Incinerator Invitation for Bids (IFB)
Name of Country: Eritrea
Name of Project: Global Fund
Grant No: ERT-H-MOH
Date: April 10, 2013
IFB Title: Procurement of Incinerator
IFB Number: GF/R8/ICB /02/2013
1. The Ministry of Health of the State of Eritrea has received a grant from the Global Fund towards the cost of HIV/AIDS, Malaria, and TB Project. It is intended that part of the proceeds of this grant will be applied to eligible payments under the contract for procurement of Incinerator.
2. The Project Management Unit of the Ministry of Health now invites sealed bids from eligible bidders for the supply of Incinerator.
3. Bidding will be conducted through the International Competitive Bidding (ICB)
4. Interested bidders may obtain further information from PMU, Ministry of Health and Inspect the Bidding Documents at the Procurement Office, PMU, Ministry of Health, Denden Street No.82, Asmara, Eritrea; Tel: 291-1-122978, Fax: 291-1-124357 from 08:00 to 12:00 hours.
5. A complete set of Bidding Documents in English language may be purchased by interested bidders on the submission of a written Application (if agents, presentation of authorization and renewed license) to the address and upon payment of a non refundable fee USD fifty (50.00) or equivalent. The method of payment will be cash or Bank transfer to the credit of our account No. 120-122-0157 with Bank of Eritrea through DZ BANK SWIFT. GENO DE F – Frankfurt, Germany IBAN. DE39500604000001030 736. The document will be sent by DHL/Express mail.
6. Bids must be delivered to the address below, on or before 14:30 Hours on May 16,2013
Address: PHARMECOR – ERITREA
DENDEN STREET No. 84
ASMARA – ERITREA
Tel. No. 291-1-127700/115144
Fax. No. 291-1-126455
7. All bids must be accompanied by a bid security to be not less than two (2) percent of the bid amount in a freely convertible currency which should be submitted sealed within the bid offer envelop.
8. Late bids will be rejected. Bids will be opened in the presence of the bidders’ representatives who choose to attend at the address below at 14:35 hrs on May 16, 2013.
Section II. Instructions to Bidders
1 The Purchaser
Purchaser’s address is:
PMU, Ministry of Health
Denden Street # 82
P. O. Box 4899
Type of goods: Incinerator
2 Eligible Goods and Services
2.1 Global fund’s eligibility rules and procedures will apply.
2.2 Government–owned enterprises in the Purchaser’s country may participate only if they are legally and financially autonomous, if they operate under commercial law, and if they are not a dependent agency of the Purchaser.
3 Language of Bid
The bids prepared by the bidder, as well as all correspondence and documents relating to the bid exchanged by the bidder and the Purchaser, shall be written in English.
4 Bid Form
The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the Invitation for Bid documents, indicating the goods to be supplied, a brief description of the goods, their country of origin, quantity, and prices. The Bidder should provide the Bid Security, either in the form included hereafter or in another form acceptable to the Purchaser.
5 Bid Currencies
Prices shall be quoted :
in convertible currencies CIF MASSAWA SEA PORT
6 Documents Establishing Bidder’s Qualifications
6.1 The documentary evidence of the Bidder’s qualifications to perform the Contract if its bid is accepted, shall establish to the Purchaser’s satisfaction that the Bidder:
(a) is accepted in the country of manufacture;
(b) has manufactured and marketed Incinerator for at least five (5) years and specific items covered by this IFB for at least two (2) years;
(c) that in the case of a Bidder offering to supply Goods under the Contract which the Bidder did not manufacture or otherwise produce, that the Bidder has been duly authorized by a manufacturer of the Goods that meets the above criteria to supply the Goods in the Purchaser’s country.
6.2 In addition the Bidder will submit:
(a) A copy of its manufacturing license and a statement of installed manufacturing capacity.
7 Technical Specifications and Commercial Terms and Conditions
Bidders must confirm compliance with the attached specifications, and deviations must be highlighted otherwise it will be assumed that the bidder complies fully with the specifications. Bidders should also confirm compliance with commercial terms and conditions as described by the current edition of Incoterms.
8 Period of Validity of Invitation
Bids shall remain valid for a period of 60 (sixty) days after the date of Bid opening.
9 Deadline for Submission of Bids
Bids must be received by the Purchaser at the address specified under Section I. Invitation for Bids no later than MAY 16,2013 , 14:30
10 Evaluation of Bids
The Purchaser will award the Contract to the lowest evaluated Bidder who meets appropriate standards of technical qualification and delivery time. The Purchaser may reject any or all bids without incurring any liability to the affected bidders.
11. Clarification of Bidding
A prospective Bidder requiring any clarification of the Bidding Documents shall contact the Purchaser in writing or by cable (for these ITB, the term “cable” is deemed to include electronic mail, telex, or facsimile) at the Purchaser’s address indicated below
Purchaser’s address is:
PMU, Ministry of Health
Denden Street # 82
P. O. Box 4899
Section III. General Conditions of Contract
The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and when no applicable standard is mentioned, to the authoritative standard appropriate to the Goods’ country of origin and such standards shall be the latest issued by the concerned institution.
The Supplier shall not assign, in whole or in part, its obligations to perform under the contract, except with the Purchaser’s prior written consent. Such consent shall be granted only if the Purchaser is satisfied that the assignee meets all the qualification criteria established by the Bidding Documents.
3 Patent rights
The Supplier shall indemnify the Purchaser against all third party claims of infringement of patent or trademark rights arising from use of the Goods or any part thereof in the Purchaser’s country.
4.1 The Supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination as indicated in the Contract.
4.2 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Schedule of Requirements and Technical Specifications.
5.1 The Supplier warrants that all the Goods are new, unused, and of the most recent or current models, and that they incorporate all recent improvements in design and materials, unless provided otherwise in the Contract.
5.2 The warranty shall remain valid for twelve (12) months after the Goods, have been delivered to and accepted at the final destination indicate, or for eighteen (18) months after the date of shipment from the port or place of loading in the country of origin, whichever period concludes earlier.
5.3 The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty.
5.4 Upon receipt of such notice, the Supplier shall, with all reasonable speed, replace the defective Goods without cost to the Purchaser. The Supplier will be entitled to remove, at his own risk and cost, the defective Goods once the replacement Goods have been delivered.
5.5 If the supplier, having been notified, fails to replace the defective Goods within a reasonable period, the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.
6.1 On Shipment: Ninety (90) percent of the Contract Price of the Goods delivered or shipped shall be paid through irrevocable confirmed letter of credit opened in favor of the Supplier in a bank in its country, respectively, upon submission of delivery or shipping documents.
6.2 On Acceptance: Ten (10) percent of the Contract Price of Goods received shall be paid within thirty (30) days of receipt of the Goods upon submission of claim supported by the acceptance certificate issued by the Purchaser.
7. Payment Instrument
(a) A letter of credit (L/C), in which the Purchaser will state all the conditions of payment.
(b) Cash Against Document
(c) Advance against 100% Bank Advance Payment Guarantee
Marine insurance shall be in an amount equal to one hundred ten (110) percent of CIF value of goods from “warehouse to warehouse” on “All Risks” basis including War Risks and Strike clauses.
9. Liquidated Damages
If the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to One-half (.05) percent per week of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of Five (5%) percent of the contract price. Once the maximum is reached, the Purchaser may consider termination of the Contract.
10. Applicable Law
The Contract shall be interpreted in accordance with the laws of the Purchaser’s country.
Schedule of Requirements
The delivery schedule expressed as weeks stipulates hereafter a delivery date that is the date of delivery (i) at EXW premises or (ii) to the carrier at the port of shipment when the Contract is placed on FOB or CIF terms or (iii) to the first carrier when the Contract is placed on FCA or CIP terms. To determine the correct date of delivery hereafter specified, the Purchaser has taken into account the additional time that will be needed for international or national transit to the site or to another common place.
Product Name Unit Qty Delivery
Each 3 90 – 120 days
Fuel Diesel Oil 8/ kerosene
Capacity (m3) 0.57
Ave Capacity 50 kg per hour
Ave time for Burnout 5 hrs
Height including flue 3500mm
Min. operating temperature 9500C
Max. operating temperature 13200C
Residency time in second chamber 2.0 seconds
Operating and maintenance manuals
Recommended Spare list
300 liter fuel tank
Section VII. Sample Forms
Notes on the Sample Forms
The Bidder shall complete and submit with its Bid the Bid Form and Price Schedules and schedule of requirements in accordance with the requirements included in the Bidding documents.
The Bidder should provide the Bid Security, either in the form included hereafter or in another form acceptable to the Purchaser.
The Contract Form, when it is finalized at the time of contract award, should incorporate any corrections or modifications to the accepted Bid resulting from price corrections, acceptable deviations or quantity variations. The Price Schedule and Schedule of Requirements deemed to form part of the contract should be modified accordingly.
The Performance Security and Bank Guarantee for Advance Payment forms should not be completed by the bidders at the time of their Bid preparation. Only the successful Bidder will be required to provide performance security and bank guarantee for advance payment in accordance with one of the forms indicated herein or in another form acceptable to the Purchaser.
The Manufacturer’s Authorization form should be completed by the Manufacturer, as appropriate.
Bid Submission Form
[The Bidder shall fill in this Form in accordance with the instructions indicated No alterations to its format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Bid Submission]
ICB No.: [insert number of bidding process]
Invitation for Bid No.: [insert No of IFB]
Alternative No.: [insert identification No if this is a Bid for an alternative]
To: [insert complete name of Purchaser]
We, the undersigned, declare that:
(a) We have examined and have no reservations to the Bidding Documents, including Addenda No.: ______________[insert the number and issuing date of each Addenda];
(b) We offer to supply in conformity with the Bidding Documents and in accordance with the Delivery Schedules specified in the Schedule of Requirements the following Goods and Related Services _______________________ [insert a brief description of the Goods and Related Services];
(c) The total price of our Bid, excluding any discounts offered in item (d) below, is: ______________________________[insert the total bid price in words and figures, indicating the various amounts and the respective currencies];
(d) The discounts offered and the methodology for their application are:
Discounts. If our bid is accepted, the following discounts shall apply._______ [Specify in detail each discount offered and the specific item of the Schedule of Requirements to which it applies.]
Methodology of Application of the Discounts. The discounts shall be applied using the following method:__________ [Specify in detail the method that shall be used to apply the discounts];
(e) Our bid shall be valid for the period of time specified in ITB Sub-Clause 20.1, from the date fixed for the bid submission deadline in accordance with ITB Sub-Clause 24.1, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;
(f) If our bid is accepted, we commit to obtain a performance security in accordance with ITB Clause 44 and GCC Clause 17 for the due performance of the Contract;
(g) We, including any subcontractors or suppliers for any part of the contract, have nationality from eligible countries________ [insert the nationality of the Bidder, including that of all parties that comprise the Bidder, if the Bidder is a JV, and the nationality each subcontractor and supplier]
(h) We have no conflict of interest in accordance with ITB Sub-Clause 4.2;
(i) Our firm, its affiliates or subsidiaries—including any subcontractors or suppliers for any part of the contract—has not been declared ineligible by the Bank, under the Purchaser’s country laws or official regulations, in accordance with ITB Sub-Clause 4.3;
(j) The following commissions, gratuities, or fees have been paid or are to be paid with respect to the bidding process or execution of the Contract: [insert complete name of each Recipient, its full address, the reason for which each commission or gratuity was paid and the amount and currency of each such commission or gratuity]
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
(k) We understand that this bid, together with your written acceptance thereof included in your notification of award, shall constitute a binding contract between us, until a formal contract is prepared and executed.
(l) We understand that you are not bound to accept the lowest evaluated bid or any other bid that you may receive.
Signed:_______________ [insert signature of person whose name and capacity are shown]
In the capacity of _______[insert legal capacity of person signing the Bid Submission Form]
Name:____________ [insert complete name of person signing the Bid Submission Form]
Duly authorized to sign the bid for and on behalf of:_____ [insert complete name of Bidder]
Dated on ____________ day of __________________, _______ [insert date of signing]
Name of Bidder . IFB Number . Page of .
1 2 3 4 5 6 7 8 9 10 11
Unit Price Total Price CIP
No Description Unit Qty FOB
Freight Ins Unit Total Delivery time Country of origin
Signature of Bidder
Note: In case of discrepancy between unit price and total, the unit price shall prevail.
Bid Security (Bank Guarantee)
[The Bank shall fill in this Bank Guarantee Form in accordance with the instructions indicated.]
[Bank’s Name, and Address of Issuing Branch or Office]
Beneficiary: ___________________ [Name and Address of Purchaser]
BID GUARANTEE No.: _________________
We have been informed that [name of the Bidder] (hereinafter called “the Bidder”) has submitted to you its bid dated (hereinafter called “the Bid”) for the execution of [name of contract] under Invitation for Bids No. [IFB number] (“the IFB”).
Furthermore, we understand that, according to your conditions, bids must be supported by a bid guarantee.
At the request of the Bidder, we [name of Bank] hereby irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [amount in figures] ([amount in words]) upon receipt by us of your first demand in writing accompanied by a written statement stating that the Bidder is in breach of its obligation(s) under the bid conditions, because the Bidder:
(a) has withdrawn its Bid during the period of bid validity specified by the Bidder in the Form of Bid; or
(b) having been notified of the acceptance of its Bid by the Purchaser during the period of bid validity, (i) fails or refuses to execute the Contract Form; or (ii) fails or refuses to furnish the performance security, if required, in accordance with the Instructions to Bidders.
This guarantee will expire: (a) if the Bidder is the successful bidder, upon our receipt of copies of the contract signed by the Bidder and the performance security issued to you upon the instruction of the Bidder; or (b) if the Bidder is not the successful bidder, upon the earlier of (i) our receipt of a copy of your notification to the Bidder of the name of the successful bidder; or (ii) twenty-eight days after the expiration of the Bidder’s Bid.
Consequently, any demand for payment under this guarantee must be received by us at the office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458.
3. Contract Form
THIS AGREEMENT made the _____ day of __________ 20_____ between [name of Purchaser] of [country of Purchaser] (hereinafter called “the Purchaser”) of the one part and [name of Supplier] of [city and country of Supplier] (hereinafter called “the Supplier”) of the other part:
WHEREAS the Purchaser invited quotations for certain goods and ancillary services, viz., [brief description of goods and services] and has accepted a quotation by the Supplier for the supply of those goods and services in the sum of [contract price in words and figures] (hereinafter called “the Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract referred to.
2. The following documents shall be deemed to form and be read and construed as part of this Agreement, viz.:
(a) the Bid Form and the Price Schedule submitted by the Bidder;
(b) the Schedule of Requirements;
(c) the Technical Specifications;
(d) the General Conditions of Contract; and
(e) the Purchaser’s Notification of Award.
3. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the goods and services and to remedy defects therein in conformity in all respects with the provisions of the Contract
4. The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and services and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the contract at the times and in the manner prescribed by the contract.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with their respective laws the day and year first above written.
Signed, sealed, delivered by the (for the Purchaser)
Signed, sealed, delivered by the (for the Supplier)
4. Performance Security Form
To: [name of Purchaser]
WHEREAS [name of Supplier] (hereinafter called “the Supplier”) has undertaken, in pursuance of Contract No. [reference number of the contract] dated ____________ 20_____ to supply [description of goods and services] (hereinafter called “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall furnish you with a bank guarantee by a reputable bank for the sum specified therein as security for compliance with the Supplier’s performance obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Supplier a guarantee:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Supplier, up to a total of [amount of the guarantee in words and figures], and we undertake to pay you, upon your first written demand declaring the Supplier to be in default under the Contract and without cavil or argument, any sum or sums within the limits of [amount of guar¬antee] as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein.
This guarantee is valid until the _____ day of __________20_____.
Signature and seal of the Guarantors
[name of bank or financial institution]
5. Bank Guarantee for Advance Payment
To: [name of Purchaser]
[name of Contract]
Gentlemen and/or Ladies:
In accordance with the payment provision included in the Special Conditions of Contract, which amends Clause 16 of the General Conditions of Contract to provide for advance payment, [name and address of Supplier] (hereinafter called “the Supplier”) shall deposit with the Purchaser a bank guarantee to guarantee its proper and faithful performance under the said Clause of the Contract in an amount of [amount of guarantee in figures and words].
We, the [bank or financial institution], as instructed by the Supplier, agree unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the payment to the Purchaser on its first demand without whatsoever right of objection on our part and without its first claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words].
We further agree that no change or addition to or other modification of the terms of the Contract to be performed thereunder or of any of the Contract documents which may be made between the Purchaser and the Supplier, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment received by the Supplier under the Contract until [date].
Signature and seal of the Guarantors
[name of bank or financial institution]
6. Manufacturer’s Authorization Form
[See Clause 4 of the Instructions to Bidders.]
To: [name of the Purchaser]
WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of [name and/or description of the goods] having factories at [address of factory]
do hereby authorize [name and address of Agent] to submit a quotation, and subsequently negotiate and sign the Contract with you against RFQ No. 19 for the above goods manufactured by us.
We hereby extend our full guarantee and warranty as per Clause 2 of the General Conditions of Contract for the goods offered for supply by the above firm against this Invitation for Quotations.
[signature for and on behalf of Manufacturer]
Note: This letter of authority should be on the letterhead of the Manufacturer and should be signed by a person competent and having the power of attorney to bind the Manufacturer. It should be included by the Bidder in its bid.