HQ MNC NE GENERAL PROVISIONS (PDF file)

Transcription

NON SENSITIVE INFORMATION RELEASABLE TO THE PUBLIC
HEADQUARTERS
MULTINATIONAL CORPS NORTHEAST
Ul. Łukasinskiego 33, 71-215 SZCZECIN, POLAND
General
Information
Page 1 of 16
HEADQUARTERS
PART I
BIDDING INSTRUCTIONS
TABLE OF CONTENTS
1.
GENERAL
2.
AMENDMENT OR CANCELLATION OF IFB
3.
EXTENSION OF BID CLOSING DATE
4.
PRICE FORMAT
5.
PRICING BASIS
6.
CURRENCY
7.
EXEMPTION FROM TAXES
8.
ORIGIN AND AVAILABILITY OF EQUIPMENT, SERVICE AND PARTS
9.
COMPLIANCE STATEMENTS
10.
CONTENTS OF PROPOSAL
11.
BID SUBMISSION
12.
LATE BIDS
13.
BID WITHDRAWAL
14.
BID EVALUATION
15.
AWARD
16.
COMMUNICATION AND CONTACT FOR CLARIFICATION
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HEADQUARTERS
1.
GENERAL
The purpose of Invitation For Bid (IFB) is the competitive selection of the lowest
compliant bidder(s) for procurement of an item or service.
2.
AMENDMENT OR CANCELLATION OF IFB
HQ MNC NE reserves the right to cancel an IFB at any time. No legal liability on the
part of HQ MNC NE for payment of any sort shall arise and in no event will a cause of
action lie with any bidder for the recovery of any costs incurred in connection with
preparing or submitting a bid in response hereto. All efforts initiated or undertaken by
the bidder shall be done considering and accepting this fact. If an IFB is cancelled
prior to the bid opening, the bids already received will be returned un-opened to the
senders upon their request.
3.
EXTENSION OF BID CLOSING DATE
Any bidder may request directly to the HQ MNC NE Contracting Officer an extension
of the bid closing date. However, the request must reach the Contracting Officer, in
writing (facsimile or email is acceptable), not later than 5 calendar days prior to the
bid closing date and must include a strong justification for the request. The HQ MNC
NE Contracting Officer may, at his own discretion, grant an extension of the bid
closing date.
4.
PRICE FORMAT
The Price Proposal shall be made in accordance with the attached format (Enclosure
1). The basic breakdown on this format is not strictly limited and bidders may expand
on these by adding such sub-items as deemed necessary. However, the basic
presentation and numbering system cannot change.
Price quotations for any extra, optional or alternative solution shall be duly separated
from the proposed format and will be shown on detached sheets.
Price quotations are to be printed on single sided sheets and grouped so as to
constitute detachable components.
For any Extra, Optional or Alternative such as extended warranty, first service, call
assistance, special tools for maintenance beyond periodical services, etc., the bidder
will provide a complementary Price Format.
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HEADQUARTERS
5.
PRICING BASIS
All prices shall be firm fixed prices with validity as indicated by the bidder, but which
shall not be less than 60 days after the bid closing day for this IFB. HQ MNC NE
reserves the right to request an extension of validity if a decision cannot be made
within this time. Bidders will be entitled to either grant or deny this extension of
validity.
Prices are to be at least as favourable as those extended to any Government,
Agency, Company, or individual purchasing/leasing quantities, equipment and parts
covered by a contract under similar conditions.
6.
CURRENCY
Bidders may quote in PLN, EURO, USD or own national currency. See also
paragraph 14.2 below.
7.
EXEMPTION FROM TAXES
According to the NATO / HQ MNC NE agreements, performance under this contract
is exempted from taxes, duties and similar charges. Where notwithstanding, these
are imposed by national regulations, bidders will enclose the list and the amounts of
taxes, duties and similar charges which have been included in their bid, with a
justification.
8.
ORIGIN AND AVAILABILITY OF EQUIPMENT, SERVICE AND PARTS
8.1
ORIGIN OF EQUIPMENT
Only equipment manufactured, assembled or distributed by companies operating in a
NATO member country. The same applies to services that shall also be provided out
of a NATO member country. If a bidder is not able to apply with this requirement, it
must be stated in Enclosure 2 and Enclosure 3a.
A certificate stating the origin of the equipment, service and parts (Enclosure 2) will
be completed and signed by the bidder and forwarded as part of the bid.
All offered supplies shall be new and in the latest available version during the validity
duration of the bid.
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HEADQUARTERS
8.2
AVAILABILITY OF EQUIPMENT
The bidder must agree that, in case of a contract as a result of an IFB, he and his
subcontractors will maintain and furnish a source of an adequate supply of services,
components, spare parts and sub-assemblies to properly maintain or repair the
equipment for a minimum period of three (3) years from the contract execution date.
To this effect a certification will be completed and forwarded as part of the bid
(Enclosure 2).
9.
COMPLIANCE STATEMENTS
Bidder's proposal must be based on a full compliance with the terms, conditions and
requirements of the IFB and its future clarifications and/or amendments. The bidder
may offer variations in specific implementation and functional details, provided that
stated functional and performance requirements of the IFB are fully satisfied.
Each bidder will include in his bid a compliance statement in accordance with
Enclosures 3a and 3b. The bidder shall list thereon, when applicable, all deviations
from the HQ MNC NE General Provision (Part II) and the Specifications (Part III) of
the IFB.
In addition to the compliance sheets the bidders must clearly describe what is being
offered and how the requirements are met.
Failure to submit a completed compliance sheet may result in disqualification of the
bid.
In case of conflict between the Compliance Statement and the detailed evidence or
explanations/comments furnished, the detailed evidence or explanations/comments
shall take precedence for the actual determination of compliance.
10.
CONTENTS OF PROPOSAL
10.1 NUMBER OF COPIES
The bid shall be submitted in one (1) original and one (1) copy, i.e. consisting of two
(2) bid packages as described below.
10.2 BID PACKAGES
a.
The bid shall be subdivided into two separate parts: the PRICE
PROPOSAL and the TECHNICAL PROPOSAL.
b.
The PRICE PROPOSAL must include the following as a minimum:
(1) The Bidder's name, address, point of contact, and numbers for
telephone, facsimile, e-mail and Internet site, NIP and REGON, form of
business activity: copy of registration documents (for Polish companies
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HEADQUARTERS
extract from KRS, for non Polish nations similar registration
number/place etc.) additionally Tax Identification Number (TIN).
(2) A Table of Contents for the entire bid.
(3) The Price Quotations in the Price Format, of which a sample is at
Enclosure 1.
(4) The Compliance Statement for Part II – HQ MNC NE General
Provisions (Enclosure 3a).
(5) The Terms and Conditions of delivery.
(6) Any other documents as deemed necessary (references etc.).
(7) The Certificates of Origin and Availability of Equipment, Service and
Parts for each offered piece of equipment (Enclosure 2).
c.
The TECHNICAL PROPOSAL must include the following as a
minimum:
(1) The Compliance Statement for Part III - Specifications - (Enclosure 3b)
(2) Technical information including all descriptive material, such as
illustrations, drawings, layouts, system performance, calculations, and
other information as appropriate for a technical evaluation. The
objective of the technical information is to determine whether the offer
meets all the requirements of the IFB and to identify exactly what the
bidder proposes and what HQ MNC NE would be purchasing when
making the award
(3) Bidder experience in the supply of similar service.
(4) List of Patents and/or Copyrights, if any. Identification of all
proprietary information.
11.
BID SUBMISSION
11.1 LANGUAGE
Bids shall be submitted in the English language unless otherwise stated.
11.2 BID MAILING
Each bid package will be placed in a single envelope including the PRICE
PROPOSAL and the TECHNICAL PROPOSAL. The envelope will be sealed and
marked "Sealed Bid to IFB XX/YY”. The envelope /box containing the sealed bid
packages will be placed in another (exterior) envelope or box on which will be glued
the mailing label found on Enclosure 4. The bid must be sent to us in hardcopy, it is
not possible to forward it as an e-mail.
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HEADQUARTERS
11.3 BID DELIVERY BY COURIER
HQ MNC NE is located in SZCZECIN 33 ŁUKASIŃSKIEGO str., in the North-western
part of Poland. Bids hand-carried to HQ MNC NE or delivered on site by Commercial
Courier and Parcel-Delivery Companies must be packed and labelled as indicated in
paragraph 11.2 above. Packages are to be handed over to a Staff member of the HQ
MNC NE G-8 in Building 2 of the Baltic Barracks (HQ MNC NE telephone: 830,
831 or 802) and this on working days between 09.00 to 11.45 hrs and 13.15 to 15.45
hrs. The time and date the bid is handed over will be recorded on the envelope or
package and the delivery agent will be requested to sign the date/time endorsement,
signifying his agreement as to its accuracy.
12.
LATE BIDS
The bidder must make every effort to ensure that his bid reaches HQ MNC NE before
or on the exact date and time set for the bid closing. Bids received after that time are
late bids. Late bids shall be considered only before the contract has been awarded
and on condition that their failure to arrive on time is solely the result of:
a.
A delay in the government channels, i.e. governmental courier service
or mail for which the bidder was not responsible. However the bid should
have been sent not later than five (5) calendar days before the bid closing, by
Registered Mail or by Certified Mail, for which an official Post Office date
stamp or the receipt for certification has been obtained.
Note: Commercial Courier or Parcel-Delivery Companies is not considered to
be government channels.
b.
Mishandling by HQ MNC NE personnel upon or after receipt.
Other late bids cannot be considered for award. These bids will be treated as
non-responsive and will be returned un-opened to the bidder, at his expense.
13.
BID WITHDRAWAL
A bidder may withdraw his bid up to the date and time specified for the bid closing, by
written or facsimile notice to the HQ MNC NE Contracting Officer. The bid will be
returned un-opened to the bidder, at his expense.
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HEADQUARTERS
14.
BID EVALUATION
14.1 RESPONSIBILITY
The evaluation of Bids and the determination as to the responsiveness and technical
adequacy of the services, products and materials offered shall be the responsibility of
HQ MNC NE and shall be based on information provided by the bidders. HQ MNC
NE will not be responsible for searching, locating or confirming any information,
which is not clearly identified and available in the bid.
14.2 PRICE COMPARISON
For the purpose of price comparison all quoted prices will be converted into Polish
Zloty (PLN) on the basis of the average official commercial buying and selling
exchange rates of the NATIONAL POLISH BANK at close of business of the last
working day preceding the bid closing date.
14.3 EVALUATION PROCESS
a.
The evaluation of bids shall be conducted as follows:
(1)
(2)
(3)
Identification of lowest bidder, based on the Price Format(s), with
early payment discounts excluded.
Assessment of compliance with the bidding, contractual and
technical provisions / specifications.
Verification of compliance with the required Performance /
Delivery schedule.
b.
If the lowest bid is deemed non-compliant then the next lowest bid will
be reviewed for compliance. This procedure will continue until the
lowest compliant bidder is designated.
c.
Although Partial Bidding is authorised, bidders must note that for
standardisation purpose, HQ MNC NE may consider critical that all
equipment should be sourced from the same supplier or manufacturer
or both.
14.4 CLARIFICATION OF PROPOSALS
During the entire bid evaluation process HQ MNC NE Contracting Officer reserves
the right to discuss any bid with the bidders in order to clarify what is being offered
and to resolve any potential areas of non-compliance. However, no change to the
content of the bid, including technical, financial and delivery schedule, shall be
permitted.
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HEADQUARTERS
15.
AWARD
A HQ MNC NE Contract Award Committee (CAC) will adjudicate contracts to the
lowest compliant bidder who has, if required, successfully passed the pre-award
demonstration. However, HQ MNC NE may award contracts to another bidder based
upon a strong justification or operational factors. In this instance and depending on
the value of the contract the final approval will be sought from the HQ MNC NE
Commander or from the HQ MNC NE Military Budget Committee prior to making
such an award. The CAC proceedings are not public, only CAC final decision will be
published to bidders.
16.
COMMUNICATION AND CONTACT FOR CLARIFICATION
16.1 COMMUNICATION
Any communication related to an IFB, between a prospective bidder, a bidder and
HQ MNC NE shall only be through the HQ MNC NE Contracting Officer in the first
instance. Designated HQ MNC NE personnel will assist the Contracting Officer in the
administration of this IFB. There shall be no contact with other HQ MNC NE
personnel. This is to maintain all bidders on equal and competitive footing.
16.2 BIDDERS REQUEST FOR CLARIFICATION
a.
Prospective bidders should seek clarification as soon as possible. Any
explanation desired by a bidder regarding the meaning or interpretation of this
IFB, clauses, specifications etc., must be requested in writing (letter or
facsimile) from the Contracting Officer. The Contracting Officer must receive
such requests for clarification not later than 5 calendar days before the bid
closing date.
b.
Information given to a prospective bidder will be furnished to all
prospective bidders, as an amendment to this IFB, only if such information is
necessary to bidders in submitting offers or if the lack of such information
would be prejudicial to other bidders. Oral explanations or instructions will not
be binding unless confirmed in writing by the Contracting Officer.
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HEADQUARTERS
16.3 POINTS OF CONTACT:
Major Peter Nehm, Contracting Officer
Telephone: +48 91 44 45 830
Fax: +48 91 44 45 803
Email address: contracting@hqmncne.mil.pl
Mrs Katarzyna PERYT, Assistant Contracting Officer
Telephone: +48 91 44 45 831
Fax: +48 91 44 45 803
Email address: contracting@hqmncne.mil.pl
All correspondence will be forwarded to:
HQ MNC NE
CONTRACTING OFFICER
ul. Łukasińskiego 33
71-215 SZCZECIN
POLAND
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HEADQUARTERS
PART II
HQ MNC NE GENERAL PROVISIONS
TABLE OF CONTENTS
1.
Definitions
2.
Applicable Law
3.
Title to Property and Risk of Loss
4.
Inspection
5.
Acceptance
6.
Default
7.
Disputes
8.
Price
9.
Taxes and Custom Charges
10.
Authorisation to Perform
11.
Invoices
12.
Rights in Technical Data
13.
Supply and service parts availability and Warranty
14.
Liquidated Damages
15.
Payments
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HEADQUARTERS
1. DEFINITIONS
As used throughout this part II of the Bidding Information, the following terms shall
have meanings as set forth below:
a.
b.
c.
d.
e.
f.
g.
h.
i.
“HQ MNC NE” means the Headquarters Multinational Corps North East,
located at Baltic Barracks, Ul. Łukasińskiego 33, 71-215 SZCZECIN
The North Atlantic Treaty Organisation is hereafter referred to as “NATO”.
“Contracting Officer” means the person executing and managing this contract
on behalf of HQ MNC NE.
“Contracting Officer Technical Representative” (COTR) means a person
appointed by the Contracting Officer for the purpose of determining
compliance with the technical requirements of the contract.
The term "days" shall be interpreted as meaning calendar days.
The masculine includes the feminine.
The term “prospective bidder” shall refer to the entity that has completed the
online form, and has indicated thereon, without commitment, its intention to
participate in the bidding.
The term “bidder” shall refer to the bidding entity that has submitted a bid in
response to this IFB.
The term “contractor” shall refer to the bidder to whom a contract is awarded.
2. APPLICABLE LAW
Except if otherwise provided, any contract signed based on this bidding shall be
governed, interpreted and construed in accordance with the European Union and
Polish law.
3. TITLE TO PROPERTY AND RISK OF LOSS
a. Title to property of the supplies covered by this contract shall pass to HQ MNC
NE upon formal acceptance.
b. Risk of loss or of damage to supplies covered by a contract shall remain with
the Contractor until, and shall pass to HQ MNC NE upon reception inspection
(see para 4 below) and acceptance by HQ MNC NE.
4. INSPECTION
a. All equipment and articles incorporated in the delivery must be new and of the
most suitable grade of their respective kinds for the purposes intended.
b. In case any supplies are defective or otherwise not in conformity with the
requirements mentioned in IFB Part 3, HQ MNC NE shall have the right either
to reject them or to require their correction without any additional costs to HQ
MNC NE.
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HEADQUARTERS
c. All supplies shall be subject to inspection and test by HQ MNC NE Inspector
prior to acceptance.
d. The inspection and test by HQ MNC NE Inspector of any supplies does not
relieve the Contractor from any responsibility regarding defects or other
failures to meet the contract requirements which may be discovered prior to
acceptance.
e. Failure to inspect supplies shall neither relieve the Contractor from
responsibility for such supplies and works as are not in accordance with the
contract requirements nor impose liability on HQ MNC NE therefore.
5. ACCEPTANCE
a. Acceptance (or rejection) of the delivery shall be made as promptly as
practicable after inspection of the delivered items.
b. Acceptance shall be conclusive, except for latent defects, fraud, gross
mistakes amounting to fraud, or otherwise stated in the Contract. It is the
action by which HQ MNC NE acknowledges that the Contractor has fully
demonstrated that the deliveries are complete and operational.
c. The formal acceptance will take place when the following requirements have
been met
- Delivering at HQ MNC NE – or other agreed location - of all items.
- Successful completion of acceptance testing.
- Agreement between HQ MNC NE and the Contractor on a discrepancy list (if
necessary) and corresponding clearance dates.
d. When discrepancies exist and if these do not prevent satisfactory use or
operation of the supplies, the Contracting Officer may declare the acceptance
provisional. In this case he will withhold from payment an amount
commensurate with the importance of the discrepancies but in any case not
less than ten (10) percent of the total contract value and this until all
discrepancies have been cleared; at that time the acceptance becomes final.
6. DEFAULT
a. HQ MNC NE may, by written notice of default to the Contractor, terminate the
whole or any part of this contract in any one of the following circumstances:
- If the Contractor fails to make delivery of the supplies specified within the
time specified and
- does not cure such failure within a period of ten days (or such longer period
as the Contracting Officer may authorise in writing) after receipt of notice from
the Contracting Officer specifying any failure.
b. Except with respect to defaults of sub-contractors, the Contractor shall not be
liable for any excess costs if the failure to perform the contract arises out of
causes beyond the control and without the fault or negligence of the
contractor. If the failure to perform is caused by the default of a sub-contractor,
and if such default arises out of causes beyond the control of both the
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HEADQUARTERS
Contractor and sub-contractor, without the fault or negligence of either of
them, the Contractor shall not be liable for any excess costs for failure to
perform unless the supplies or services to be furnished by the sub-contractor
were obtainable from other sources in sufficient time to permit the Contractor
to meet the required delivery schedule.
c. Both parties are under duty of good faith. The contract includes not only the
specific terms, but also law and customary practice applicable in the Republic
of Poland and to the Type of Trade to which the contract relates.
7. DISPUTES
a. All disputes arising out of the performance of this contract will be settled
through amicable settlement between the Contracting Officer and the
Contractor.
b. Should the Contracting Officer and the Contractor fail to come to an amiable
Settlement of the dispute, the dispute will be settled by the competent Court of
Poland.
8. PRICE
All prices are firm and fixed; the bidder must attempt to secure any transportation and
associated insurance costs when submitting his offer.
9. TAXES AND CUSTOMS CHARGES
The contract price, including the prices in any sub-contracts, does not include any
customs charges, taxes, value added tax (VAT) or other charges levied by the
member nations of NATO.
10. AUTHORISATION TO PERFORM
The Contractor warrants that he and possible sub-contractors have been duly
authorised to operate and do business in the Republic of Poland; that he and
possible sub-contractors have obtained all necessary licenses and permits required
in connection with the contract.
11. INVOICES
a. All invoices shall be addressed to HQ MNC NE, Łukasińskiego 33, 71-215
Szczecin, Poland. The invoice must be signed by a duly authorised company
official.
b. Invoices shall contain:
Contract number, Purchase Order number, description of supplies, sizes,
quantities, unit prices and extended totals.
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HEADQUARTERS
12. RIGHTS IN TECHNICAL DATA
a. HQ MNC NE shall have unlimited rights in:
- All technical data which was specified as an element of performance in the
contract.
- Plans, drawings, manuals or instructional materials prepared or required to
be delivered under the contract for implementation management, installation,
operation, maintenance and training purposes.
b. Technical data and software delivered under this contract shall be marked with
the number of this contract, name of Contractor and the rights transferred to
HQ MNC NE.
13. SUPPLY AND SERVICE PARTS AVAILABILITY AND WARRANTY
The Contractor warrants that for a period of thirty six (36) months following the date
of acceptance:
a. The Contractor (and possible subcontractors) will maintain and furnish a
source of an adequate supply of services, components, spare parts and subassemblies to properly maintain the supplies.
b. All supplies furnished will be free from defects in material or workmanship and
will conform to the specifications and all other requirements of this contract.
c. The warranty period starts at the date of delivery of the last item bought
(delivery receipt signed by HQ MNC NE) and ends thirty six (36) months after
the date of delivery.
d. Any supplies or parts thereof furnished in replacement shall be subject to the
same warranty as supplies initially delivered. Corrected parts will be warranted
for a period not less than six (6) months starting at the time the part is installed
and functioning at HQ MNC NE.
e. If the Contractor does not agree as to his responsibility to correct or replace
the supplies delivered, he shall nevertheless proceed in accordance with a
written request issued by the Contracting Officer to correct or replace the
defective or non-conforming supplies. In the event it is later determined that
such supplies were not defective or non-conforming within the provisions of
this clause, the contract price will be equitably adjusted.
f. Failure to agree upon any determination to be made under this clause shall be
a dispute concerning a question of fact within the meaning of the "Dispute"
clause of this contract (see para 8).
g. For rented or leased equipment, the above mentioned rules will apply for the
duration of the renting or leasing period. For leased/rented materials, which
are afterwards purchased by HQ MNC NE, the warranty period will begin on
the first day of the leasing period.
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HEADQUARTERS
14. LIQUIDATED DAMAGES
In case of actual damage the Contractor shall pay to HQ MNC NE as fixed, agreed,
and liquidated damages for each calendar day of delay, 0.1% of the total contract
price, less handling, transportation and taxes, to a maximum of 10% of the contract
price. Alternatively, HQ MNC NE may terminate the contract in whole or in part as
provided in the Default Clause (see para 6). In that event the Contractor shall be
liable, in addition to the excess costs mentioned in the Default Clause, for such
liquidated damages accruing until such time as HQ MNC NE may reasonably obtain
delivery or performance of similar supplies or services.
The Contractor shall not be charged with liquidated damages when the delay arises
out of causes beyond the control and without the fault or negligence of the
Contractor, as defined in the Default clause and in such event, subject to the Dispute
clause. The Contracting Officer shall ascertain the facts and extent of the delay and
shall extend the time for performance of the contract when in his judgement the
findings of fact justify an extension
15. PAYMENTS
Payment for all supplies and services shall be made within 30 (thirty) calendar days
after receipt of properly supported and acceptable invoices submitted upon
completion of delivery, inspection and acceptance of the items of supply covered
herein.
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HQ MNC NE GENERAL PROVISIONS (PDF file)

Transcription

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