PAN AFRICAN PROGRAMME FOR THE CONTROL OF EPIZOOTICS (PACE)

Transcription

1 PAN AFRICAN PROGRAMME FOR THE CONTROL OF EPIZOOTICS (PACE) Ministry of Agriculture International Tender Dossier for Invitation to Tender For the supply of Vehicles: 4WD LWB Station Wagon (8) 4WD LWB Pick Up double cabin (17) National Coordination Office June 2003 Addis Ababa

2 PAN AFRICAN PROGRAMME FOR THE CONTROL OF EPIZOOTICS (PACE) Procurement and Property Administration Division Ministry of Agriculture, Addis Ababa DOSSIER FOR INVITATION TO TENDER FOR THE SUPPLY OF Vehicles: 4WD LWB Station Wagon (8) 4WD LWB Pick Up double cabin (17) TENDER EuropeAid/117166/D/S/ET 1

3 Instruction to Tenderers issued by the Federal Democratic Republic of Ethiopia for a project financed by the European Union European Development Fund Project title & no: Pan African Control of Epizootics (PACE) Project The award of the contract is governed by the General Regulations for works, supplies and service contracts financed by the European Development Fund (EDF). The Invitation to Tender consists of Parts A and B, a Technical Annex, Part C and Part D, models. The Roman numerals in Part A (Special Conditions) correspond to the Arabic numerals in part B (Extract of the General Conditions plus certain Special Condition of invitation to tender for Supply Contracts financed by the European Development Fund Where they exist, the Special Conditions in the articles of part A supplement, make explicit, amend or derogate from the condition in the corresponding articles of Part B. Where a point is not covered by Part A, the conditions contained in part B must be applied. Parts A and B together, the Technical Annex and any amendments constitute the complete provisions for the preparation of tenders and for the placing and execution of contracts in response to this Invitation to Tender. Definitions: EC/EEC: The Member States of the European Union. ACP States: African, Caribbean and Pacific States, signatory to the Lomé IV Convention Second Financial Protocol Contracting Authority: Pan African Control of Epizootics (PACE) Project (MOA) Supervisor: Procurement & Property Administration Division, Ministry of Agriculture P.O. Box 62347, Addis Ababa, Ethiopia. Tenderer: any natural or legal person or group of such persons submitting a tender, with a view to concluding a contract. Successful tenderer: the tenderer selected after an invitation to tender procedure or, in the case of direct agreement contracts, the tenderer who signs the contract. Supplier: the party with whom the contracting authority concludes a contract. National currency: the Ethiopian Birr (ETB). Foreign currency: The EURO and or one currency of the EC Member States. 2

4 PART A SPECIAL CONDITIONS I. ELIGIBILITY Participation is open on equal terms to all natural and legal persons governed by public or private law, save for those which are non-profit making, of the EU and/or of the ACP states signatory to the Lomé IV Convention, Second Financial Protocol. II. ORIGIN The supplies offered must originate in the European Union (EU), or in the ACP States signatory to the Lomé IV Convention, Second Financial Protocol A declaration of the origin of the tendered supplies must be provided at the time of submission of the tender stating the country of origin of the supplies. Tenders that do not include the above declaration will be automatically rejected. A Certificate of Origin must be issued by the competent authority in the country of manufacture prior to shipment of the supplies. III. AIM 1.The aim of the contract is the delivery of the following supplies: Lot 1: Vehicles: 4WD LWB Station Wagon (8) 4WD LWB Pick Up double cabin (17) Detailed specifications and characteristics may be found in the Technical Annex, under General Requirements. Wherever trademarks are indicated they mean to describe the type and performance of such equipment, other equipment with comparable performance may be offered. 2. All items must be labelled in English and be accompanied by manuals in the English language where necessary. All items should be for use with V, 50/60 Hz power and fitted with a 220V continental plug unless otherwise specified. Where it appropriate to do so, the tenderer shall include with his offer an annex with an itemised list of spare parts with the respective spare part numbers and prices. The list of spare parts must include those spare parts, which require replacing most frequently. Neither the unit price nor the total price of the spare parts will be included in the comparison of prices for the evaluation of the offers. The offer of the bidders concerning the spare parts may be partially or totally discarded by the Contracting Authority. V. VARIATIONS IN QUANTITIES 1. The limit of variations shall be +/- 1 unit for all major pieces of equipment. The limit of variation on consumable items and equipment with a unit price of less than 1000 ETB shall be +/- 15% of the number of units. 3

5 VI. PACKAGING-MARKING 3. The marking on all packing (consignee) must be clear, legible and read: Pan African Control of Epizootics (PACE) Project Ministry of Agriculture P.O. Box 62347, Addis Ababa, Ethiopia Procurement & Property Administration Division P.O.Box Tender No (in bold) VII. PLACE OF DELIVERY AND PERIOD OF PERFORMANCE 1. The goods supplied are to delivered to: Main Store Ministry of Agriculture Addis Ababa Ethiopia 2. The delivery period shall be stated by the tenderer in their offer as a firm commitment, but must not be more than 60 days from the date of receipt of the contract signed by all parties. Delivery periods within this limit will have no influence upon the evaluation of bids. VIII DELAYS IN PERFORMANCE 1. At a rate of 1/1000 of the value of the undelivered supplies for every day or part thereof to a maximum amount of 10% of the value of the contract. IX. ACCEPTANCE 1. National Project Co-ordinator Pan African Control of Epizootics (PACE) Project (MOA) P.O.Box Addis Ababa, Ethiopia 2. The supplier will advise this body fifteen days before the approximate date of arrival of the supplies at final destination. X. WARRANTY-AFTER SALES SERVICE 1. The warranty period is fixed at 12 months from date of delivery at the final destination. The manufacturer shall warrant that all parts and materials used for manufacture be new, high quality and of good workmanship when equipment is operated according to the service requirements & within the warranty period. The warranty period is twelve (12) months from the date of receipt of the item at final destination. These defects shall be replaced by the manufacturer without incurring any cost to the buyer. 4

6 2. The supplier shall assure a proper after sales service for a period for three years and, in his tender, shall give the name and address of the company which will ensure this after sales service in Addis Ababa. XI. CALCULATION OF PRICES 1. Delivery Duty Paid, at destination: MoA main store A.A Ethiopia Offers made in other INCOTERMS such as CIF will be automatically rejected. XIII SUBMISSION OF TENDERS 1. Offers must be in English 2. The original and two copies of the offer must be delivered to: Ministry of Agriculture Procurement & Property Administration Division P.O. Box Addis Ababa, Ethiopia On Monday 3 November 2003 at 10:00 a.m. hours local time. 1. Offers must be marked "Not to be opened before the official tender opening for Invitation to Tender EuropeAid/117166/D/S/ET for supply of (EC/PACE Lot ) XIV CONTENTS OF TENDER 1. The tenderer shall complete the Tender Price Summary as shown in Annex I. Tenders which do not include the documents specified, in particular under headings a) Tender Price Summary and b) Product Information Sheet, may be disqualified at the opening of tenders XV. CURRENCY OF TENDERS AND PAYMENTS 1. Tenders shall be expressed in Birr (ETB), the national currency of Ethiopia. Offers made in other currencies will be automatically rejected. XVI PERIOD OF VALIDITY 1. Tender validity period: 90 days. XVII OPENING OF TENDERS 1. In public session on Monday 3 November 2003 at 10:30 a.m. hours local time at: Ministry of Agriculture Procurement & Property Administration Division Addis Ababa, Ethiopia XVIII. EVALUATION OF TENDERS The contract shall be awarded to the tenderer whose offer is the lowest priced amongst those found to be responsive in all respects. 5

7 XX. SPREADING OF PAYMENT For all lots payment procedures are as spelled out in article 20 part B general Conditions. For the first payment of 60% the supplier must submit the following documents: Invoice (1 original + 1 duplicate), 1 copy of the Letter of Contract, a bank guarantee (1 original + 1 copy) and a Certificate of Origin (1 original + 1 copy). For the second payment of 30% the supplier must submit with his 30% invoice a provisional acceptance certificate issued by the Project/Client. The third payment of 10% will be made on final acceptance certificate issued by the Client, or upon submission of a bank guarantee for this amount valid for the period of guarantee. XXI. GUARANTEES 1. Tender Guarantee: Applicable 2% 2. Performance Guarantee: 10% of the contract price. XXII PAYMENT PROCEDURES 1. Instalment payments shall be authorised by: XXIII LAW APPLICABLE National Project Co-ordinator European Union/ Pan African Control of Epizootics (PACE) Project (MOA) P.O.Box 1084 Addis Ababa Ethiopia Tel: Fax: The "General Conditions for Supply Contracts financed by the European Development Fund, (document ref. VIII/E/438/90E)" and the Laws of the Federal Democratic Republic of Ethiopia. 6

8 PART B - GENERAL CONDITIONS EXTRACT OF THE GENERAL CONDITIONS plus certain special conditions of invitation to render for Supply Contracts financed by the EUROPEAN DEVELOPMENT FUND P A R T B invitation to tender A separate Part A comprising special conditions will be prepared for each tender procedure. Part A, together with the technical description of the supplies (technical annex) and Part B constitute the complete tender dossier. 7

9 I N D E X 1. Eligibility Origin Aim Lots Variations in quantities Packaging - Marking Place of Delivery and Period of Performance Delays in Performance Acceptance Warranty - After-Sales Service Calculation of prices Taxation Submission of tenders Contents of the tender Currency of tenders and payments Period of Validity Opening of tenders Evaluation of Tenders and Preference Communications and Notification of Award Spreading of Payment Guarantees Payment procedures Contractual Documents and Law Settlement of disputes

10 1.Eligibility Participation in the invitations to tender and in award of Contracts financed by the EDF shall be open on equal terms to natural and legal persons governed by public or private law, save for those which are non profit-making, of the EEC and/or of the ACP States. 2. Origin Supplies must originate in the EEC and/or the ACP states. The concept of origin for the purpose of implementing this Article will be assessed by reference to the relevant international agreements. 3.Aim 3.1 The aim of the Contract is, when specified in the tender documents, the design, manufacture, delivery to site, erecting, testing and commissioning of the Supplies and carrying out any other work including the remedying of any defects in the Supplies. The Supplier shall also provide all necessary equipment, superintendence, labour and facilities required for the performance of the Contract. 3.2 The Supplies must satisfy the technical specifications laid down in the tender documents and conform in all respects with the drawings, survey, models, samples, patterns and other requirements in the Contract The Supplier shall warrant that the Supplies are new, unused, of the most recent mode is and incorporate all recent improvements in design and materials, unless otherwise provided in the tender documents. 3.4 Any Supplies may be proposed which are functionally equivalent or better and adapted both to tropical conditions of use and to the work planned in the country of destination. 3.5 If it is provided in article III.5 of Part A, that the Supplies which are the subject of the invitation to tender are to be delivered with an individual or overall lot of spare parts, the tenderer shall include with his offer a list of such spare parts, corresponding to the needs of the first three years of operation and drawn up in the light of his professional experience and taking into account of the place of use. 3.6 The list of the spare parts must indicate the unit prices thereof, calculated in accordance with Article 11 below. However, the Contracting Authority reserves the right to amend the list of spare parts within the percentage referred to above; these amendments will be indicated in the Contract. 4.Lots 4.1 Where a project has been divided into lots, a Tenderer may submit a tender for each lot. 9

11 4.2 Each lot is the subject of a Contract and the quantities indicated for each individual lot shall be indivisible. The tenderer shall therefore necessarily offer the whole of the quantity or quantities indicated for each lot. Tenders for part of a lot will not be taken into consideration. 4.3 Unless the tender documents provide otherwise, a Tenderer may include in his tender the overall discount would grant in the event of amalgamation of some or all the lots for which he has submitted individual tenders. 4.4 If the Supplies are not divided into lots, the tenderer must offer the whole of the quantity or quantities indicated. 5.Variations in quantities 5.1 If the Contracting Authority reserves the right to vary the quantities stipulated at the time of ordering, the limits of such variations shall be indicated in Article V.1 of part A. 5.2 Where an increase or reduction in the total value of Supplies resulting from the variation of quantities does not exceed 15% of the Contract price, the unit prices of the offer shall be applicable to the quantities ordered within the limits of this variation. 6.Packaging - Marking The Supplier shall provide such packaging of the Supplies as is required to prevent their damage or deterioration in transit to their final destination. 6.1 Unless otherwise provided in the tender documents the packaging of the Supplies shall be the property of the Contracting Authority. 6.3 Each delivery must be accompanied by a statement drawn up by the Supplier containing the date of delivery, the reference number of the Contract, the identification of the Supplier and the particulars of the goods supplied. The packaging and marking within and outside the packages shall comply with the special requirements as shall be expressly provided for in the Contract. 7. Place of Delivery and Period of Performance The place of delivery is set out in Article VII.1 of Part A. The Supplier shall deliver the Supplies in accordance with the terms specified in the Contract and the Supplies shall remain at the risk of the Supplier until provisional acceptance. 7.2 The Supplier shall ensure that the Supplies are delivered to the place of acceptance in time to allow the Supervisor to proceed with acceptance of the Supplies. 7.3 The period of performance is fixed in Article VII.3 of the Part A. Time shall begin to run as from the date of reception of the Contract. this date shall be deemed to be: 10

12 - the second day following the date of posting (postmark) if the Supplier has his registered office in the state issuing the invitation to tender; - seven calender days following the date of posting (postmark) if the Supplier has his registered office outside the state issuing the invitation to tender. 7.4 If a special delivery period is fixed for each lot the periods shall not be cumulative where more than one lot is awarded to the same Supplier. In this case the delivery period for each lot shall run concurrently. 8.Delays in Performance 8.1 If the Supplier fails to deliver any or all of the goods or perform the services within the time period specified in the Contract, the Contracting Authority shall, without notice and without prejudice to his other remedies under the Contract, be entitled to Liquidates Damages for every day or part thereof which shall elapse between the end of the period specified for performance and the actual date of completion, at the rate and up to the maximum amount specified in Article VIII.1 of Part A. 8.2 If the Contracting Authority has become entitled to the maximum amount claim under Article 8.1 he may, after giving notice to the Supplier: a) seize the performance guarantee; and/or b) terminate the Contract; and c) enter into a Contract with a third party at the Supplier's costs for the provision of the balance of the Supplies. 9.Acceptance 9.1 The Supplies shall be taken over by the Contracting Authority when they have been delivered in accordance with the Contract, have satisfactorily passed the required tests, or have been commissioned, as the case may be, and a certificate of provisional acceptance has been issued or is deemed to have been issued. 9.2 The Supplier may apply, by notice to the Supervisor with copy to the Commission Delegate (cf Article XXII.4 of Part A), for a certificate of provisional acceptance not earlier than 15 days before the Supplies, in the Supplier's opinion, are complete and ready for the provisional acceptance. The Supervisor shall within 30 days after the receipt of the Supplier's application either: a) issue the certificate of provisional acceptance to the Supplier with a copy to the Contracting Authority stating, where appropriate, his reservations and, inter alia, the date on which in his opinion, the Supplies were completed in accordance with the Contract and ready for provisional acceptance; or 11

13 b) reject the application giving his reasons and specifying the action which, in his opinion, is required of the Supplier for the certificate to be issued. 9.3 If the supervisor fails either to issue the certificate of provisional acceptance or to reject the Supplies within the period of 30 days, he shall be deemed to have issued the certificate on the last day of that period. 9.4 Upon the expiration of the Warranty Period or where there is more than one such period, upon the expiration of the latest period and when all defects of damage have been rectified, the Supervisor shall issue to the Supplier a Final Acceptance Certificate and copy thereof the Contracting Authority stating the date on which the Supplier completed his obligations under the Contract to the Supervisor's supervisor within the 30 days after the expiration of the Warranty Period. 10.Warranty - After-Sales Service 10.1 The Supplier shall warrant that all the Supplies shall have no defect arising from design, materials or workmanship. Unless otherwise specified in Part A, this warranty shall remain valid for 360 days after the Supplies or any portion thereof have been delivered and commissioned at the final destination indicated in the Contract An after sales service, if required in Article X.2 of Part A, shall be provided. The Supplier shall undertake to carry out or have carried out the maintenance and repair of Supplies and to provide a rapid supply of spare parts. 11.Calculation of prices 11.1 Subject to any additional provisions which may be laid down in the tender documents, the Tenderer shall be deemed to have satisfied himself before submitting his tender as to the correctness and sufficiency of the tender and to have taken account of all that is required for the full and proper performance of the Contract and to have included in his rates and prices all the costs related to the Supplies, in particular: a) the costs of transport; b) the cost of handling, packing, loading, unloading, transit, delivery, unpacking, checking, insurance, and other administrative costs in connection with the Supplies; c) the cost of documents relating to the Supplies where such documents are required by the Contracting Authority; 12

14 d) performance and supervision of on-site assembly and/or of start up of the delivered Supplies; e) furnishing of tools required for assembly and/or maintenance of the delivered Supplies; f) furnishing of detailed operation and maintenance manual for each unit of the delivered Supplies, as specified in the Contract; g) supervision or maintenance and/or repair of the Supplies, for a period of time stated in the Contract, provided that this service shall not relieve the Supplier of any warranty obligations under the Contract; and h) training of the Contracting Authority's personnel, at the Supplier's factory and/or elsewhere as specified in the Contract Depending on whether the Supplies proposed are of local manufacture or are to be imported into the State of the Contracting Authority, the Tendered shall calculate, by lot, the unit prices (and the overall prices) of his tender on one of the following two bases: Where the Supplies are manufactured in the State of the Contracting Authority, the unit and overall prices of the tender must be calculated on the basis of the delivery to the place and subject to the conditions set out in the Article X1.2.1 of Part A, excluding internal taxation levied on the manufacture of the Supplies Where the Supplies are to be imported into the State of the Contracting Authority, the unit and overall prices must be calculated on the basis of delivery to the place and subject to the conditions set out in Article X1.2.2 of Part A, excluding all duties and taxes levied on the import of Supplies Unless otherwise stipulated in Part A, Contracts shall be at fixed prices which shall not be revised. 12.Taxation see also Annex 1 of PART B: Article 69: Tax and Custom Arrangements 12.1 If the tender accepted comprises Supplies of local manufacture (cf Article ), the sum or any internal taxation to be levied on the manufacture of the Supplies will be added to the price tendered, and set out in the Contract If the tender accepted comprises Supplies to be imported (cf Article ) they shall be exempt from import duties and taxes Whatever the origin of the Supplies, the Contract shall be free of all stamps and registration duties. 13

15 13. Submission of tenders 13.1 The tender, Contract documents and all correspondence and documents relating to them shall be in English language 13.2 Tenders must be received by the Contracting Authority at the address and no later than the date and time specified in accordance with Article X111.2 of Part A. Any tenders received by the Contracting Authority after the deadline for receipt of tenders shall be rejected and returned closed to the Tenderer after the opening of session The tender and the annexes thereto as stipulated in the tender documents shall be placed in a sealed non-identifiable envelope bearing only: a) the address designated for the submission of tenders in Article X111.2 of Part A. b) the reference to the notices of invitation to tender in reply to which the tender is being submitted; c) where appropriate, the number of the lots tendered for; and d) the words "not to be opened before the tender opening session" written in the language of the tender dossier. 14. Contents of the tender 14.1 The tender to be prepared and submitted by the Tenderer shall, in accordance with the requirements stated in the tender documents, comprise: a) the completed tender form and appendix thereto; b) the tender guarantee; c) the unit Price Schedule and the Bill of Quantities; d) schedules of supplementary information; e) the documents proving that the Tenderer fills the conditions given in Article 1, dated from less than 90 days previously and drawn up in accordance with the national law of the Tenderer and a statement by the Tenderer specifying the country of origin of the Supplies; f) all the information necessary for assessing the tenders, i.e. all information and catalogues by which the proposed Supplies may be evaluated, e.g. resistance to climatic and road conditions, operation, capacities, maintenance, cost, consumption, fuel, useful life, etc.; 14

16 g) if the tender documents specify that an after-sales service is required, a note indicating the means with which the Tenderer shall meet his obligations to provide such a service; h) if required in Article III.4 of Part A, the list of spare parts with unit prices; i) where appropriate, additional guarantees proposed by the Tenderer concerning, inter alia, the period of performance and the scope of works; j) all information on any subcontracting envisaged; and k) the tender price and the currency of payment, the heading and the number of the bank account and the address where payments are to made The tender shall be signed by the Tenderer or by his duty authorised agent. It shall be drawn up as a single original bearing the word "original" and two signed identical copies of the original and bearing the word "copy". 15. Currency of tenders and payments 15.1 Tenders shall be expressed and payments shall be made in the national currency of the State of the Contracting Authority A Tenderer may request in his tender that a justified part, expressed as a percentage of the tender price, be paid directly to him in foreign currency. The justification required shall be assessed in the light of the verifiable facts as regards the real origin of the Supplies and of the expenditure to which they give rise Where under the Contract the Supplier is entitled to payments in foreign currency, the rates of exchange for calculating the payments shall be those prevailing as published in the Official Journal of the European Communities, series S. 30 days prior to the latest date fixed for the submission of tenders by the Contract. Such rates of exchange shall not be varied Where payments are to be made in the national currency of the Contracting Authority, they must be through the intermediary of an approved bank or agency established in the state of the Contracting Authority. Where payments are to be made in foreign currency, they must be through the intermediary of an approved bank or agency established in the EEC. 16. Period of Validity 16.1 Tenderers shall remain bound by their tenders for a period of 90 days calculated from the final date fixed for the submission of tenders. 15

17 16.2 In exceptional circumstances, prior to the expiry of the original tender validity period, the Contracting Authority may request the Tenderer for a specified extension in the period of validity. Tenderers agreeing to the request will be neither required nor permitted to modify their tenders The Successful Tenderer shall remain bound by his tender for a further period of 60 days following the receipt of the communication notifying him of his selection. 17. Opening of tenders 17.1 Tenders will be opened in public at the address and on the date and time indicated to in Article XVII.1 of Part A by the Committee responsible for examination of the tenders At the public tender opening, the Tenderer's name, the Tender Prices written notifications of tender modifications and withdrawals, the presence of the requisite tender guarantee, and appropriate shall, if any, be announced After the public opening of tenders, information relating to the examination, clarification, evaluation and comparison of tenders and recommendations concerning the award of the Contract shall not be disclosed to Tenderers or other persons not officially concerned with such process Any attempt by a Tenderer to influence the Contracting Authority in the process of examination, clarification, evaluation and comparison of tenders, and in decisions concerning the award of the Contract, shall result in the rejection of his tender. 18. Evaluation of Tenders and Preference 18.1 Prior to the detailed evaluation of tenders, the Contracting Authority shall determine whether each tender is substantially responsive to the requirements of the tender dossier If a tender is not responsive to the tender dossier, it shall be rejected by the Contracting Authority, and may not subsequently be made responsive by correction of withdrawal of the deviations or reservation Tenders that are determined to be responsive shall be evaluated technically for conformity with the invitation to tender dossier and then ranked on the basis of their technical qualities. The tender dossier shall where appropriate, specify the detailed criteria for technical evaluation Following the completion of the technical evaluation, tenders which are technically responsive shall be evaluated financially. Tenders shall be compared in the National Currency. 16

18 18.5 Tenderers of the ACP states who offer Supplies at least 50% in Contract value of ACP origin shall be accorded a 15% price preference where tenders of equivalent economic, technical and administrative quality are compared. 19. Communications and Notification of Award 19.1 Unless otherwise specified in the tender dossier, communications between the Contracting Authority and/or the Supervisor on the one hand, and Tenderers or the Successful Tenderer on the other hand, shall be sent by post, cable, telex, facsimile transmission or personal delivery, to the appropriate addresses designated by these parties for the purpose Prior to the expiry of the period of tender validity, the Contracting Authority shall notify the Successful Tenderer in writing that his tender has been accepted The Contracting Authority shall not be obliged to state the reasons for its choice nor to enter into any discussion or correspondence with Tenderers on the results of the invitation to tender Unless otherwise provided in the tender dossier, within 30 days of receipt of the Contract document, the Successful Tenderer shall sign the Contract. After signature by the Successful Tenderer, the Contract document shall be returned to the Contracting Authority or his authorised representative or the competent authority of the ACP State for approval as necessary, and signature. 20.Spreading of Payment Payments shall be spread as follows: % of the Contract Price, at the time the Contract is placed, on provision of a performance guarantee and/or provision of a guarantee securing repayment of 100% of the amount of this payment instalment, as referred to in Article This payment guarantee will be released within 60 days after provisional acceptance % of the Contract Price following provisional acceptance of the Supplies, (cf Article 9) % of the Contract Price, as payment of the balance outstanding, on expiry of the warranty period and following final acceptance of the Supplies. However, payment of 10% balance may, if the Supplier so wishes, be made at the same time as the 30% instalment referred to in Article 20.2 above, if the Supplier provides a guarantee securing repayment of the full amount of the 10% payment instalment. The guarantee will be released against presentation of the Final Acceptance Certificate, or when no such acceptance has been granted, 60 days after the expiry 17

19 of the period of warranty, save where the Contracting Authority has submitted a claim Where only part of the Supplies have been delivered, the 30% payment instalment due following provisional acceptance (cf Article 20.2) shall be calculated not on the total Contract price, but on the value of the part of the Supplies which have actually be accepted For Supplies where no warranty period is applicable (cf Article 10.1), the payments referred to under Articles 20.2 and 20.3 shall be joined. Payment of both instalments shall be due following provisional acceptance of Supplies (cf Article 9). 21. Guarantees 21.1 Tender guarantee Unless otherwise provided in Article XX1.1 of Part A, Tenderers shall provide a tender guarantee of 2% of the amount of the tender 21.2 Performance guarantee Unless otherwise provided in Article XX1.2 of Part A, the Supplier shall, within 30 days after the receipt the notification of the award of Contract, furnish to the Contracting Authority a guarantee for the full and proper performance of the Contract. The amount of the guarantee shall be as specified in the tender documents and shall in no case exceed 20% of the Contract Price Payment guarantee The guarantee required to secure certain payments must necessarily satisfy the following fundamental requirements: It must be drawn up in favour of the Contracting Authority and payable at his first request It must be issued by a bank, insurance or bonding company, approved by the Contracting Authority and established in the EEC or in an ACP State It must be expressed in the currency of the payment of the Contract Where the guarantee bears an expiry date, and should it appear that acceptance may be delayed until after the expiry date, the validity of the guarantee must be extended, at the request of the Contracting Authority, by successive periods of three months, until such time as acceptance is granted The guarantee may also contain the following provisions: a) any request to pay under the terms of the guarantee must be countersigned by the Commission Delegate in the State of the Contracting Authority; 18

20 b) the guarantee may stipulate a specific expiry date, on condition that this fails at least 60 days following the date laid down in the Contract for provisional acceptance, or two months following the expected date of final acceptance. c) the law applicable to the guarantee shall be that of the State of the institution issuing 22. Payment procedures 22.1 For payments in the National Currency of the State of the Contracting Authority or in the currency of another ACP State, the three payment instalments shall be authorised by authority of the ACP State named in Article XXII.1 of Part A and made by the competent paying agent of the EDF, after agreement of the Commission Delegate For payments in Foreign Currency, the first instalment shall be authorised and made by the EC Delegation in charge of the project as per the procedures. The other payments will be authorised by the authority named in Article XXII.1 of Part A and made by the Delegation of the European Commission to Ethiopia, PO Box 5570, Addis Ababa, Ethiopia 22.3 In order to obtain payments, the Supplier or his representative must forward to the authority which authorise the payments named under 22.1 or 22.2 above the following documents: For the first instalment of 60%. In addition to the invoices in duplicate, a photocopy of the Contract and the original of the guarantee, with one photocopy. Payment will be made within 90 days from receipt of the above documents in due form For the second instalment of 30%, the invoice in triplicate. Payment will be made within 90 days from receipt of the invoices where the Supplies have been accepted, or from the date of the receipt of the Supplies where acceptance takes place after receipt of the invoices For the balance of 10%, the invoices in triplicate or where appropriate, (cf Article 20.3), the original of the guarantee with one photocopy. This payment will be made within 90 days from receipt of the guarantee or, where no guarantee is given, from receipt of the invoices, provided that final acceptance of the Supplies has been given In all cases where invoices are forwarded to the authorities of the ACP State, the Supplier must inform the Commission Delegate thereof by sending a copy of the correspondence to the address given in Article XXII.4 of Part A. 19

21 22.5 The 90 days payment period does not include any delays occurring as a result of banking procedures followed by the banks in the State of the registered office of Supplier If the time-limits fixed for the payments are exceeded, the Supplier shall be entitled to interest calculated pro rata on the basis of the number of calendar days by which payment is delayed, at the rediscount rate of the issuing institute of the State where the payments are made. 23.Contractual Documents and Law Applicable The following documents, indicated by the order of precedence, shall from part of the Contract: a) the notification of award of Contract; b) the Tender and appendix hereto; c) the Part A, special conditions, with the technical annex; d) the Part B, extract of the General Conditions plus certain special conditions; e) the General Conditions for Supply Contracts financed by the EDF (document VIII/E/438/90-EN). In all matters which are not covered by the previous provisions, the law of the State of the Contracting Authority shall apply. 24. Settlement of disputes 24.1 The Contracting Authority and the Supplier shall make every effort to amicably settle any dispute relating to the Contract which may arise between them. To this end, any dispute relating to the Contract which appears, either in the execution or after execution, or before or after cancellation, abandonment or interruption of the Contract, will be submitted to the Supervisor who shall decide and, in the 90 days after his intervention has been requested, shall communicate his decision to the Contracting Authority and to the Supplier. If, within a period of 90 days after the communication of the decision of the Supervisor to both parties, neither the Contracting Authority, nor the Supplier formulate a request for arbitration, this decision will remain final and will bind the Contracting Authority and the Supplier The parties may agree to the settlement of the dispute by conciliation within a specific time limit by a third party after the amicable settlement procedure has failed In the absence of an amicable settlement or settlement by conciliation within the maximum time limits specified, the dispute shall: 20

22 a) in the case of a national Contract, be settled in accordance with the national legislation of the State of the Contracting Authority; b) in the case of a transnational Contract, be settled, either: i) if the parties to the Contract so agree, in accordance with the national legislation of the State of the Contracting Authority or its established international practices; or ii) by arbitration in accordance with the procedural rules adopted in accordance with the Convention. 21

23 ANNEX 1 OF PART B: General Conditions Tax and Custom Arrangements 22

24 Article 69: Tax and Customs Arrangements 69.1 The rules on tax and customs arrangements applicable to this contract are laid down in the convention, in particular its articles 308, 309 and 310. The Contractor is deemed to have taken into account, in the pricing of his tender of the requirements of the following regarding tax and customs arrangements. The provisions of this Article apply also to all new taxes, or other taxes not specifically stipulated in the text, or revisions to the existing tax and duties regime that may be introduced by the State of the Contracting Authority before or during the performance period of the Contract. Extract of the Tax and customs Arrangements of the Convention The following is an extract of the Tax and Customs Arrangements of the Convention. In the case of any discrepancy between the following extract and the convention, the original text of the Convention is applicable. Article 308 The ACP States shall apply to contracts financed by the Community, tax and customs arrangements no less favourable than those applied by them to the most-favoured states or international development organizations with which they have relations. For the purpose of determining the most-favoured-nation treatment, account shall not be taken of arrangements applied by the ACP State concerned to other ACP States, or to other developing countries. Article 309 Subject to Article 308 above, the following shall apply to contracts financed by the Community: (a) (b) The Contract shall not be subject in the beneficiary ACP State to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the ACP State and a fee corresponding to the service rendered may be charged for it; Profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the ACP State concerned, provided that the natural or legal persons who realize such profit and/or income have permanent place of business in that state, or that the performance of the contract takes longer than six months. 23

25 (c) (d) (e) (f) (g) Enterprises which must import professional equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the national legislation of the beneficiary ACP State in respect of the said equipment. Professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary ACP State or States in accordance with its national legislation free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered; Imports under supply contracts shall be admitted into the beneficiary ACP State without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the ACP State concerned shall be concluded on the basis of the ex-works price of the supplies, to which may be added such internal fiscal charges as may be applicable to those supplies in the ACP State; Fuels, lubricants and hydrocarbon binders and, in general, all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the national legislation in force in the beneficiary ACP State; Personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limit of the national legislation in force in the beneficiary ACP state. 24

26 Article 310 Any matter not covered by the provisions of Article 308 and 309 shall remain subject to the national legislation of the ACP State concerned. By way of clarification of Article 309 above, The following provisions shall apply to this Contract: The following paragraphs are numbered from a to g, which refer to the numbering of the paragraphs in Article 309 of the Convention. The term contractor is used for natural or legal persons, companies, enterprises, individual experts et cetera carrying out his works contract as the main contractor or as a sub-contractor. a. Stamp or Registration Duties The contracting Authority shall pay on behalf of the Contractor stamp or registration duties or fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future. Fees if any, for the registration of the Contract in the state of the Contracting Authority shall be payable by the Contracting Authority. b. Corporate and Personal Taxes A contractor with permanent place of business in the State of the Contracting Authority shall be taxable in the State of the Contracting Authority on the profits and/or income arising from the performance of the Contract. The Contracting Authority shall pay taxes from profit and/or income and similar taxes in the State of the Contracting Authority arising from the performance of this Contract on behalf of the contractor with a permanent place of business outside the state of the contracting Authority irrespective of the duration of the Contract. The Contracting Authority shall pay personal income tax and similar taxes on behalf of expatriate personnel employed by the Contractor (other than citizens and permanent residents of the state of the Contracting Authority). Local personnel (citizens and permanent residents of the State of the Contracting Authority) employed by the Contractor shall pay personal income tax and similar taxes in the State of the contracting Authority according to the national legislation. 25

27 c. Customs Duties and Taxes The contractor shall be entitled to temporarily import plant, materials and equipment required for the sole purpose of executing the contract, free of customs and import duties, sales tax, excise tax and other taxes having equivalent effect in connection therewith; which shall be paid on his behalf by the Contracting Authority. The Contracting Authority shall provide a letter of commitment to the Customs Authority to replace any export bond or guarantee, which may be required by the Customs Authority for the temporary importation of the plant and equipment into the state of the Contracting Authority thereby relieving the contractor from producing the same. Upon completion of the Contract, the Contractor is required to re-export all his equipment and surplus plant and materials which were temporarily imported for the purpose of carrying out the Works, and shall be entitled to do so free of export taxes and/or duties. The Contractor and his expatriate personnel shall pay the usual charges for services rendered by clearing agents including customs storage charges. d. Article 309 (d) is not applicable to this Contract. e. Article 309 (e) is not applicable to this Contract. f. Article 309 (f) is not applicable to this Contract and shall be replaced by the followings:- Materials and Services The Contractor can at any time freely choose between importing or purchasing on the local market, any materials to be used in the performance of this works contract, including, but not limited to fuels, lubricants and hydrocarbon binders and spare parts for equipment. The contracting Authority shall pay customs duties, import duties, taxes or fiscal charges having equivalent effect on behalf of the Contractor, for all materials imported for use in the performance of the works contract, including, but not limited to fuels, lubricants, hydrocarbon binders and spare parts. The contractor shall not be exempted from the payment of taxes on materials and services purchased for the performance of the contract on the local market, which shall be subject to the fiscal rules applicable under the national legislation in force in the state of the Contracting Authority. A list of the plant, equipment and/or materials to be imported in to the State of the Contracting Authority by the Contractor, for the purpose of carrying out the 26

28 Works, should be submitted, for checking and approval, to the supervisor at latest one month prior to the intended shipment of the plan, equipment and/or materials. Personnel Effects g. Expatriate personnel employed by the Contractor (other than citizens and permanent residents of the State of the Contracting Authority) shall be entitled to exemption from payment of customs duties and other taxes on imports in respect of personal and household effects, furniture and one motor vehicle per household within six months of their arrival in the State of the Contracting Authority, The personal and household effects, furniture and the motor vehicles shall, at the completion of the Contract be exported or disposed of locally subject to existing rules and regulations. General Expatriate personnel shall pay the usual charges for services rendered in relation to the importation of personal and household effects, furniture and the importation and plating of motor vehicles. Expatriate personnel importing personal effects and a motor vehicle on a dutyfree basis shall not be required to provide any bank guarantees or similar, covering customs duties and other taxes on the personnel effects and the motor vehicle. In order to facilitate the payment of taxes by the contracting authority on behalf of the contractor, the contractor is required to provide the necessary relevant documents to the contracting authority. The Supervisor shall check and approve all materials and equipment to be imported for the execution of the works before commencement of the importation process. The Contractor shall, at least 28 days prior to the intended shipment, provide the Supervisor with all required statements, letters or documents that describe the list of all plant, equipment and materials to be imported, including all necessary information for customs clearance purposes, enabling the Supervisor to check and approve their importation for the execution of the Works. The supervisor shall give this approval or rejection within 28 days of receipt of the necessary documents enabling him to check and approve the kinds of equipment and materials to be imported. The importation of any plant, equipment or materials without the approval of the Supervisor shall be punishable pursuant to the national legislation. 27

29 Where customs duties, tax etc. are collected in error, they shall be refunded to the Contractor by the Contracting Authority. National Legislation Any matter not covered by the provisions of Articles 308 and 309, and the above mentioned clarifications of Article 308, shall according to article 310 remain subject to the relevant national legislation of the State of the Contracting Authority. The Contractor shall be free to select the providers of insurance, banking, shipment, transport, leasing and other services for the execution of the works providing the meet the eligibility criteria stated in the TD. 28

30 PART C: Technical Specifications 29

31 TECHNICAL SPECIFICATION I. Station Wagon LWB, 4WD, Diesel (8) Description/Supplier Manufacturer Model 1. Scope (Fundamental) - Payload: Over 1300Kg - Seating capacity 9 persons - Diesel engine - 4 wheel drive - Fuel Tank Capacity: lockable, over 70 liters capacity 2. Engine (Fundamental) - Type: Diesel - No. Cylinders: at least 4 - Water cooled type - Radiator: tropical, heavy duty type, coolant with corrosion inhibitor - Overheating warning device - Max. Power: minimum 85 KW 3. Electrical System - Battery 12V, heavy duty - Starter Motor, heavy duty type - wind shield wiper operated 2 speed with/intermittent/ electric washers - overload protection fuses & circuit breakers 30