Catagory Procurement

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ABBREVIATIONS BoG

Board of Governors

BOSS

Bank of South Sudan

CARD

Christian Action for Relief and Development

CFI

Centrally Funded Institution

CIF

Cost Insurance Freight

CIP

Cost Insurance Paid

CPWD

Central Public Works Department

DDP

Delivery Duty Paid

DDU

Delivery Duty Unpaid

DEA

Department of Economic Affairs

Dg

Market The Development Gateway

DGS&D

Director General of Supplies & Disposals

ECS

Episcopal Church of the Sudan

EMD

Earnest Money Deposit (Bid Security)

ExW

Ex Work/ Ex Factory

GPN

General Procurement Notice

IBRD

International Bank for Reconstruction and Development

IDA

International Development Association

IDP

Institutional Development Plan

IPMU

Institution Project Monitoring Unit

LR

Learning Resources

LFEP

Literacy Financial Education Programme

MoU

Memorandum of Understanding

MU

Mothers Union

NPD

National Project Director

NPIU

National Project Implementation Unit

PAD

Project Appraisal Document

PIP

Project Implementation Plan

PMSS

Procurement Management Support System

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PO

Purchase Order

PP

Procurement Plan

SDR

Special Drawing Rights

SJTC

St, John Theological College

SPFU

State Project Facilitation Unit

SSP

South Sudanese Pound

SMT

Senior Management Team

ToR

Terms of Reference

USD

United States Dollar

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The Christian Action for Relief and Development CARD

PROCUREMENT MANUAL

Contents of this Document are subject to change

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Content

Preface…………………………………………………………………………………………………5 II. Procurement Arrangements .....................................................………………………………….5 III. Procurement of Goods & Works ………………………………………………………………..9 IV. Procurement of Services ...............................................................................................................23 IIV.GeneralSupplier Information……………………………………………………………………………………….....30 IIIV. General Principles for Procurement........................................................................................34 XV. Tender Instruction and Specifications Document……………………………………………40

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PREFACE The “Procurement Manual” provides the essential information and brief step-by-step procedures for procurement of goods, works and services. This document is intended to guide the procurement officials directly involved in the procurement activities. It also intends to help in understanding the procurement processes and to achieve uniformity in procurement processes followed under the project. The rights and obligations of the purchaser and the contractor of goods and works will be governed by the tender documents and by the contracts signed by the purchaser with the contractor and not by the guidelines stated in this document. However, the Procurement Manual is used by following organizations The Christian Action for Relief and Development only a guideline and the procurement of all Goods, Works and Services under the Project shall be carried out in accordance using south Sudan currency unless the procurement happen in foreigner countries then procurement will be done using the currency of that country.

I. PROCUREMENT ARRANGEMENTS Procurement under the project will be processed and monitored through Procurement Management Support System (PMSS), PROCUREMENT MANAGEMENT SUPPORT SYSTEM (PMSS) PMSS will reduce variance in procurement processing and ensure adherence with agreed norms and guidelines with following measures, It will capture end-to-end procurement process flow to standardizing the procurement under project. It will provide information on specifications of items, maintain database of manufacturers/ suppliers. It will generate advertisement details, Standard Bidding Documents (SBDs), Bid Evaluation Report (BER), Purchase Order (PO), payment details etc. It will provide contract management functions like identifying contract milestones (warranty period, performance guarantee, delivery schedule etc), review supplier performance against contract etc meet MIS requirements for documentation/ report generation requirements of all the users It will also generate print outs in the standard formats at every stage in unitized forms like daily, monthly and in the integrated/ aggregated forms like quarterly, half yearly, annual etc PROCUREMENT PLAN

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The project entities shall prepare detailed and comprehensive procurement plan covering all Goods, Works and Services procurement for the duration of one to two years . It shall be submitted for prior reviewed by Senior Management Team SMT before implementation by the project entities through Procurement Management Support System PMSS.

REVISION/ UPDATION OF PROCUREMENT PLAN The procurement plan shall be revised/ updated annually, as required, to reflect the actual project implementation needs and improvements. The revision/ updation in finalized Procurement Plan can be carried out as per the following arrangements,  <=10% of total plan value can be carried out by Institution with appropriate approvals.  10% & <= 30% of total plan value can be carried with prior review of Person Facilitating*.  30% of total plan value can be carried with prior review of Nation Project Implementation unit. VALUE THRESHOLDS & REVIEW ARRANGEMENTS Category

Value per Contract

Procurement Methods

Review#

> SSP 300,000

International Competitive Bidding

Prior

Goods Equipment

(ICB) <=SSP 300,000

Limited International Bidding (LIB)

post

> SSP 20,000

National Competitive Bidding (NCB)

Post1

<= SSP 20,000

Shopping2

post

Proprietary Equipment

Direct Contracting/ Shopping

post

shopping

post

Direct Contracting/ Shopping

post

<= SSP 300,000

<= SSP 20,000 Furniture Books

<= SSP 20,000 &

Learning <= SSP 20,000

Resources Minor Items3

<= SSP 500

Direct Contracting

post

Works

> SSP 30,000

National Competitive Bidding (NCB)

Post1

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Services4

<= SSP 30,000

Shopping

post

<= SSP 1,000

Direct Contracting

post

> SSP 200,000

Quality and Cost Based Selection

prior

(QCBS) > SSP 100,000

Quality and Cost Based Selection

< = SSP 200,000

(QCBS)/ Fixed Budget Selection (FBS)/ Least Cost Selection (LCS)

<= SSP 100,000

Least Cost Selection (LCS)/ Consultant’s Qualification based Selection (CQS)/ Fixed Budget Selection (FBS)

<= SSP 2,000

Single Source Selection (SSS)

* For threshold calculation value of SSP to be taken as 50 INR and exclusive of applicable taxes. # Arrangements PRIOR REVIEW ARRANGEMENTS Goods/ Works contracts shall be prior reviewed as per the following arrangements, Equivalent or less than SSP 100,000 per contract prior review by the Institutions. More than SSP 100,000 and up to SSP 200,000 equivalent per contract prior review by SPFU. More than SSP 200,000 and up to SSP 300,000 equivalent per contract prior review by NPIU. Above SSP 300,000 prior review by the Donor. Services contracts shall be governed by the following provisions, Services contracts expected to cost more than SSP 200,000 shall be advertised in Renewal News online and dgMarket in accordance with other provisions of para 2.5 of the Consultants Guidelines. Hiring of individual consultants through competition shall be restricted to SSP 50,000 or less and hiring through Single Source Selection shall be restricted to SSP 2,000 or less. All contracts of Individual Consultants shall be subjected to post review by theDonor. Terms of Reference (ToR) for all consultant contracts shall be furnished to the Bank for

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its prior review and No Objection. The shortlist for Services contracts expected to cost less than SSP 500,000 may comprise entirely national consultants in accordance with other provisions of para 2.7 of the Consultants Guidelines. In Single Source Selection, per day consultation fee shall not be more than SSP 100 beyond which prior approval of BOG of the Institution is required. Notes: 1 First 2 NCB contracts for Goods/ Works from the Project irrespective of value shall be submitted for prior review by the Bank. 2 DGS&D Rate Contracts can be used as an option instead of Shopping, if the item is covered under the DGS&D Rate Contracts and offers value for money. However, State Rate Contracts cannot be treated at par with DGS&D Rate Contracts. If State Rate Contracts exist for any items, it can be considered as one of the minimum three quotations required for Shopping. 3 Minor items shall cover consumables such as laboratory & workshop supplies, stationary, office items etc. 4 First 2 Consultancy contracts from the Project shall be submitted for prior review by the Donor The flow chart given below broadly depicts the essential steps in procurement process,

Establish a Purchase Committee with the approval of “BoG”

Group the items/ services to be purchased in to a Package and prepare Procurement Plan with approval of “BoG”

Review and approval of Procurement Plan by NPIU/ SPFU and the Donor

Advertisement/ Letter of Invitation

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Select package from Procurement Plan and decide appropriate method

Direct Contracting for

Shopping for Goods/

NCB/ ICB/ LIB for Goods/

Goods/ Works and SSS

Works and LCS/ FBS/

Works

for Services

CQS for Services

Services

Issue

Purchase

Order/

Sign Contract

and

QCBS

for

a

bidder

(or

Select from min. three

Select

quotations, and Issue

shortlist)

Purchase Order/ Sign

Contract

and

Sign

Contract

Implement Contract/ Receive items

Update Procurement Plan & identify items for the next procurement

DISCLOSURE For all procurements, information on pre-qualification and award of contract shall be posted on the institutional website for two week. PROCUREMENT AUDIT Post review of minimum 20% all the contracts under the Project shall be conducted by the SPFU/ NPIU as per the laid down procedures. All documents related to procurement should be filed and kept systematically and safely. In addition, the Donor will also have the right to conduct post review of the contracts. The concerned authorities will be required to make available all relevant documents to the Donor, as and when required.

II. PROCUREMENT OF GOODS & WORKS PROCUREMENT METHODS International Competitive Bidding (ICB)

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Limited International Bidding (LIB) National Competitive Bidding (NCB) Shopping Direct Contracting

INTERNATIONAL COMPETITIVE BIDDING (ICB) ICB is generally adopted where supplies cannot be met from indigenous sources and need import, and/ or foreign firms are expected to participate resulting in more competition. Invitation for bids (IFBs) for ICBs shall be published in daily national newspaper with wide circulation all over the country in English Apart from wide publicity nationally, advertisement of invitation for bids (IFBs) shall be published in Renewal News papers for Diocese of Wau / dg Market online and project website. Use of the Donor Standard Bid Documents. Sale of bid documents should start only after publication of invitation of bids in newspapers and Renewal News. Bidding period shall be 45 to 90 days from the start of the sale of the bid documents. Domestic preference shall be allowed to domestic bidders with respect to foreign bidders as mentioned in the bid documents. Other procedures for ICB will broadly be same as that of National Competitive Bidding (NCB) in respect of bid opening, bid evaluation, notification & publishing of award of contract, complaint redressal etc. LIMITED INTERNATIONAL BIDDING Limited International Bidding (LIB) is essentially ICB by direct invitation without open advertisement. It may be an appropriate method of procurement where (a) there are only limited numbers of suppliers, or (b) other exceptional reasons may justify departure from full ICB procedures. Under LIB, borrowers shall seek bids from a list of potential suppliers broad enough to assure competitive prices, such list to include all suppliers all over the world. Domestic preference is not applicable in the evaluation of bids under LIB. In all respects other than advertisement and preferences, ICB procedures shall apply, including the publication of award of contract in Renewal News online and in Market The Development Gateway (dg) Market and use of the ECS Standard Bidding documents. NATIONAL COMPETITIVE BIDDING (NCB) NCB also known, as Open Tender is the competitive bidding procedure normally used for procurement of goods and works. The procedure provides adequate competition among participants in order to ensure competitive prices. The procurement steps for NCB broadly consist of the following activities: CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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BASIC PHILOSOPHY In personal contacts with suppliers, each employee should consider themselves a natural extension CARD’s philosophies and practices. They should reflect these and represent the interests and needs of all departments. When dealing with suppliers and their representatives, all CARD employees should observe the following: Business will be conducted ethically, in a manner above reproach and with total impartiality, with preferential treatment for no-one Maintaining the integrity and confidentiality of the procurement process is of paramount importance Staff should conduct themselves in a way which precludes any suspicion of conflict between professional duty and personal interest Bids shall not be solicited from, nor contracts awarded to, any company that is owned, controlled or actively influenced by any CARD employee or by an immediate relative/friend of that employee without proper disclosure to the Director If a supplier participates in developing or drafting specifications, these must be kept as generic as possible so as to avoid an unfair advantage to the supplier who assisted in their preparation. Promote fair, ethical and legal trade practices Be prompt and courteous, conducting business in an atmosphere of good faith and equal treatment, devoid of intentional misrepresentation Treat all information received from suppliers in confidence. Guarantee the confidentiality of all specifications and price quotations received Do not take advantage of supplier’s errors. Avoid causing needless expense or inconvenience when requesting offers and proposals Declare ‘for information purposes only’ if the request will not result in the award of a contract Remain absolutely free of obligations to any supplier Make every reasonable effort to negotiate an equitable and mutually agreeable settlement if any controversy arises with a supplier

LOGISTICS MANAGER/PURCHASING AGENT

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The CARD Director will designate one individual as the ‘Logistics Manager’ who will act as the ‘Designated Purchasing Agent.’ This identifies the person who will have responsibility for the procurement of all goods and services for CARD. This person is accountable for purchasing and ensures that all purchasing activities adhere to the policies and procedures outlined in the CARD Purchasing Policies and Procedures Manual. The Area Director will also designate in writing no more than two additional individuals who are authorized to act as ‘Purchasing Agent’ whenever the ‘Designated Purchasing Agent’ is not available. These purchasing agents will have authority to sign LPOs or otherwise commit CARD funds only at those specific times that they are given that authority by the Director or the Designated Purchasing Agent on a case by case basis. Because there are peaks and valleys in purchasing activities, the ‘Logistics Manager’ may have other responsibilities, but these should not include the receiving and issuing of goods, or payment functions SPECIAL LOCAL SITUATIONS: Exceptions to the purchasing policies and procedures because local field conditions preclude using the normal processes must be documented in advance and approved by the Office Manager and the Finance Manager. Exception procedure requests and approvals must include procedures for ensuring adequate record keeping and financial controls. STEP 1: PREPERATION OF TENDER DOCUMENT The tender documents shall furnish all information necessary for a prospective bidder to prepare a tender for the goods/ works to be provided. The bid document should invariably contain standard bidding and contract conditions to make it self-explanatory. Some of the mandatory requirements in a bid document includeInvitation for bids (IFBs), Instructions to Bidders (ITBs), Contract Data including Bill/ Schedule of Quantities (BOQ), General Terms & Conditions, Award Criteria, Notification of Award, Execution of Contract, Quality Control, Payment Terms, Taxes and Duties, Completion Certificate, Warranty/ Defect Liability, Drawings, Dispute Resolution, Arbitration, Force Majeure, etc. Bill/ Schedule of quantities (BOQ) will indicate the description of items to be provided along with quantities and the phased manner in which the goods/ works are required to be delivered or constructed. Bidding documents should state clearly whether the bid prices will be fixed or price adjustments will be made to reflect any changes in major cost components of the goods/ works. STEP 2: ADVERTISEMENT Timely notification of bidding opportunities is essential in competitive bidding. Invitations shall be published in daily newspapers with wide circulation in English. The advertisement should also be placed in institutional website. The minimum time given for submission of bids shall be not less than 30 days from the date of sale of bid document. The last date and time of sale and receipt of bid document should be clearly indicated in the notification/ advertisement.

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STEP 3: ISSUE OF BID DOCUMENT Sale of tender documents should begin only after the publication of notification for tender in newspapers. Tender documents should be made available to all who seek them after paying the requisite fees, if any, regardless of registration status and they should be allowed to bid. However, the request should be in writing along with the requisite fee of the tender/ bid, if any. Bidding documents will be sold till one day prior to the opening of the tenders. Tenders can be sold from different places but the bid/ tenders shall be received at one place only, to avoid problems arising out of late/delayed tender submission. Tender documents can also be made downloadable from Institute website . However the downloaded tender documents must be submitted with requisite tender fees in the form of bank DD without which the tender shall be rejected summarily.

STEP 4: OPENING OF BIDS The time, date and venue for the tender opening shall be mentioned in the IFB and bid documents. Tenders/bids should normally be opened immediately after the deadline of time fixed for submission on the same day. Tenders shall be opened in public. The bidders or their representatives shall be allowed to be present at the time of opening of bids. All tenders received should be opened. No bid should be rejected at the time of bid opening except for late tenders. Late tenders shall be returned to the bidders unopened. The name of the bidder and total amount of each bid along with important conditions like excise duty, sales tax, delivery terms, delivery period, special conditions and discounts, if any, shall be read out at the time of bid opening. Withdrawal notices and modifications to the tender shall be read out first followed by the tender of the bidder. Minutes of bid opening must be prepared by bid opening officials and should be signed by all members present including bidders. Any kind of discounts offered shall be mentioned in the bid opening document clearly.

STEP 5: BID EVALUATION AND COMPARISION The criteria to be used in the evaluation of tenders and the award of contracts shall be made known to all bidders and not be applied arbitrarily. The purpose of tender evaluation is to determine substantially responsive tender with the lowest evaluated cost, but not necessarily the lowest submitted price, which should be recommended for award. The bid/ tender price read out at the bid opening shall be adjusted at the time of evaluation with correction for any arithmetical errors for the purpose of evaluation with the concurrence of the bidder/ contractor. Where there is a discrepancy between the rates in figures and in words, the rate in words will CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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prevail. Where there is a discrepancy between the unit and the line item total resulting from multiplying the unit rate by the quantity, the unit rate will prevail. The conditional discounts offered by the bidder shall not be taken into account for evaluation. This however does not apply to cross-discounts. The purchaser shall prepare a detailed report on the evaluation and comparison of tenders setting forth the specific reasons on which the recommendation is based for the award of the contract.

STEP 6: AWARD OF CONTRACT Implementing agency shall award the contract within the period to all aspects to the bidders who has the necessary technical capability and financial resources and whose bid is substantially responsive to the tender documents and has the lowest evaluated cost. The purchaser can, if so desired depute a team of 3-4 officers to the premises of manufacturer to whom the contract is proposed to be awarded, to satisfy itself that the manufacturer has capability to produce the required quantity and also the necessary quality testing and assurance facilities to meet the required standards. Based on the report of this Committee, the purchaser may decide to award the contract to the successful bidder offering the lowest or reasonable price after approval of the appropriate authority. Single bids should also be considered for award, if it is determined that publicity was adequate, bid specification/ conditions were not restrictive or unclear and bid prices are considered reasonable in comparison to estimated price.

SHOPPING The following consideration should be kept in view for adopting this procedure: Shopping is a Procurement method based on comparing price quotations obtained from several national suppliers, usually at least three to ensure competitive prices. Shopping is intended to be a simple and rapid procurement method and is one of the least competitive procurement methods and may be abused unless it is carried out in compliance with legal agreements and observing a minimum formality in the process and with appropriate record keeping for verification and audit. Shopping should not be used as an expedient to by-pass more competitive methods or fraction large procurement into smaller ones solely to allow the use of Shopping. To procure small amounts of off-the-Shelf goods or Standard Specification Commodities or simple civil works for which more competitive methods are CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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not justified on the basis of cost or efficiency. Request for quotation shall be written and sent by letter, fax, telex, etc (with proof of receipt and record keeping) and can also be displayed in the Institute website. The request shall include the description and quantity of the goods as well as the required delivery time and place for the goods or services, including any installation requirements as appropriate. The request shall indicate the date by which the quotations are needed. Prices for goods supplied from within the country (including previously imported items) are requested to be quoted ExW (ex-works, ex-factory, ex-warehouse, ex show room or off-the-shelf, as applicable) including all custom and excise duties and sale and other taxes already paid or payable on the raw materials and components; for goods offered from abroad (i.e., not previously imported) prices are requested CIF or CIP or DDU basis (in case of large purchases). In case of civil works prices shall be requested inclusive of all taxes and duties payable by the contractor. Requests should be addressed to more than three firms that are reputable, well established and are suppliers of the goods or services being purchased, as part of their normal business (after verifying whether those being invited will make an offer or not) to ensure at least three quotations are received; In case unsolicited Procurement Manual quotations are received, they may be accepted after carrying out a similar due diligence exercise to verify the nature and reputation of firm. Quotation should be submitted in writing i.e., by fax, telex, or letter (copies to be kept for records). No bid securities are required. Normally, requests for quotes should indicate the expected date of submission of quotes with a minimum of 14 days from the date of issue of request. If the Purchaser has not received at least three quotations within the time set, it should verify with the suppliers who have not submitted quotation, whether they intend to do so and how soon. Quotation should be compared after adding to the quoted price for goods, the estimated cost of inland transportation and insurance, if any, to the final destination. The lowest responsive offer is selected. Purchaser may exercise discretion in selecting a quotation that is not the lowest priced as far as there is good technical justification on the quality of the offered item, suitability of delivery schedule, etc. In such cases, such requirements should be indicated in the request for quote as well as in the evaluation note. Award decision and its rationale should be documented/ and kept for review by audit by the Bank (or by the Bank’s auditors) as needed. The record should contain the list of firms invited, and the list and value of quotations received, comparative statements etc. The documents should clearly show that the award is based on sound technical and commercial criteria. Purchase order shall incorporate the terms of accepted offer. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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DIRECT CONTRACTING The procedure for Direct Contracting may be adopted if any one of the following conditions is met. In case of articles including equipment/ books, which are specifically certified as of proprietary in nature, or where only a particular firm is the manufacturer of the articles demanded. Standardization of equipment or spare parts to be compatible with existing equipment may justify additional purchases from the original supplier. Extension of existing contracts for goods/ works awarded with the prescribed procedures, justifiable on economic grounds. Works are small and scattered or are situated in remote locations where mobilization costs for contractors would be unreasonably high. IMPORTANT ASPECTS OF SHOPPINGIV. Important Aspects

Brief Description

Advertisement

No need for advertisement in newspapers, however the advertisement can be displayed in the Institution website.

Minimum Quotations Time

for

3 quotations.

Bid Not less than 2 weeks.

Submission Negotiation

There should not be any negotiations either for price or terms & Conditions of the tender submitted with suppliers.

Validity of Tender

1. Bidders shall be required to submit tender valid for the Period specified in the tender documents. 2. Generally 30 to 40 days for Shopping.

Earnest Money/ Bid

Not required.

Security Examination of Tenders 1. The Procurement Authorities entrusted with evaluation offenders shall ascertain whether the tenders: meet the eligibility requirements specified; have been properly signed; are valid for the period specified in the tender document; are substantially responsive (commercially and technically) to the tender documents; and are otherwise generally in order. 2. If the bidder meets the above stipulations indicated in the bid documents, it is

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determined as substantially responsive and is considered further for evaluation. Terms & Methods of

Payment terms should be 90% payment after delivery to the consignee and balance

Payment

10% after acceptance of the goods or in accordance with the practices applicable to the specific goods and works.

Table below gives the brief of the procedures to be followed for Shopping: Sl.No. What has to be done? 1

Who should do it?

Description

Identify the items or the Purchase Committee

a. Understand the specifications of the item(s) to be

package of items to be

purchased.

purchased

b. Lay down terms & conditions and specifications.

from

the

procurement plan.

c. State Government rate contracts, if any, shall be treated as one of the three quotations in the shopping process. d. DGS&D rate contracts shall be acceptable for procurement under shopping.

2

Shop around or call An authorized

for all at least

3 quotations in writing respective with

signature

supplier.

of head

Quotations

officer The requests for quotations shall contain: by a. The description specification and quantity of the office goods. b. Say that contract shall be for full quantity of each item.

could also be obtained

c. Terms of delivery of goods or Description of

by fax.

works. d. Desired completion period e. Place of works f. The price shall be quoted in INR. g. Each bidder shall submit only one quotation. h. Quotation shall remain valid for a period not less than 15 days. i. Terms of payment.

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j. Warranty Conditions 3

Prepare a comparison Purchase Committee

The following steps shall be followed:

sheet to select the most

a. Evaluate and compare the quotations determined

appropriate supplier

to be substantially responsive. b. Write information from the quotations on a comparison form. c. Select the most appropriate supplier. d. Sales Tax in connection of goods shall not be taken in account. e. The purchase committee members should sign on the comparison sheet.

IMPORTANT ASPECTS OF NCB/ ICB Important

Brief Description

Aspects Standards &

1. The bid documents shall include generally accepted standards of technical

Technical

specifications.

Specifications

2. Unbiased technical specification shall be prepared with no mention of brand names and catalogue numbers by a committee of experts associating the trade representative, if required. 3. The functional performance, design, quality, packaging and additional requirements should be clearly spelt out in the specifications. 4. The specifications should be generic and should not appear to favour a particular brand or supplier. 5. Preparation of technical specifications, bill of quantities and civil drawings must be completed before tendering. Specifications for the items to be procured should be drawn up in every case with clarity. 6. No deviations from the specifications after opening of tender should be allowed.

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1. Invitation shall be published in at least one national English daily and one regional

Advertisement

language daily for NCB. 2. In case of ICB’s also publish in the “United Nation’s Development Business (UNDB)” and dgMarket online and forward to embassies and trade representatives of countries of likely suppliers of goods and also who have expressed interest in response to the General Procurement Notice (GPN) 3. The advertisement should also be placed at the project website. 1. Not less than 4 weeks for NCB.

Time for Submission

of 2. Not less than 6 to 8 weeks for ICB.

Bids Earnest Money/ 1. Earnest Money (bid security) to be deposited by the bidders shall Bid

be a specified amount for each packing/ schedule/ item as

Security

indicated in the bid document. 2. It shall normally be 2-5% of the estimated cost of the goods or 1% of the estimated cost of work rounded off to the nearest figure in Pound. 3. The earnest money shall be in the form of a demand draft/ banker’s cheque/ bank guarantee from a scheduled bank preferably having a branch at the place where tenders are to be submitted, which should be valid up to 45 days beyond the validity period of the tender. 4. Fixed Deposit Receipts endorsed in favour of purchaser shall also be acceptable. 5. The earnest money of unsuccessful bidders shall be refunded soon after the final acceptance of tenders. 6. The earnest money shall be forfeited in the event of withdrawal of the tender within the original validity once submitted or in case a successful bidder fails to provide the performance security and fails to execute necessary agreement within the period specified or for submitting false, incorrect or misleading information.

Performance

1. Tender documents for works and goods shall require performance security in an

Security Deposit

amount sufficient to protect the implementing agency in case of breach of contract by the contractor/supplier.

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2. This shall be in the form of a bank guarantee or any other specified instrument and amount should be specified in the tender document. 3. The amount of performance security shall normally be 5% for goods/ works, of contract price (valid till 28 days after the date of expiry of defect liability period or the guarantee/ warranty period as the case may be). 4. The performance security deposit shall be refunded within one month of the completion of supply of goods/ works or after the expiry of defects liability/ guarantee/ warranty period (as mentioned above). 5. The performance security deposit may be forfeited in case any terms and conditions of the contract are infringed or the bidder fails to make complete supply satisfactorily or complete the work within the delivery/completion period agreed in the contract without prejudice to the purchaser’s right to take further remedial actions in terms of the contract and bidding documents which formed part of the contract. Retention Money

1. In contracts for works, normally 5% of contract price shall be recovered as retention money. 2. Fifty percent (50%) of such retention money shall be repaid to the Contractor on completion of the whole of the works and balance fifty percent (50%) shall be repaid after the expiry of the defects liability period on certification by the Engineer that all defects notified to the contractor before the end of the period have been corrected.

Pre-Bid

1. A pre-bid conference (date/venue to be indicated in the IFB published in newspapers

Conference

and bid document) may be arranged wherein potential bidders may meet with the representatives of the implementing authority to seek clarifications on the tender documents. 2. Copy of minutes of the pre-bid conference should be furnished to the bidders who had already purchased the bid documents and also supplied along with the bid document sold to the parties purchasing the document subsequent to the pre-bid conference.

Examination of

1.The Procurement Authorities entrusted with evaluation of tenders shall ascertain

Tenders

whether the tenders: Meet the eligibility requirements specified; Procurement Manual

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Have been properly signed; Are accompanied by the required earnest money and valid for the period specified in the tender document; Have quoted for the entire schedule/ packing and are in the required currency as indicated in the bid documents; Have proper Manufacturer’s Authorisation letter Are substantially responsive (commercially and technically) to the tender documents; and Have the technical and financial capability as per specified tender evaluation criteria to successfully execute the contract. For ensuring financial capacity a minimum turnover requirement should be indicated in bid document. Are otherwise generally in order. 2. If the bidder meets the above stipulations indicated in the bid documents, it is determined as substantially responsive and is considered further for evaluation. 3. Historical data in relation to the tender like annual reports, turn over details, etc, if not received along with the bidder, can be requested from the bidder after opening of bids and should be submitted within a reasonable time span (say 7-10 working days). Post-

1. In case the pre-qualification of the bidders has been carried out, and the tenders have

Qualification

been issued to the pre-qualified bidders, the tenders shall be recommended for award on

of Bidders

the basis of being lowest substantially responsive bids. 2. If bidders have not been pre-qualified, the implementing agency shall determine whether the bidder whose bid has been determined to offer the lowest evaluated cost has the technical capability and financial resources to effectively carry out the contract as offered in the bid. 3. The criteria to be met shall be set out in the tender documents, and if the bidder does not meet them, the bid shall be rejected. 4. In such an event, the implementing agency shall make a similar determination for the next-lowest evaluated bidder and so on.

Validity Tender

of 1. Bidders shall be required to submit tender valid for the period specified in the tender documents. 2. Normally, in case of NCB/ ICB, the bid validity period shall not exceed 90 days after the date of bid opening.

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Validity

1. As far as possible contract should be finalized within the original validity of the

Extension

offers mentioned in the tender document.

of Tenders

2. An extension of bid validity, if justified by exceptional circumstances with the approval of next higher authority, shall be requested in writing from all bidders (of valid tenders only) before the expiry date. 3. Bidders shall have the right to refuse to grant such an extension without forfeiting their Earnest Money, but those who are willing Procurement Manual to extend the validity of their bid shall also be required to provide a suitable extension of Earnest Money as specified in the tender document. 4. Prior concurrence of the Bank would be obtained if (i) for the first request for extension if it is longer than four weeks; and (ii) for all subsequent requests for extension irrespective of the period (such concurrence will be considered by Bank only in cases of Force Majeure and circumstances beyond the control of the Purchaser/ Employer)

Rejection of All

1. Tender documents usually provide that implementing agency may reject all tenders.

Tenders

2. Rejection of all tenders is justified when none of the tenders are substantially responsive. However, lack of competition shall not be determined solely on the basis of the number of bidders. 3. If all tenders are rejected, the implementing agency shall review the causes justifying the rejection and consider making revisions to the conditions of contract, design and specifications, scope of the contract, or a combination of these, before inviting new tenders. 4. If the rejection of all tenders is due to lack of competition, wider advertising shall be considered. If the rejection is due to most or all of the tenders being non-responsive, new tenders may be invited. 5. Rejection of all tenders and re-inviting new tenders, irrespective of value shall be referred to the next higher authority for approval than the authority that approved the issue of tender or to the head of the unit. Before re-inviting tenders the specifications may be reviewed for revision, if any.

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6. Rejection of tenders (ICB/ NCB), irrespective of the value, will require Donor’s approval. Modification in

1. Quantities in contracts awarded may be increased up to 15% of the quantity originally

Orders (Goods/

ordered by amending the order after recording reasons, provided that such orders shall

Equipment)

be given before the date of the expiry of last supply and also subject to the condition that prices have since not reduced and purchases were required on urgency basis. 2. If the threshold of 15% is exceeded, prior concurrence of the Bank shall be obtained.

Extension of

1. Contracts under NCB method may be increased/ decreased up to 15% of the quantity

Contract

originally ordered by amending the order/ contract after recording reasons, provided that

(Works)

such orders shall be given before the date of contractual completion and also subjected that works were required on urgent basis. 2. The variation in requirement shall be appropriately indicated in the bid document. Procurement Manual 3. It should be justifiable on economic grounds/ without change in costs.

Rebidding

1. Rebidding shall not be carried out without the prior concurrence of the Bank. 2. The system of rejecting the bids falling outside a pre-determined Margin or bracket of prices shall not be used.

Negotiation

There should not be any negotiations either for price or terms and conditions of the tender submitted.

Confidentiality

After the public opening of tenders, information relating to the examination, clarification, and evaluation of tenders and recommendations concerning awards shall not be disclosed to bidders or other persons not officially concerned with this process until the successful bidder is notified of the award of the contract.

Terms Methods

& Payment terms for ICB and NCB are provided in the bidding documents and should be followed as it is.

of Payment Liquidated

1. Provisions for liquidated damages shall be included in the conditions of contract for

Damages

the delay in the delivery of goods or completion of works.

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2. In the case of goods, the liquidated damages shall be calculated at the rate of 0.01% per day of delay to maximum of 10% of the contract value. 3. In the case of works, the liquidated damages will be calculated at 0.01% of the contract price per day, subject to a ceiling of 10% of the contract price and shall be levied by way of pre-estimated damages and not by way of penalty. Fraud Corruption

& The borrowers (including beneficiaries of Bank loans), as well as Bidders, Suppliers, Contractors, and Consultants under Bank-financed contracts shall observe the highest standard of ethics during the procurement and execution of such contracts. In pursuit of this policy, the Bank: (a) defines, for the purposes of this provision, the terms set forth below as follows: (i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of a public official in the procurement process or in contract execution; (ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a procurement process or the execution of a contract; (iii) “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of the borrower, designed to establish bid prices at artificial, non competitive levels; and (iv) “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence Procurement Manual their participation in the procurement process or affect the execution of a contract; (v) “obstructive practice” is : deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede a Bank investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; and acts intended to materially impede the exercise of the Bank’s

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inspection and audit rights provided for under subparagraph (e) below. (b) will reject a proposal for award if it determines that the Bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the Contract in question; (c) will cancel the portion of the loan allocated to a contract if it determines at any time that representatives of the Borrower or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive or coercive practices during the procurement or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to remedy the situation; (d) will sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Bankfinanced contract; and (e) will have the right to require that a provision be included in Bidding Documents and in contracts financed by a Bank loan, requiring Bidders, Suppliers, Contractors and Consultants to permit the Bank to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the Bank. Review by the

1. It is the Bank’s policy that Borrower’s, as well as bidders, suppliers, and contractors

Donor

under Bank financed contracts, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, the Bank will have the right that a provision be included in bidding documents and in contracts financed by a Bank loan, requiring bidders, suppliers, and contractors to permit the Bank to inspect Procurement Manual their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the Bank. 2. Contracts which are (i) not subject to prior review by the Bank, and (ii) awarded following these guidelines will be post reviewed by the Bank.

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3. Donor will carry out post review either by themselves or by selected Consultant up to 10% of all contracts issued by the concerned institute. 4. The Borrower shall retain all documentation with respect to each contract (excluding contracts subject to prior review by the Bank) during project implementation and up to two years after the closing date of the Loan Agreement. This documentation would include, but not be limited to, the signed original of the contract, the analysis of the respective proposals, and recommendations for award, for examination by the Bank or its Consultants.TheBorrower shall furnish such documentation to the Bank upon request. 5. If the Bank determines that the goods, work or services were not procured in accordance with the agreed procedures, as reflected in the Loan Agreement and further detailed in the Procurement Plan approved by the Bank or that the contract itself is not consistent with such procedures, it may declare mis-procurement as established in the Procurement Guidelines. The Bank shall promptly inform the Borrower the reasons for such determination.

III.PROCUREMENT OF SERVICES METHODS FOR PROCUREMENT OF SERVICES Quality and Cost Based Selection (QCBS) Fixed Budget Selection (FBS) Least Cost Method (LCS) Consultant Qualification Based Selection (CQS) Single Source Selection (SSS)

QUALITY AND COST BASED SELECTION (QCBS) QCBS uses a competitive process among shortlisted firms that takes into account the quality of the proposals and the cost of the services in the selection of the successful firm. The relative weight to be given to the quality and cost shall be determined for each case depending on the nature of the assignment. The selection process shall include the following steps, CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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1. Preparation of the Terms of Reference (ToR) 2. Preparation of cost estimate & the budget 3. Advertisement for Expression of Interest (EOI) 4. Evaluation of EOI to shortlist six firms 5. Preparation & issuance of Request for Proposal (RFP) to short listed firms 6. Receipt of proposals 7. Opening and Evaluation of technical proposals 8. Public opening of financial proposals of firms technically qualified 9. Combined evaluation of technical and financial proposals 10. Negotiations and award of the contract to the selected firm

STEP 1: PREPARATION OF THE TERMS OF REFERENCE (TOR) The Terms of Reference shall be prepared by a person(s) or a firm specialized in the area of the assignment. The scope of the services described in the ToR shall be compatible with the available budget. ToR shall clearly define the objectives, goals and scope of the assignment and provide background information to facilitate the consultants’ preparation of their proposals. However, ToR should not be too detailed and inflexible, so that competing consultants may propose their own methodology and staffing. The client and the consultants’ respective responsibility should be clearly defined in the ToR. The ToR developed shall include: 1. A precise statement of objectives 2. An outline of the tasks to be carried out 3. A schedule for completion of tasks Procurement Manual 4. The support/inputs provided by the client 5. The final outputs that will be required of the Consultant 6. Composition of Review Committee (not more than three members) to monitor the Consultant’s works 7. Review of the Progress Reports required from Consultant 8. Review of the final draft report 9. List of key positions whose CV and experience would be evaluated.

STEP 2: PREPARATION OF COST ESTIMATE & BUDGET CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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The Cost Estimates or Budget should be based on the assessment of the resources needed to carry out the assignment, staff time, logistical support, and physical inputs (for example, vehicles, office space and equipment). Costs shall be divided in two broad categories, a) Fee or remuneration & b) Reimbursable costs. The cost of staff time shall be estimated on a realistic basis for all personnel involved in the assignment.

STEP 3: ADVERTISEMENT FOR EXPRESSION OF INTEREST (EOI) Advertisement in a prescribed format is issued in widely published newspapers to obtain expression of interest for the contract. In addition, contracts expected to cost more than SSP 200,000 shall be advertised in UNDB online and in dg Market. Not less than 14 days from date of posting on UNDB online shall be provided for responses, before preparation of the shortlist.

STEP 4: EVALUATION OF EOI TO SHORTLIST SIX FIRMS If the assignment has been advertised and expressions of interest received, EOIs shall be evaluated to shortlist six firms. The short listing of six firms must be based on the eligibility criteria defined for EOI selection. The short list shall not include Individual Consultants. In contracts below SSP 500,000 equivalent, shortlist may comprise national consultants only. Government owned enterprises can be considered for award of consultancy assignment provided they are otherwise eligible as per the Bank’s guidelines.

STEP 5: PREPARATION & ISSUANCE OF REQUEST FOR PROPOSAL (RFP) TO SHORTLISTED FIRMS The RFP shall include, 1. Letter of Invitation (LOI) 2. Instructions to Consultants (ITC) with Data Sheet 3. Technical Proposal - Standard Forms 4. Financial proposals - Standard Form 5. Terms of Reference (ToR) 6. Standard Forms of contract Procurement Manual

STEP 6: RECEIPT OF PROPOSALS

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The time allowed for submission of proposal shall depend on the assignment, but normally shall not be less than four weeks or more than three months. The firms may request clarifications about the information provided in the RFP. The clarifications must be given in writing and copy to all the firms. The technical and financial proposals shall be submitted at the same time but in different sealed envelopes. Any proposals received after the closing time shall be returned unopened.

STEP 7: OPENING AND EVALUATION OF TECHNICAL PROPOSALS The technical proposals shall be opened immediately by the committee, after the closing time for submission of proposals. The evaluation of the proposals will be in two stages first quality and then cost.

STEP 8: PUBLIC OPENING OF FINANCIAL PROPOSALS OF FIRMS TECHNICALLY QUALIFIED The financial proposals shall remain sealed until opened publicly. Financial proposals shall be opened only after completing the technical evaluation and receiving no objection for the same from the Bank.

STEP 9: COMBINED EVALUATION OF TECHNICAL AND FINANCIAL PROPOSALS The total score shall be obtained by weighing the quality and cost scores and adding them. The weight for the cost shall be chosen, taking into account the complexity of the assignment and the relative importance of quality. The weight for cost shall normally be 20 points out of a total score of 100. The proposed weightings for quality and cost shall be specified in the RFP. The firm obtaining highest total score shall be invited for the negotiations.

STEP 10: NEGOTIATION AND AWARD OF CONTRACT Negotiations shall include discussions of the TOR, the methodology, staffing, client’s inputs, and special conditions of the contract. These discussions shall not substantially alter the original TOR or the terms of the contract, lest the quality of the final product, its cost, and the relevance of the initial evaluation be affected. Major reductions in work inputs should not be made solely to meet the budget. The final TOR and the agreed methodology shall be incorporated in “Description of Services,” which shall form part of the contract.

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The selected firm should not be allowed to substitute key staff, unless both parties agree. If this is not the case, the firm may be disqualified and the process continued with the next ranked firm. The key staff proposed for substitution shall have qualifications equal to or better than the key staff initially proposed. Financial negotiations shall include clarification of the consultants’ tax liability and how this tax liability has been or would be reflected in the contract. As Lump-Sum Contracts payments are based on delivery of outputs (or products), the offered price shall include all costs (staff time, overhead, travel, hotel, etc.). Consequently, if the selection method for a Lump-sum contract included price as a component, this price shall not be negotiated. In the case of Time-based

Contracts, payment is based on inputs (staff time and reimbursable) and the offered price shall include staff rates and an estimation of the amount of reimbursable. When the selection method includes price as a component, negotiations of staff rates should not take place, except in special circumstances, like for example, staff rates offered are much higher than typically charged rates by consultants for similar contracts. Consequently, the prohibition of negotiation does not preclude the right of the client to ask for clarifications, and, if fees are very high, to ask for change of fees, after due consultation with the Bank. Reimbursable are to be paid on actual expenses incurred at cost upon presentation of receipts and therefore are not subject to negotiations. However, if the client wants to define ceilings for unit prices of certain reimbursable (like travel or hotel rates), they should indicate the maximum levels of those rates in the RFP or define a per diem in the RFP. If the negotiations fail to result in an acceptable contract, the client shall terminate the negotiations and invite the next ranked firm for negotiations. The Bank shall be consulted prior to taking this step.

FIXED BUDGET SELECTION (FBS) This method is appropriate only when the assignment is simple and can be precisely defined and when the budget is fixed. The RFP shall indicate the available budget and request the consultants to provide their best technical and financial proposals in separate envelopes, within the budget. Evaluation of all technical proposals shall be carried out first as in the QCBS method. Then the price proposals shall be opened in public and prices shall be read out aloud. Proposals that exceed the indicated budget shall be rejected. The Consultant who has submitted the highest ranked technical proposal among the rest shall be selected and invited to negotiate a contract. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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LEAST COST SELECTION (LCS) This method is only appropriate for selecting consultants for assignments of a standard or routine nature (audits, engineering design of noncomplex works, and so forth) where well-established practices and standards exist. Under this method, a “minimum” qualifying mark for the “quality” is established. Proposals, to be submitted in two envelopes, are invited from a short list. Technical proposals are opened first and evaluated. Those securing less than the minimum qualifying mark are rejected, and the financial proposals of the rest are opened in public. The firm with the lowest price shall then be selected. CONSULTANTS’ QUALIFICATIONS BASED SELECTION (CQS) This method may be used for small assignments for which the need for preparing and evaluating competitive proposals is not justified. In such cases, prepare the TOR, request expressions of interest and information on the consultants’ experience and competence relevant to the assignment, establish a short list, and select the firm with the most appropriate qualifications and references. The selected firm shall be asked to submit a combined technical-financial proposal and then be invited to negotiate the contract.

SINGLE-SOURCE SELECTION (SSS) Single-source selection of consultants does not provide the benefits of competition in regard to quality and cost, lacks transparency in selection, and could encourage unacceptable practices. Therefore, single-source selection shall be used only in exceptional cases. Single-source selection may be appropriate only if it presents a clear advantage over competition: (a) for tasks that represent a natural continuation of previous work carried out by the firm (see next paragraph), (b) in emergency cases, such as in response to disasters and for consulting services required during the period of time immediately following the emergency, (c) for very small assignments, or (d) when only one firm is qualified or has experience of exceptional worth for the assignment. When continuity for downstream work is essential, the initial RFP shall outline this prospect, and, if practical, the factors used for the selection of the consultant shall take the likelihood of continuation into account. Continuity in the technical consultant may make continuation with the initial consultant preferable to a new competition subject to satisfactory performance in the initial assignment. For such downstream assignments, the client shall ask the CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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initially selected consultant to prepare technical and financial proposals on the basis of TOR furnished by the client, which shall then be negotiated. If the initial assignment was not awarded on a competitive basis or was awarded under tied financing or if the downstream assignment is substantially larger in value, a competitive process acceptable to the Bank shall normally be followed in which the consultant carrying out the initial work is not excluded from consideration if it expresses interest. The Bank will consider exceptions to this rule only under special circumstances and only when a new competitive process is not practicable.

SELECTION OF INDIVIDUAL CONSULTANTS Individual consultants are employed on assignments for which (a) teams of personnel are not required, (b) no additional outside (home office) professional support is required, and (c) the experience and qualifications of the individual are the paramount requirement. When coordination, administration, or collective responsibility may become difficult because of the number of individuals, it would be advisable to employ a firm. Individual consultants are selected on the basis of their qualifications for the assignment. Advertisement is not required and consultants do not need to submit proposals. Consultants shall be selected through comparison of qualifications of at least three candidates among those who have expressed interest in the assignment or have been approached directly. Individuals considered for comparison of qualifications shall meet the minimum relevant qualifications. Individual consultants may be selected on a solesource basis with due justification in exceptional cases such as: (a) tasks that are a continuation of previous work that the consultant has carried out and for which the consultant was selected competitively; (b) assignments with total expected duration of less than six months; (c) emergency situations resulting from natural disasters; and (d) when the individual is the only consultant qualified for the assignment.

TYPES OF CONTRACTS There are two types of contract, Lump Sum Contract: Lump sum contracts are used mainly for assignments in which the content and the duration of the services and the required output of the consultants are clearly defined. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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Payments are linked to outputs (deliverables), such as reports, drawings, bill of quantities, bidding documents, and software programs. Lump sum contracts are easy to administer because payments are due on clearly specified outputs.

Time-Based Contract: This type of contract is appropriate when it is difficult to define the scope and the length of services, either because the services are related to activities by others for which the completion period may vary, or because the input of the consultants required to attain the objectives of the assignment is difficult to assess. This type of contract is widely used for complex studies, supervision of construction, advisory services, and most training assignments. Payments are based on agreed hourly, daily, weekly, or monthly rates for staff (who are normally named in the contract) and on reimbursable items using actual expenses and/or agreed unit prices. The rates for staff include salary, social costs, overhead, fee (or profit), and, where appropriate, special allowances. This type of contract shall include a maximum amount of total payments to be made to the consultants. This ceiling amount should include a contingency allowance for unforeseen work and duration, and provision for price adjustments, where appropriate. Timebased contracts need to be closely monitored and administered by the client to ensure that the assignment is progressing satisfactorily and that payments claimed by the consultants are appropriate.

IV. General Supplier Information

Company Name Acronyms, Abbreviations, Aliases Previous names of the company Year Established Address

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Website Phone/Fax Numbers

Phone:

Fax:

Name:

Phone Number:

Primary Contact Email Address: # of Staff Avg. $ Value of Stock on Hand Name(s) of Company Owner(s) or Board of Directors Parent companies, if any Subsidiary or affiliate contractor, if any

Financial Information

Bank

Name

and

Address Name

under

which

tenders is registered at bank Payment Terms Specify

Payment By: Check Yes | No

Wire Transfer Yes | No

Cash Yes | No

Standard

Payment

Terms

(Net15, 30, etc.) If available attach a copy of your standard order Terms and Conditions.

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Product / Service Information attach quotation of your services

Check Type of Wholesaler/Distributor: Yes | No Activities Carried Out

List

Local Agent: Yes | No

Range

of

Products/Services Offered Basis For Pricing (Catalog,

List,

quotation etc.)

Details of Contracts / Assignments / Projects undertaken (at least two)

Type of Contract / General

Contract

Project

Value

Description

Years

Client Contact Details

Supplier Self-Certification of Eligibility

Contractor certifies that: 1. They are not debarred, suspended, or otherwise precluded from participating in major donor (e.g. European Union, European and United States Government, United Nations) competitive bid opportunities.

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2. They are not bankrupt or being wound up, are having their affairs administered by the courts, have entered into arrangements 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. 3. They have not been convicted of an offense concerning their professional conduct. 4. They have not been guilty of grave professional misconduct proven by any means that the contracting authority can justify, or been declared to be in serious breach of contract for failure to comply with their contractual obligations towards any contracts awarded in the normal course of business. 5. They have fulfilled obligations related to the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country where the work is to be performed. 6. They have not been the subject of a judgment for fraud, corruption, involvement in a criminal organization or any other illegal activity. 7. They maintain high ethical and social operating standards, including: Working conditions and social rights: Avoidance of Child Labor, bondage, or forced labor; assurance of safe and reasonable working conditions; freedom of association; freedom from exploitation, abuse, and discrimination; protection of basic social rights of its employees and the CARD beneficiaries. Provision of goods and services with the least negative impact on the environment. Humanitarian neutrality: Endeavoring to ensure that activities do not render civilians more vulnerable to attack, or bring unintended advantage to any military actors or other combatants. Transport and cargo: Not engaged in the illegal manufacture, supply, or transportation of weapons; not engaged in smuggling of drugs or people. 8. Company warrants that, to the best of its knowledge, no CARD employee, officer, consultant or other party related to CARD has a financial interest in the Contractors business activities.

Discovery of an undisclosed

Conflict of Interest situation will result in immediate revocation of the Contractor’s Authorized Supplier status and disqualification of tender’s from participation in future CARD procurement. By signing the Supplier Information Form you certify that your Contractor is eligible to supply goods and services to major donor funded organizations and that all of the above statements are accurate and factual.

Name of Company:

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Title: Signature: Date:

FOR ECS-CARD USE The completed Supplier Information Form has been undergone a technical review by a health staff member: Name

______________________________

Title

______________________________

Signature

______________________________

Date*

______________________________

The completed Supplier Information Form has undergone a technical review by a logistics staff member check has been completed: Name

______________________________

Title

______________________________

Signature

______________________________

Date*

______________________________

The supplier is approved as an Authorized Supplier Diocesan BISHOP approval required):

Name

______________________________

Title

______________________________

Signature

______________________________

Date*

______________________________

IIV. General principles for Procurement If the implementation of an Action requires procurement by the Beneficiary, the contract must be awarded to the most economically advantageous tender (ie, the tender offering the best price-quality ratio), in accordance

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with the principles of transparency and fair competition for potential contractors and taking care to avoid any conflicts of interest. To this end, the Beneficiary must comply with the rules set out in sections 0 to 0 below, subject to section 0. In the event of failure to comply with the rules referred to above, expenditure on the operations in question is not eligible for Community financing. The Commission will carry out ex post checks on Beneficiaries' compliance with the rules. The provisions of this Annex apply mutatis mutandis to contracts to be concluded by the Beneficiary’s partners. Eligibility for contracts The nationality rule Participation in tender procedures administered by the Beneficiary is open on equal terms to all natural and legal persons of the Member States and the States and territories of regions expressly covered and/or allowed by the Financial Regulation, the basic legislation or other instruments governing the aid programme under which the grant is being financed. Tenderers must state, in the tender, the country of which they are nationals by presenting the usual proof of nationality under their national legislation. This rule does not apply to the experts proposed by service providers taking part in tender procedures or service contracts financed by the grant.

The rule of origin If the basic act or the other instruments applicable to the programme under which the grant is financed contain rules of origin for supplies acquired by the Beneficiary in the context of the grant, the tenderer must state the origin of supplies. For the purpose of this annex, the term "origin. Contractors must present proof of origin to the Beneficiary no later than when the first invoice is presented, for equipments and vehicles of a unit cost on purchase of more than 5000 USD. The certificate of origin must be made out by the competent authorities of the country of origin of the supplies and must comply with the rules laid down by the relevant Community legislation. Where the basic act or other instruments applicable to the programme under which the grant is financed do not contain rules of origin for supplies acquired by the Beneficiary in the context of the grant, the origin of those supplies is free and no certificate of origin is required.

Exceptions to the rules on nationality and origin

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Where an agreement on widening the market for procurement of goods or services applies, the procurement contracts must also be open to nationals of other countries under the conditions laid down in that agreement. In addition, in duly substantiated exceptional cases, the Commission may allow nationals of countries other than those referred to in section 0 to tender for contracts (or supplies of goods originating in such countries) on the basis of the specific conditions laid down in the basic act or other instrument governing the programme under which the grant is financed. Grounds for exclusion from participation in procurement Candidates or tenderers will be excluded from participation in a procurement procedure if: 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; they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata; they have been guilty of grave professional misconduct proven by any means which the Beneficiary can justify; 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 Beneficiary or those of the country where the contract is to be performed; they have been the subject of a judgment which 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; they are currently subject to an administrative penalty referred to in section 2.3.5 of the Practical Guide to contract procedures for CARD external actions. Candidates or tenderers must certify that they are not in one of the situations listed above. Exclusion from award of contracts Contracts may not be awarded to candidates or tenderers which, during the procurement procedure: (a)

are subject to a conflict of interests;

(b)

are guilty of misrepresentation in supplying the information required by the Beneficiary as a condition

of participation in the contract procedure or fail to supply this information. Rules common to all tender procedures The tender documents must be drafted in accordance with best international practice. If they do not have their own documents, The CARD will not publish the tender documents established by the Beneficiary. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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The time-limits for receipt of tenders and requests to participate must be long enough to allow interested parties a reasonable and appropriate period to prepare and submit their tenders. All requests to participate and tenders declared as satisfying the requirements must be evaluated and ranked by an evaluation committee on the basis of the exclusion, selection and award criteria announced in advance. This committee must have an odd number of members, at least three, with all the technical and administrative capacities necessary to give an informed opinion on the tenders. Rules applicable to service contracts

Contracts of 10 000 USD or more Service contracts worth 10 000 USD or more must be awarded by means of an international restricted tender procedure following publication of a procurement notice. The procurement notice is to be published in all appropriate media, in particular on the Beneficiary’s web site, in the international press and the national press of the country in which the Action is being carried out, or in other specialist periodicals. It must state the number of candidates which will be invited to submit tenders within a range of four to eight candidates, and must be sufficient to ensure genuine competition. All would-be service providers fulfilling the conditions referred to in section 0 may ask to participate but only candidates satisfying the published selection criteria and invited in writing by the Beneficiary may submit a tender.

Contracts under 20 000 USD Service contracts worth less than 20 000 USD must be awarded by means of a negotiated procedure without publication, in which the Beneficiary consults at least three service providers of its choice and negotiates the terms of the contract with one or more of them. For services of a value of € 10 000 or less, the Beneficiary may place orders on the basis of a single tender. Rules applicable to supply contracts Contracts of € 150 000 or more Supply contracts worth 80 000 USD or more must be awarded by means of an international open tender procedure following publication of a procurement notice.

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The procurement notice is to be published in all appropriate media, in particular on the Beneficiary’s web site, in the international press and the national press of the country in which the Action is being carried out, or in other specialist periodicals. Any would-be supplier which fulfils the conditions referred to in section 1 may submit a tender.

Contracts between 60 000 USD and 150 000 USD Such contracts are awarded by means of an open tender procedure published locally: the procurement notice is published in all appropriate media but only in the country in which the Action is being carried out. A local open tender procedure must provide other eligible suppliers with the same opportunities as local firms.

Contracts under 60 000 USD Supply contracts worth less than 60 000 USD must be awarded by means of a negotiated procedure without publication, in which the Beneficiary consults at least three suppliers of its choice and negotiates the terms of the contract with one or more of them. For supplies of a value of 10 000 USD or less, the Beneficiary may place orders on the basis of a single tender. Rules applicable to works contracts

Contracts of 5 000 000 USD or more Works contracts worth 5 000 000 USD or more must be awarded by means of an international open tender procedure following publication of a procurement notice. The procurement notice is to be published in all appropriate media, in particular on the Beneficiary’s web site, in the international press and the national press of the country in which the Action is being carried out, or in other specialist periodicals. Any contractor which fulfils the conditions referred to in section 0 may submit a tender.

Contracts of between 300 000 USD and 5 000 000 USD Such contracts are awarded by means of an open tender procedure published locally: the procurement notice is published in all appropriate media but only in the country in which the Action is being carried out. A local open tender procedure must provide other eligible contractors with the same opportunities as local firms. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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Contracts under 300 000 USD Works contracts worth less than 300 000 USD must be awarded by means of a negotiated procedure without publication, in which the Beneficiary consults at least three contractors of its choice and negotiates the terms of the contract with one or more of them. For works of a value of 10 000 USD or less, the Beneficiary may place orders on the basis of a single tender.

Use of the negotiated procedure The Beneficiary may use the negotiated procedure on the basis of a single tender in the following cases: (a)

Where, for reasons of extreme urgency brought about by events which the Beneficiary could not have

foreseen and which can in no way be attributed to him, the time-limit for the procedures referred to in sections 0 to 0 cannot be kept. The circumstances invoked to justify extreme urgency must in no way be attributable to the Beneficiary. Actions carried out in crisis situations identified by the Commission are considered to satisfy the test of extreme urgency. The Commission will inform the Beneficiary if a crisis situation exists and when it comes to an end. (b)

Where the services are entrusted to public-sector bodies or to non-profit institutions or associations and

relate to activities of an institutional nature or designed to provide assistance to peoples in the social field; (c)

where contracts extend activities already under way which are not included in the main contract but

which, because of unforeseen circumstances, have become necessary to perform the contract, or which consist of the repetition of similar services entrusted to the contractor providing services under the initial contract; (d)

for additional deliveries by the original supplier intended either as a partial replacement of normal

supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the Beneficiary to acquire equipment having different technical characteristics which would result in either incompatibility or disproportionate technical difficulties in operation and maintenance; (e)

For additional works not included in the initial contract concluded which have, through unforeseen

circumstances, become necessary for carrying out the works; (f)

Where the tender procedure has been unsuccessful, that is where no qualitatively and/or financially

worthwhile tender has been received. In such cases, after cancelling the tender procedure, the Beneficiary may negotiate with one or more tenderers of its choice, from among those that took part in the tender procedure, provided that the initial terms of the tender procedure are not substantially altered;

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(g)

where the contract concerned follows a contest and must, under the rules applying, be awarded to the

winner of the contest or to one of the winners of the contest, in which case, all winners shall be invited to participate in the negotiations; (h)

Where, for technical reasons, or for reasons connected with the protection of exclusive rights, the

contract can be awarded only to a particular service provider; (i)

Where warranted by the nature or particular characteristics of the supplies, for example, where

performance of the contract is exclusively reserved for the holders of patents or licences to use patents; (j)

Where the orders are placed with a humanitarian central buying office, recognised as such by the

relevant service of the European Commission; (k)

For the issue of the expenditure verification report and the financial guarantee where they are required

under the Contract; (l)

For contracts declared to be secret, or for contracts whose performance must be accompanied by special

security measures or when the protection of the essential interests of the CARD or the beneficiary country so requires; (m)

For contracts in respect of supplies quoted and purchased on a commodity market;

(n)

For contracts in respect of purchases on particularly advantageous terms, either from a supplier which is

definitively winding up its business activities, or from the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law.

Special cases Co-financing Where: the Action is co-financed by several donors and one of the other donors, whose contribution to the total cost of the Action is greater than that of the Commission, imposes procurement rules on the Beneficiary that differ from those set out in sections 0 to0, the Beneficiary may apply the rules imposed by the other donor. In all cases, the general principles and rules on nationality and origin set out in sections 0 and 0 still apply.

Public administrations of the Member States Where the Beneficiary or a partner is a contracting authority and/or a contracting entity within the meaning of the Community Directives applicable to procurement procedures, it must apply the relevant provisions of those texts, in preference to the rules set out in 0 to0. In all cases, the general principles and rules on nationality and origin set out in 0 still apply. CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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International Organisations Where a partner is an international organisation, it applies its own procurement rules if they offer guarantees equivalent to internationally accepted standards. If they do not or in specific cases, the Commission and the Beneficiary agree on the use of other procurement procedures, which offer such guarantees. In all cases the general principles and rules on nationality and origin set out in point 0 still apply.

Central Buying Offices Where the Beneficiary uses a central buying office as service provider, he selects it in conformity with the procedures set out above for service contracts. A central buying office for the purpose of point 0 (j) is a non-profit making, autonomous and professional structure, specialised in the technical and commercial management of supplies. This central buying office applies the rules imposed on the Beneficiary. Where it is a humanitarian central buying office recognised as such by the relevant service of the CARD.

IIIV. Tender Instruction and Specifications Document The Christian Action for Relief and Development (CARD)

INSTRUCTIONS TO TENDERERS

Project Title

Contractor

Contract No. Locality/ s Project Location/s

BIDDER RESPONSIBLITIES It is the bidder’s responsibility to carefully examine all tender documents and to make sure each line is clearly understood. To obtain at his/her own expense all the information required arriving at a tender price, and no

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claim or alteration of the submitted tender amount will be entertained on the grounds of failure to understand the tender instructions.

PARTIES CLIENT: CARD Wau - South Sudan POTENTIAL SUPPLIER: Contractor with the ability to provide high quality tools & seeds within the specified time line to CARD Wau South Sudan Programs.

TENDER DOCUMENTS The Supplier will receive the following documents as part of this invitation to tender: One copy of the Tendering Instructions One copy of the Request for Quotation One copy of the Supplier Information Form

PRICES A price or rate shall be entered against each item in the Request for Quotation and any item not so priced shall be deemed as not offered. The Supplier agrees to hold the bid prices for forty five (45) days after the tender closing date. Quotations shall be submitted on a FIXED UNIT PRICE basis. Increases in price after tender shall not be considered. All rates and amounts inserted in the Request for Quotation shall be in South Sudanese Pounds (SSP). CARD Preferred payment terms are ………………….. The supplier shall note on the Request for Quotation if they require payment terms other than above payment terms. The Contract / Supplier is duty / VAT paid (No waiver on Customs duty shall be granted)

TENDERS The supplier shall submit their bid in the following manner: The Bid Proposal shall be submitted in a firmly sealed A4 envelope addressed to ……………….. (Person responsible), CARD office in office, as specified in the tender notice. The envelope shall have printed on the outside: Tender for agriculture tools and seeds for FSTP project Western Bahr el Ghazal State

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The name and address of the Supplier The envelope shall contain: One copy of the Request for Quotation fully priced and extended, including payment terms and delivery lead times. List of previous work by the Supplier related to the construction work 2 Letters of recommendation (from INGOs, Contractors, GoSS etc.) Copy of Supplier’s Business Registration documents License from government – Republic of South Sudan

Company Profile Completed Supplier Information Form Proposals must be submitted to the CARD Wau Office on or before, week day, date, year, time Failure to provide the above mentioned documentation may be cause for the proposal to be rejected. A bid may be withdrawn in person by a bidder’s authorized representative before the opening of the bids.

Bidder(s)

representative will be required to show ID and sign on bid summary sheet before it will be released. The bid should be signed by a Principal of the Firm or a fully authorized agent and the full name and address of the Supplier should be stamped or written in block capitals in the space provided. All entries in the Tender Documents must be ink and any amendment or erasure to these entries must be initialed by the Supplier in ink. CARD is not liable for any costs incurred by a bidder in responding to this call for tender. CARD reserves the right to cancel this tender at any time prior to award, without penalty. To ensure fair consideration for all bidders, CARD prohibits communication to, or with, any CARD employee during the tender process, with the exception of those questions related to interpretation of specifications or the proposal process. Any non-related communications initiated by a bidder may be grounds for disqualifying the offending bidder from further participation

in

this,

or

future,

CARD

RFP

processes.

Direct

inquiries

to:

……………………………………………………………………………..

ERRORS The priced Request for Quotation submitted by the bidder will be examined by the CARD and ………… team, who will check for errors in the computation. If any arithmetical errors are detected in an otherwise acceptable Tender, the price written in words will take precedence. CARD reserves the right to seek clarification from the bidder if errors are discovered. However, the bidder is reminded that it is entirely their responsibility to ensure the accuracy of their bid and CARD is under no obligation to allow the alteration of a bid after its submission on the grounds of any arithmetical or other errors subsequently discovered.

IRREGULARITIES CARD’s Procurement Manual adapted from Technical Education quality improvement Programme

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A bid that is informal, incomplete, unqualified, non-compliant with the requirements of the Bid Documents, or otherwise irregular in any way, may be declared invalid and rejected. The determination of what is, or is not, a minor and inconsequential irregularity, the determination of whether to accept, waive, or require correction of an irregularity, and the final determination of the validity of a bid, shall be at the sole discretion of CARD Tender Committee.

ADDITIONAL DOCUMENTS Additional documents may be issued by the requesting officials to prospective Suppliers prior to the closing date for receipt of bids, which are intended to change or clarify the original plans and/or specifications. i.e. additions, deletions, modifications, or explanations. Additional documents will be delivered to all who constructors who have received the Tender package. Copies of additional documents will be made available for inspection at the office of the requesting official. No additional documents will be issued later than forty-eight (48) hours prior to the date and time for receipt of bids, except an addendum withdrawing the invitation to bid, or an addendum which includes postponement of the bid. Bidders shall ascertain prior to submitting their bid that they have received all additional documents issued, and they shall acknowledge receipt of addenda on the proposal form.

BRAND NAMES If brand names, manufacturer, or trade names are specified in the tender documents, it is for the purpose of establishing a grade or quality of tools only. It is the bidder's responsibility to identify any alternate items offered in the bid, and prove to the satisfaction of the Tender Committee that said item is equal to, or better than, the product specified. If brand names, manufacturer, or trade names, are NOT specified in the tender documents, then it will be bidder’s responsibility to identify and propose an appropriate brand, or, if the tender documents do not contain blanks for such information, bidder MUST attach to their proposal, on the supplier’s company letterhead, a statement identifying the manufacturer and brand name of each proposed item, plus a complete description of the items including illustrations, performance test data and any other information necessary for an evaluation. If brand is listed in the tender documents and no alternative variations are stated in the bidder’s proposal, it will be assumed that the item proposed is the brand name product.

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DEMONSTRATIONS / SAMPLES Due to the sensitive nature of procurement and the need to ensure quality control, bidders shall provide a sample of the exact item(s) proposed within seven (7) business days from receipt of such request from CARD. Should the proposed tooled in , bidders may provide samples to other CARD offices e.g. Wau for inspection, upon mutual agreement with the CARD office.

CONTRACT AWARD CARD- reserves the right to accept or reject any or all bids and to accept the offer suitable to the best interests of CARD, and is not bound to accept the low bid price submitted. CARD reserves the right to give contracts to multiple vendors if it considers it in its best interest. Selection will be determined by a committee of CARD employees. A bid will be considered responsive if it meets the following requirements:  It is received at the proper time and place.  It meets the stated requirements of the tender instructions.  It is submitted by a licensed/registered supplier CARD will notify the winning bidder by e-mail or phone after the opening of tenders. CARD is under no Obligation to deliver the identity or terms of the winning contractor. CARD reserves the right to cancel any resultant contracts for non-conformance to items, quality and/or construction lead times specified in the Supplier’s bid. CARD also reserves the right to reject any deliveries that do not conform to the Supplier’s bid. ACKNOWLEDGEMENT AND BIDDER’S REPRESENTATION By submitting a response to this call for tender, Bidder warrants that, to the best of its knowledge, no CARD employee, officer, consultant or other party related to CARD has a financial interest in the Bidder’s business activities. Discovery of an undisclosed Conflict of Interest situation will result in immediate disqualification of the bidder and disqualification of bidder from participation in future CARD RFP processes. Each bidder, by signing and submitting a bid, represents that the bidder has read and understands the tender documents and specifications

Name of Company:

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Title: Signature: Date: Company Address:

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