ANNEX A - GENERAL CONDITIONS OF TENDER Mercy Corps is a registered International Non Governmental Organization that has been operating in the Democratic Republic of Congo since 2007. Working in cooperation with communities to help build local capacity and support for economic development, Mercy Corps provides creative, transferable solutions through targeted assistance, capacity building, and community driven development. Mercy Corps DRC invites sealed bids from eligible vendors for the provision of clearing and forwarding, fumigation, handling and transportation of food commodities donated by USAID/Food for Peace Office, from Dar Es Salaam, Tanzania port, to World Vision warehouses in Bukavu, Democratic Republic of Congo. All bids, clearly marked Tender for the Provision of Food Commodities Inland Transport Dar Es Salaam - Bukavu MC-GOM-003/2017 should be addressed, not later than 16:00 hours (Goma time) on November 10 th, 2017: In sealed bid to : Country Director, Mercy Corps DRC Program, 2, Avenue Parallèle, Quartier des Volcans, Goma, Democratic Republic of Congo On scanned tender documents : drc-inlandtransport@mercycorps.org Any tender documents received after the deadline will not be accepted. Any questions concerning this tender should be submitted in writing to Mercy Corps Operations Department at drcinlandtrans-questions@mercycorps.org, with subject clearly marked Tender for the Provision of Food Commodities Inland Transport Dar Es Salaam - Bukavu MC-GOM-003/2017. Responses to questions will be posted on Mercy Corps website www.mercycorps.org/tenders. Mercy Corps reserves the right not to respond to questions that undermine the competitive bidding process. 1. Terms of reference: Sections A to D Section A - Cargo and Shipping Particulars A1/ Complete Bill of Lading Details, and updated arrival at discharge port will be provided to <contractor> upon award of project. A2/ <contractor> hereby acknowledges and understands that the actual quantities for which they will perform the scope of work may be more or less than those set forth below. Cargoes, approximate quantities and final destination: Page 1 of 8
Approximately 500 Metric Tons, in one lot, of various bagged/packaged commodities for delivery to warehouses located in Bukavu, Democratic Republic of Congo. Approximately 500 MT (Five hundred Metric Tons) delivered around January - February 2017. Section B - Scope of Work B1/ Cargo will be discharged from vessel basis full berth terms (no demurrage and no dispatch on vessel/ containers) in a break-bulk form, and/or in containers. Cargoes will be discharged at Dar Es Salaam, Tanzania. If cargoes arrive in break-bulk form, the cargo is to be placed onto the truck and forwarded to the Receiver. If containerized for Ocean Carriers convenience, containers are to be discharged and moved to the Ocean Carrier s clearing forwarding section (CFS) where the Ocean Carrier is responsible to de-van the cargo and to make it available to the Receiver at a place of rest in the CFS. <Contractor> must be capable of / prepared to: a. Accept cargoes in a break-bulk form, and/or in containers; b. Must be able to consolidate cargoes prior to commencement of inland delivery; c. Must be capable to submit pre-clearance documentation on the next day of signing of the contract; d. Must have a fleet of trucks sufficient to move commodities without any delay. B2/ <Contractor> will arrange to accept cargoes as per B1 above within the discharge port. B3/ All costs associated with the acceptance of cargo from Ocean Carrier within nominated disport (in keeping with B1 above), loading cargo same to inland vehicles, transport of cargo to final point at Bukavu, DRC, and offloading of vehicles into Receivers warehouse(s) / facility(ies) floor in Bukavu, DRC are for the account of <Contractor> and are included in the inland transport rate(s) as set forth in Section D hereof. <Contractor> has to itemize cost and offer costing per Metric Ton. These costs include, but are not limited to: a. Discharge port charges i.e. shore handling, wharfage; b. Shipping line charges i.e. terminal handling charge, delivery order fee, lift off/on charges, container cleaning charges; c. Customs formalities, i.e. on arrival discharge port; on transit borders; and, at final destination(s) as may be required for transport purposes; Page 2 of 8
d. Temporary storage at disport (including after 15 days in port); e. Truck transport FOT from Dar Es Salaam disport to warehouse in Bukavu, DRC (warehouse address to be provided later). f. Loading trucks or rail cars; g. Offloading of trucks to warehouse floor in Bukavu DRC; h. Transit bond in Tanzania and Rwanda Agency; i. Transit handling charges in Tanzania and Rwanda; j. Return of empty containers to discharge port (if any); k. Border clearance into DRC; l. Transport insurance; m. Phytosanitary border inspection at disport in keeping with transiting country s regulations; n. Fumigation of bagged cargoes prior to commencement of transport to DRC in keeping with DRC regulations; o. Duties, taxes and fees that may be applicable. E.g. Sumatra/TCFB, OGEFREM/TCFB; p. Stripping containers; q. Packing charges in customs bonded yard at Bukavu; r. Any transshipment costs. B3/ Storage. The <Contractor> will take full responsibility regarding storage of cargo in the event that he is not able to provide sufficient trucks to move the commodity out of the port within the 15- day free storage window. If for this, or any other reason, there are port storage charges after the 15-day free period the <Contractor> will bear the expense. B4/ All customs clearances, and preparations for same, are solely for the account of <Contractor> who hereby warrants that it has all necessary documents and permits to transport goods from the disport to point(s) within DRC. <Contractor> hereby confirms that it is solely responsible for all costs associated with clearing cargoes with all local authorities to ensure that cargo transits without undue delay. B5/ <Contractor> will provide trucks suited for the carriage of food commodity either in bags or cartons and to provide protective means for securing the safety and integrity of the cargo while in transit. Should any infestation loss or damage be found in cargo upon arrival/unloading of trucks at the warehouse store in Bukavu, resolving same is for the account of the <contractor>. <Contractor> undertakes to perform an independent inspection of the cargoes aboard vessel and again upon placing commodity on trucks. Any infestation loss or damage found will immediately be brought to the attention of the vessel s agent for remedy. Should any infestation loss or damage be found in cargo upon final delivery at Bukavu DRC, <contractor> is to assume full responsibility and cost for resolving the same. If any breakdown in trucks occurs the contractor Page 3 of 8
must be ready to provide a replacement truck to transship the commodity and send it to the destination without delay. B6/ Panalpina, Inc. will provide <contractor> with written notice of vessel status upon award of contract. Same will be confirmed 4 days in advance of vessel's projected arrival at declared disport. <Contractor> shall have all in readiness to begin operations immediately upon arrival of vessel(s) at the disport. If there is any delay in moving the commodity, demurrage charges are the responsibility of the <Contractor>. B7/ <Contractor> will prepare waybills, for each truck loaded, which are to include: a. Name of driver; b. Piece count and weights (net and gross tons); c. Date of loading and departure from disport. <Contractor> to provide details of trucks to Panalpina, Inc. / Mercy Corps a minimum of 2 business days in advance of departing disport and/or transiting point. Panalpina, Inc. / Mercy Corps confirmation is required before cars / trucks depart disport and / or transiting point. <Contractor> to assume expense (if any) for holding cars / trucks not approved to depart disport and/or transiting point. <Contractor> to provide daily departure confirmation to Mercy Corps that includes the truck number/quantity and commodity loaded on each truck. Copies of waybills are to be delivered to Mercy Corps Representative at the final destination(s). Panalpina will need to receive waybills approved by Mercy Corps as noted in the next paragraph which is the supporting documentation needed before Receiver can submit invoices to Panalpina / USAID for payment. <Contractor> to provide daily e-mail reports to Mercy Corps regarding trucks departing disport, in transit and delivered to Bukavu, DRC. A copy of each waybill, duly signed/sealed by Mercy Corps Representative, indicating clearly amount and condition of cargo received by Mercy Corps at final destination is to be submitted to Panalpina as part of request for final payment. Any shortages, infestation, damages noted by Mercy Corps Representative on waybill will be for the account of <Contractor> and claims against <Contractor> will be deducted from freight payment without discussion based on Regulation 11 Calculations, which are the f.o.b. or f.a.s. or commercial export price of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the U.S. Government in making delivery to the cooperating sponsor. B8/ <Contractor> hereby acknowledges full responsibility for any/all damage or injury to persons or property resulting from the use, maintenance, or operation of any vehicle or other equipment by it or any of its employees, agents, or representatives in performing under this contract. Page 4 of 8
<Contractor> indemnifies Mercy Corps, jointly and severally, or any of their employees, agents, or representatives against claims for damage or injury in such cases. B9/ <Contractor> hereby acknowledges full responsibility for all losses and damages to cargoes from time of receipt at discharge port from Ocean Carrier. <Contractor> to deliver cargoes Free on Truck (FOT) at Receivers warehouse and unload onto Receiver's warehouse floor in Bukavu DRC at <Contractor> cost. Receiver will enforce zero tolerance for losses, infestation, damages. If contractor wishes to cover the risk with their insurance they should do so, but any such insurance premium must be included in the charges for the transport from discharge port to destination and not be a separate line item. Invoicing showing insurance will not be considered for payment as a separate line item. B10/ <Contractor> will commence movement of cargo to the final destination point(s) named in Section D immediately after cargoes are made available from Ocean Carrier as per B1(a) above within disport unless otherwise agreed to, in writing, by Mercy Corps. <Contractor> to provide / employ on-site supervision at all points of cargo handling to ensure cargo security and integrity. <Contractor> to provide / employ en route security for trucks. Full details of this security to be outlined in offer and will be incorporated into final contract by reference. B11/ <Contractor> must state years of experience in the industry, and indicate previous customers. Section C - Cargo Damages and Shortages C1/ The value of cargo moved under this contract is the f.o.b. or f.a.s. commercial export price of the commodity at the time and place of export, plus ocean freight charges and other costs incurred by the U.S. Government in making delivery to the cooperating sponsor. Amount of cargo discharged from vessel, and thereafter the responsibility of <Contractor> (i.e. number of bags and cartons), will be determined by an independent surveyor (appointed by Mercy Corps) at the disport. The surveyor appointed by Mercy Corps should conduct survey during unloading from trucks at the final destination. Using said figures, a proportionate amount will be deducted from <Contractor> s invoice(s) for any shortages, losses, or damages as noted in Section B) in final delivery amount received and signed for by Mercy Corps Representative(s). <Contractor> to provide copy of its insurance coverage and/or certified performance bond (both to cover full value of the cargo) as part of its offer and will be incorporated into final contract by reference. Section D - Rates/Charges D1/ <Contractor> will be compensated in USD. Page 5 of 8
D2/ Mercy Corps ocean freight tender/booking note includes provision requiring delivery to disport thirty (30) days from bill of lading date. Similarly, Mercy Corps requires commencement of delivery of the cargoes to Bukavu, DRC no later than thirty (30) days from arrival of cargoes at disport. A delivery delay assessment (DDA) of USD 1.00 per gross metric ton will be levied for each day, or pro-rata, beyond the 30-day period. DDA s, if any, will be deducted from final payment to <contractor>. D3/ Above rates are all inclusive per gross metric ton as determined from figures contained on waybill, less any claims for shortages, losses, or damages. The gross weight per bag or carton will be as per the Bill of Lading. D4/ Freight will be paid by Panalpina, Inc., (on behalf of Mercy Corps) once funds are received from USAID which is approximately forty five (45) days of receipt of <Contractor> invoices supported by signed waybills stamped and approved by World Vision as Mercy Corps sub grantee and as described in Section B7. D5 / A commission of 2.50% of the gross invoice amount is due and payable to Panalpina, Inc. This commission must appear in the invoice on a specific line. A paid invoice, issued by Panalpina, Inc. will be required as a condition of payment. 2. Language: As determined by Mercy Corps, the working language of this tender is English. Other languages will not be accepted. 3. Source of Financing: The program is financed by USAID/Food for Peace Office 4. Qualifying and Conditions: The main criteria for admission to the tender are as follows: 1. Company information including address, copy of license, company registration, VAT registration, contact information and key staff contacts. 2. Company should have working office in the port of Dar Es Salaam, Tanzania. 3. Company should own not less than 10 trucks of 32 MTs each truck in good running condition. 4. Must provide proof of bank account in the registered company name at a reputable bank 5. Must have proof of valid commercial vehicle insurance policy against bodily injury and property damage 6. Must provide details of signed audited annual accounts 7. Must have details of organizational structures 8. Must provide undertaken similar work before (Bulk Food Commodity Transportation) 9. Must provide references from current or previous clients 10. Must be able to provide storage of the goods at their cost in case of customs delays at points of entry. Page 6 of 8
5. Tender Basis: 1. All Tender Documents must be completed in full, or the application will be disqualified. 2. It is intended by Mercy Corps to invite tenders for Lump-Sum Contracts only. No supply may be subcontracted. 3. If Applicants have any additional request and conditions, this shall be stipulated in a separate letter accompanying the bid. 4. Each applicant may make one bid only. 5. Each bid shall be valid for the period of 60 days from its date of submission. 6. Bids shall be made in writing calculated in United States Dollars (USD) only and clearly stated on the appropriate forms. 7. All prices should include all taxes, compulsory payments, levies and duties, including VAT. 8. The applicant shall state the availability of trucks at the shortest possible notice 9. Clarifications regarding the work must be raised in writing to Mercy Corps and sent via email to cdtenderdrcquestions@mercycorps.org with the subject stating Bid Submission-Tender No. MC- GOM-003/2017. The answer to questions raised in writing by any applicant will be posted on www.mercycorps.org/tenders. However, it is a condition of this tender that no clarification shall be deemed to supersede, contradict, add to or detract from the conditions hereof, unless made in writing and signed by the Country Director. Mercy Corps reserves the right not to respond to questions that undermine the competitive bidding process. 6. Performance Standards: The transportation must be undertaken in accordance with all relevant road traffic act, rules, regulations and statutes currently in force in the transit countries, Democratic Republic of Congo and conditions specified by Mercy Corps. 7. Eligibility of Applicants: Applicants must not apply if they: 1. Are not registered companies. 2. Are bankrupt or in the process of going bankrupt. 3. Have been convicted for an offense concerning professional conduct. 4. Have been guilty of grave professional misconduct (proven by any means which the contracting authorities can justify) 5. Have not fulfilled obligations related to payment of social security and taxes. 6. Are guilty of serious misinterpretation in supplying information. 7. Are in situations of conflict of interest (with prior relationship to project or family or business relationship to parties on the Committee). 8. Were declared at serious fault of implementation owing to a breach of their contractual obligations 9. Are on any list of sanctioned parties issued by the United States Government, European Union and United Nations. 8. Bid Delivery: All tenders clearly marked with the precise reference of the invitation to which it is a response, the delivery address and the name of the applicant will be delivered by the date and time stated: Page 7 of 8
Sealed envelope : Mercy Corps DRC Goma office 2 Avenue Parallèle, Quartier des Volcans Goma, Republic Democratic of Congo Scanned tender documents : drc-inlandtransport@mercycorps.org Bids delivered after the specified time will not be accepted. 9. Bid Opening: The bids will be opened only in the presence of the Committee, at an agreed time by the Committee. The applicant s name, the bid prices, the total amount of the bid, any discounts and such other information that the Committee may consider appropriate will be announced and registered in the minutes. Bid Evaluation: The Committee will check the tenders to ensure that they contain no amendment to the terms or any other (calculation) errors. To assist in the examination, evaluation and comparison of bids, the Committee may, at its discretion, request clarification from the Mercy Corps Engineer and or Technical Personnel. Technical Evaluation: The offers will first be evaluated on technical merits. The technical evaluation assesses the capacity of the company to supply on the basis of submitted technical documents. It will notably include the composition of the own fleet and planned use of sub-contracted transporters, the demonstrated capacity, in previous contracts, to manage customs clearance in DRC. Financial Evaluation: The financial evaluation is based on the cost stated in the tender, of the provision of the transport services. 10. Selection of Tender: Selection of the successful applicant will be based on good price offer, technical specification, number of truck available on the fleet, record of past performance. Mercy Corps reserves the right to accept or reject any or all offers and is not bound to accept the lowest offer. Mercy Corps reserves the right to request a new open tender. 11. Acceptance of Successful Tender: Taking into consideration the recommendation of the Committee, Mercy Corps will make the final choice of the awarded company. Mercy Corps will then send a letter of acceptance to the successful applicant. After submitted documentation from the selected firm has been verified, the firm will then be obliged to sign the contract for the stated amount. Any amendment to the awarded tender will be documented as an Annex to the contract and will be determined by Mercy Corps. Page 8 of 8