SUPPLY OF CARS TENDER DOSSIER October 2017 1
Preamble GVC - Gruppo Di Volontariato Civile is an Italian non govermental organization funded in Bologna (Italy) in 1971 and working in Lebanon since 2006, specifically in North Bekaa since 2012. Its projects include mainly Emergency and Development activities directed towards Lebanese and Syrian nationals. GVC main office in Lebanon is in Beirut, the coordination office in Zahle, and has operational offices in Al Ain (North Bekaa) and Kobayat (Akkar). By submitting a tender, the tenderer accepts in full and without restriction the following conditions as the sole basis of this tendering procedure, whatever his own conditions of sale may be, which he hereby waives. Tenderers are expected to examine carefully and comply with all instructions, forms, contract provisions and specifications contained in this tender dossier. Failure to submit a tender containing all the required information and documentation within the deadline specified will lead to the rejection of the tender. No account can be taken of any reservation in the tender as regards the tender dossier; any reservation will result in the immediate rejection of the tender without further evaluation. The procedures applied by GVC in the present tender are inspired by the principles of: - Transparency in the procurement procedures; - Proportionality between the procedures followed for awarding contracts and the value of the contracts; - Equal treatment and non-discrimination of potential Suppliers and donors A. CONTENT 1. Supplies/service to be provided 1.1 The subject of the contract is the rental of cars, as per following specification: N. Type of car Number of cars Traction 1 City car (e.g. Yaris/Kia Rio) 10-40 2x4 2 Off-road (e.g. Kia Sportage) 4-30 4x4 Estimated Duration 26 months renewable 26 months renewable Start date (estimated) 1 st November 2017 1 st November 2017 1.2 The number of cars to be supplied can increase during the year from the indicated minimum according to the needs of the projects GVC is carrying on. The supplier will keep fixed full-inclusive prices for the whole duration of the contract. The number of cars and rental periods will be communicated in written through Delivery Orders based on the Contract that will be signed at the end of this procedure. 1.3 The supplies must comply fully with the technical specifications set out in Annex A and conform in all respects with description, quantities, models, and other instructions. 1.4 The cars offered should preferably have the following characteristics: - Being in good condition and shape; - Being compliant with insurance and service conditions specified in Annex A; - Being equipped with spare tyre and a tool kit for tyre replacement, reflective vests, led safety triangle, alerting flash triangle; 2
- Have 0 Km. 1.6 The offer should: - Mention clearly the car model and the Kms of the car. - Mention clearly the monthly rate in USD for each type of car specifying VAT separately. - Indicate the national territory coverage by the supplier s services, i.e. the ability to deliver and service especially in Zahle and Kobayat (Akkar). - Be presented on the annexed forms. 1.7 GVC encourages tenderers to provide as many options as possible. 2. Timetable Tender Dossier availability From 13/10/2017 to 30/10/2017 From GVC website Deadline for asking clarifications 29/10/2017 18:00 Deadline for receiving clarifications 30/10/2017 12:00 Deadline for submission of Tenders 30/10/2017 18:00 Tender opening session 31/10/2017 09:00 Contract award notification (estimated) 31/10/2017 N/A Contract signature date (estimated) 01/11/2017 N/A 3. Submission of the Tender 3.1. Tenders must be received before the deadline specified in the timetable above and must include the documents listed in section 3.4. The offer signed and stamped will be hand-delivered to the following address: GVC Office in Zahle Delbani Building, 1st floor, Apartment #2, Saint George Street 3821, Ksara-Zahle, Lebanon Contact persons (from Monday to Friday 08:00 to 16:30): Guglielmo Mortari GVC Country Administrator administration.lebanon@gvc-italia.org Tel. n. 78 917 488 Nadine Machaalany GVC Procurement Officer n.machaalany@gvc-lb.org Tel. n. 70 029 012 3.2. All Tenders must be submitted in one original copy and one exact copy marked original and copy respectfully, type or hand-written in ink. All Tenders must be received by registered letter with acknowledgement of receipt or hand-delivered against receipt signed by GVC Project Co-ordinator or his representative. 3
3.3. If hand-delivered all Tenders, including annexes, supporting documents and samples must be submitted in a sealed envelope bearing only: a. the address mentioned in article 3.1; b. the Reference of this Tender Procedure (GVC/LEB/2017/OLT02) c. The name of the Tenderer (in English). 3.4. All Tenders submitted must comply with the requirements in the Tender dossier and must comprise: a. Annex A: Technical and Financial Offer b. Annex B: Tender s Declaration. c. Annex C: Tender submission Form d. Act of VAT registration B. GENERAL CONDITIONS 4. Eligibility 4.1. Participation in tendering is open on equal terms to natural and legal persons (participating either individually or in a grouping [consortium] of tenderers). Tenderers must provide evidence of their status. 4.2. These rules apply to: a. tenderers; b. members of a consortium; c. Sub-contractors. 4.3 The Contracting Authority will exclude from participation in a procurement procedure candidates or tenderers falling into any of the following cases: a. They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations; b. They have been convicted of an offence concerning their professional conduct by a judgment that has the force of res judicata; c. They have been guilty of grave professional misconduct proven by any means that the Contracting Authority can justify; d. They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Contracting Authority or those of the country where the contract is to be performed; e. They have been the subject of a judgment that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities' financial interests; f. Following another procurement procedure or grant award procedure financed by the Community budget, they have been declared to be in serious breach of contract for failure to comply with their contractual obligations. 4.4 Candidates or tenderers must certify by any relevant means that they are not in one of the situations listed above. 4.5 Contracts shall not be awarded to candidates or tenderers who, during the procurement procedure: a. Are subject to a conflict of interest; b. Are guilty of misrepresentation in supplying the information required by the humanitarian organisation as a condition of participation in the contract procedure or fail to supply this information. Tenderers or candidates who have been guilty of making false declarations will also incur financial penalties representing 10% of the total value of the contract being awarded. That rate may be increased to 20% in the event of a repeat offence within five years of the first infringement. 4.6 To be eligible for participation in this tender procedure, tenderers must prove to the satisfaction of the Contracting Authority that they comply with the necessary legal, technical and financial requirements and 4
have the wherewithal to carry out the contract effectively. In particular, with reference to the Annex B of this Tender Dossier. 5. Ethics clauses 5.1. Any attempt by a candidate or tenderer to obtain confidential information, enter into unlawful agreements with competitors or influence the committee or the Contracting Authority during the process of examining, clarifying, evaluating and comparing tenders will lead to the rejection of their candidacy or tender and may result in administrative penalties. 5.2. Without the Contracting Authority's prior written authorisation, a Supplier and its staff or any other company with which the Supplier is associated or linked may not, even on an ancillary or subcontracting basis, supply other services, carry out work or supply equipment for the project. This prohibition also applies to any other projects that could, owing to the nature of the contract, give rise to a conflict of interest on the part of the Supplier. 5.3. When putting forward a candidacy or tender, the candidate or tenderer shall declare that he is affected by no potential conflict of interest and has no particular link with other tenderers or parties involved in the project. Should such a situation arise during performance of the contract, the Supplier must immediately inform the Contracting Authority. 5.4. The Supplier must at all times act impartially and as a faithful adviser in accordance with the code of conduct of his profession. The Supplier shall refrain from making public statements about the project or services without the Contracting Authority's prior approval. The Supplier may not commit the Contracting Authority in any way without its prior written consent. 5.5. For the duration of the contract the Supplier and its staff shall respect human rights and undertake not to offend the political, cultural and religious mores of the beneficiary state. 5.6. The Supplier may accept no payment connected with the contract other than that provided for therein. The Supplier and its staff must not exercise any activity or receive any advantage inconsistent with their obligations to the Contracting Authority. 5.7. The Supplier and its staff shall be obliged to maintain professional secrecy for the entire duration of the contract and after its completion. All reports and documents drawn up or received by the Supplier shall be confidential. 5.8. The contract shall govern the Contracting Parties' use of all reports and documents drawn up, received or presented by them during the execution of the contract. 5.9. The Supplier shall refrain from any relationship likely to compromise his independence or that of its staff. If the Supplier ceases to be independent, the Contracting Authority may, regardless of injury, terminate the contract without further notice, and without the Supplier having any claim to compensation. 5.10. The Contracting Authority reserves the right to suspend or cancel project financing if corrupt, fraudulent, collusive or coercive practices of any kind are discovered at any stage of the award process. For the purposes of this provision: a. Corrupt practice is defined as is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the activities of the Contracting Authority; b. Fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Contracting Authority to obtain a financial or other benefit or to avoid an obligation; c. Collusive practice is an undisclosed arrangement between two or more tenderers or candidates designed to artificially alter the results of the tender procedure to obtain a financial or other benefit; d. Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities. 5.11. All tenders will be rejected or contracts terminated if it emerges that the award or execution of a contract has given rise to unusual commercial expenses. 5
5.12. Such unusual commercial expenses are commissions not mentioned in the main contract or not stemming from a properly concluded contract referring to the main contract, commissions not paid in return for any actual and legitimate service, commissions remitted to a tax haven, commissions paid to a recipient who is not clearly identified or commissions paid to a company which has every appearance of being a front company. 5.13. The Supplier shall supply the Contracting Authority with all supporting documents relating to the conditions of the contract's execution mentioned in article 3.4. The Contracting Authority may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence in cases of suspected unusual commercial expenses. 5.14. When putting forward a candidacy or tender, the candidate or tenderer shall declare its commitment to the non exploitation of child labor and to the respect of basic social rights and working conditions. The Contracting Authority may carry out whatever documentary or on-the-spot checks it deems necessary to find evidence of the enforcement of the above mentioned principles. 6. Language of offers 6.1 The language of the tender is English. 7. Period of validity 7.1 Tenderers shall be bound by their Tenders for a period of 45 days from the deadline for the submission of Tenders. 7.2 The successful Tenderer will be bound by the Tender for a further period of 30 days following receipt of the notification that the Tenderer has been selected. 8. Currency and pricing 8.1 The prices of the offer will be expressed in USD and they must be expressed on a monthly lump sum basis that must be inclusive of all annexed costs due in Lebanon. 8.3 The prices will be considered fixed and valid for the entire duration of the contract until the complete execution of the delivery. No additional charge of whatsoever nature and type will be accepted by the Contracting Authority. 8.4 The amount of the Contract includes VAT. In case GVC will be able to obtain a VAT exemption certificate from Lebanese Government during the execution of this contract, all payments that will be executed after the date of reception of the certificate from the Government, shall be discounted of VAT. 9. Delivery plan 9.1 The time for the deliveries of the cars will be indicated by the Contracting Authority through Delivery Orders after acceptance with the supplier. 10. Insurance 10.1 The Contracting Authority shall bear no responsibilities over losses or damages of the procured products incurred during the performance period and before acceptance of the products. It is therefore up to the Supplier to insure the product if necessary. 11. Ownership of tenders 11.1. The Contracting Authority retains ownership of all tenders received under this tender procedure. Consequently, tenderers have no right to have their tenders returned to them. 12. Joint venture or consortium 6
12.1. If a tenderer is a joint venture or consortium of two or more persons, the tender must be single with the object of securing a single contract; each person must sign the tender and shall be jointly and severally liable for the tender and any contract. Those persons shall designate one of their members to act as leader with authority to bind the joint venture or consortium. The composition of the joint venture or consortium must not be altered without the prior consent in writing of the Contracting Authority. 12.2. The tender may be signed by the representative of the joint venture or consortium only if he has been expressly so authorised in writing by the members of the joint venture or consortium, and the authorising contract, notarial act or deed must be submitted to the Contracting Authority in accordance with article 4 of this Tender Dossier. All signatures to the authorising instrument must be certified in accordance with the national laws and regulations of each party comprising the joint venture or consortium together with the powers of attorney establishing, in writing, that the signatories to the tender are empowered to enter into commitments on behalf of the members of the joint venture or consortium. Each member of such joint venture or consortium must provide the proof required under Article 5.5 as if it, itself, were the tenderer. 13. Subcontracting 13.1. Subcontracting, the whole or part of the contract cannot be carried out without previous authorisation of the Contracting Authority. 13.2. In any case, the Subcontractor has to comply with the eligibility criteria stated in Articles 4 and 5. C. TENDER PROCESS 14. Additional information before the deadline for submission of tenders 14.1 Prospective Tenderers shall have - before the deadline for submission of Tenders - the chance to request additional information on the tasks to be executed under this contract. This request must be addressed in a written form within the deadline specify in the timetable (art. 2) 14.2 The Contracting Authority will provide written clarifications to all Tenderers according to the deadline specify in the timetable (art. 2) 15. Alteration or withdrawal of tenders 15.1. Tenderers may alter or withdraw their tenders by written notification prior to the deadline for submission of tenders referred to in Article 3. No tender may be altered after this deadline. Withdrawals must be unconditional and will end all participation in the tender procedure. 15.2. Any such notification of alteration or withdrawal must be prepared and submitted in accordance with Article 3. The outer envelope must be marked 'Alteration' or 'Withdrawal' as appropriate. 15.3. No tender may be withdrawn in the interval between the deadline for submission of tenders referred to in Article 3 and the expiry of the tender validity period. Withdrawal of a tender during this interval may result in forfeiture of the tender guarantee. 16. Cancelation of the Tender Procedure 16.1 In the event of a Tender Procedure's cancellation, Tenderers will be notified by the Contracting Authority. Cancellation may occur where: a) the Tender Procedure has been unsuccessful, namely where no qualitatively or financially worthwhile Tender has been received or there has been no response at all; b) the economic or technical parameters of the project have been fundamentally altered; c) exceptional circumstances or force majeure render normal performance of the project impossible; d) all technically compliant Tenders exceed the financial resources available; e) There have been irregularities in the procedure, in particular where these may have prevented fair competition between negotiated procedure tenderers; f) The project set to finance the operation has not been approved by the Donor. 7
In no circumstances will the Contracting Authority be liable for damages, whatever their nature (in particular damages for loss of profits) or relationship to the cancellation of a Tender, even if the Contracting Authority has been advised of the possibility of damages. The publication of a procurement notice does not commit the Contracting Authority to implement the programme or project announced. 17. Opening of Tenders 17.1 The Tenders will be opened in public session on 31/10/2017, at 09:00, at GVC Beirut Office by the committee appointed for the purpose. The committee will draw up minutes of the meeting, which will be available on request. 17.2 At the Tender opening, the Tenderers' names, the Tender prices, and such other information as the Contracting Authority may consider appropriate must be announced. 17.3 After the public opening of the Tenders, no information relating to the examination, clarification, evaluation and comparison of Tenders, or recommendations concerning the award of the contract can be disclosed. 18. Evaluation of Tenders 18.1 The Evaluation Committee will check that Tenders comply with the essential requirements of the Tender Dossier, including the Administrative compliance, the Technical admissibility and financial evaluation of each Tender. A Tender is deemed to comply if it satisfies all the conditions, procedures and specifications in the Tender Dossier. 18.2 To facilitate the examination, evaluation and comparison of Tenders, the Evaluation Committee may ask each Tenderer individually for clarification of their Tender, including breakdowns of prices. The request for clarification and the response must be in writing only, but no change in the price or substance of the Tender may be sought, offered or permitted. Decisions to the effect that a Tender is not technically compliant shall be duly justified in the evaluation minutes. 18.3 The Evaluation Committee will not necessarily choose on the basis of lowest price alone but will award one of received offer on the basis of value for money, price, quality, compliance with international norms, delay for delivery, additional services provided by the tenderer and overall reliability of the company. 18.4 GVC has the possibility to reduce the number of months for each car and the monthly price should not change. GVC has the possibility to raise the number of months for each car and to request additional cars on the basis of the need of the projects and the monthly price should not change. Rental agreement can be extended without long prior notification and in case GVC need to cancel the rental of a car the daily rental rate (monthly rate divided 30 days) will be applied for the days of rental. 19. Signature of the Contract 19.1 The result of the tender will be communicated to all tenderers in writing. 19.2 Within 5 working days of receipt of the contract already signed by the Contracting Authority, the selected tenderer must sign and date the contract and return it, to the Contracting Authority. Upon signing the contract, the successful tenderer will become the Supplier and the contract will enter into force. 19.3 If the successful tenderer fails to sign and return the contract and any financial guarantee required within 10 days after receipt of notification, the Contracting Authority may consider the acceptance of the tender to be cancelled without prejudice to the Contracting Authority's right to seize the guarantee, claim compensation or pursue any other remedy in respect of such failure, and the successful tenderer will have no claim whatsoever on the Contracting Authority 19.4 The Contracting Authority reserves the right to vary the quantities stipulated at the time of ordering, the unit prices used in the tender shall be applicable to the quantities procured. 8
19.5 After the signature of the contract, the Supplier shall provide any detailed information requested by the Contracting Authority, European Commission, the European Anti-Fraud Office (OLAF) and the Court of Auditors, or by any other qualified outside body chosen by the Commission or by the Contracting Authority for the purposes of checking that the activities implemented in the context of the present contract are being properly carried out. The Supplier therefore allows the Contracting Authority, European Commission, the European Anti-Fraud Office (OLAF) and the Court of Auditors to carry out the documentary and on-the-spot checks deemed necessary by the abovementioned authorities. D. CONTRACT GENERAL CLAUSES 20. Type of contract 20.1. The contract that will be signed between the successful tenderer and the Contracting Authority will follow GVC General Contract Template for supplies and services (see Annex D). 21. Preliminary inspection 21.1. The Contracting Authority reserves the right to conduct preliminary inspections. Preliminary inspections can be lead by internal staff of the Contracting Authority or by authorized third parties. 21.2 The Supplier shall inform at least 5 days before the first delivery the Contracting Authority when the items to be provided will be available for preliminary inspection. The Supplier shall make the items available for the preliminary inspection at 5 days before the first delivery. 21.3 Tolerance for the composition or quality as defined in the Annex A of this Tender Dossier is the sole responsibility of the Contracting Authority. 21.4 Once the car is ready for a preliminary inspection the Supplier must inform the Contracting Authority. 21.5 The only exception to preliminary inspection can be in the event of carry-over from a previous contract assigned to the same tenderer. 22. Documentation 22.1 The Supplier has to hand over the following documents to the Contracting Authority when delivering the products or when the products are ready for delivery inspection. a) Certificate of conformity of the products to the technical specification of Annex I of this Tender Dossier; b) Delivery notes. 23. Delivery Inspection and Acceptance of the Delivery 23.2 The Contracting Authority reserves also the right to carry out a quality inspection. At the end of this inspection the Contracting Authority will issue a quality note. Failing to show the quality notes will be ground for possible payment deductions 23.3. The objective of the delivery inspection is to assess the compliance with the terms of contract of: a) The documentation provided by the Supplier; b) The quality of the product delivered/loaded. 23.4. The Contracting Authority representative will indicate any remarks or non-conformity of the cars on the delivery note provided by the Supplier. These remarks will be the ground for possible payment deductions. 23.5. If the delivery inspection concludes that the delivery complies with the requirements of the contract, the Contracting Authority will accept the cars. 24. Non conformity of delivery 9
24.1. Should the quality or the conditions of the cars not satisfy the requirements of the contract at the moment of: a) Preliminary inspection; b) Delivery inspection. They must be replaced by the Supplier at his/her own expenses. The replacement must be executed as soon as possible, at the latest within 10 days from the discovery of the non-compliance. The replaced cars are again subject to the rules laid down in the signed contract. In case the Supplier will not be able to provide the requested quality of the items, a payment deduction will be applied accordingly. 24.2. Quantity - Whether at the delivery inspection the quantities will not respect the amount required from the contract and the following Supply Orders, the Supplier: a) Must deliver the missing quantities as soon as possible, at his/her expenses. In case the Supplier will not be able to provide the missing quantities, a payment deduction will be applied accordingly. b) The then delivered cars are subject to the rules laid down in the signed contract. 24.3. Non conformity of delivery - In the event of delays of delivery, a penalty of 1/10 per day of the nominal value of the monthly rental to be delivered shall apply. The sum will be retained from the performance guarantee. In the case that the delay will be more than 15 days, the contract will be deemed void. In this case: a) The performance guarantee submitted by the Supplier will be retained by the Contracting Authority as an indemnity for the pro rata of the non-delivered quantities. b) In case of non-delivery of good meant to replace non-compliant products as delivered previously, or in case of missing quantities, the contract will be deemed void at the pro rata of the quantities still undelivered/missing. The performance guarantee will thus be collected according to this pro rata. 25. Payment procedure 25.1. All payments will be carried out in USD. 25.2. Payment to the winning tenderer will be made via check or bank transfer to the Supplier s bank account indicated in the contract on a monthly basis, within 30 days from the presentation of the month s invoice. 25.3 The payment is subject to the availability of funds. Should any delay occur, the Contracting Authority will inform the Supplier in due time. 10
(ANNEX A) TENDER FORM: RENT of CARS TECHNICAL DESCRIPTION AND FINANCIAL OFFER N. 1 - Medium City Car Mandatory characteristics: Description cc Insurance Services included City car 2x4 1100-1600 - full risk comprehensive - excess franchise = max 500 $ - delivery to GVC Zahle office - ordinary maintenance - service car - GPRS Preferred characteristics: doors Optional 5 ABS - Airbag - CD/MP3/radio player - Remote lock Characteristics of the model offered (Options B and C are not mandatory): Manufacturer Model Year Kilometres CC / HP Doors (number) Option A Option B Option C ABS YES NO YES NO YES NO Airbag YES NO YES NO YES NO Radio/CD YES NO YES NO YES NO Air conditioning YES NO YES NO YES NO Remote lock YES NO YES NO YES NO Electric windows YES NO YES NO YES NO Gear (M=manual / A=automatic) M A M A M A Steering (M=manual / P=power) M P M P M P Maintenance Unit cost (USD/month) VAT included (a description of the services offered under this contract, including ordinary and extraordinary interventions, rescue, etc., may be enclosed) authorised Signature and Stamped : place & date : 11
N. 2: Off-road 4x4 Mandatory characteristics: Description cc Insurance Services included 4W 4x4 1400-2500 - full risk comprehensive - excess franchise = max 500 $ - delivery to GVC Zahle office - ordinary maintenance - service car - GPRS Preferred characteristics: doors Optional 5 ABS - Airbag - CD/MP3/radio player - Remote lock Characteristics of the model offered (Options B and C are not mandatory): Manufacturer Model Year Kilometres CC / HP Doors (number) Option A Option B Option C ABS YES NO YES NO YES NO Airbag YES NO YES NO YES NO Radio/CD YES NO YES NO YES NO Air conditioning YES NO YES NO YES NO Remote lock YES NO YES NO YES NO Electric windows YES NO YES NO YES NO Gear (M=manual / A=automatic) M A M A M A Steering (M=manual / P=power) M P M P M P Maintenance Unit cost (USD/month) VAT included (a description of the services offered under this contract, including ordinary and extraordinary interventions, rescue, etc., may be enclosed) authorised Signature and Stamped : place & date : (ANNEX B) 12
DECLARATION ON ETHICAL STANDARDS AND RIGHT OF ACCESS I, the undersigned, Mr./Ms representative of the Company declare to have understood and to comply with the following rules governing the award of GVC procurement contracts. 1) Tenderers and Candidates have to observe the highest ethical standards during the procurement and execution of contracts. For the duration of the contract the Company and his staff declare to respect human rights, not exploitation of child labour, and to respect the basic social rights and working conditions 2) GVC shall reject any proposal put forward by tenderers or candidates, or, where applicable, terminate their contract, if it is determined that they have engaged in corrupt, fraudulent, collusive or coercive practices. - Corrupt practice is defined as the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to introduce improperly the activities of the contracting Authority - Fraudulent practice is any act of omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, the Contracting Authority to obtain a financial or other benefit or to avoid an obligation - Collusive practice is an undisclosed arrangement between two or more tenderers or candidates designed to artificially alter the results of the tender procedure to obtain a financial or other benefit - Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities - The Company declare to not be involved in the practices listed above. 3) Right of access and control: The Contractor shall provide any detailed information requested by the GVC, the European Commission, the European Anti-Fraud Office (OLAF) and the Court of Auditors, or by any other qualified outside body chosen by the Commission or by the Contracting Authority for the purpose of checking that the activities implemented in the context of the present contract are being properly carried out. The Contractor therefore allows the Contracting Authority, the European Commission, the European Anti-Fraud Office (OLAF), and the Court of Auditors to carry out the documentary and on-the-spot checks deemed necessary by the abovementioned authorities Place Date. Signature and Stamp 13
ANNEX C - TENDER SUBMISSION FORM Tender Ref.: GVC/LEB/2017/OLT02 Date: In response to your Invitation to Tender for the above Contract, we, the undersigned, hereby declare that: 1. We have examined and accept in full the content of the Tender Dossier, and its provisions, without reservation or restriction. 2. We offer to supply, in accordance with the terms of the Tender Dossier and the conditions and time limits laid down, without reserve or restriction, the items listed in Annex 1. 3. This Tender is valid for a period of 45 days from the final date for submission of Tenders. 4. Our company has the following nationality: ( ) 5. We agree to abide by the ethics clauses that we have no potential conflict of interests or any relation with other candidates or other parties in the Tender Procedure at the time of the submission of this application. 6. We note that the Contracting Authority is not bound to proceed with this invitation to Tender and that it reserves the right to award only part of the contract. It will incur no liability towards us should it do so. Signature Name and Surname mobile fax Duly authorised to sign this Tender on behalf of (name and stamp of the Tendering Company): Place and date 14
ANNEX D - EXAMPLE OF CONTRACT CONTRACT FOR THE SUPPLY of Ref. n. GVC - Gruppo di Volontariato Civile, Represented by. and have agreed as follows: Art. 1 Subject 1.1 The subject of the contract shall be the supply to GVC of the following items Item no. Short Description 1 2X4 cars at USD per month 2 4X4 cars at USD per month 3 4 5 6 1.2 The present contract will have a duration of 37 months from the 1 st of November 2017 to the 31 st of December 2020. 1.3 The Supplier shall comply strictly with the terms of Annex I to the contract. 1.4 The place of acceptance of the supplies shall be: GVC office in Beirut or Zahle depending on the specifications of the Delivery Order. 1.5 The time limit for the supply shall be within X calendar day of the date of the signature of the contract by both Parties. The Supplier commits to provide all the item, as per the 15
offer submitted to the Contracting Authority, within 15 days of the signature of this contract. 1.6 The Contractor shall provide any detailed information requested by the Contracting Authority, the European Commission, the European Anti-Fraud Office (OLAF), and the Court of Auditors, or by any other qualified outside body chosen by the Commission or by the Contracting Authority for the purposes of checking that the activities implemented in the context of the present contract are being properly carried out. The Contractor therefore allows the Contracting Authority, the European Commission, the European Anti-Fraud Office (OLAF), and the Court of Auditors to carry out the documentary and onthe-spot checks deemed necessary by the abovementioned authorities. Art. 2 Price 2.1 The Supplier acknowledges the content of the technical specifications and will execute the task as described in Article 1 for the total amount of USD ( ) for 2X4 vehicles and USD ( ) for 4X4 vehicles. As requested by the Contracting authority, the Supplier will install on all vehicles a GPRS system. This will amount to USD for the installation per vehicle and USD per vehicle per month for the GPRS service. This will give a final total monthly cost of USD ( ) for the 2X4 vehicles, and USD ( ) for the 4X4 vehicles. 2.2 The price referred to in Article 2.1 above shall be the sole remuneration owed by the Contracting Authority to the Supplier under the contract. It shall be firm and shall not be subject to revision. 2.3 Since the Supplier is deemed to have determined its prices on the basis of its own calculations, operations and estimates, it shall, at no additional charge, carry out any work that is the subject of any item in the tender for which the Supplier indicates neither a unit price nor a lump sum. Art. 3 Order of precedence of contract documents The contract is made up of the following documents, in order of precedence: - this Contract agreement; - Terms of the Contract (Annex I) - the Contractor s offer (Annex II) - the Supplier s declaration (Annex III) The various documents making up the contract shall be deemed to be mutually explanatory; in cases of ambiguity or divergence, they should be read in the order in which they appear above. Art. 4 Communications 16
4.1 Communications between the Contracting Authority and the Supplier shall be exclusively in writing, in the English language, and shall be sent by fax, post or delivered by hand to the addresses designated by the Parties for that purpose. Art. 5 General Obligations 5.1 Obligations listed herein apply equally to all the items subject of this contract, regardless of the national authority which the item is registered to. 5.2 The Supplier shall perform the contract with due care and diligence including the delivery to the site of acceptance, the testing of the items object of this contract before the delivery to the Contracting Authority and the remedy of any defects before and after the delivery. The Supplier shall also provide all necessary equipment, supervision, labour and facilities required for the performance of the contract. 5.3 In case of defects, the Supplier is committed to substitute within XX days of the notice from the Contracting Authority. 5.4 The Supplier shall respect and abide by all laws and regulations in force in the state of the Contracting Authority. The Supplier shall indemnify the Contracting Authority against any claims and proceedings arising from any infringement by the Supplier. 5.5 The Supplier shall treat all documents and information received in connection with the contract as private and confidential. It shall not, save insofar as may be necessary for the purposes of the contract's execution, publish or disclose any particulars of the contract without the prior written consent of the Contracting Authority. 5.6 The Supplier shall be bound by the documents that form its offer that are annexed to the present contract. Art. 7 Payments 7.1 Payments due by the Contracting Authority shall be made in USD, by check or by transfer to the below bank account : Name of account: IBAN: Name of bank: 7.2 The total amount specified in this contract shall be paid by the Contracting Authority in XX instalments, on a monthly basis. Payments will be performed within 30 days of the end of the month to be paid. 7.3 The payment will be performed upon submission to the Contracting Authority of original invoices. Art. 8 Delivery 17
8.1 The Supplier shall deliver the items object of this contract in accordance with the conditions of the contract and bear all risks relating to these goods until provisional acceptance at destination. 8.2 No items shall be delivered to the place of acceptance until the Supplier has received a delivery order from the Contracting Authority. Art. 10 Taking-over Certificate and Defects liability period 10.1 When the whole of the supplying has been completed in accordance with the Contract, the Supplier shall request the Contracting Authority to issue the Taking-Over Certificate. 10.2 The Contracting Authority shall issue the Taking-Over Certificate within XX weeks from the date of delivery of such a request. 10.3 If the Supplying have not been completed in accordance with the Contract, the Contracting Authority shall prepare and hand over a statement listing all faults and defects, missing items or outstanding supplying to be completed, including the date when all rectification and finishing supplying shall be completed. 10.4 The Defects Liability Period shall be one (1) month, starting with the date of issue of the Taking-Over Certificate. 10.5 Faults and defects which arise during the defects liability period due to the use of materials or workmanship not in accordance with the Contract shall be made good by the Supplier immediately after notification. For items of rectification a new defects liability period shall start on their day of completion. 10.6 If the Supplier fails to comply with his obligations under this Contract, the Contracting Authority shall be entitled to employ another contractor to execute the work required for rectification and to deduct all expenses arising thereon or incidental thereto. Art. 11 Disputes 11.1 The Parties shall make every effort to settle amicably any dispute which may arise between them. Once a dispute has arisen, the Parties shall notify each other in writing of their positions on the dispute and any solution which they consider possible. If either Party deems it useful, the Parties shall meet and try and settle the dispute. A Party shall respond to a request for amicable settlement within 30 days of such a request. The maximum period laid down for reaching such a settlement shall be 120 days from the commencement of the procedure. Should the attempt to reach an amicable settlement fail or a Party fail to respond in time to requests for a settlement, either Party shall be free to proceed to the next stage of the dispute-settlement procedure by notifying the other. 11.2 If the amicable dispute-settlement procedure fails, the Parties may seek 18
a) an arbitration ruling b) the ruling of the competent national Court Art. 12 Termination of the contract 12.1 The Contracting Authority may terminate this Contract at any time either wholly or in part for individual parts of the Supplying. 12.2 Should the Contracting Authority terminate the Contract for a reason for which the Supplier is answerable, the Contracting Authority shall be entitled to claim compensation for damages. In this case the Contracting Authority shall remunerate only the Supplying already completed, provided the Contracting Authority can use them. The Contracting Authority may offset the claim for damages against the remuneration. Any other legal rights of the Contracting Authority shall remain unaffected. 12.3 Should the Contracting Authority terminate the Contract for a reason for which the Supplier is not answerable, the Supplier shall be entitled to payment for work already completed. Art. 13 Force majeure 13.1 Neither Party shall be considered to be in default or in breach of its obligations under the contract if the performance of such obligations is prevented by any event of force majeure arising after the date of notification of award or the date when the contract becomes effective, whichever is earlier. 13.2 For the purposes of this Article, the term "force majeure" means insurrection, riots, closures, wars whether declared or not, blockades, civil disturbances, explosions, strikes, lock-outs or other industrial disturbances, epidemics, landslides, earthquakes, storms, lightning, floods, washouts, and any other similar events which are beyond the Parties' control and cannot be overcome by due diligence. Art. 14 Final provision 14.1 This Contract and the documents referred to under Article 3 above constitute the agreement between the two parties. Modifications shall be in writing only. This Contract shall enter into force after both parties have signed it. This contract done in English in two originals, one for the Contracting Authority and one for the Contractor. XXXXXXXXXXXX, XX/XX/XX 19
for the Contracting Authority for the Supplier 20