or in part, by reason of Force Majeure to perform any of its obligations or meet any of its responsibilities under the Contract, WHH shall have the right to suspend or terminate the Contract without liability to WHH effective immediately upon Contractor's receipt of notice of suspension or termination. Neither party shall be held responsible for failing to perform any of their respective obligations under the Contract if such failure is the result of an event of Force Majeure.
Notwithstanding anything to the contrary in the Contract, Contractor recognizes that delivery of Goods and provision of Services may from time to time occur under harsh or hostile conditions, including civil unrest. Consequently, any delay or failure to perform caused by events arising out of, or in connection with, such conditions shall not on its own constitute Force Majeure.
20. COPYRIGHT, PATENTS, AND OTHER PROPRIETARY RIGHTS
WHH shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights, and trademarks, with regard to documents and other materials which are prepared in the course of the performance of the Contract. At WHH's request, Contractor shall take all necessary steps, execute all necessary documents, and generally assist in securing such proprietary rights and transferring them to WHH in compliance with the requirements of applicable law.
21. INTELLECTUAL PROPERTY INDEMNITY
(1) The Contractor guarantees and warrants that all deliveries of Goods and performance of Services are free of third-party property rights and in particular that the delivery and use of the Goods and Services does not infringe patents, licences or other third-party property rights.
(2) The Contractor shall defend, at its own expense, any suit or proceeding brought against WHH, in so far as it is based on a claim that any Goods delivered, or any Services provided, under the Contract, or the normal use thereof, constitute an infringement of any patent, copyright, trademark or any other intellectual property right. WHH shall promptly notify any such occurrence to Contractor and give it reasonable authority, information and assistance (at Contractor‘s expense) as required for the appropriate defence of such suit or proceeding. The Contractor shall pay all damages and costs awarded therein against WHH.
(3) In case the delivery of said Goods or any part thereof, or the provision of said Services or any part thereof, or the normal use of said Goods and/or Services or any part thereof is enjoined, Contractor shall, at its own expense and, unless set out otherwise in the Contract, at its choice, either procure for WHH the right to continue using such Goods and/or Services; or, subject to WHH’s approval, modify such Goods and/or Services so that they become non-infringing; or remove such Goods and/or reverse such Services and refund to WHH any payments made by WHH with respect to such Goods and/or Services and compensate WHH for any other damages suffered by WHH as a result of the infringement.
22. TERMINATION FOR SPECIAL CONVENIENCE
WHH may, in its sole discretion, terminate the Contract, in whole or in part, for any reason upon written notice to Contractor without liability other than that set forth herein. Upon receipt of notice of termination, which shall be deemed as the effective date of termination, Contractor shall take immediate steps to limit the incurrence of any additional costs, bring any work and Services to a close in a prompt and orderly manner, reduce expenses to a minimum and shall not undertake any
forward commitment from the date of receipt of notice of termination. In the event of such termination, no payment shall be due from WHH to Contractor except as herein provided:
(i) for work and Services satisfactorily performed or in process prior to termination and any related expenses for materials; (ii) for reasonable expenses necessary for the prompt and orderly termination of the work, and (iii) for the cost of such necessary work as WHH may request Contractor to complete.
In no case shall WHH be liable to Contractor for any sum in excess of the total price stated in the Contract for the Goods and/or Services nor shall this Article 22 be deemed to apply in cases where WHH terminates the Contract on grounds other than convenience. Costs attributable to the termination as per this Article 22 shall be computed and substantiated in accordance with standard accounting practices.
23. SOURCE OF INSTRUCTIONS
The Contractor shall neither seek nor accept instructions from anyone external to WHH in connection with the performance of the Contract. The Contractor shall refrain from any action which may adversely affect WHH and shall perform its obligations with the fullest regard to the interests of WHH.
24. COMPLIANCE WITH LAWS AND REGULATIONS
(1) WHH has declared the notion of compliance to be a key company value. WHH expects the Contractor, therefore, to comply with respectively applicable national and international statutory provisions within the scope of its business activities on behalf of and with WHH. This applies in particular to legal requirements in relation to industrial safety and employee protection, compliance with human rights, prohibition of child labour, criminality of corruption and the granting of advantages of any kind and in relation to environmental protection etc. Furthermore, WHH expects the Contractor to communicate these principles and requirements to its sub-contractors and suppliers and to encourage them to comply with these laws as well. (2) Contractor guarantees that neither Contractor, nor any of its affiliates, nor any subsidiaries controlled by Contractor, is/are engaged in the sale or manufacture of anti- personnel mines or of components primarily utilized for the manufacture of anti-personnel mines. Any breach of this guarantee shall entitle WHH to terminate the Contract immediately upon notice to the Contractor, without any liability for termination charges or any other liability of any kind of WHH.
25. DELIVERY DOCUMENTS
(1) Immediately, upon shipment of Goods, Contractor shall, unless stipulated differently in the Contract, send the following to consignee:
(a) one negotiable bill of lading or airwaybill; (b) two copies of the commercial invoice; (c) one copy of the consular or legalised invoice, if required by the Contract; (d) one certificate of origin; (e) one copy of the packing list; (f) original Certificate of Insurance, if Contractor has been requested to provide insurance.
(2) Freight shall be pre-paid by Contractor. Freight charges must be shown separately on the invoice. Supporting documents, i.e. original invoices covering freight charges, shall be supplied with the invoice.
26. PAYMENT AND SUPPORTING DOCUMENTS
(1) Payment of submitted invoices by WHH does not imply acceptance of Goods or Services or any related work under the Contract. Unless otherwise specified in the Contract, the following provisions will apply concerning payment and supporting documents.
(2) WHH shall generally make payment through banking channels to Contractor within 30 days upon receipt of the following documents and any other documents/reports that may be specified in the Contract, to be sent directly to Deutsche Welthungerhilfe e.V., Procurement Department, FriedrichEbert-Strasse 1, 53173 Bonn, Germany:
(a) remaining negotiable & non-negotiable copies of the bill of lading or airwaybill;
(b) commercial invoice with valid banking instructions; (c) copy of the consular or legalised invoice, if required by the Contract; (d) copy of the certificate of origin; (e) copy of the packing list; (f) Copy of the Certificate of Insurance, if Contractor has been requested to provide insurance.
(3) In case of installation of Goods by the Contractor the payment terms will negotiated case by case.
(4) WHH will make payment to the bank account indicated by Contractor in its invoice, providing that the bank account is in the name of Contractor and located in its country of residence. Any request for payment to a bank account other than that of Contractor or to a bank other than one located in Contractor's country of residence must be specified and justified by Contractor at the time of making its offer.
(5) WHH may withhold payment, in whole or in part, without liability and without prejudice to any other of its rights or remedies under the Contract, should Contractor fail to provide the documents required by this Article 26 or as otherwise specified in the Contract or in the event that Contractor fails to perform or comply with its obligations under the Contract, including without limitation the warranties for the Goods set forth in Article 10 above.
27. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend, at its own expense, WHH and WHH’s personnel from and against all third-party suits, claims, demands, and liabilities of any nature or kind arising out of acts or omissions of Contractor or its employees, agents or other representatives or authorized sub-contractors in connection with the performance of Contractor’s obligations under the Contract. This shall equally apply to suits, claims, demands, and liabilities regarding worker's compensation or arising out of the use of patented or copyrighted inventions or goods in accordance with the provisions of Article 20 above.
28. WHH STAFF MEMBERS NOT TO BENEFIT
Contractor warrants that no staff member or representative of WHH or any family member of any such person shall have any interest in Contractor’s business, or has received or will be offered by Contractor any direct or indirect gift, payment or other benefit of any kind in connection with or arising from the Contract or the award thereof. In particular, Contractor warrants that no staff member or representative of WHH or any family member of any such person holds or shall hold any direct or indirect financial interest in Contractor's business. For the purposes of this Article 28, the mere holding of shares in a publicly listed company shall not be considered a financial interest, provided that such shares do not confer a power to control, or otherwise significantly influence the management of, Contractor‘s business. Should Contractor fail to comply with this obligation, WHH shall have the right to terminate the Contract at any time, in accordance with the provisions of Article 22 above.
29. TITLE TO EQUIPMENT
Title to any equipment and supplies which may be furnished by WHH shall rest with WHH and any such equipment shall be returned to WHH at the completion or termination of the Contract or when no longer needed by Contractor. Such equipment when returned to WHH shall be in the same condition as when delivered to Contractor, subject to normal wear and tear.
30. ASSIGNMENT, SUBCONTRACTING
(1) Contractor shall have the sole and full responsibility for the performance of its obligations under the Contract. Contractor may not assign, transfer, pledge, sub-contract, or otherwise dispose of the Contract or any part thereof, or any of Contractor's rights or obligations under the Contract without the prior written consent of WHH, which WHH may not unreasonably withhold. Any assignment by Contractor which is not authorized by WHH will be void and WHH reserves the right in such case, without prejudice to other rights or remedies, to cancel the Contract without liability effective upon Contractor's receipt of WHH’s notice of termination. The approval by WHH of an assignee or subcontractor shall not release Contractor of any of its obligations under the Contract.
(2) Contractor agrees that WHH may, at its discretion, assign, transfer, pledge, sub-contract or otherwise dispose of the Contract or any part thereof, or any of WHH's rights or obligations under the Contract, subject to written notification to the Contractor within a reasonable period of time either prior to or following such assignment, transfer, pledge or sub-contracting arrangement.
(3) The terms of any assignment, transfer, pledge, sub-contracting arrangement or other disposition in accordance with this Article 30 shall be subject to and in accordance with the provisions of the Contract.
31. CONFIDENTIALITY
(1) All designs, drawings, specifications, reports, data, computer programs, and any other technical or proprietary information furnished or disclosed to Contractor by WHH under or in connection with the Contract shall remain the property of WHH and shall be treated as confidential and safeguarded by Contractor. This shall not apply insofar and as long as such information is proven to be in the public domain or a legal or official obligation of disclosure exists.
(2) Unless otherwise authorized in text form by WHH, Contractor shall use such information only in the performance of his obligations under the Contract. Upon completion or termination of the Contract, Contractor shall return such information to WHH.
(3) Unless otherwise authorized in text form by WHH, Contractor may not communicate at any time to any third party any non-public information known to it by reason of the fact that it is furnishing or has furnished goods or services to WHH.
(4) Contractor shall not at any time use such information to its own personal benefit. The obligations under this Article 31 shall survive the termination of the Contract.
32. NO USE OF NAME, EMBLEM OR OFFICIAL SEAL OF WHH
Contractor shall not use, in any manner whatsoever, the name, abbreviation of the name, emblem or official seal of WHH for any purpose. Unless otherwise authorized in text form by WHH, Contractor shall not advertise or make public the fact that it is furnishing or has furnished goods or services to WHH.
33. INDEPENDENT CONTRACTOR
Contractor shall, for the purposes of the Contract, have the status of an independent contractor, and shall be fully responsible, in particular for any acts or omissions of its personnel, agents, or other representatives. Contractor, its personnel, agents, or other representatives and authorized subcontractors shall not be considered in any respect as being employees or agents or other representatives of WHH. Contractor, its agents or other representatives, and authorized subcontractors shall comply with all laws and regulations applicable to their relations to third parties, including their employees, and with all laws and regulations applicable to them by reason of their trade, business or activities. The Contractor shall promptly correct any violations of such laws and regulations and shall keep WHH informed of any dispute or issue arising in relation to any authority with respect to any such violation.
34. CHANGE OF CONTROL, INSOLVENCY, BANKRUPTCY
Contractor shall immediately report any change in its legal status or in its control to WHH. In the event that Contractor becomes insolvent or bankrupt or the control or legal status of Contractor changes for any other reason, WHH may terminate the Contract, without prejudice to any other rights and remedies, effective upon Contractor's receipt of WHH’s notice of termination.
35. NOTICES AND COMMUNICATION
All notices and other binding communication shall be in English, or the language of the Purchase Order, and shall be deemed to be validly given if sent by registered mail, by fax, by email with return receipt or by cable to the other party at the address or numbers of either party as indicated in the Contract.
36. PRIVILEGES AND IMMUNITIES
Nothing contained in or relating to the Contract shall be deemed a waiver, express or implied, of the privileges and immunities of WHH, nor as conferring any privileges or immunities on Contractor or its employees.
37. APPLICABLE LAW
Unless provided otherwise in the Purchase Order, the Contract shall be subject to and construed in accordance with the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
38. SETTLEMENT OF DISPUTES, CONCILIATION AND ARBITRATION
Any dispute between the parties concerning the interpretation and the execution of the Contract will be settled or, if not settled by negotiation between the parties or by another agreed mode of settlement, shall, at the request of either party, be submitted to one conciliator. Should the parties fall to reach agreement on the name of a sole conciliator, each party shall appoint one conciliator. The conciliation shall be carried out in accordance with the Conciliation Rules of the United Nations Commission on International Trade Law (UNCITRAL), as applicable from time to time. Any dispute between the parties concerning the interpretation and the execution of the Contract that remains unresolved after conciliation shall, at the request of either party, be settled by arbitration in accordance
with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL Arbitration Rules), as applicable from time to time. The conciliation or the arbitration proceedings shall be conducted in the language of the Purchase Order. The parties may request conciliation during the performance of the Contract, during any Warranty Period as defined in Article 10 above, or within a period not to exceed twentyfout months after the completion or termination of the Contract. The parties may request arbitration not later than ninety days after the termination of the conciliation proceedings. Decisions of the arbitral tribunal shall be final and binding upon the parties. The arbitral tribunal shall have the authority to award punitive damages and, unless otherwise expressly provided in the Contract, to award interest. The place of arbitration shall be Austria
Bonn 2018
Table of Contents
1.1.1 REQUEST FOR PROPOSAL /2019/ ------1
2 /2019/...... : PROPOSAL FORM ------23 1.0 TERMS OF REFERENCE ------25
1.1 ORGANIZATIONAL BACKGROUND ------25
1.2 PURPOSE OF THE RFP ------25
1.3 NATURE OF CONSULTANCY: ------25
1.4 WORK ASSIGNMENTS: ------26
1.5 WORK SCHEDULE: ------26
1.6 End Product(s): ------26
1.7 Estimated Duration of Contract: ------27
1.8 Official Travel Involved ------27
1.9 Qualifications or Specialized Knowledge/Experience Required: ------27
1.10 Type of Supervision that will be provided: ------27
1.11 Contractor’s Work Place:------28
2.0 RFP TERMS, CONDITIONS AND INSTRUCTIONS ------28
2.1 MARKING AND RETURNING OF PROPOSALS ------28
2.2 TIME FOR RECEIVING PROPOSALS ------29
2.3 PUBLIC OPENING OF PROPOSALS ------30
2.4 REQUEST FOR INFORMATION ------30
2.5 RFP RESPONSE ------31
2.6 CORRECTIONS, MODIFICATION AND WITHDRAWAL ------34
2.7 VALIDITY OF PROPOSALS ------34
2.8 DISCOUNTS AND PAYMENT TERMS ------35
2.9 LATE DELIVERY ------35
2.10 FAILURE TO PERFORM ------35
2.11 RIGHTS OF WELTHUNGERHILFE ------36
2.12 EVALUATION OF PROPOSALS ------37
2.13 RFP AND DESIRABLE CONTRACT IMPLEMENTATION SCHEDULE ------38
2.14 FULL RIGHT TO USE AND SELL ------39
2.15 ETHICS, UNETHICAL BEHAVIOUR, CORRUPT AND FRAUDULENT PRACTICES ------39
2.16 GUIDELINES ON GIFTS AND HOSPITALITY ------40
2.17 CONTRACTUAL TERMS AND CONDITIONS ------40
3 Table 1: Evaluation Assessment Criteria ------41
4 ANNEX 1: CONTRACTOR’S EXPERIENCE AND REFERENCE FORM ------44
5 ANNEX 2A: ALLOCATION of BOREHOLES ------45 5.1 ANNEX 2B: Borehole Drilling VILLAGE Locations ------46
6 ANNEX 2C: BOREHOLE DRILLING PRE-SITE LOCATIONS (tba) ------49
• ANNEX 3A: FINANCIAL PROPOSAL TABLE – Mt Darwin, Rushinga and Shamva Districts------51
7 Annex 3B: FINANCIAL PROPOSAL EXPLANATORY NOTES ------52
8 ANNEX 4: TECHNICAL CAPABILITIES OF DRILLING COMPANIES ------55
9 ANNEX 5: SPECIFIC TERMS AND CONDITIONS OF CONTRACT ------57
10 ANNEX 7: MANUAL_B TYPE BUSHPUMP INSTALLATION ------59
11 ANNEX 8: BUSHPUMP HEADWORKS DESIGN FOR BOREHOLES ------60
12 ANNEX 9: WELTHUNGERHILFE’S GENERAL TERMS AND CONDITIONS FOR INSTITUTIONAL/CORPORATE CONTRACTS ------61
PROPOSAL FORM
The PROPOSAL FORM on the following page (/2019/………….: PROPOSAL FORM) which is also attached as a separate *.pdf document must be completed, signed and returned to WELTHUNGERHILFE together with your detailed Proposal and supporting documents. The Proposal must be made in accordance with the instructions contained in this Request for Proposal.
It is important that all of the provisions of this Request for Proposal are carefully read to ensure that WELTHUNGERHILFE’s requirements are understood and your proposal/response submitted are in compliance. Note that failure to provide complete information in your proposals may result in invalidation of your proposal.
TERMS AND CONDITIONS OF CONTRACT Any Institutional Contract resulting from this RFP shall contain WELTHUNGERHILFE’s General Terms and Conditions and any other Specific Terms and Conditions as detailed herein.
INFORMATION Any request for information concerning this RFP must be forwarded via e-mail to [email protected] or by mail (letter on paper) to Supply & Logistics Section, with specific reference to the RFP number and subject. A copy of the request for information should be emailed to [email protected] , [email protected] and [email protected]
All efforts will be made to provide additional information expeditiously, but any delay in providing such information will not be accepted as a reason for extending the submission date of your Proposal. Requests for additional information/clarifications should reach [email protected] and [email protected] no later than 15 March 2019. Requests for additional information/clarifications received after this date may not be responded to.
1 /2019/...... : PROPOSAL FORM
This Proposal Form must be completed, signed and returned to WELTHUNGERHILFE with your Proposal.
/2019/...... CONTRACTOR(S) TO DRILL AND CONSTRUCT 45 BOREHOLES AND EQUIP WITH TYPE “B” BUSHPUMPS IN SELECTED VILLAGES AND SCHOOLS IN MT DARWIN, RUSHINGA AND SHAMVA DISTRICTS OF ZIMBABWE.
The undersigned, having read the Terms and Conditions of /2019/...... as set out in the attached document, hereby offers to supply the services specified at the price or prices quoted, in accordance with the specifications stated and subject to the Terms and Conditions set out or specified in the document.
Name of authorized representative: ______
Title: ______
Signature: ______
Date: ______
Company’s Name: ______
Postal Address: ______
Telephone No.: ______
Fax No.: ______
E-mail Address: ______
Validity of Offer (not less than 90 days): ______
Currency of Offer: ______
Payment Schedule/Terms: ______(Please attach a separate sheet with details if necessary to ensure that a complete Payment Schedule & Terms is submitted).
Works Blackout period: ______(Please indicate if there are any period(s) of the calendar year during which Works/drilling will not be conducted by your drilling Team).
Please indicate, after having read WHH payment Terms stated under Discounts and Payment Terms, Clause 2.8 if any cash discounts are offered by you for early payment:
10 days 3.0% ______15 days 2.5%______20 days 2.0%______45 days net______
Other trade or item discounts: ______
CONTRACTOR(S) TO DRILL AND CONSTRUCT 45 BOREHOLES AND EQUIP WITH TYPE “B” BUSHPUMPS IN SELECTED VILLAGES AND SCHOOLS OF MT DARWIN, RUSHINGA AND SHAMVA DISTRICTS IN ZIMBABWE
1.0 TERMS OF REFERENCE
1.1 ORGANIZATIONAL BACKGROUND
The Welthungerhilfe (WHH), envisions a world in which all people can exercise their right to lead a self-determined life in dignity and justice, free from hunger and poverty. We fight against global hunger and for sustainable food security. This incorporates the promotion of agriculture suited to local conditions, access to clean water, the provision of modern, environmentally friendly energy and the improvement of health and education. Our actions are dictated by the principles of equality, inviolable rights and self-determination for all. The people with whom we work are partners striving towards social change. We treat them with respect, solidarity and compassion. In so doing we seek to uphold our key our principle: "helping People to help themselves"
Our actions aim for the sustainable improvement of opportunities in life for future generations to live in a healthy environment and a fair society. Our goal is the same as that of many people working in development cooperation: to reach the day when development cooperation is no longer needed, because people will be able to help themselves sufficiently. Guided by the Convention on the Rights of the Child, WELTHUNGERHILFE strives to contribute towards full realization of children’s rights in tandem with ethical international principles and standards of behavior towards children. While striving for equality, equity, peace and security, WELTHUNGERHILFE subjects its work and that of its cooperating partners to scrutiny and accountability by beneficiaries and key local stakeholders.
1.2 PURPOSE OF THE RFP
This Request for Proposal (RFP) is issued to identify and contract suitable Contractors to undertake to drill and construct 45 boreholes and equip them with Type “B” Bush pumps in selected villages and schools in Mt Darwin, Rushinga and Shamva Districts Rural district Council areas in Zimbabwe. The RFP is open to experienced drilling Contractors who are legally registered in Zimbabwe through a Certificate of Incorporation as a Zimbabwean company with relevant licenses/permissions to drill in Zimbabwe.
1.3 NATURE OF CONSULTANCY:
WELTHUNGERHILFE (WHH) Zimbabwe and the District Water Supply and Sanitation Sub- Committees (DWSSCs) of Mt Darwin, Rushinga and Shamva Districts, with funding from Charity: Water through the WASH Project would like to support the drilling of 45 boreholes for drinking water supplies including the installation of Type “B” Bush pumps in selected villages and schools in Mt Darwin, Rushinga and Shamva Districts. The implementation would involve engagement of contractors to undertake borehole-drilling works as a turnkey project.
In the interest of meeting tight schedules and deadlines to complete boreholes within specific timelines, WELTHUNGERHILFE (WHH) reserves the right to split the award among multiple contractors if benefits to be gained are in the interest of the Project or WELTHUNGERHILFE (WHH) and if the actual completion of all boreholes can be achieved in a shorter time.
1.4 WORK ASSIGNMENTS:
Drill and Construct Boreholes and Equip with Type “B” Bushpumps (mandatory works) WELTHUNGERHILFE (WHH) would like to have turnkey contract(s) for drilling of 45 boreholes and equipping them with Type “B” Bushpumps. The Contractor shall provide all labor, transport, plant, tools, equipment and materials and appurtenances. The contractor shall perform all Works necessary to satisfactorily locate sites for drilling, construct and complete successfully drilled boreholes including lowering of borehole assembly with PVC casing, Screen and end cap. Gravel pack at appropriate intervals and back fill, close near surface water table aquifer, cleaning and development, 8hr pump test (Successful water point to have not less than 0,25L/Sec), chlorinate borehole, install hand pump (supplied by WELTHUNGERHILFE (WHH) through funding from Charity: Water), construct apron and run-off with a Small Waste water pond or soak away pit and water quality testing both Full chemical and biological tests in accordance with this specification and to any further details as may be ordered by WELTHUNGERHILFE and the Respective RDCs of Mt Darwin, Rushinga and Shamva districts as detailed in the attached Annexes below. Annex 6: “TECHNICAL SPECIFICATION AND PROCEDURES FOR DRILLING BOREHOLES,” Annex 7: “MANUAL_B TYPE BUSHPUMP INSTALLATION” and Annex 8: “BUSHPUMP_HEADWORKS DESIGN FOR BOREHOLES “ (Making a strong “head- works” for the Zimbabwe Bush Pump) with their accompanying internal annexes for detailed scope of work, specifications and minimum procedures that need to be followed to assure acceptable quality of works are executed. Please note that WELTHUNGERHILFE (WHH) through the Project Funds from Charity : Water will supply complete Type “B” bushpump units (including complete pump stands (heads), handles, pipes, rods, foot valves and cylinders) required to complete the work assignment. Proposals do not include a provision to supply these stated items.
1.5 WORK SCHEDULE: The desired target schedule for the mandatory works is desirable to be completed within 3‐4 months of contract signature. We encourage Contractors to propose a realistic work schedule based on actual resources and availability capacity in the bidding response to ensure that the planning and execution of works can be relied upon. In this regard, we draw bidders’ attention to clause 2.10: “Failure to Perform.”
1.6 End Product(s):
1. Certified completed drilling and construction of awarded boreholes made ready for use by community members of Mt Darwin, Rushinga and Shamva rural districts. 2. Satisfactory and functional installation of Type “B” Bushpumps supplied by WELTHUNGERHILFE, in each of the awarded boreholes, duly certified by the designated
supervisors (made up of RDCs’ Technical Officers, DWSSC Technical Team and WHH WASH Engineers/Technicians) of this Project.
1.7 Estimated Duration of Contract:
The estimated contract duration is from May 2019 to September 2019, subject to consistent satisfactory performance of the Contractor.
1.8 Official Travel Involved
The Contractor will be responsible for his own travel and insurance costs to Mt Darwin, Rushinga and Shamva Districts in Zimbabwe to undertake the assignment.
1.9 Qualifications or Specialized Knowledge/Experience Required:
In addition to the qualifications set forth in Annex 4: "Technical Capabilities of Drilling Companies," Contractors must meet the following minimum qualifications:
➢ Minimum of 5 years' experience in drilling and installation of Type "B" Bushpumps ➢ Experience in surveying for underground water; drilling in collapsing formation will be necessary, as the wet hole policy (detailed in Annex 6 document) will be applied, hence only companies that have undertaken similar assignments previously will be considered. ➢ Proven capacity to deliver, ideally contractors should possess a minimum of 2 rigs. However, to allow ample opportunity to smaller contractors, consideration will be given based on proven reliable past performance (independent validation will be conducted to establish such evidence). ➢ Legally registered to conduct business and drill in Zimbabwe, and ability to provide evidence of company registration documents and financial statements, upon request. ➢ Registration with ZINWA (Zimbabwe National Water Authorities) as available.
Bidders must provide all information requested in Annex 4: "Technical Capabilities of Drilling Companies," failure to provide such information may lead to disqualification.
1.10 Type of Supervision that will be provided:
RDCs’ Technical Officers, DWSSC Techincal Teams in each district the PWSSC Engineers and WHH WASH Engineers/Technicians/Officers in close consultation with the Contractor
will be responsible for overseeing the entire work assignment, including completion of all boreholes in the three selected districts.
1.11 Contractor’s Work Place:
The Contractor is expected to work from its own premises, with the majority of the work performed on-site in Mt Darwin, Rushinga and Shamva Districts in the selected rural wards/villages complete the drilling and construction of boreholes and installation of Type “B” Bushpumps. The Contractor is responsible to transport the necessary equipment (including rigs) to the drilling sites at its own expense.
2.0 RFP TERMS, CONDITIONS AND INSTRUCTIONS
2.1 MARKING AND RETURNING OF PROPOSALS
SEALED PROPOSALS, clearly marked on the outside with the RFP number, must be dispatched to arrive at the WELTHUNGERHILFE office and placed in the Bid Box in the reception area NO LATER THAN 15:00 hours Harare local time on 26 March 2019. Proposals received in any manner other than as outlined below, and Proposals received after this date and time, will be INVALIDATED. Proposals submitted by e-mail will not be accepted in place of hard copies.
Proposals shall be submitted in English with four (4) original copies, duly signed and dated, and accompanied by an electronic version of the offer on a CD. Proposals shall be sealed in an outer and two inner envelopes. All envelopes shall indicate the institution’s name and address. The outer envelope shall be addressed as follows:
Name & Address of the contractor ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………… Welthungerhilfe Arundel Park Office No 5 Norfolk Road Block 8 Mt Pleasant Harare, Zimbabwe PLEASE PUT THIS ENVELOPE INTO THE BID BOX LOCATED IN THE RECEPTION AREA OF THE WELTHUNGERHILFE OFFICE ZWE1112 – Z20030 DUE DATE: 26 March .2019
The first inner envelope shall be marked “Technical Proposal” and addressed in the same manner as the outer envelope and shall contain all documentation and CD relevant to the Technical Proposal. The Form “/2019/...... : PROPOSAL FORM” on page 6 must be completed, signed and attached to the Technical Proposal.
The second inner envelope shall be marked “Financial Proposal”, sealed and addressed in the same manner as the outer envelope. A separate CD with the electronic version of the Financial Proposal must be included in the Financial Proposal’s envelope. All proposals must be placed in the designated Bid Box located in the reception area of the WELTHUNGERHILFE (WHH) Harare Office. If the proposal is being sent via courier services (i.e., FedEx, DHL, UPS, etc.), the courier service provider should be instructed to place the proposal in the Bid/Tender Box. Appropriate instructions to this effect are the responsibility of the participating contractor. WELTHUNGERHILFE (WHH) undertakes no responsibility in the event the delivery courier service fails to place the proposal envelope into the Bid/Tender Box.
Offers delivered at a different address or in a different form than prescribed in this RFP, or which do not respect the required confidentiality, or received after the designated time and date, will be disallowed.
2.2 TIME FOR RECEIVING PROPOSALS
Sealed Proposals received prior to the stated closing time and date will be kept unopened in the Bid Box. The Officer of the Bid Opening Unit will open Proposals at the specified time and no Proposal received thereafter will be considered.
WELTHUNGERHILFE (WHH) will accept no responsibility for a premature opening of a Proposal, which is not properly addressed or identified. Any delays encountered in the mail delivery will be at the risk of the contractor.
Modification of sealed Proposals already submitted in a sealed envelope will be considered if notice is received by fax prior to the stated closing time and date.
All references to descriptive materials should be included in the appropriate response paragraph, though the material/documents themselves may be provided as annexes to the proposal/response.
The contractor must also provide sufficient information in the Technical Proposal to address each area of the Technical Proposal Evaluation to allow the evaluation team to make a fair assessment of the candidates and their proposal.
2.3 PUBLIC OPENING OF PROPOSALS
There will not be a public opening of the Technical Proposal. An internal WELTHUNGERHILFE Bidding Committee will open the Technical Proposals at the stipulated opening date and time mentioned above. Acknowledgements of Proposals from participating Institutions/Contractors will communicated in writing by 26 March 2019. A Technical Evaluation Panel will then review all proposals.
Following successful conclusion of the Technical Proposal, the Financial Proposals of Institutions/Contractors that have obtained the minimum qualifying points for their Technical Proposals will be invited to attend the public opening of the Financial Proposals currently planned 28 March 2019. Qualifying Institutions/Contractors may attend this public opening or send an authorized representative with appropriate identification to attend the public opening of the Financial Proposal. Please note that this is a tentative date and the Financial Opening could be conducted earlier or later depending upon the time taken by the Technical Evaluation Panel to complete the Technical Evaluation.
Institutions/Contractors should note that the opening of the Financial Proposal is the only time and place where information related to pricing from competitors will be made publicly available.
The Financial Proposals will be combined with the evaluation results of the Technical Proposal for a final adjudication to identify the Best and Final Offer (BAFO) no later than 15 April 2019 (tentative date).
2.4 REQUEST FOR INFORMATION
All requests for information/clarification or queries concerning this RFP must be forwarded via e-mail to [email protected] to Supply & Logistics Section, with specific reference to the RFP number and subject. A copy of the request for information should be emailed to [email protected]; [email protected] and [email protected]
Only written or email enquiries will be entertained. Please be informed that if the question is of common interest, the answer will be shared with all potential RFP Institutions/Contractors.
All efforts will be made to provide additional information expeditiously, but any delay in providing such information will not be accepted as a reason for extending the submission
date of this RFP. Requests for additional information/clarifications should reach WELTHUNGERHILFE no later than 15 March 2019. Requests for additional information/clarifications received after this date may not be addressed.
2.5 RFP RESPONSE
Formal submission requirements The formal submission requirements as outlined in this Request for Proposal must be followed, e.g. regarding Proposal Form, timing of submission, marking of the envelopes, etc.
Mandatory criteria All mandatory (i.e. must/have to/shall/should) criteria mentioned throughout this Request for Proposal have to be addressed and met in your proposal.
TECHNICAL PROPOSAL The Technical Proposal should address all aspects and criteria outlined in this Request for Proposal, especially in the Terms of Reference detailed in Section 1.0 of this Request for Proposal. WELTHUNGERHILFE welcomes new ideas and innovative approaches. Technical Proposals must be complete and provide all relevant support documentation to enable the RFP Evaluation Team to adequately assess and evaluate the Proposal.
At a minimum, the Technical Proposal must include:
a) Completed profile form provided in Annex 4: "Technical Capabilities of Drilling Companies." b) Copy of Certificate of Incorporation as proof that your company is legally registered as a Zimbabwean Company and can work and drill boreholes in Zimbabwe. Equivalent certification or proof of registration in progress could be considered. c) Copy of License from Government to operate as a drilling company in Zimbabwe as available. d) Company registration, VAT certification and Current Tax Clearance Certificate. e) Physical Location of offices and workshop/warehouse with telephone, fax and e- mail address. f) Declaration of "no pending law suits." g) Copy of Insurance policy (legal liability insurance and insurance coverage for goods under transport). h) Copy of the audited financial statements for last two years (balance sheet and income statement).
i) Description of the services offered. j) Information on the expertise and capabilities of the organization submitting the proposal. k) Number of employees and organizational chart (refer to Annex 4: "Technical Capabilities of Drilling Companies.") l) Brief list of equipment and support vehicles with registration numbers (refer to Annex 4: "Technical Capabilities of Drilling Companies.") m) Please provide in a tabular form the number of teams you will form for this contract. For each team, list the equipment and key personnel that will be involved. For casual labor, mention the numbers that will be employed. Use a Gantt chart for each team to indicate the projected timeframe of, in what time you intend to complete the works (refer to Annex 6: "TECHNICAL SPECIFICATION AND PROCEDURES FOR DRILLING BOREHOLES,") n) Expertise and experience of proposed personnel (refer to Annex 4: "Technical Capabilities of Drilling Companies.") o) CVs of key personnel to be involved in implementation of the Contract. List of current clients with particular emphasis on international and humanitarian organizations. p) Compliance with WELTHUNGERHILFE (WHH) General Terms and Conditions (signed Proposal Form.)
To guide contractors in preparing their Technical Proposal, WELTHUNGERHILFE (WHH) has prepared a template which can serve as guidance to contractors (refer to Annex 6 - Technical Proposal Info Template). This template is meant to guide contractors to ensure that all minimum requirements and information necessary to review their proposal is included in their Technical Proposals. It is not mandatory for Contractors to follow this format. Contractors should ensure that their proposal includes all of the relevant information as suggested in the Technical Proposal Info Template.
No financial/price information should be contained in the technical proposal.
CONTRACTOR’S MEETING FOR CLARIFICATION
To provide the best opportunity for the Contractors to clarify issues with WELTHUNGERHILFE and DWSSC and to interact with the Project technicians, WELTHUNGERHILFE and DWSSCs will be available for any consultation regarding this proposal at all the Mt Darwin, Rushinga and Shamva Rural District Council project offices in these respective districts
FINANCIAL PROPOSAL
The Financial Proposal must include costs for all the services to be provided including aspects mentioned in TABLE 1 - EVALUATION ASSESSMENT CRITERIA. The currency of the Financial Proposal must be in US Dollars.
Institutions/Contractors must utilize the Financial Proposal Table (format) provided in Annexes 4-14 when preparing and submitting their Financial Proposals against this RFP.
The Institutions/Contractors will be responsible for its own travel costs within Zimbabwe to conduct the field visits. Institutions/Contractors must submit rates for complete drilling operations and complete all tables provided in Annexes 3A: Financial Proposal Table. The number of boreholes to be drilled is provided, along with the targets in the district (refer to Annex 3B: “Financial Proposal Explanatory Notes” for details). It is mandatory that Institutions/Contractors submit all requested rates in Annex 3A: Financial Proposal Table, failure to do so will invalidate the proposal.
Please note that payment will be made only on productive boreholes meeting the specification and terms and conditions as detailed in Annex 6: “TECHNICAL SPECIFICATION AND PROCEDURES FOR DRILLING BOREHOLES” and deemed satisfactory by DWSSC and WELTHUNGERHILFE. No payment will be made for “Dry,” “Lost” or “Abandoned” boreholes. Please refer to Annex 6: “TECHNICAL SPECIFICATION AND PROCEDURES FOR DRILLING BOREHOLES,” Sections 12 and 13 for details. Payment will be made for the actual volume of works done in each borehole using the unit rate quoted in the financial proposal.
In addition to Annex 5: “SPECIFIC TERMS AND CONDITIONS OF CONTRACT”, sub‐ article 5: “Payment”, Contractors are requested to propose a reasonable and realistic payment schedule and payment terms in accordance with the work assignment and deliverables herein, as part the RFP response. All payment schedules and terms will be subject to and must be in line with global WELTHUNGERHILFE policies and procedures.
Information, which the contractor considers proprietary, should be clearly marked "proprietary", if any, next to the relevant part of the text. All information provided by the contractor will be treated as confidential and used for WELTHUNGERHILFE’s internal purposes only.
Checklist to guide Institutions/Contractors in submission of proposals:
/2019/...... PROPOSAL FORM filled in and signed
Envelope for technical proposal • Technical proposal • CD with electronic files
• /2019/...... PROPOSAL FORM • NOTE: Technical proposal does not contain prices • Envelope is sealed • Envelope is marked as follows: Name of company, RFP number and subject, opening date and time, “Technical Proposal”
Envelope for Financial Proposal • Financial proposal • CD with electronic files • Envelope is sealed • Envelope is marked as follows: Name of company, RFP number and subject, opening date and time, “Financial Proposal”
1 outer enveloped • Containing Technical Proposal Envelope and Financial Proposal Envelope • Envelope is sealed • Envelope is marked as per details in 2.1
2.6 CORRECTIONS, MODIFICATION AND WITHDRAWAL
Erasures or other corrections in the proposal must be explained and the signature of the contractor shown alongside. Institutions/Contractors are expected to examine all instructions pertaining to the work. Failure to adequately cover all technical and financial aspects will be at the contractor’s own risk and disadvantage.
All changes to a Proposal must be received prior to the closing time and date. It must be clearly indicated that it is a modification and that it supersedes the earlier Proposal or states the changes from the original Proposal.
Proposals may be withdrawn on written or faxed request received from Institutions/Contractors prior to the opening time and date. Negligence on the part of the Contractor provides no right for the withdrawal of the Proposal after it has been opened.
2.7 VALIDITY OF PROPOSALS
Proposals should be valid for a period of not less than 90 days after RFP opening, and must be signed by an authorized representative of the Contractor in question. Proposals must indicate the period of validity as WELTHUNGERHILFE (WHH) reserves the right to consider or award additional contracts against the Best and Final Offer (BAFO) if requests for identical services are received during the validity period of the Proposal. WELTHUNGERHILFE (WHH) may also request the validity period to be extended if necessary.
2.8 DISCOUNTS AND PAYMENT TERMS
WELTHUNGERHILFE’S standard payment terms are net 45 days after delivery of contractual milestones agreed to in the Contract, acceptance of the deliverables by WELTHUNGERHILFE, and DWSSC Technical Teams in Each District and receipt of Company’s Invoice in duplicate. Payment will be effected by bank transfer in the currency of billing. The Financial Proposal submitted must include the Institution/Contractor’s Payment Terms and Conditions as well as the desirable Payment Schedule with dates.
2.9 LATE DELIVERY Without limiting any other rights or obligations of the parties hereunder, if the contractor will be unable to deliver the services by the delivery date stipulated in the Contract, the contractor shall (I) immediately consult through written emails with WELTHUNGERHILFE and The DWSSC Technical Team members to determine the most expeditious means for delivering the services and (ii) use an expedited means of delivery, at the contractor’s cost, if reasonably so requested by WELTHUNGERHILFE and its Partners (RDCs of Mt Darwin, Rushinga and Shamva Districts represented by their technical Teams.)
2.10 FAILURE TO PERFORM In case of failure by the contractor to perform under the terms and conditions of the Contract, WELTHUNGERHILFE in liaison with the respective DWSSC Technical Teams may, after giving the contractor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:
a. Procure all or part of the services from other sources, in which event WELTHUNGERHILFE (WHH) may hold the contractor responsible for any excess cost occasioned thereby. In exercising such rights WELTHUNGERHILFE shall mitigate its damages in good faith; b. Refuse to accept delivery of all or part of the services; c. Terminate the Contract without any liability for termination charges or any other liability of any kind; d. For late delivery of services or for services which do not meet WELTHUNGERHILFE’s terms of reference/statement of work and are therefore rejected by
WELTHUNGERHILFE and its Partners Respective RDCs), WELTHUNGERHILFE will claim liquidated damages from the contractor and deducts 0.5% of the value of the services pursuant to a Contract per additional day of delay, up to a maximum of 10% of the value of the Contract. The payment or deduction of such liquidated damages shall not relieve the contractor from any of its other obligations or liabilities pursuant to this Contract.
2.11 RIGHTS OF WELTHUNGERHILFE
Intellectual Property Rights to be specified in the Contract:
1. All intellectual property rights with regard to material which bear a direct relation to or is made in consequence of, the services provided by the contractor in compliance with the requirement of any contract arising from this RFP, including those related to any programming or innovations used, reports and documents shall be considered the property of WELTHUNGERHILFE.
2. Institutions/Contractors may only use the official logo and name of WELTHUNGERHILFE/its funding partners in connection with this Contract and with the prior written approval of WELTHUNGERHILFE.
Rights pertaining to the RFP and competitive bidding process:
This RFP, along with any responses there to, shall be considered the property of WELTHUNGERHILFE and the responses will not be returned to their originators.
WELTHUNGERHILFE reserves the right to accept any proposal, in whole or in part; or, to reject any or all proposals. WELTHUNGERHILFE reserves the right to invalidate any Proposal received from a contractor who has previously failed to perform properly or complete contracts on time, or a Proposal received from a contractor who, in the opinion of WELTHUNGERHILFE, is not in a position to perform the contract. WELTHUNGERHILFE shall not be held responsible for any costs incurred by the contractor in preparing the response to this Request for Proposal. The contractor agrees to be bound by the decision of WELTHUNGERHILFE as to whether her/his proposal meets the requirements stated in this Request for Proposal.
WELTHUNGERHILFE will treat in confidence those parts of the RFP proposal that are marked "Confidential" by the contractor.
Specifically, WELTHUNGERHILFE reserves the right to: • Contact any or all references supplied by the contractor
• Request additional supporting or supplementary data (from the contractor) • Arrange interviews with the proposed project team/consultants • Visit and inspect the contractor’s premises • Reject any or all of the proposals submitted • INVALIDATE any Proposal received from any contractor who, in the opinion of WELTHUNGERHILFE, is not in a position to perform the Contract • Accept any Proposals in whole or in part • Negotiate with the service provider(s) who has/have attained the best rating/ranking, i.e. the one(s) providing the overall best value proposal(s); • Contract any number of Institutions/Contractors as required to achieve the overall evaluation objectives
2.12 EVALUATION OF PROPOSALS
After the opening of the RFP, Technical Proposals will be evaluated by a multidisciplinary Technical Evaluation Panel. The Technical Evaluation will be restricted to the contents of the Technical Proposal and supporting documents submitted.
Evaluation of the Technical Proposal will be completed prior to evaluation of the Financial Proposal. The Proposal must contain complete documentation and information required for WELTHUNGERHILFE to comprehensively evaluate each Proposal in accordance with the Evaluation Assessment Criteria contained in Table 1.
The Technical Proposal has a total possible evaluation value of 600 points. Technical Proposals receiving 450 points or higher, will be considered technically compliant and the relevant Financial Proposal will be opened. Proposals, which are not considered technically compliant and non-responsive, will not be given further consideration.
The total number of points allocated for the Financial Proposal is 400. Points will be awarded on the basis of the best overall value. The Financial Evaluation will consider not only costs, but also review the items listed in the Financial Proposal Evaluation Assessment Criteria contained in Table 1. The Proposal must contain a payment schedule for the Contract, linked to unambiguous Contract milestones/deliverables. All prices/rates quoted must list/state all taxes separately as applicable as WELTHUNGERHILFE is entitled to local tax reimbursement against proof of payment. Institutions/Contractors that incur tax-related expenditure in Zimbabwe will be reimbursed such expenses at the time of payment as long as the relevant taxes are listed as a separate item on the Invoice. Presentation, details and clarity of Financial Proposals will influence the final assessment.
In addition to the Technical and Financial Evaluations, WELTHUNGERHILFE reserves the
right to conduct an independent, administrative validation exercise to ensure that potential Institutions/Contractors meet the minimum legal, financial and structural suitability requirements. Institutions/Contractors that do not meet such requirements could be disqualified.
The most-favored Proposal will be selected on the basis of the Best and Final Offer (BAFO) to WELTHUNGERHILFE in terms of both Technical and Financial Scores.
All references to descriptive material and brochures should be included in the appropriate response paragraph, though the material/documents themselves may be provided as annexes to the Proposal.
The contractor must also provide sufficient information in the Proposal to address each area of the Evaluation Assessment Criteria in Table 1 to allow the evaluation team to make a fair assessment of the individual/company and their capacity to execute the services offered in the Proposal.
Information, which the contractor considers proprietary, should be clearly marked "proprietary", if any, next to the relevant part of the text, and WELTHUNGERHILFE will treat such information accordingly.
FINANCIAL PROPOSAL
The total amount of points allocated for the Financial Proposal is 400. The maximum number of points will be allotted to the lowest Financial Proposal that is opened and compared among those invited firms/Institutions/Contractors that obtain the required threshold points in the technical component and was considered technically compliant. The remaining price proposals will receive points in inverse proportion to the lowest price.
The weights given to the technical and financial proposals are 60:40 . The Contractor with the lowest price will be given the maximum weighted price score of 40%.
The formula for determining the financial score is the following:
Financial Score = Lowest priced offered in RFP x 100 x 0.40 “Price of Contractor’s Offer”
2.13 RFP AND DESIRABLE CONTRACT IMPLEMENTATION SCHEDULE
The schedule of the contractual process and targeted dates for execution of this RFP are as follows, subject to revision depending on program and government partners’ priority and availability:
1) Last date to request clarifications/further information on RFP: .…15 March 2019. 2) Contractor’s Meeting For Clarification - ……19 March 2019 3) Closing date of Proposal (RFP) submission: …26 March 2019 4) Opening of Technical Proposals: ……26 March 2019 5) Acknowledgement of receipt of Technical Proposals to Participating contractors: …26 March 2019 COD 6) Clarifications and fine tuning of Technical Proposals by Technical Evaluation Panel: 27 March 2019 7) Public opening of Financial Proposals (tentative): …28 March 2019(tentative date) 8) Contract award notification to selected institution/contractor: 15 April 2019 (tentative date) 9) Implementation date to start contract work: to be mutually agreed depending upon details of Proposals. 10) Completion of all contracted works as indicated in the Terms of Reference and this RFP: approximately 4 months after signing of Contract. The actual work plan and schedule will be established based on the successful Proposal.
Institutions/Contractors are encouraged to submit realistic timeframes closely linked to the period of time when the team of proposed consultants is available to undertake this project. Preparation time required to start implementation of Contract action should be mentioned in your response.
2.14 FULL RIGHT TO USE AND SELL The contractor warrants that it has not and shall not enter into any agreement or arrangement that restrains or restricts WELTHUNGERHILFE, its’ Partners (RDCs) or the recipient Government’s rights to use, sell, dispose of or, otherwise, deal with any item that may be acquired under any resulting Contract.
2.15 ETHICS, UNETHICAL BEHAVIOUR, CORRUPT AND FRAUDULENT PRACTICES WELTHUNGERHILFE strictly enforces a policy of zero tolerance concerning unethical, unprofessional or fraudulent acts. Accordingly, companies or individuals that are found to have undertaken unethical, unprofessional or fraudulent activities will be suspended or forbidden from business relations with WELTHUNGERHILFE.
WELTHUNGERHILFE requires that all Institutions/Contractors associated with this Request for Proposal observe the highest standard of ethics during procurement and execution of the work, fully complying with international Codes of Conduct and in particular, but without limiting the foregoing. Institutions/Contractors are expected to conduct themselves in a manner consistent with the Standards of Conduct in the International Civil Service, WELTHUNGERHILFE Standards of Electronic Conduct and the requirements set
forth in the Secretary General's Bulletin on Special Measures for Protection from Sexual Exploitation and Sexual Abuse, both of which are incorporated by reference into the contract between the Institution and WELTHUNGERHILFE
In pursuance of these policies WELTHUNGERHILFE a. Defines for the purpose of this provision the terms set forth as follows: i. corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in the execution of a contract, and ii. 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 client, and includes collusive practice among Institutions/Contractors (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the client of the benefits of free and open competition; b. Will reject a proposal for award if it determines that the selected contractor(s) have engaged in any corrupt or fraudulent practices in competing for the contract in question; c. Will declare a contractor ineligible, either indefinitely or for a stated period of time, to be awarded a WELTHUNGERHILFE-financed contract if at any time it determines that it has engaged in any corrupt or fraudulent practices in competing for, or in executing a WELTHUNGERHILFE-financed contract.
2.16 GUIDELINES ON GIFTS AND HOSPITALITY Institutions/Contractors shall not offer gifts or hospitality to WELTHUNGERHILFE staff members. Recreational trips to sporting or cultural events, theme parks or offers of holidays, transportation, or invitations to extravagant lunches or dinners are also prohibited.
2.17 CONTRACTUAL TERMS AND CONDITIONS
The WELTHUNGERHILFE General Terms and Conditions for Institutional/Corporate Contracts included, as Annex 9 to this RFP will form part of any contract resulting from this RFP. A WELTHUNGERHILFE Institutional Contract will be awarded to the successful contractor.
2 TABLE 1: EVALUATION ASSESSMENT CRITERIA
Table 1 - Evaluation Assessment Criteria Max. Points
Technical Proposal
OVERALL RESPONSE
1 (Understanding of and responsiveness to WELTHUNGERHILFE’s requirements and completeness of 30 documents)
1.1 Signed Proposal Form completed and attached 5
1.2 Understanding of the requirements of the RFP demonstrated with clarity and completeness of the Proposal 25
Company profile
2 100 Company Profile assessment will include but is not limited to an assessment of the documents and other information submitted in Annex 15: “Technical Capability of Drilling Companies”
2.1 Is the company registered in Zimbabwe (Certificate of Incorporation as Zimbabwean Company mandatory) 10
2.2 Does the Company have a license from ZINWA to carry out drilling operations in Zimbabwe? 10
2.3 Organizational structure/ table with CVs of key support personnel who will work on this project. 10
2.4 Tax registration certificate from ZIMRA and Current Tax Clearance Certificate 5
2.5 Does the company have any pending lawsuits, if no Attach a declaration of no pending law suits 10
2.6 Company has consolidated annual financial accounts for last two years 10
List of clients and contact numbers for whom you have completed major projects in the last three (3) years(List only clients for whom you have drilled 10 (Ten) or more boreholes) with National or International 2.7 15 organizations(Mention agency, year work done and number of boreholes, drilled or rehabilitated, total value of contract)
Has drilled boreholes or rehabilitated hand pump facilities for WELTHUNGERHILFE in the last five (5) years 2.8 30 (Mention year, work done - like number of boreholes drilled or rehabilitated, total value of contract)
3 Implementation and Operational Methodology: 100
Description of Implementation and operational methodology and approach to work assignment.
Any description of how the work will be done and completed and in how many days in the proposal / 3.1 75 covering letter
3.2 Table to show list of teams that will be employed (sitting, drilling, pump test, civil works, pump installation) 25
4 Human Resources Capacity 150
Have qualified / trained person to undertake geophysical Surveys for site location (Name, qualification, years 4.1 20 of experience and attach his CV)
Have a hydro geologist/ geologist or trained person to prepare and interpret Litho logical logs, drill time logs 4.2 and recommend well assembly and proper well development techniques (Mention name, highest degree & 20 years of experience).
Have experienced trained drillers, to operate drilling rigs, compressors etc. (Give numbers, names, 4.3 50 qualification , experience ; attach CV of all.
Have qualified/ trained Mechanic to repair rigs, compressor etc. Give names, years of experience. Attach 4.4 10 CVs,
How many drilling rigs including Mud Drilling equipment, compressors, pump testing equipment you will 4.5 employ for this work? (on separate page list equipment & names of team members who will operate, 50 number ). On a time-line, show the number of boreholes each rig will do and complete lots you have bid.
5 Capacity in terms of equipment and consumables to drill in different formations: 150
Number of DTH rigs (with a capacity to drill to beyond 100 meters at 8" diameter) that are in good working 5.1 45 conditions and owned by the company (List Make and Model)
Number compressors in good working condition owned by company (list Make, model and Capacity in CFT) 5.2 45 -Minimum should be 750 CFT.
List the type, sizes and number of drill bits and Hammers you have in stock. Also, include here the temporary 5.3 15 steel casings you have, diameter and numbers)
5.4 Number of 140 mm Class 10 borehole type casing in stock 10
5.5 Number of stabilizers on drill string to drill large diameter borehole that is vertical. 10
5.6 Number of mud pumps with a capacity to drill beyond 100 meters 15
Have experience and appropriate equipment to undertake foam drilling (Yes/No); Mention number of 5.7 10 boreholes drilled with foam in last two years.
6 Capacity to carry out Pump test and install hand pumps. 30
Type of equipment and discharge capacity to undertake pumping test and recovery test (Maximum liters/sec 6.1 10 and minimum yield Liters/ sec).
Have qualified person to undertake pumping test and interpret its results (If yes mention his name, 6.2 10 qualification; years of field experience and attach his CV for details)
Have a separate team with trained people to install Hand pump and construct apron (List Names of team 6.3 10 members)
4.6 Support Vehicle Capacity 30
Number of heavy trucks (Off road and all weather) in good working condition (mention capacity, registration 4.7 10 and Engine Number)
Have a separate pick up or truck mounted with pump testing equipment (registration number & Engine 4.8 10 number)
4.9 Number of other support vehicle (mention capacity, registration number, and Engine number) 10
5 Availability to start work immediately. 10
Contractor has capacity to mobilize and start work within two weeks from the date of signing 5.1 10 contract.(mention which are ongoing works, which equipment is in use)
Maximum Possible Technical Score 600
TECHNICAL COMPLIANT SCORE TO QUALIFY
400 For the proposal to be considered technically compliant, the proposer must achieve a minimum score of 500 points. Proposals, which do not meet the minimum score will be considered technically non-compliant and will not qualify to move to next stage to have their Financial Proposal opened. In addition, clarity and completeness of presentation will be considered during the evaluation.
2 Financial Proposal Max Points
2.1 Financial Scores 400
Total Technical and Financial 1000
3 ANNEX 1: CONTRACTOR’S EXPERIENCE AND REFERENCE FORM
As part of the Technical Proposal, please provide information on minimum 1-3 assignments for which your institution and your institution’s personnel were legally contracted during the last 3 years either individually as a corporate entity or as one of the major Institutions/Contractors within an association, for carrying out services related to the assignment outlined in this advertisement. Experience with WELTHUNGERHILFE, other UN Agencies, Government, other bilateral and multi-lateral development agencies and international NGOs should be included.
Project # 1
Name of Client and reference contact address/email:
Assignment name: Duration of assignment (months):
Start date (month/year):
End date (month/year):
Approx. value of the contract (in USD): Total number of staff of the assignment:
Narrative description of Project: (attach sample of final report/publication if applicable)
Project # 2
Name of Client and reference contact address/email:
Assignment name: Duration of assignment (months):
Start date (month/year):
End date (month/year):
Approx. value of the contract (in USD): Total number of staff of the assignment:
Narrative description of Project: (attach sample of final report/publication if applicable)
Project # 3
Name of Client and reference contact address/email:
Assignment name: Duration of assignment (months):
Start date (month/year):
End date (month/year):
Approx. value of the contract (in USD): Total number of staff of the assignment:
Narrative description of Project: (attach sample of final report/publication if applicable)
4 ANNEX 2A: ALLOCATION OF BOREHOLES Locations for Borehole drilling - Target District Lot no. Province District Target
Lot 1 Mashonaland Central Mt Darwin 16
Lot 2 Mashonaland Central Rushinga 16
Lot 3 Mashonaland Central Shamva 13
Total : 45
4.1 ANNEX 2B: BOREHOLE DRILLING VILLAGE LOCATIONS
Lot 1: BOREHOLE SITES FOR Mt DARWIN DISTRICT 2019 FINAL Proposal Original Revised Water Points NO SITE WARD Water Points 1 Kanyoka Pry 11 Yes 2 Tsenga village 5 Yes 3 Pachanza Village 11 Yes 4 Tsamvi pry 3 Yes 5 Nymazizi Pry 12 Yes 6 Chitumbuko Pry 10 Yes 7 Marira c 9 Yes 8 Kambanje 32 Yes 9 Kambanje 2 32 Yes 10 Maodza village 37 Yes 11 Marombe Burayi 19 Yes 12 Mushongazhou 23 Yes 13 Chivisi village 37 Yes 14 Munyeperi village 38 Yes 15 Muwayure village 11 Yes 16 Manyika village 14 Yes
Lot 2: BOREHOLE SITES FOR RUSHINGA DISTRICT 2019 FINAL Proposal Original Revised Water Points NO SITE WARD Water Points 1 Charamba Village 2 Yes 2 Chimandau 3 Yes 3 Kamanura 4 Yes 4 Nyanhowo 15 Yes 5 Kanyama 6 Yes 6 Manyozo 7 Yes 7 Dambakurima 8 Yes 8 TUNGWENGWE 18 Yes 9 Gutsa 10 Yes 10 Katakura Secondary 8 Yes 11 Chaparadza primary 16 Yes 12 Jiwa primary 8 Yes 13 Matoto Primary 22 Yes 14 Katoni secondary 23 Yes 15 Nyamuzeya primary 2 Yes 16 Musvaire Primary 12 Yes
Lot 3: BOREHOLE SITES FOR SHAMVA DISTRICT 2019 FINAL Proposal Original Revised Water Points NO SITE WARD Water Points 1 Mukwari Primary School 14 Yes 2 Soma Primary School 18 Yes 3 Rustington Primary 17 Yes 4 Pfumvuti Primary School 17 Yes 5 Nyamahumbe Primary 17 Yes School 6 Kushinga Village 14 Yes 7 Mbambe Village 11 Yes 8 Chigwida Village 11 Yes 9 Musariranwa Village 11 Yes 10 Marira Village 11 Yes 11 Zindi Village 11 Yes 12 Sindura Village 12 Yes 13 Nyamayaro Village 12 Yes
5 ANNEX 2C: BOREHOLE DRILLING PRE-SITE LOCATIONS (TBA)
Pos War Village/Sch Name of Water point Pre-site 1 Pre-site 2 Pre-site 3 d ool Lat S. Long E. Lat S. Long E. Lat S. Long E.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
45
31
• ANNEX 3A: FINANCIAL PROPOSAL TABLE – MT DARWIN, RUSHINGA AND SHAMVA DISTRICTS
Complete this column only Schedule Of Rates: [Insert Your Company's Name] Unit Quantity Total cost No Activity Cost In Units per in US$ US$ borehole
1 Mobilization & demobilization and Site selection:
Initial Mobilization and Demobilization from base to 1.1 district towns and back, Prorate per borehole for that Borehole 1 Lot. Mobilization Between sites ( per Kilometer(s) in the 1.2 kilometer 40 district
LS for 1.3 Technical verification of the sites by Geophysical survey 1 Borehole
Sub. Total for Mobilization and Site selection:
2 Borehole drilling & completion.
Installation of temporary casing, drilling of pilot borehole,
2.1 reaming, and install 140mm Class 10 PVC casing and 60 rate/meter gravel packing LS for 2.2 Well development for 3 hours and disinfection with HTH 1 borehole
2.3 Pump testing and recover test for 7 hours Hour 8
Reaming 6 meters to 10 inches diameter, install steel LS for 2.4 1 casing, grouting for sanitary protection & foundation. Borehole
LS for 2.5 Chemical and Bacteriological water quality testing 1 Borehole All civil works related with Bush type ‘B’ hand pump LS for 2.5.2 transportation and installation, construction of apron, 1 Borehole drainage & cleaning & leveling of area around pump LS for 2.5.3 Construction of a Small waste water collection pond 1 Borehole Sub Total of Borehole drilling and completion:
3 Supply of materials by the contractor
3.1 140mm UPVC casing class 10 ( see spec. for details) Meter 51
3.2 140mm UPVC screen class 10( see specs for details) Meter 9 3.3 3 metre 6”steel casing (4mm thick) with spikes Meter 3
3.4 End Cap for sand trap and cap at open end at top Piece 1
Total cost of one borehole with services and materials:
Total Number of boreholes 45
Total cost of all 45 Boreholes Additional Costs to be applied based on actual final Unit Quantity Cost in drilling and only applicable when relevant. Prior 4 Cost In Units per US$ per approval of WELTHUNGERHILFE is required prior to US$ borehole meter implementation and conclusion NOTE: This section covers additional works when drilling goes beyond average 60 meters as mentioned in 2.1 or when it is necessary to utilize steel casing. Contractors are requested to quote individual rates per meter. This rate will be calculated and included when the borehole works is completed and when the final Invoice is being prepared. Installation of temporary casing, drilling of pilot borehole, reaming, and install 140mm Class 10 PVC casing and 4.1 gravel packing. BEYOND 60 METERS rate/metre This item complements Item 2.1
4.2 6" steel casing 4mm thickness (if required) Meter rate only
Optional Estimated VAT costs on services and Material cost for all boreholes in US$: NB: Section 4 will only be applicable as and when the context requires and shall be upon prior approval by WELTHUNGERHILFE.
6 ANNEX 3B: FINANCIAL PROPOSAL EXPLANATORY NOTES
SCHEDULE OF UNIT COSTS: EXPLANATORY NOTES
Financial proposals must be submitted in the standard format provided in the table below, in which all major works involved are listed. The contractor should consider and cost all minor tasks, works or supplies needed to complete the major works. The Contractor should complete only the “Unit Cost in US$” column. The Contractor will not be able to add any new budget lines. If the Contractor considers that some works may be missing, then the Contractor should find the nearest appropriate budget line and include the cost into that line item. Minor items needed to install Type “B” Bushpumps, such as Teflon tapes for fixing pump rods, Plumbers delight/compound used to join steel riser pipes, grease to install Type “B” Bushpumps, sand, cement and reinforce wire/rods for apron construction, curing of aprons constructed for at least 7 days and others that will be used, will be included in the cost quoted for that major component of works.
Payments will be made as per the actual works done and quantities of materials used. However, for comparison of bids, taking average values, a hypothetical model borehole is considered and evaluated for comparison of bids.
Item 1.1: For mobilization & demobilization, estimate the total cost to reach from your base to all the project sites in Mt Darwin, Rushinga and Shamva Districts in Mashonaland Central
province. (see Annex 2B: “Locations for Boreholes” for a list of all the villages and pre-sites in the district). The total cost estimated for each district is then prorated per borehole, i.e. total cost divided by the number of boreholes in the lot = mobilization rate that will be chargeable per borehole. No additional mileage cost will be charged as part of mobilization.
Item 1.2: Average distance between sites within Mt Darwin, Rushinga and Shamva Districts has been taken as 40 kilometers.
Item 1.3: Contractors are expected to use geophysical survey methods, i.e. electromagnetic, resistivity etc. It must be noted that the traditional methods of water divining may only be used as a preliminary investigation tool but all sites have to be confirmed using professional geophysical methods which should be submitted for analysis to WHH and its Partners before drilling is done. Item 2.1: This item includes all works related to well completion. Installation of temporary casing, pilot borehole, if successful reaming to required diameter to install 140 mm PVC casing and screens, gravel pack and back fill. For this process, one rate per meter is quoted. The minimum depth of any borehole shall be 40 meters and maximum expected to be 100 meters. In the event that drilling goes beyond the basic average minimum of 60 meters, Contractors can quote a second rate for works beyond 60 meters in Item 4.1 of the form. Item 4.1 compliments Item 2.1 and will be applied as applicable. Item 2.2: Cost of borehole development for three hours as well as disinfection with HTH solution. Item 2.3: This is the cost of conducting pumping test including one hour of step draw down test, one hour of recovery after the step draw down, 4 hours of continuous test and one hour of recovery test (Seven hours testing for boreholes to be fitted with Type “B” Bushpumps). Boreholes that are high yielding and recommended for motorization will be yield tested for 48 hours. After conducting the step drawdown tests the borehole should be allowed to recover almost to the original static water level (1 hour) before the constant yield test is undertaken continuously for 4 hours at the chosen/predetermined rate. Item 2.4: This is the total cost of labor and materials for civil works to install steel casing, reaming of boreholes to a depth of 6 meters at a diameter of 45 mm for concrete sanitary protection, installation of a 3 meter of 6” steel casing, foundation, welding of 3 x 20 centimeters long steel rods of minimum diameter of 12 mm around the steel casing to secure casing firmly in the concrete foundation. These 12 mm reinforcement steel rods will be welded 80 cm from the top of the casing to allow for adequate height for mounting the hand pump. This item includes all cost except for the steel casing, which is charged separately. Item 2.5.1: Not applicable to this RFP. Item 2.5.2: This covers cost of labor and materials for transportation and installation of the bushpump, head-works construction, reinforcement net, cement, sand and stones. Cost of watering the apron for 7 days for curing also to be included. Head-works construction will be guided by the Head-works Manual, which forms part of this contract. Item 2.5.3: This covers cost of labor and materials for construction of a small waste water pond/soak-away pit at the end of the spillway. The small waste water pond will be in the form agreed by WHH and its Partners (RDCs) or for a circular soak-away will be in the form of a ring
beam of brick or concrete at the end of the spillway whose pit will have a minimum diameter of 1,2 meters and a depth of at least 60 cm. The pit will be filled with river sand for a depth of 40 cm while the remaining 20 cm will be filled with stone aggregate or gravel of about 20 mm dimensions. (Please refer to Head-works Manual)
Items 3.1 to 3.4: This is cost of materials supplied by contractor: bottom cap, UPVC casing, screen, Average casing used is estimated to be 48 meters and 12 meters of screen in Mt Darwin, Rushinga and Shamva Districts . Item 4: Covers additional works conducted when drilling goes beyond the average 60 meters as mentioned in 2.1 or when it is necessary to utilize steel casing. Contractors are requested to quote individual rates per meter for these items. These rates will be calculated and applied based on actual final drilling when the borehole works is completed and when the final Invoice is being prepared. Prior approval of WELTHUNGERHILFE is required. These figures will be used to compare bids for each lot. However, payments will be made on the actual works done in each borehole using the unit cost quoted. It is not necessary to include the costs of VAT charges in your financial proposals. However, VAT charges can be invoiced and debited as a separate additional item on all invoices at the time of payment for both Materials & Services costs. .
7 ANNEX 4: TECHNICAL CAPABILITIES OF DRILLING COMPANIES
Please refer to and complete the separate MS Word file attached to this RFP. Use additional pages as necessary
TECHNICAL CAPABILITIES OF DRILLING COMPANIES
FOR DRILLING OF BOREHOLES AND EQUIPPING WITH TYPE “B” BUSHPUMPS ON DRILLED BOREHOLES
1 Company Contact Details:
1.1 Company Name:
1.2 Physical Address:
1.3 Telephone numbers ( land line):
1.4 Cell Numbers:
1.5 E-mail address:
2 Capacity to drill in hard rock formations:
Number of DTH rigs that are in good working conditions and owned 2.1 by the company (List Make and Model)
Number compressors in good working condition owned by company 2.2 (List Make, model and Capacity in CFT).
Have capacity to drill in hard rock formations, install temporary casing to drill / ream boreholes to 8 inches to Install 6 inches casing. (Yes/No), 2.3 List the type and number of drill bits you have in stock. Also, include here the temporary steel casings you have, diameter and numbers)
Have stabilizers on drill string to drill large diameter borehole that is 2.4 vertical. (Yes/No)
Have experience and appropriate equipment to undertake foam 2.5 drilling (Yes/No); Mention number of boreholes drilled with foam in last two years.
3 Capacity to do Pump test and install Type “B” Bushpumps.
Type of equipment and discharge capacity to undertake pumping test 3.1 and recovery test (Maximum liters/sec and minimum yield Liters/ sec).
Have qualified person to undertake pumping test and interpret its 3.2 results (If yes mention his name, qualification; years of field experience and attach his CV for details)
Have a separate team with trained people to install Hand pump and 3.3 construct apron (List Names of team members)
4 Support Vehicle Capacity
Number of trucks in good working condition (mention capacity, 4.1 registration and Engine Number)
Have a separate pick up or truck mounted with pump testing 4.2 equipment (registration number & Engine number)
Number of other support vehicle (mention capacity, registration 4.3 number, and Engine number)
TECHNICAL CAPABILITIES OF DRILLING COMPANIES
FOR DRILLING OF BOREHOLES AND EQUIPPING WITH TYPE “B” BUSHPUMPS ON DRILLED BOREHOLES
Technical Capacity ( Under this mention for each person Name, 5 highest degree and years of experience)
Have qualified/trained person to undertake geophysical Surveys for 5.1 site location. Provide name, qualifications, years of experience and attach CVs.
Have a hydro geologist/ geologist or trained person to prepare and interpret Litho logical logs, drill time logs and recommend well 5.2 assembly and proper well development techniques. Provide name, highest degree & years of experience.
Have experienced trained drillers to operate drilling rigs. Provide 5.3 numbers, names, qualifications, experience and attach CVs.
Have qualified/trained Mechanic to repair rigs, compressor etc. 5.4 Provide names, years of experience and attach CVs.
6 Work Experience and financial status
Has drilled boreholes or rehabilitated hand pump facilities for WELTHUNGERHILFE in the last three years. Mention year, work done 6.1 (i.e., number of boreholes drilled or rehabilitated) and total value of contract.
How many drilling rigs, compressors, pump testing equipment you will employ for this work? On a separate page, list equipment & names of 6.2 team members who will operate and number. On a time line, show the number of boreholes each rig will do.
6.3 Company has audited accounts for last two years (if yes, please attach)
Has the company any pending law suits? If no, please attach a 6.4 declaration of no pending lawsuits.
7 Capacity and availability to start work immediately.
Contractor has capacity to mobilize and start work within two weeks 7.1 from the date of signing contract.(mention which are ongoing works, which equipment’s is in use)
Indicate the stocks of class 10 casings and screen and bottom cap. 7.2 Indicate what amount you will reserve for this project.
8 Mode of Payment and other conditions of contractor.
Agree to payment schedule as detailed in terms and conditions of 8.1 contract (Yes/No). If no, please state your proposal.
Percentage of discount offered for payment made in time by 8.2 WELTHUNGERHILFE (select one of the choices on Proposal Form)
8 ANNEX 5: SPECIFIC TERMS AND CONDITIONS OF CONTRACT
Document 1 SPECIFIC TERMS AND CONDITIONS OF CONTRACT:
Drilling of boreholes And Equipping with bush hand pump type B Welthungerhilfe.
(Total Number of PAGES: 6)
ANNEX 6: TECHNICAL SPECIFICATION AND PROCEDURES FOR DRILLING BOREHOLES
Document -2
TECHNICAL SPECIFICATIONS AND PROCEDURES
FOR
DRILLING AND CONSTRUCTION OF BOREHOLES FOR HAND PUMP PROGRAMME
WELTHUNGERHILFE ZIMBABWE
March 2019
9 ANNEX 7: MANUAL_B TYPE BUSHPUMP INSTALLATION
Document 3
10 ANNEX 8: BUSHPUMP HEADWORKS DESIGN FOR BOREHOLES
11 ANNEX 9: WELTHUNGERHILFE’S GENERAL TERMS AND CONDITIONS FOR INSTITUTIONAL/CORPORATE CONTRACTS
WELTHUNGERHILFE’s General Terms and Conditions for Institutional/Corporate Contracts
The WELTHUNGERHILFE General Terms and Conditions for Institutional/Corporate contracts set out below shall have precedence over the Conditions of Contract (General Conditions of Contract, Preamble to General Conditions of Contract, Special Conditions of Contract) and Specifications.
1. ACKNOWLEDGMENT COPY
Signing and returning the acknowledgment copy of a contract issued by WELTHUNGERHILFE or beginning work under that contract shall constitute acceptance of a binding agreement between WELTHUNGERHILFE and the Contractor.
2. DELIVERY DATE
Delivery Date to be understood as the time the contract work is completed at the location indicated under Delivery Terms.
3. PAYMENT TERMS
(a) WELTHUNGERHILFE shall, unless otherwise specified in the contract, make payment within 45 days of receipt of the Contractor's invoice, which is issued only upon WELTHUNGERHILFE’s acceptance of the work specified in the contract.
(b) Payment against the invoice referred to above will reflect any discount shown under the payment terms provided payment is made within the period shown in the payment terms of the contract.
(c) The prices shown in the contract cannot be increased except by express written agreement by WELTHUNGERHILFE.
4. LIMITATION OF EXPENDITURE
No increase in the total liability to WELTHUNGERHILFE or in the price of the work resulting from design changes, modifications, or interpretations of the statement of work will be authorized or paid to the contractor unless such changes have been approved by the contracting authority through an amendment to this contract prior to incorporation in the work.
5. TAX EXEMPTION
Section 7 of the Convention on the Privileges and Immunities of the United Nations provides, inter alia, that the UN, including its subsidiary organs, is exempt from all direct taxes and is exempt from customs duties in respect of articles imported or exported for its official use. Accordingly, the Vendor authorizes WELTHUNGERHILFE to deduct from the Vendor's invoice any amount representing such taxes or duties charged by the Vendor to WELTHUNGERHILFE. Payment of such corrected invoice amount shall constitute full payment by WELTHUNGERHILFE. In the event any taxing authority refuses to recognize the UN exemption from such taxes, the Vendor shall immediately consult with WELTHUNGERHILFE to determine a mutually acceptable procedure. Accordingly, the Contractor authorizes WELTHUNGERHILFE to deduct from the Contractor’s invoice any amount representing such taxes, duties, or charges, unless the Contractor has consulted with WELTHUNGERHILFE before the payment thereof and WELTHUNGERHILFE has, in each instance, specifically authorized the Contractor to pay such taxes, duties or charges under protest. In that event, the Contractor shall provide WELTHUNGERHILFE with written evidence that payment of such taxes, duties or charges has been made and appropriately authorized.
6. LEGAL STATUS.
The Contractor shall be considered as having the legal status of an independent contractor vis-a-vis WELTHUNGERHILFE. The Contractor’s personnel and sub-contractors shall not be considered in any respect as being the employees or agents of WELTHUNGERHILFE.
7. CONTRACTOR’S RESPONSIBILITY FOR EMPLOYEES
The Contractor shall be responsible for the professional and technical competence of its employees and will select, for work under this Contract, reliable individuals who will perform effectively in the implementation of the Contract, respect the local customs and conform to a high standard of moral and ethical conduct.
8. INDEMNIFICATION
The Contractor shall indemnify, hold and save harmless and defend, at its own expense, WELTHUNGERHILFE, its officials, agents, servants and employees, from and against all
suits, claims, demands and liability of any nature or kind, including their costs and expenses, arising out of the acts or omissions of the Contractor or its employees or sub- contractors in the performance of this Contract. This provision shall extend, inter alia, to claims and liability in the nature of workmen’s compensation, product liability and liability arising out of the use of patented inventions or devices, copyrighted material or other intellectual property by the Contractor, its employees, officers, agents, servants or sub- contractors. The obligations under this Article do not lapse upon termination of this Contract.
9. INSURANCE AND LIABILITIES TO THIRD PARTIES
(a) The Contractor shall provide and thereafter maintain insurance against all risks in respect of its property and any equipment used for the execution of this Contract.
(b) The Contractor shall provide and thereafter maintain all appropriate workmen’s compensation and liability insurance, or its equivalent, with respect to its employees to cover claims for death, bodily injury or damage to property arising from the execution of this Contract. The Contractor represents that the liability insurance includes sub-contractors. (c) The Contractor shall also provide and thereafter maintain liability insurance in an adequate amount to cover third party claims for death or bodily injury, or loss of or damage to property, arising from or in connection with the provision of work under this Contract or the operation of any vehicles, boats, airplanes or other equipment owned or leased by the Contractor or its agents, servants, employees or sub- contractors performing work or services in connection with this Contract.
(d) Except for the workmen’s compensation insurance, the insurance policies under this Article shall: (i) Name WELTHUNGERHILFE as additional insured; (ii) Include a waiver of subrogation of the Contractor’s rights to the insurance carrier against WELTHUNGERHILFE; (iii) Provide that WELTHUNGERHILFE shall receive thirty (45 ) days written notice from the insurers prior to any cancellation or change of coverage.
(e) The Contractor shall, upon request, provide WELTHUNGERHILFE with satisfactory evidence of the insurance required under this Article.
10. SOURCE OF INSTRUCTIONS
The Contractor shall neither seek nor accept instructions from any authority external to WELTHUNGERHILFE in connection with the performance of its services under this Contract. The Contractor shall refrain from any action which may adversely affect WELTHUNGERHILFE or the United Nations and shall fulfill its commitments with the fullest regard to the interests of WELTHUNGERHILFE.
11. ENCUMBRANCES/LIENS The Contractor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with WELTHUNGERHILFE against any monies due or to become due for any work done or materials furnished under this Contract, or by reason of any other claim or demand against the Contractor.
12. TITLE TO EQUIPMENT Title to any equipment and supplies which may be furnished by WELTHUNGERHILFE shall rest with WELTHUNGERHILFE and any such equipment shall be returned to WELTHUNGERHILFE at the conclusion of this Contract or when no longer needed by the Contractor. Such equipment when returned to WELTHUNGERHILFE shall be in the same condition as when delivered to the Contractor, subject to normal wear and tear. 13. COPYRIGHT, PATENTS AND OTHER PROPRIETARY RIGHTS WELTHUNGERHILFE shall be entitled to all intellectual property and other proprietary rights including but not limited to patents, copyrights and trademarks, with regard to documents and other materials which bear a direct relation to or are prepared or collected in consequence or in the course of the execution of this contract. At WELTHUNGERHILFE's request, the Contractor shall take all necessary steps, execute all necessary documents and generally assist in securing such proprietary rights and transferring them to the WELTHUNGERHILFE in compliance with the requirements of the applicable law. 14. CONFIDENTIAL NATURE OF DOCUMENTS (a) All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data compiled by or received by the Contractor under this Contract shall be the property of WELTHUNGERHILFE, shall be treated as confidential and shall be delivered only to the UN authorized officials on completion of work under this Contract.
(b) The Contractor may not communicate any time to any other person, Government or authority external to WELTHUNGERHILFE, any information known to it by reason of its association with WELTHUNGERHILFE which has not been made public except with the authorization of the WELTHUNGERHILFE; nor shall the Contractor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract with WELTHUNGERHILFE.
15. FORCE MAJEURE; OTHER CHANGES IN CONDITIONS
(a) In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Contractor shall give notice and full particulars in writing to WELTHUNGERHILFE of such occurrence or change if the Contractor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Contractor shall also notify WELTHUNGERHILFE of any other changes in conditions or the occurrence of any event which interferes or threatens to interfere with its performance of the Contract. On receipt of the notice required under this Article, WELTHUNGERHILFE shall take such action as, in its sole discretion; it considers to be appropriate or necessary in the circumstances, including the granting to the Contractor of a reasonable extension of time in which to perform its obligations under the Contract. (b) If the Contractor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, WELTHUNGERHILFE shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 16, “Termination”, except that the period of notice shall be seven (7) days instead of thirty (45 ) days. c) Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection or other acts of a similar nature or force. 16. TERMINATION If the Contractor fails to deliver any or all of the deliverables within the time period(s) specified in the contract, or fails to perform any of the terms, conditions, or obligations of the contract, or should the Contractor be adjudged bankrupt, or be liquidated or become insolvent, or should the contractor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the contractor, WELTHUNGERHILFE may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate the Contract, forthwith, in whole or in part, upon thirty (45 ) days notice to the Contractor.
WELTHUNGERHILFE reserves the right to terminate without cause this Contract at any time upon thirty (45 ) days prior written notice to the Contractor, in which case WELTHUNGERHILFE shall reimburse the Contractor for all reasonable costs incurred by the Contractor prior to receipt of the notice of termination.
In the event of any termination no payment shall be due from WELTHUNGERHILFE to the Contractor except for work and services satisfactorily performed in conformity with the express terms of this contract.
Upon the giving of such notice, the Contractor shall have no claim for any further payment, but shall remain liable to WELTHUNGERHILFE for reasonable loss or damage which may be suffered by WELTHUNGERHILFE for reason of the default. The Contractor shall not be liable for any loss or damage if the failure to perform the contract arises out of force majeure. Upon termination of the contract, WELTHUNGERHILFE may require the contractor to deliver any finished work which has not been delivered and accepted, prior to such termination and any materials or work-in-process related specifically to this contract.
Subject to the deduction of any claim WELTHUNGERHILFE may have arising out of this contract or termination, WELTHUNGERHILFE will pay the value of all such finished work delivered and accepted by WELTHUNGERHILFE. The initiation of arbitral proceedings in accordance with Article 22 “Settlement of Disputes” below shall not be deemed a termination of this Contract. 17. SUB-CONTRACTING In the event the Contractor requires the services of subcontractors, the Contractor shall obtain the prior written approval and clearance of WELTHUNGERHILFE for all sub- contractors. The approval of WELTHUNGERHILFE of a sub-contractor shall not relieve the Contractor of any of its obligations under this Contract. The terms of any sub-contract shall be subject to and in conformity with the provisions of this Contract. 18. ASSIGNMENT AND INSOLVENCY 1. The Contractor shall not, except after obtaining the written consent of WELTHUNGERHILFE, assign, transfer, pledge or make other dispositions of the Contract, or any part thereof, of the Contractor's rights or obligations under the Contract. 2. Should the Contractor become insolvent or should control of the Contractor change by virtue of insolvency, WELTHUNGERHILFE may, without prejudice to any other rights or remedies, terminate the Contract by giving the Contractor written notice of termination. 19. USE OF WELTHUNGERHILFE NAME AND EMBLEM
The Contractor shall not use the name, emblem or official seal of WELTHUNGERHILFE or any abbreviation of these names for any purpose.
20. OFFICIALS NOT TO BENEFIT
The Contractor warrants that no official of WELTHUNGERHILFE or the DWSSC has received or will be offered by the Contractor any direct or indirect benefit arising from this Contract or the award thereof. The Contractor agrees that breach of this provision is a breach of an essential term of the Contract. 21. PROHIBITION ON ADVERTISING The Contractor shall not advertise or otherwise make public that the Vendor is furnishing goods or services to WELTHUNGERHILFE without specific permission of WELTHUNGERHILFE. 22. SETTLEMENT OF DISPUTES Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of, or relating to this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.
Arbitration Any dispute, controversy or claim between the Parties arising out of this Contract or the breach, termination or invalidity thereof, unless settled amicably under the preceding paragraph of this Article within sixty (60) days after receipt by one Party or the other Party’s request for such amicable settlement, shall be referred by either Party to arbitration in accordance with the UNCITRAL Arbitration Rules then obtaining. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of six percent (6%) and any such interest shall be simple interest only. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute. 23. PRIVILEGES AND IMMUNITIES The privileges and immunities of the UN, including its subsidiary organs, are not waived. 24. CHILD LABOUR WELTHUNGERHILFE fully subscribes to the Convention on the Rights of the Child and draws the attention of potential suppliers to Article 32 of the Convention which inter alia requires that a child shall be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. 25. ANTI-PERSONNEL MINES WELTHUNGERHILFE supports an international ban on the manufacture of anti-personnel mines. Anti-personnel mines have killed and maimed thousands of people, of whom a large proportion is children and women. Anti-personnel mines present a serious obstacle to the return of populations displaced from their residences by fighting around their villages and homes. WELTHUNGERHILFE has, therefore, decided not to purchase products from companies that sell or manufacture anti-personnel mines or their components. 26. AUTHORITY TO MODIFY No modification or change in this Contract, no waiver of any of its provisions or any additional contractual relationship of any kind with the Contractor shall be valid and enforceable against WELTHUNGERHILFE unless provided by an amendment to this Contract signed by the authorized official of WELTHUNGERHILFE. 27. REPLACEMENT OF PERSONNEL WELTHUNGERHILFE reserves the right to request the Contractor to replace the assigned personnel if they are not performing to a level that WELTHUNGERHILFE considers satisfactory. After written notification, the Contractor will provide curriculum vitae of appropriate candidates within three (3) working days for WELTHUNGERHILFE review and approval. The Contractor must replace the unsatisfactory personnel within seven (7) working days of WELTHUNGERHILFE’s selection. If one or more key personnel become unavailable, for any reason, for work under the contract, the Contractor shall (i) notify the project authority at least fourteen (14) days in advance, and (ii) obtain the project authority’s approval prior to making any substitution of key personnel. Key personnel are designated as follows:
(a) Personnel identified in the proposal as key individuals (as a minimum, partners, managers, senior auditors) to be assigned for participation in the performance of the contract. (b) Personnel whose resumes were submitted with the proposal; and (c) Individuals who are designated as key personnel by agreement of the Contractor and WELTHUNGERHILFE during negotiations. In notifying the project authority, the Contractor shall provide an explanation of circumstances necessitating the proposed replacement(s) and submit justification and qualification of replacement personnel in sufficient detail to permit evaluation of the impact on the engagement. Acceptance of a replacement person by the project authority shall not relieve the Contractor from responsibility for failure to meet the requirements of the contract.
End of RFP document…