DODOMA URBAN WATERSUPPLY AND SEWERAGE AUTHORITY

(DUWASA)

 

 

 

 

 

 

 

 

 

INVITATION FOR TENDERS

 

TENDER NO: DUWASA/2007/2008/ 02

FOR SUPPLY OF GOODS

AND

PROVISION OF SERVICES

 

 

 

 

 

 

 

 

 

Managing Director,

DUWASA,

P.O. Box 431,

DODOMA.

Tel:  026 23 24245/2321179

Fax: 026 2320060

                                                                                                                                                Email: duwasatz@yahoo.com

                                                                                                                                                Website: www.duwasa.or.tz

 

 

 

 

 

 

 

DODOMA URBAN WATERSUPPLY AND SEWERAGE AUTHORITY (DUWASA)

 

 

 

 

SECTION I: INVITATION FOR TENDER

 

TENDER NO.DUWASA/2007/2008/02 FOR SUPPLY OF GOODS AND PROVISION OF SERVICES.

 

1.      The Dodoma Urban Watersupply and Sewerage Authority (DUWASA), has set aside sufficient funds for procuring goods and services during the financial year 2007/2008. DUWASA intends to apply part of the proceeds of these funds to payments under the contract for supply of goods and services for year 2007/2008.

 

2.      The Dodoma Urban Watersupply and Sewerage Authority (DUWASA), now invite sealed tenders from eligible National Suppliers for the supply of the following goods and provision of services.

LOT NO

DESCRIPTIONS

QUANTITY

01

SUPPLY OF STATIONERY

Various

02

SUPPLY OF PRINTED ITEMS

Various

03

SUPPLY OF WATER METER AND METER FITTINGS

Various

04

SUPPLY OF POLYETHLENE PIPES, PVC PIPES AND FITTINGS

Various

05

SUPPLY OF DUCTILE PIPES (DI), CAST IRON PIPES(CI), G.S PIPES AND FITTINGS

Various

06

PROVISION OF SERVICES TO AIR CONDITIONERS

Various

07

PROVISION OF SERVICES AND MAINTENANCE TO COMPUTERS, PRINTERS, UPS, PHOTOCOPY MACHINES AND OTHER (IT) ACCESSORIES.

Various

                                   

  1. Bidders shall price their bids as per specifications provided for in the bidding document. Bidders may quote for a single lot or combination of lots, but in each case bidder must quote for all items specified in each lot. All unit prices offered should not include VAT (VAT EXCLUSIVE), and Partial bids shall not be accepted.
  2. Tendering will be conducted through National Competitive Tendering procedures specified in the Public Procurement (Goods, Works, Non Consultant Service and Disposal of Public Asset by Tender), Regulations 2005, - Government Notice No 97 and is open to all Tenderers as defined in the regulation

5.      Interested eligible tenderers may obtain further information from and inspect the tendering documents at the office of the Secretary Tender Board, Dodoma Urban Watersupply and Sewerage Authority, P.O.Box 431, Dodoma between 8.30 am to 4.30 pm working hours on  Mondays to Fridays except on public holidays.

 

6.      A complete set of Tendering documents  prepared in English language and additional sets may be purchased by interested Tenderers on the submission of a written application to the address given under paragraph 5 above and upon payment of a non-refundable fee of TZS 80,000/= (Tanzanian shillings Eighty thousand only) for each tender documents. Payment should either be by Cash, Banker’s Draft or Banker’s Cheque, payable to:-

 

 

Managing Director,

Dodoma Urban Watersupply and Sewerage Authority,

P.O.Box- 431,

DODOMA.

 

 

 

 

 

 

 

7.      All tenders  in one original plus one copy, properly filled in, and  enclosed in plain wax sealed envelopes, clearly marked Tender NO……Lot NO…….. Must be delivered to Secretary Tender Board, Dodoma Urban Watersupply and Sewerage Authority (DUWASA), P.O.Box 431, Dodoma at or before 7th September, 2007 at 10.30am. Tenders will be opened promptly thereafter in public and in the presence of Tenderers’ representatives who choose to attend in the opening at DUWASA Head Office, Board Room,

 

All tenders must be delivered by hand or be sent by registered post to Secretary Tender Board so as to reach the DUWASA Tender box before the deadline for submission of tenders.

 

8.      Late tenders, portion of tenders, telegraphic, telex, telefax, electronic tenders, and tenders not received, tenders not opened and not read out in public at the tender opening ceremony shall not be accepted for evaluation irrespective of the circumstances.

 

9.      All tenders must be accompanied by a tender security declaration in the format provided in the tendering documents.

 

Secretary Tender Board,

Dodoma Urban Watersupply and Sewerage Authority (DUWASA)

P.O.Box 431,

DODOMA.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION II:       INSTRUCTIONS TO BIDDERS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S/N

Subject

ITB

Details

A

INTRODUCTION

 

 

 

 

 

 

1.

Source of Funds

1.1

Dodoma Urban Watersupply and Sewerage Authority (DUWASA), has set aside funds under its budget to cover its procurement of goods and services for the Financial Year 2007/2008.  DUWASA intends to apply a portion of these funds to eligible payments under the contract for which these Bidding Documents are issued

2.

Eligible Bidders

2.1

This Invitation for bids is open to all suppliers from eligible countries as defined in the Public Procurement Regulations of Goods Works, Non Consultant Service and Disposal of Public Asset by Tender) Government Notice 97 of 2005, hereinafter referred as the Regulations, except as provided hereinafter.

 

 

2.2

Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or any of its affiliates which have been engaged by the Purchaser to provide consulting services for the preparation of the design, specifications, and other documents to be used for the procurement of the goods and services to be purchased under this Invitation for Bids.

 

 

2.3

Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the Government of the United Republic of Tanzania in accordance with clause 36.1

 

 

2.4

Government owned enterprises in the United Republic of Tanzania may participate only if they are legally and financially autonomous, if they operate under commercial law and if they are not dependent agency of the Purchaser.

3.

Eligible Goods and Services

3.1

All goods and related services to be supplied under the contract shall have their country of origin as an eligible country as defined in the regulations.

 

“goods” includes commodities, raw materials, machinery, equipment, and industrial plants;

 

“related services” includes services such as insurance, installation, training, and initial maintenance. 

 

 

3.2

For purposes of this clause, “origin” means the place where the goods are mined, grown, cultivated, produced, manufactured or processed; or through manufacture, processing, or assembly of components, a commercially recognized product   results that is substantially different in basic characteristics or in purpose or utility from its components; or the place from which the related services are supplied.

 

 

3.3

The origin of goods and services is distinct from the nationality of the Bidder.

4.

Cost of Bidding

4.1

The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Purchaser named in the Bid Data Sheet, hereinafter referred to as “ the Purchaser,” will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

 

 

 

 

B

THE BIDDING DOCUMENTS

 

 

 

 

 

 

 

 

 

 

5.

Contents of the Bidding Documents

5.1

The goods and related services required, bidding procedures, and contract terms are prescribed in the Bidding Documents.  In addition to the Invitation for Bids (IFB), the bidding documents include:

 

a)      Instructions to Bidders (ITB)

b)      Bid Data Sheet (BDS)

c)      General Conditions of Contract (GCC)

d)      Special Conditions of Contract (SCC)

e)      Schedule of Requirements and Technical Specifications

f)        Bid Submission Form

g)      Price Schedules

h)      Bid Security Form or Tender security declaration

i)        Contract Form

j)        Performance Security Form

k)      Bank Guarantee for Advance Payment Form

l)        Manufacturer’s Authorization Form

 

 

 

 

 

 

5.2

The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding documents.  Failure to furnish all information required by the bidding documents or to submit a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in the rejection of its bid.          

6.

Clarification of Bidding Documents    

6.1

A prospective Bidder requiring any clarification of the bidding documents may notify the Purchaser in writing or by cable (hereinafter, the term cable is deemed to include telex, email and facsimile) at the Purchaser’s address indicated in the Bid Data Sheet. 

 

The Purchaser will respond in writing to any request for clarification of the bidding documents which it receives no later than fifteen (15) days prior to the deadline for the submission of bids prescribed in the Bid Data Sheet.  Written copies of the Purchaser’s response (including an explanation of the query but without identifying the source of inquiry) will be sent to all prospective bidders that have received the bidding documents.

7.

Amendment of Bidding Documents     

7.1

At any time prior to the deadline for submission of bids, the Purchaser, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, may amend the bidding documents by issuing addenda.

 

 

7.2

All prospective bidders that have received the bidding documents will be notified of the amendment in writing or by cable, and will be bidding on them.

 

 

7.3

In order to allow prospective bidders reasonable time in which to take the amendment into account in preparing their bids, the Purchaser, at its discretion, may extend the deadline for the submission of bids.

 

 

 

 

C

PREPARATION OF BIDS

 

 

 

 

 

 

8.

Language of Bid

8.1

The bid prepared by the Bidder, as well as all correspondences and documents related to the bid exchanged by the Bidder and the Purchaser shall be written in the language specified in the Bid Data Sheet.  Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate translation of the relevant passages in the language specified in the Bid Data Sheet, in which case, for purposes of interpretation of the Bid, the translation shall govern.

9.

Documents Comprising the Bid

9.1

The bid prepared by the Bidder shall comprise the following components:

 

a)      A Bid Form and a Price Schedule completed in accordance with ITB Clauses 10, 11, and 12;

 

b)      Documentary evidence established in accordance with ITB Clause 13 that the Bidder is eligible to bid and is qualified to perform the contract if its bid is accepted.

 

c)      Documentary evidence established in accordance with ITB Clause 14 that the goods and ancillary services to be supplied by the Bidder are eligible goods and services and conform to the bidding documents; and

 

d)      Bid security furnished in accordance with ITB Clause 15.

10.

Bid Submission Form

10.1

The Bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the bidding documents, indicating the goods to be supplied, a brief description of the goods, and their country of origin, quantity, and prices.

11.

Bid Prices

11.1

The Bidder shall indicate on the appropriate Price Schedule the unit prices and total bid price of the goods it proposes to supply under the contract.

 

 

11.2

Prices indicated on the Price Schedule shall be entered separately in the following manner:

 

a)      For goods offered from within the United Republic of Tanzania.

 

I.                    the price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable:

 

on the components and raw material used in the manufacture or assembly of goods quoted ex work or ex factory; or

 

on the previously imported goods of foreign origin quoted ex warehouse, ex showroom, or off-the-shelf.

 

II.                 Any Purchaser country sales and other taxes which will be payable on the goods if the contract is awarded.

 

III.               The price for inland transportation, insurance and other local costs incidental to delivery of the goods to their final destination, if specified in the Bid Data Sheet.

 

IV.              The price of (incidental) services, if any, listed in the Bid Data Sheet.

 

 

 

b)      For Goods Offered from abroad

 

I.                    The price of the goods shall be quoted CIF named port of destination, or CIP [border point, or CIP named place of destination, in the Purchasers country, as specified in the Bid Data Sheet.  In quoting the price, the bidder shall be free to use transportation through carriers registered in any eligible countries.  Similarly the Bidder may obtain insurance services from any eligible source country.

 

II.                 The price of the goods quoted FOB port of shipment (or FCA, as the case may be), if specified in the Bid Data Sheet.

 

III.               The price of goods quoted CFR port of destination (or CPT as the case may be), if specified in the Bid Data Sheet.

 

IV.              The price for inland transportation, insurance, and other local costs incidental to delivery of the goods from the port of entry to their final destination, if specified in the Bid Data Sheet.

 

V.                 The price of (incidental) services, if any, listed in the Bid Data Sheet.

 

 

11.3

The terms EXW, CIF, CIP etc. shall be governed by the rules prescribed in the current edition of Incoterms published by the International Chamber of Commerce, Paris.

 

 

11.4

The Bidder’s separation of price components in accordance with ITB Clause 11.2 above will be solely for the purpose of facilitating the comparison of bids by the Purchaser and will not in any way limit the Purchaser’s right to contract on any of the terms offered.

 

 

11.5

Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the contract and not subject to variation on any account, unless otherwise specified in the Bid Data Sheet.   A bid submitted with an adjustable price quotation will be treated as non responsive and will be rejected, pursuant to ITB Clause 24.  If, however in accordance with the Bid Data Sheet, prices quoted by the Bidder shall be subject to adjustment during the performance of the contract, a bid submitted with a fixed price quotation will not be rejected, but the price adjustment would be treated as zero.

12.

Bid Currencies

12.1

Prices shall be quoted in the following currencies:

 

a)      For goods and services that the Bidder will supply from within the United Republic of Tanzania, the prices shall be quoted in Tanzania Shillings, unless otherwise specified in the Bid Data Sheet.

 

b)      For goods and services that the Bidder will supply from outside the United Republic of Tanzania, the prices shall be quoted in any freely convertible currency.  If the Bidder wishes to be paid in a combination of amounts in different currencies, the bidder may quote price accordingly but use no more than three foreign currencies.  For the purpose of this clause, the European Currency Unit (ECU) is also considered an eligible currency.

13.

Documents Establishing Bidder’s Eligibility and Qualification. 

13.1

Pursuant to ITB Clause 9 the Bidder shall furnish, as part of its bid, documents establishing the Bidder’s eligibility to bid and its qualifications to perform the contract if its bid is accepted.

 

 

13.2

The documentary evidence of the Bidder’s eligibility shall establish to the Purchaser’s satisfaction that the Bidder, at the time of submission of its bid, is from an eligible country as defined under ITB Clause 2.

 

 

13.3

The documentary evidence of the Bidder’s qualifications to perform the contract if its bid is accepted shall establish to the Purchaser’s satisfaction:

 

a)      that, in the case of a Bidder offering to supply goods under the contract which the Bidder did not manufacture or otherwise produce, the Bidder has been duly authorized by the goods’ Manufacturer or producer to supply the goods in the United Republic of Tanzania.

 

b)      That the Bidder has the financial, technical, and production capability necessary to perform the contract;

 

c)      That, in the case of a Bidder not doing business within the United Republic of Tanzania, the Bidder is or will be (if awarded the contract) represented by an Agent in the country equipped, and able to carry out the Supplier’s maintenance, repair, and spare parts-stocking obligation prescribed in the Conditions of Contract and/or Technical Specification; and

 

d)      That the Bidder meets the qualification criteria listed in the Bid Data Sheet.

14.

Documents Establishing    Goods Eligibility and Conformity to Bidding Documents

14.1

Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, documents establishing the eligibility and conformity to the bidding documents of all goods and services, which the Bidder proposes to supply under the contract.

 

 

14.2

The documentary evidence of the eligibility of the goods and services shall consist of a statement in the Price Schedule of the country of origin of the goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.

 

 

14.3

The documentary evidence of conformity of the goods and services to the bidding documents may be in the form of                                                                                                                 literature, drawings, and data, and shall consist  of :

 

a)      a detailed description of the essential  technical and performance characteristics of the goods;

 

b)      a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the goods for a period to be specified in the Bid Data Sheet, following commencement of the use of the goods by the Purchaser; and

 

c)      An item-by-item commentary on the Purchaser’s Technical Specifications demonstrating substantial responsiveness of the goods and services to those specifications, or a statement of deviations and exceptions to the provisions of the Technical Specifications.

 

 

14.4

For purposes of the commentary to be furnished pursuant to ITB Clause 14.3 (c) above, the Bidder shall note that standards for workmanship, material, and equipment, as well as references to brand names or catalogue numbers designated by the Purchaser in its Technical Specifications, are intended to be descriptive only and not restrictive.  The Bidder may substitute alternative standards, brand names, and/or catalogue numbers in its bid, provided that it demonstrates to the Purchaser’s satisfaction that the substitutions ensure substantial equivalence to those designated in the Technical Specifications.

15.

Bid Security    

15.1

Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its bid, a bid security in the amount specified in the Bid Data Sheet.

 

 

15.2

The bid security is required to protect the Purchaser against the risk of Bidder’s conduct which would warrant the security’s forfeiture, pursuant to ITB Clause 15.7.

 

 

15.3

The bid security shall be denominated in the currency of the bid or in another freely convertible currency, and shall be in one of the following forms:

 

a)      a bank guarantee or an irrevocable Letter of Credit issued by a reputable bank located in the United Republic of Tanzania or abroad, in the form provided in the bidding documents or another form acceptable to the Purchaser and valid for thirty (30) days beyond the validity of the bid; or

 

b)      A cashier’s or certified check.

 

 

15.4

Any bid not secured in accordance with ITB Clauses 15.1 and 15.3 will be rejected by the Purchaser as non-responsive, pursuant to ITB Clause 24.

 

 

15.5

Unsuccessful bidders’ bid security will be discharged or returned as promptly as possible but not later than thirty (30) days after the expiration of the period of bid validity prescribed by the Purchaser pursuant to ITB Clause 16.

 

 

15.6

The successful Bidder’s bid security will be discharged upon the Bidder signing the contract, pursuant to ITB Clause 34, and furnishing the performance security, pursuant to ITB Clause 35.

 

 

15.7

The bid security may be forfeited;

 

a)      if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form; or

 

b)      in the case of a successful Bidder, if the Bidder fails;

                                 i.            to sign the contract in accordance with ITB Clause 34; or

                               ii.            to furnish performance security in accordance with ITB Clause 35.

16.

Period of Validity of Bids

16.1

Bids shall remain valid for the period specified in the Bid Data Sheet after the date of bid opening prescribed by the Purchaser, pursuant to ITB Clause 19.  A bid valid for a shorter period shall be rejected by the Purchase as non- responsive.

 

 

16.2

In exceptional circumstances, the Purchaser may solicit the Bidder’s consent to an extension of the period of validity.  The request and the responses thereto shall be made in writing (or by cable).  The bid security provided under ITB Clause 15 shall also be suitably extended.  A Bidder may refuse the request without forfeiting its bid security.  A Bidder granting the request will not be required nor permitted to modify its bid.

 

 

16.3

In the case of fixed price contracts, if the award is delayed by a period exceeding sixty (60) days beyond the expiry of the initial bid validity the contract price will be adjusted by a factor specified in the request for extension.

 

17.

Format and Signing of Bid

17.1

The Bidder shall prepare an original and the number of copies of the bid indicated in the Bid Data Sheet, clearly marking each “ORIGINAL BID” and “COPY OF BID” as appropriate.  In the event of any discrepancy between them, the original shall govern.

 

 

17.2

The original and the copy or copies of the bid shall be typed or written in indelible ink and shall be signed by the Bidder or persons dully authorized to bind the Bidder to the contract.  All pages of the bid, except for un-amended printed literature, shall be initialed by the person or persons signing the bid.

 

 

17.3

Any interlineations, erasures, or overwriting shall be valid only if they are initialed by the person or persons signing the bid.

 

 

17.4

The bidder shall furnish information as described in the Form of Bid on commissions or gratuities, if any, paid or to be paid to agents relating to this bid and to contract execution if the bidder is awarded the contract.

D

SUBMISSION OF BIDS

 

 

 

 

 

 

18.

Sealing and Marking of Bids

18.1

The Bidder shall seal the original and each copy of the bid in separate envelopes, duly marking the envelopes as “ORIGINAL” and “COPY”.  The envelopes shall then be sealed in an outer envelope with wax.

 

 

18.2

The inner and outer envelopes shall:

 

a)      be addressed to the Purchaser at the  address given in the Bid Data Sheet; and

 

b)      Bear the Project name indicated in the Bid Data Sheet, the Invitation for Bids (IFB) title and number indicated in the Bid Data Sheet, and a statement; “DO NOT OPEN BEFORE”, to be completed with the time and the date specified in the Bid Data Sheet, pursuant to ITB Clause 2.2.

 

 

18.3

The inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be returned unopened in case it is declared “late”.

 

 

18.4

If the outer envelope is not sealed and marked as required by ITB Clause 18.2, the Purchaser will assume no responsibility for the bid’s misplacement or premature opening.

19.

Deadline for Submission of Bids

19.1

Bids must be received by the Purchaser at the address specified under ITB Clause. 18.2 no later than the time and date specified in the Bid Data Sheet.

 

 

19.2

The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the bidding documents in accordance with ITB Clause 7, in which case all rights and obligations of the Purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

20.

Late Bids

20.1

Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser pursuant to ITB Clause 19 will be rejected and returned unopened to the Bidder.

21

Modification and Withdrawal of Bids

21.1

The Bidder may modify or withdraw its bid after the bid’s submission, provided that written notice of the modification, including substitution or withdrawal of the bids, is received by the Purchaser prior to the deadline prescribed for submission of bids.

 

 

21.2

The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched in accordance with the provisions of ITB Clause 18.  A withdrawal notice may also be sent by cable, but followed by a signed confirmation copy, postmarked not later than the deadline for submission of bids.

 

 

21.3

No bid may be modified after the deadline for submission of bids.

 

 

21.4

No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Bidder on the Bid Form.  Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITB Clause 15.7.

E

OPENING AND EVALUATION OF BIDS

 

 

 

 

 

 

22.

Opening of Bids by the Purchaser

22.1

The Purchaser will open all bids in the presence of bidders’ representatives who choose to attend, at the time, on the date, and at the place specified in the Bid Data Sheet.  The bidders’ representatives who are present shall sign a register evidencing their attendance.

 

 

22.2

The bidders’ names, bid modifications or withdrawals, bid prices, discounts, and the presence or absence of requisite bid security and such other details as the Purchaser, at its discretion, may consider appropriate, will be announced at the opening.  No bid shall be rejected at bid opening, except for late bids, which shall be returned unopened to the Bidder pursuant to ITB Clause 20.

 

 

22.3

Bids (and modifications sent pursuant to ITB Clause 21.2) that are not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances.  Withdrawn bids will be returned unopened to the bidders.

 

 

22.4

The Purchaser will prepare minutes of the bid opening.

23.

Clarification of Bids

23.1

During evaluation of the bids, the Purchaser may, at its discretion, ask the Bidder for clarification of its bid.  The request for clarification and the response shall be in writing, and no change in the prices or substance of the bid shall be sought, offered, or permitted.

24

Preliminary Examination

24.1

The Purchaser will examine the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the bids are generally in order.

 

 

24.2

Arithmetical errors will be rectified on the following basis. 

 

If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail, and the total price shall be corrected.  If the Supplier does not accept the correction of the errors, its bid will be rejected, and its bid security may be forfeited. 

 

If there is a discrepancy between words and figures, the amount in words will prevail.

 

 

24.3

The Purchaser may waive any minor informality, nonconformity, or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Bidder.

 

 

24.4

Prior to the detailed evaluation, pursuant to ITB Clause 26, the Purchaser will determine the substantial responsiveness of each bid to the bidding documents.  For purposes of these Clauses, a substantially responsive bid is one which conforms to all the terms and conditions of the bidding documents without material deviations.  Deviations from, or objections or reservations to critical provisions, such as those concerning Bid Security (ITB Clause 15), Applicable Law (GCC Clause 31), and Taxes and Duties (GCC Clause 33), will be deemed to be a material deviation.  The Purchaser’s determination of a bid’s responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

 

 

24.5

If a bid is not substantially responsive, it will be rejected by the Purchaser and may not subsequently be made responsive by the Bidder by correction of the nonconformity.

25

Conversion to Single Currency

25.1

To facilitate evaluation and comparison, the Purchaser will covert all bid prices expressed in the amounts in various currencies in which the bid prices are payable to either;

 

a)      in Tanzania Shillings at the “selling exchange rate” established for similar transactions by the Bank of Tanzania; or

 

b)      A currency widely used in international trade, such as U.S dollars, at the selling rate of exchange published in the international press for the amount payable in foreign currency; and at the selling exchange rate established for similar transactions by the Bank of Tanzania in the United Republic of Tanzania for the amount payable in Tanzania Shillings.

 

 

25.2

The currency selected for converting bid prices to common base for the purpose of evaluation, along with the source and date of the exchange rate, are specified in the Bid Data Sheet.

26

Evaluation and Comparison of Bids

 

26.1

The Purchaser will evaluate and compare the bids which have been determined to be substantially responsive, pursuant to ITB Clause 24.

 

 

26.2

The Purchaser’s evaluation of a bid will exclude and not take into account

 

a)      in the case of goods manufactured in the United Republic of Tanzania or goods of foreign origin already located in the United Republic of Tanzania, sales and other similar taxes, which will be payable on the goods if a contract is awarded to the Bidder.

 

b)      In the case of goods of foreign origin offered from abroad, customs duties and other similar import taxes which will be payable on the goods if the contract is awarded to the Bidder; and

 

c)      Any allowance for price adjustment during the period of execution of the contract, if provided in the bid.

 

 

26.3

The comparison shall be between the EXW price of the goods offered from within the United Republic of Tanzania, such price to include all costs, as well as duties and taxes paid or payable on components and raw material incorporated or to be incorporated in the goods, and

 

the CIF named port of destination (or CIP border point, or CIP named place of destination) price of the goods offered from outside the United Republic of Tanzania.

 

 

26.4

The Purchaser’s evaluation of a bid will take into account, in addition to the bid price quoted in accordance with ITB Clause 11.2, one or more of the following factors as specified in the Bid Data Sheet, and quantified in ITB Clause 26.5;

 

a)      Cost of inland transportation, insurance, and other costs within the United Republic of Tanzania incidental to delivery of the goods to their final destination.

 

b)      Delivery schedule offered in the bid;

 

c)      Deviations in payment schedule from that specified in the Special Conditions of Contract;

 

d)      The cost of components, mandatory spare parts, and service;

 

e)      The availability in the United Republic of Tanzania of spare parts and after-sales services for the equipment offered in the bid;

 

f)        The projected operating and maintenance costs during the life of the equipment;

 

 

g)      The performance and productivity of the equipment offered; and/or

 

h)      Other specific criteria indicated in the Bid Data Sheet and/or in the Technical Specifications.

 

 

26.5

For factors retained in the Bid Data Sheet pursuant to ITB 26.4, one or more of the following quantification methods will be applied, as detailed in the Bid Data Sheet.

 

a)      Inland transportation from EXW/port of entry/border point, insurance, and incidentals.

 

Inland transportation, insurance, and other incidental costs for delivery of the goods from EXW/port of entry/border point to Project Site named in the Bid Data Sheet will be computed for each bid by the Purchaser on the basis of published tariffs by the rail or road transport agencies, insurance companies, and/or other appropriate sources.  To facilitate such computation, bidder shall furnish in its bid the estimated dimensions and shipping weight and the approximate EXW/CIF (or CIP border point) value of each package.  The above cost will be added by the Purchaser to EXW/CIF/CIP border point price.

 

b)      Delivery schedule.

 

I.                    The Purchaser requires that the goods under the Invitations for Bids shall be delivered (shipped) at the time specified in the Schedule of Requirements.  The estimated time of arrival of the goods at the Project Site will be calculated for each bid after allowing for reasonable international and inland transportation time.  Treating the bid resulting in such time of arrival as the base, a delivery “adjustment” will be calculated for other bids by applying a percentage, specified in the Bid Data Sheet, of the EXW/CIF/CIP price for each week of delay beyond the base, and this will be added to the bid price for evaluation.  No credit shall be given to early delivery , Or

 

 

 

II.                 The goods covered under this invitation are required to be delivered (shipped) within an acceptable range of weeks specified in the Schedule of Requirement.  No credit will be given to earlier deliveries, and bids offering delivery beyond this range will be treated as non-responsive. Within this acceptable range, an adjustment per week, as specified in the Bid Data Sheet, will be added for evaluation to the bid price of bids offering deliveries later than the earliest delivery period specified in the Schedule of Requirements.

 

III.               The goods covered under this invitation are required to be delivered (shipped) in partial shipments, as specified in the Schedule of Requirements.  Bids offering deliveries earlier or later than the specified deliveries will be adjusted in the evaluation by adding to the bid price a factor equal to a percentage, specified in the Bid Data Sheet, of EXW/CIF/CIP price per week of variation from the specified delivery schedule.

 

 

c)      Deviation in payment schedule

 

I.                    Bidders shall state their bid price for the payment schedule outlined in the SCC.  Bids will be evaluated on the basis of this base price.  Bidders are, however, permitted to state an alternative payment schedule and indicate the reduction in bid price they wish to offer for such alternative payment schedule.  The purchaser may consider the alternative payment schedule offered by the selected Bidder  Or

 

 

 

II.                 The SCC stipulates the payment schedule offered by the Purchase.  If a bid deviates from the schedule and if such deviation is considered acceptable to the Purchaser, the bid will be evaluated by calculating interest earned for any earlier payments involved in the terms outlined in the bid as compared with those stipulated in this invitation, at the rate per annum specified in the Bid Data Sheet.

 

d)      Performance and productivity of the equipment.

 

I.                    Bidders shall state the guaranteed performance or efficiency in response to the Technical Specification.  For each drop in the performance or efficiency below the norm of 100, an adjustment for an amount specified in the Bid Data Sheet will be added to the bid price, representing the capitalized cost of additional operating costs over the life of the plant, using the methodology specified in the Bid Data Sheet or in the Technical Specifications. Or

 

II.                 Goods offered shall have a minimum productivity specified under the relevant provision in the Technical Specifications to be considered responsive.  Evaluation shall be based on the cost per unit of the actual productivity of goods offered in the bid, and adjustment will be added to the bid price using the methodology specified in the Bid Data Sheet or in the Technical Specifications.

 

e)      Specific additional criteria.

 

Other specific additional criteria to be considered in the evaluation and the evaluation method shall be detailed in the Bid Data Sheet and/or the Technical Specifications.

27

Domestic Preference

27.1

If the Bid Data Sheet so specifies, the Purchaser will grant a margin of preference to goods manufactured in the United Republic of Tanzania for the purpose of bid comparison, in accordance with the procedures outlined in subsequent paragraphs, provided the Bidder shall have established to the satisfaction of the Purchaser that its bid complies with the criteria specified in ITB Clause 10.

 

 

27.2

The Purchaser will first review the bids to confirm the appropriateness of, and to modify as necessary, the bid group classification to which bidders assigned their bids in preparing their Bid Forms and Price Schedules, pursuant to ITB Clauses 10 and 11.

 

 

27.3

All evaluated bids in each group will then be compared among themselves to determine the lowest evaluated bid of each group.  The lowest evaluated bid of each group will next be compared with the lowest evaluated bids of the other groups.  If this comparison results in a bid from Group A or Group B being the lowest, it will be selected for contract award.

 

 

27.4

If as a result of the preceding comparison, the lowest evaluated bid is from Group C, all Group C bids will then be further compared with the lowest evaluated bid from Group A, after adding to the evaluated bid price of the imported goods offered in each Group C bid, for the purpose of this further comparison only;

 

a)      the amount of customs duties and other import taxes that a nonexempt importer would have to pay for the importation of goods offered in each Group C bid; or

 

b)      Fifteen (15) percent of the CIF (or CIP border point or CIP named place of destination, as the case may be) bid price of such goods, if the customs duties and taxes exceed fifteen (15) percent of the CIF (or CIP border point or CIP place of destination) price of such goods.

 

c)      If the Group A bid in the further comparison is the lowest, it will be selected for award.  If not, lowest evaluated bid from Group C, as determined from the comparison under ITB Clause 27.3 above, will be selected for award.

28

Contacting the Purchaser

28.1

From the time of bid opening to the time of contract award, if any bidder wishes to contact the purchaser on any matter related to the bid, it should do so in writing.

 

 

28.2

Any effort by a Bidder to influence the Purchaser in its decisions on bid evaluation, bid comparison, or contract award may result in the rejection of the Bidder’s bid.

F

AWARD OF CONTRACT

 

 

 

 

 

 

29

Post-qualification

29.1

In the absence of pre-qualification, the Purchaser will determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated responsive bid is qualified to perform the contract satisfactorily, in accordance with the criteria listed in ITB Clause 13.3

 

 

29.2

The determination will take into account the Bidder’s financial, technical, and production capabilities.  It will be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 13.3, as well as such other information as the Purchaser deems necessary and appropriate.

 

 

29.3

An affirmative determination will be a prerequisite for award of the contract to the Bidder.  A negative determination will result in rejection of the Bidder’s bid in which event the Purchaser will proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily.

30

Award Criteria

30.1

Subject to ITB Clause 32, the Purchase will award the contract to the successful Bidder whose bid has been determined to the substantially responsive and has been determined to be the lowest evaluated bid, provided further that the Bidder is determined to be qualified to perform the contract satisfactorily.

31

Purchaser’s Right to Vary Quantities at Time of Award

31.1

The Purchaser reserves the right at the time of contract award to increase or decrease, by the percentage indicated in the Bid Data Sheet, the quantity of goods and services originally specified in the Schedule of Requirements without any change in unit price or other terms and conditions.

32

Purchaser’s Right to Accept any Bid and to Reject any or All Bids

32.1

The Purchaser reserves the right to accept or reject any bid, and to annual the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform the affected Bidder of the grounds for the Purchaser’s action.

33.

Notification of Award

33.1

Prior to expiration of the period of bid validity, the Purchaser will notify the successful Bidder in writing by registered letter or by cable, to be confirmed in writing by registered letter, that its bid has been accepted.

 

 

33.2

The notification of award will constitute the formation of the Contract.

 

 

33.3

Upon the successful Bidder’s furnishing of the performance security pursuant to ITB Clause 35, the Purchaser will promptly notify each unsuccessful Bidder and will discharge its bid security, pursuant to ITB Clause 15.

34

Signing of Contract

34.1

If after notification of award, a Bidder wishes to ascertain the grounds on which its bid was not selected, it should address its request to the Purchaser.  The Purchaser will promptly respond in writing to the unsuccessful Bidder.

 

 

34.2

At the same time as the Purchaser notifies the successful Bidder that its bid has been accepted, the Purchaser will send the Bidder the Contract Form provided in the bidding documents, incorporating all agreements between the parties.

35

Performance Security

35.1

Within thirty (30) days of the receipt of the Contract Form, the successful Bidder shall sign and date the contract and return it to the Purchaser.

 

 

35.2

Within thirty (30) days of the receipt of notification of award from the Purchaser, the successful Bidder shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the bidding documents, or in another form acceptable to the Purchaser.

36

Corrupt or Fraudulent Practices

36.1

Failure of the successful Bidder to comply with the requirement of ITB Clause 34 or ITB Clause 35.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event the Purchaser may make the award to the next lowest evaluated Bidder or call for new bids.

 

 

36.2

The Government of United Republic of Tanzania requires that procuring entities as well as Bidders/Suppliers/Contractors observe the highest standard of ethics during the procurement and execution of procurement contracts.  In pursuance of this policy, the Government.

 

a)      defines, for the purpose of this provision, the terms set forth below as follows:

 

I.                    Corrupt practice” means the offering, giving, receiving or soliciting of any thing of value to influence the action of public official in the procurement process or in contract execution; and

 

II.                 “fraudulent practice” means a misrepresentation of facts in  order to influence a procurement process or the execution of contract to the detriment of the Government, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at  artificial non  competitive levels and to deprive the Government of the benefit of free and open competition:

 

b)      The Purchaser will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

 

c)      The Purchaser will reject a proposal for award if it determines that the Government declared a firm ineligible either indefinitely or for a stated period of time, to be awarded a Government – financed contract if it, at any time, determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a Government financed contract.

 

 

 

Further more, Bidders shall be aware of the provision stated in sub clause 5.4 and sub clause 24.1 of the General Condition of Contract.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION III:     BID DATA SHEET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bid Data Sheet

 

The following specific data for the goods and services to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB).  Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

 

A.      INTRODUCTION

 

ITB 1.1

Name of Project:

 

Supply of Various Goods and provision of Services

ITB 1.1

Name of Contract.

 

Tender No.Duwasa 2007/2008/02 for the Supply of Various Goods and Provision of services.

 

ITB 4.1

Name of Purchaser:

 

Dodoma Urban Watersupply and Sewerage Authority (DUWASA)

 

ITB 6.1

Purchaser’s Address, Telephone, Email and Facsimile Numbers.

 

Managing Director,

Dodoma Urban Watersupply and Sewerage Authority (DUWASA)

Chimwaga Road,

Plot NO 9 Block B

P.O.Box 431

DODOMA.

 

Tel. 255-026-2324245/2321179

Fax: 255-026-230060

e-mail: duwasatz@yahoo.com

ITB 8.1

Language of the Bid:

 

English.

 

 

 

 

 

 

 

 

 

 

 

B:        BID PRICE AND CURRENCY

 

ITB 11.2(a)

 

 

 

 

(iii)

 

 

 

 

(iv)

The price quoted for goods offered from the Purchasers country shall be:

 

EXW

 

The price for inland transportation, insurance and other local costs incidental to delivery of the goods to their final destination at Dodoma Urban Watersupply and Sewerage Authority (DUWASA), Chimwaga Road, Dodoma.

 

Applicable, as may be necessary to put the goods in the condition for use

ITB 11.2 (b)

 

 

(iv)

 

 

 

 

(v)

The price quoted for goods offered from abroad shall be:

 

CIF.

 

The price for inland transportation, insurance and other local costs incidental to delivery of the goods from the port of entry to their final destination at Dodoma Urban Watersupply and Sewerage Authority (DUWASA), Chimwaga Road, Dodoma.

 

Applicable, as may be necessary to put the goods in the condition for use

ITB 11.5

The price shall be fixed

 

ITB 12.1 (a)

ITB 12.1 (b)

Applicable

 

Applicable

 

ITB 13.3

Qualification requirements.

  1. A brief company background including number and location of the offices, valid business license, TIN and Certificate of company registration.
  2. Documentary evidence to prove that the bidder is financially sound with clean financial records.
  3. Financial document such as current bank statement or any recommendations from recognized financial institution.
  4. Submission of one original and copy of tender document.
  5. Tender security declaration.

 

 

 

 

 

 

C:        PREPARATION AND SUBMISSION OF BIDS.

 

ITB 15.1

Amount of bid security

 

NOT APPLICABLE

 

ITB 16.1

Bid validity period:

 

90 days after the date of bid opening

 

ITB 17.1

Number of copies:

One original plus one copy

 

ITB 18.2(A)

Address for bid submission: 

The Secretary,

DUWASA Tender Board,

Chimwaga Road , Plot No.9 Block B

P.O. Box  431,

Dodoma, Tanzania

Bids to be delivered either by hand or by registered post, or by courier clearly indicating the physical address of the DUWASA Tender Board.

 

ITB 18.2 (B)

IFB Title and Number

Tender No. Duwasa/2007/2008/02 for the Supply of various Goods and Provision of Services for the Financial Year 2007/2008.

 

ITB 18.2 (C)

Dead line of Bids submission and Opening day.

  • Day  - Friday
  • Date –7th September 2007,Time 10.30am

 

                       

 

 

 

 

 

 

 

 

 

 

 

D:        BID EVALUATION

ITB 25.2

Currency chosen for the purpose of converting to a common currency:

 

Tanzanian Shillings.

 

Source of exchange rate: Bank of Tanzania

 

Date of exchange rate: Date of Bid Opening

 

ITB 26.4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Criteria for bid evaluation.

 

In addition to the bid price submitted by Bidders, the following factors will be taken into account.

 

a)      Incidental costs

 

Cost of inland transport and other incidental costs to delivery of goods to final destination and put the goods in condition for use e.g. installation costs.  These costs will be added by the Purchaser to the bid price.

 

b)      Deviations in Delivery Schedule [ITB 26.5(b)]

 

Bids offering delivery beyond the time specified in the Schedule of Requirements will be treated as non-responsive.

 

c)      Deviations in payment schedule [ITB 26.5 ( c )]

 

Bid offering alternative payment schedules will be treated as non-responsive.

 

Qualification Criteria  [ITB 29]

 

1.      Financial

a)      Financial Situation

Submit evidence of sound financial position. e.g. most current financial statements

b)      Availability of Financial Resources

Submit a copy of current bank facilities e.g. Overdrafts, bank balance etc and a cash flow projection.

 

c)      Litigation

All claims with financial impact

 

 

 

 

 

 

2.      Experience Criteria.

 

At least five years experience in the supply of goods and related services.

 

3.  Supply capacity

Submit evidence to meet the supply requirements in the Schedule of requirements and technical specifications viz., stock levels, staffing, skills etc, as applicable.

 

4.Eligibility

As per ITB 13

 

5.Legal Documentation

Certified copies of business documents e.g. business license, certificate of incorporation etc.

  • Valid Business License
  • Certificate of Incorporation/Registration
  • A brief company background including number and location       of the offices, valid business license, TIN and Certificate of company registration.
  • Documentary evidence to prove that the bidder is financially sound with clean financial records.
  • Financial document such as current bank statement or any recommendations from recognized financial institution.
  • Submission of one original and copy of tender document.
  • Tender security declaration
  • Tax Clearance Certificate

ITB 27

Domestic preference

Not applicable.

 

 

 

 

 

E:        CONTRACT AWARD

 

 

ITB 31.1

Quantity may be increased or decreased as needs arises.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION IV:     GENERAL CONDITIONS OF CONTRACT

 

 

                                                                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General Conditions of Contract

 

1.

Definitions

1.1

In this Contract, the following terms shall be interpreted as indicated:

 

 

 

 

a)

“The Contract” means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

 

 

 

 

b)

“Completion” means the fulfilment of the related services by the Supplier in accordance with the terms and conditions set forth in the contract

 

 

 

 

c)

“The Contract Price” means the price payable to the Supplier as specified under the Contract, subject to such additions and adjustment here to or deduction there from as may be made pursuant t the contract for the full and proper performance of its contractual obligations.

 

 

 

 

d)

“Delivery” means the transfer of the goods from the supplier equipment, machinery, and /or other materials which the Supplier is required to supply to the Purchaser under Contract.

 

 

 

 

f)

“The Related Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, initial maintenance and other such obligations of the Supplier covered under the Contract.

 

 

 

 

g)

“GCC” mean the General Conditions of Contract contained in this section.

 

 

 

 

h)

“SCC” means the Special Conditions of Contract.

 

 

 

 

i)

“The Purchaser” means the entity purchasing the Goods and related service, as named in SCC.

 

 

 

 

j)

“The Supplier” means the individual private or government entity or a combination of the above who’s Tender to perform the contract has been accepted by the Purchaser and is named as such in the Contract Agreement, and includes the legal successors or permitted assigns of the supplier.

 

 

 

 

k)

“The Project Site” where applicable, means the place or places named in SCC.

 

 

 

 

l)

“Day” means calendar day.

 

 

 

 

m)

'Effective Date" means the date on which this Contract becomes effective pursuant to GCC Clause

 

 

 

 

n)

'Eligible Country" means the countries and territories eligible for participation in procurements financed by the specified institution.

 

 

 

 

o)

“End User" means the organization(s) where the goods will be used, as named in the SCC.

 

 

 

 

p)

 “Origin” means the place where the Goods were mined, grown, or produced or from which the Services are supplied. Goods are produced when, through manufacturing, processing, or substantial and major assembly of components, a commercially recognized new produce results that is substantially different in basic characteristics or in purpose or utility from its components.

 

 

 

 

q)

 “Force Majeure” means an event or situation beyond the control of the Supplier and not involving the Supplier’s fault or negligence and not foreseeable, is unavoidable, and is not due to negligence or lack of care on the part of the Supplier.

 

2.

Application

2.1

These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract.

 

3.

Governing Language

3.1

The Contract as all correspondence and documents relating to the contract exchanged by the Supplier and the Purchaser shall be written in the language specified in SCC. Subject to GCC Clause 3.1, the version of the Contract written in the specified language shall govern its interpretation.

 

4.

Applicable Law

4.1

The contract shall be governed and interpreted in accordance with the laws of the United Republic of Tanzania, unless otherwise specified in SCC.

 

5.

Country of Origin

5.1

The origin of Goods and Services is distinct from the nationality of the Supplier.

 

6.

Standards

6.1

The Goods supplied under this Contract shall conform to the standards mentioned in the Technical Specifications, and, when no applicable standard is mentioned, to the authoritative standards appropriate to the Goods’ country of origin. Such standards shall be the latest issued by the concerned institution.

 

7.

Use of Contract Documents and Information; Inspection and Audit by the Government of Tanzania

7.1

The Supplier shall not, without the Purchaser’s prior written consent, disclose the Contract, or any provision thereof, or any specification, plan, drawing, pattern, sample, or information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

 

 

 

7.2

The Supplier shall not, without the Purchaser’s prior written consent, make use of any document or information enumerated in GCC Clause 7.1 except for purposes of performing the Contract.

 

 

 

7.3

Any document, other than the Contract itself, enumerated in GCC Clause 7.1 shall remain the property of the Purchaser and shall be returned (all copies) to the Purchaser on completion of the Supplier’s performance under the Contract if so required by the Purchaser.

 

 

 

7.4

The Supplier shall permit the Government of the United Republic of Tanzania or / and donor agencies involved in financing the project to inspect the Supplier’s accounts and records relating to the performance of the Supplier and to have them audited by auditors appointed by the Government of the United Republic of Tanzania or / and the appropriate donor agencies, if so required by the Government of the United Republic of Tanzania or / and the appropriate donor agencies.

 

8.

Patent and Copy Rights

8.1

The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the United Republic of Tanzania.

 

 

 

8.2

The patent right in all drawings, documents, and other materials containing data and information furnished to the Purchaser by the Supplier herein shall remain vested in the supplier, or, if they are furnished to the Purchaser directly, or through the Supplier by any third party, including suppliers of materials, the patent right in such materials shall remain vested in such third party.

 

9.

Performance Security

9.1

Within thirty (30) days of receipt of the notification of Contract award, the successful Tenderer shall furnish to the Purchaser the performance security in the amount specified in SCC.

 

 

 

9.2

The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its obligations under the Contract.

 

 

 

9.3

The performance security shall be denominated in the currency of the Contract, or in a freely convertible currency acceptable to the Purchaser and shall be in one of the following forms:

 

 

 

 

a)

A bank guarantee, an irrevocable letter of credit issued by a reputable bank, or an insurance bond issued by a reputable insurance firm located in the United Republic of Tanzania or abroad, acceptable to the Purchaser, in the form provided in the Tendering documents or another form acceptable to the Purchaser; or

 

 

 

 

b)

A cashier’s or certified check.

 

 

 

9.4

The performance security will be discharged by the Purchaser and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier’s performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC.

 

10.

Inspections and Test

10.1

The Purchaser or its representative shall have the right to inspect and /or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the Purchaser. SCC and the Technical Specifications shall specify what inspections and tests the Purchaser shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes.

 

 

 

10.2

The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods’ final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the Purchaser.

 

 

 

10.3

Should any inspected or tested Goods fail to conform to the Specifications, the Purchaser may reject the Goods, and the Supplier shall replace the rejected Goods to meet specification requirements free of cost to the Purchaser.

 

 

 

10.4

The Purchaser’s right to inspect, test and, where necessary, reject Goods after the Goods’ arrival in the Purchaser’s country shall in no way be limited or eared by reason of the Goods having previously been inspected, tested, and passed by the Purchaser or its representative prior to the Goods’ shipment from the country of origin.

 

 

 

10.5

Nothing in GCC Clause 10 shall in any way release the supplier from any warranty or other obligations under this Contract.

 

11.

Packing

11.1

The supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Goods final destination and the absence of heavy handling facilities at all points in transit.

 

 

 

11.2

The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the Purchaser.

 

12.

Delivery and Documents

12.1

Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the Schedule of Requirements. The details of shipping and / or other documents to be furnished by the Supplier are specified in SCC.

 

 

 

12.2

For purposes of the Contract, “EXW”  “FOB” “FCA”, “CIF”, “CIP,” and other trade terms used to describe the obligations of the parties shall have the meanings assigned to them by the current edition of INCOTERMS published by the International Chamber of Commerce, Paris.

 

 

 

12.3

Documents to be submitted by the Supplier are specified in SCC.

 

13.

Insurance

13.1

The Goods supplied under the Contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the SCC.

 

14.

Transportation

14.1

Where the Supplier is required under Contract to deliver the Goods FOB, transport of the Goods, up to and including the point of putting the Goods on board the vessel at the specified port of loading, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price. Where the Supplier is required under the Contract to deliver the Goods FCA, transport of the Goods and delivery into the custody of the carrier at the place named by the Purchaser or other agreed point shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price.

 

 

 

14.2

Where the Supplier is required under Contract to deliver the Goods CIF or CIP, transport of the Goods to the port of destination or such other named place of destination in the United Republic of Tanzania, as shall be specified in the Contract, shall be arranged and paid for by the Supplier, and the cost thereof shall be included in the Contract Price.

 

 

 

14.3

Where the Supplier is required under the Contract to transport the Goods to a specified place of destination within the United Republic of Tanzania, defined as the Project Site, transport to such place of destination in the United Republic of Tanzania, including insurance and storage, as shall be specified in the Contract, shall be arranged by the Supplier, and related costs shall be included in the Contract Price.

 

15.

Incidental Services

15.1

The Supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC:

 

 

 

 

a)

 

Performance or supervision of on-site assembly and/or start-up of the supplied Goods;

 

 

 

 

b)

Furnishing of tools required for assembly and/or maintenance of the supplied Goods;

 

 

 

 

c )

Furnishing  of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods;

 

 

 

 

d)

Performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties,  provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and

 

 

 

 

e)

Training of the Purchaser’s personnel, at the Supplier’s plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods.

 

 

 

15.2

Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

 

16.

Spare Parts

16.1

As specified in SCC, the Supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier:

 

 

 

 

a)

Such spare parts as the Purchaser may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under the Contract; and

 

 

 

 

b)

In the event of termination of production of the spare parts:

 

i)                    advance notification to the Purchaser of the pending termination, in sufficient time to permit the Purchaser to procure needed requirements; and

 

ii)                   following such termination, furnishing at no cost to the Purchaser, the blueprints, drawings, and specifications of the spare parts, if requested.

 

           

 

17.

Warranty

17.1

The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models and those they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the Purchaser, specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the United Republic of Tanzania.

 

 

 

17.2

This warranty shall remain valid for a period specified in the SCC after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract, or for a period specified in the SCC after the date of shipment from the port or place of loading in the source country, whichever period concludes earlier, unless specified otherwise in SCC.

 

 

 

17.3

The Purchaser shall promptly notify the Supplier in writing of any claims arising under this warranty.

 

 

 

17.4

Upon receipt of such notice, the Supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the Purchaser other than, where applicable, the cost of inland delivery of the repaired or replaced Goods or parts from EXW or the port or place of entry to entry to the final destination.

 

 

 

17.5

If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Supplier under the Contract.

 

18.

Payment

18.1

The method and conditions of payment to be made to the Supplier under this Contract shall be specified in SCC.

 

 

 

18.2

The Supplier’s request(s) for payment shall be made to the Purchaser in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed, and by documents submitted pursuant to GCC Clause 12, and upon fulfilment of other obligations stipulated in the Contract.

 

 

 

18.3

Payments shall be made promptly by the Purchaser, within sixty (60) days after submission of an invoice or claim by the Supplier. If the Purchaser makes a late payment, the Supplier shall be paid interest on the late payment. Interest shall be calculated from the date by which the payment should have been made up to the date when the late payment is made at the rate as specified in the SCC.

 

 

 

18.4

The currency or currencies in which payment is made to the Supplier under this Contract shall be specified in SCC subject to the following general principle: payment will be made in the currency or currencies in which the payment has been requested in the Supplier’s Tender.

 

 

 

18.5

All payments shall be made in the currency or currencies specified in the SCC pursuant to GCC Clause 18.4

 

19.

Prices

19.1

The contract price shall be as specified in the Contract Agreement Subject to any additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract.

 

 

 

19.2

Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its Tender, with the exception of any price adjustments authorized in SCC or in the Purchaser’s request for Tender validity extension, as the case may be.

 

20.

Change Orders

20.1

The Purchaser may at any time, by a written order given to the Supplier pursuant to GCC Clause 21, make changes within the general scope of the Contract in any one or more of the following:

 

 

 

 

a)

Drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser;

 

 

 

 

b)

The method of shipment or packing;

 

 

 

 

c)

The place of delivery; and/or

 

 

 

 

d)

The Services to be provided by the Supplier.

 

 

 

20.2

If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier’s performance of any provisions under the Contract an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the Supplier’s receipt of the Purchaser’s change order.

 

 

 

20.3

Prices to be charged by the supplier for any related services that might be needed but which were not included in the Contract shall be agreed upon in advance by the Parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services.

 

21.

Contract Amendments

21.1

Subject to GCC Clause 20, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties.

 

22.

Assignment

22.1

Neither the Purchaser nor the Supplier shall assign, in whole or in part, obligations under this Contract, except with the prior written consent of the other party.

 

23.

Subcontracts

23.1

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this contract if not already specified in the Tender. Such notification, in the original Tender or later, shall not relieve the Supplier from any liability or obligation under the contract.

 

23.2

Subcontracts must comply with the provision of GCC Clause 5.

 

 

24.

Delays in the Supplier’s Performance

24.1

Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the Purchaser in the Schedule of Requirements.

 

 

 

24.2

If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the Supplier’s time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract.

 

 

 

24.3

Except as provided under GCC Clause 27, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 25, unless an extension of time is agreed upon pursuant to GCC Clause 24.2 without the application of liquidated damages.

 

25.

Liquidated Damages

25.1

Subject to GCC Clause 27, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the Purchaser shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equivalent to the percentage specified in SCC of the delivered price of the delayed Goods or unperformed Services for each week or part thereof of delay until actual delivery or performance, up to a maximum deduction of the percentage specified in SCC. Once the maximum is reached, the Purchaser may consider termination of the Contract pursuant to GCC Clause 26.

 

26.

Termination for Default

26.1

The Purchaser or the Supplier, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the concerned party may terminate the Contract if the other party causes a fundamental breach of the Contract.

 

 

 

26.2

Fundamental breaches of Contract shall include, but shall not be limited to the following:

 

 

 

a)

the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the Purchaser pursuant to GCC Clause 24; or

 

 

 

 

b)

the Supplier fails to perform any other obligation(s) under the Contract;

 

 

 

 

c)

the supplier has abandoned or repudiated the contract.

 

 

 

 

d)

The Purchaser or the Supplier is made bankrupt or goes into liquidation other than for a reconstruction or amalgamation;

 

 

 

 

e)

a payment is not paid by the Purchaser to the Supplier within 84 days of the due date for payment;

 

 

 

 

f)

the Purchaser gives Notice that goods delivered with a defect is a fundamental breach of Contract and the Supplier fails to correct it within a reasonable period of time determined by the Purchaser; and

 

 

 

 

g)

the supplier, in the judgment of the Purchaser, has engaged in corrupt or fraudulent practices in competing for or in exacting the Contract.

 

 

 

 

For the purpose of this clause:

 

 

 

 

“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value to influence the action of a public official in the procurement process or in contract execution and includes, inter alia, bribery and extortion or coercion which involves threats of injury to person, property or reputation, and

 

 

 

 

“fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Purchaser, and includes collusive practices among Tenderers (prior to or after Tender submission)

 

 

 

26.4

In the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 26.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.

 

27.

Force Majeure

27.1

Notwithstanding the provisions of GCC Clauses 24, 25, and 26, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. Such events may include, but are not restricted to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine, restrictions, acts of terrorists and freight embargoes.

 

 

 

27.2

If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

 

28.

Termination for Insolvency

28.1

The Purchaser may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

 

29.

Termination for Convenience

29.1

The Purchaser, by written notice sent to the Supplier, may terminate the contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the Contract is terminated, and the date upon which such termination becomes effective.

 

 

 

29.2

The Goods that are complete and ready for shipment within thirty (30) days after the Supplier’s receipt of notice of termination shall be accepted by the Purchaser at the Contract terms and price. For the remaining Goods, the Purchaser may elect:

 

 

 

 

a)

 

To have any portion completed and delivered at the Contract terms and prices; and / or

 

 

 

 

b)

To cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier.

 

30.

Disputes

30.1

If any dispute or difference of any kind whatsoever shall arise between the Purchaser and the Supplier in connection with or arising out of the Contract, the parties shall make every effort to resolve amicably such dispute or difference by mutual consultation.

 

 

 

30.2

If after thirty days, the parties have failed to resolve their dispute or difference by such mutual consultation, then either the Purchaser or the Supplier may give notice for adjudication.

 

 

 

30.3

If the either party believes that a decision taken by the other was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the decision.

 

31.

Procedure for Disputes

31.1

The Adjudicator shall state in the SCC give a decision in writing within 28 days of receipt of a notification of a dispute.

 

 

 

31.2

The Adjudicator shall be paid by the hour at the rate specified in the SCC, together with reimbursable expenses of the types specified in the SCC, and the cost shall be divided equally between the Purchaser and the Supplier, whatever decision is reached by the Adjudicator.  Either party may refer a decision of the Adjudicator to an Arbitrator within 28 days of the Adjudicator’s written decision.  If neither party refers the dispute to arbitration within the above 28 days, the Adjudicator’s decision will be final and binding.

 

 

 

31.3

The arbitration shall be conducted in accordance with the arbitration procedure published by the institution named and in the place shown in the SCC.

 

32.           

Replacement of Adjudicator

32.1

Should the Adjudicator resign or die, or should the Purchaser and the Supplier agree that the Adjudicator is not functioning in accordance with the provisions of the Contract a new Adjudicator will be jointly appointed by the Purchaser and the Supplier.  In case of disagreement between the Purchaser and the Supplier, within 30 days, the Adjudicator shall be designated by the Appointing Authority designated in the SCC at the request of either party, within 14 days of receipt of such request.

 

33.

Limitation of Liability

33.1

Except in cases of criminal negligence or wilful conduct, and in the case of infringement pursuant to GCC Clause 8,

 

 

 

 

a)

The supplier shall not be liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to pay liquidated damages to the Purchaser; and

 

 

 

 

b)

The aggregate liability of the Supplier to the Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment or to any obligation of the Supplier to indemnify the Purchaser with respect to patent infringement..

 

34.

Notices

34.1

Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable, telex, or facsimile and confirmed in writing or by cable, telex, or facsimile and confirmed in writing to the other party’s address specified in SCC. The term “in writing” means communicated in written form with proof of receipt.

 

 

 

34.2

A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

 

35.

Taxes and Duties

35.1

A foreign Supplier shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies imposed outside the United Republic of Tanzania.

 

 

 

35.2

If any tax exemptions, reductions, allowances or privileges may be available to the Supplier in the United Republic of Tanzania the Purchaser shall use its best efforts to enable the Supplier to benefit from any such tax savings to the maximum allowable extent.

 

 

 

35.3

A local Supplier shall be entirely responsible for all taxes, duties, license fees, etc., incurred until delivery of the contracted Goods to the Purchaser.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION V:       SPECIAL CONDITIONS OF CONTRACT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special Conditions of Contract

 

The following Special Conditions of Contract shall supplement the General Conditions of Contract.  Whenever there is a conflict, the provisions herein shall prevail over those in the General Conditions of Contract.  The corresponding clause number of the GCC is indicated in parentheses.

 

SCC Clause Number

GCC Clause Number

Amendments of, and Supplements to, Clauses in the General Conditions of Contract

 

 

Definitions (GCC Clause 1)

1.

1.1

The Purchaser is:

Managing Director,

Dodoma Urban Watersupply and Sewerage Authority (DUWASA)

P.O.BOX 431,

DODOMA

 

2.

1.1(j)

The Supplier is: [Name and address)

 

3.

1.1(k)

The Project is:  Supply of Various Goods and Provision of Services.

 

 

 

Governing Language (GCC Clause 3)

 

4.

3.1

The Governing Language shall be: English and Swahili

 

 

Applicable Law (GCC Clause 4)

 

5.

4.1

The Applicable Law shall be: Laws of the Contract

 

 

Country of Origin (GCC Clause 5)

 

6.

5.1

Country of Origin is all countries and territories which are not declared ineligible by the United Nations Organization.

 

 

Performance Security (GCC Clause 9)

 

7.

9.1

The amount of performance security, as a percentage of the Contract Price, shall be:  [ between ten (10) and twenty (20) percent of the Contract Price]

 

8.

9.4

After delivery and acceptance of the Goods, the performance security shall be reduced to two (2) percent of the Contract Price to cover the Supplier’s warranty obligations in accordance with Clause GCC 17.2.

 

 

 

 

 

Inspections and Tests (GCC Clause 10)

 

9.

10.1

Inspection and tests prior to shipment of Goods and at final acceptance are as follows:

 

Quality and quantity inspection shall be carried out prior to shipment of Goods by the manufacturer(s) at the supplier’s own expense and responsibility in terms of the items specified in the specifications. The supplier shall submit the inspection certificate issued by him which should be attached with the certificate(s) of the manufacturer(s) to the Procuring Entity in order to ensure that the goods are manufactured in compliance with the contract.

 

 

Packing (GCC Clause 11)

 

10.

11.2

The following SCC shall supplement GCC Clause 11.2:

 

The Goods shall be packed properly in accordance with standard export packing specified by the Procuring Entity in the Technical Specification.

 

 

Delivery and Documents (GCC Clause 12)

 

11.

12.1

For Goods supplied from abroad:

 

Upon shipment, the Supplier shall notify the Procuring Entity and the Insurance Company by cable the full details of the shipment, including Contract number, description of Goods, quantity, the vessel, the bill of lading number and date, port of loading, date of shipment, port of discharge, etc.  The Supplier shall mail the following documents to the Procuring Entity, with a copy to the Insurance Company:

 

                      (i.)                  One original plus four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;

 

                    (ii.)                  original and  four copies of the negotiable, clean, on-board bill of lading marked “freight prepaid” and four copies of nonnegotiable bill of lading;

 

                   (iii.)                  One original plus four copies of the packing list identifying contents of each package;

 

                  (iv.)                  insurance certificate;

 

                    (v.)                  Manufacturer’s or Supplier’s warranty certificate;

 

                  (vi.)                  inspection certificate, issued by the nominated inspection agency, and the Supplier’s factory inspection report; and

 

                 (vii.)                  Certificate of country of origin issued by the chamber of commerce and industry or equivalent authority in the country of origin in duplicate..

 

The above documents shall be received by the Procuring Entity at least one week before arrival of the Goods at the port or place of arrival and, if not received, the Supplier will be responsible for any consequent expenses.

 

[Other similar documents should be listed, depending upon the Incoterm retained.]

 

12.

12.3

For Goods from within the  United Republic of Tanzania:

 

Upon delivery of the Goods to the transporters, the Supplier shall notify the Procuring Entity and mail the following documents to the Procuring Entity:

 

                (i.)                  one original plus four copies of the Supplier’s invoice showing Goods’ description, quantity, unit price, and total amount;

 

              (ii.)                  delivery note, railway receipt, or truck receipt;

 

             (iii.)                  Manufacturer’s or Supplier’s warranty certificate;

 

            (iv.)                  inspection certificate issued by the nominated inspection agency, and the Supplier’s factory inspection report; and

 

              (v.)                  Certificate of country of origin issued by the Tanzania Chamber of Commerce, Industry and Agriculture or equivalent authority in the country of origin in duplicate.

 

The above documents shall be received by the Procuring Entity before arrival of the Goods and, if not received, the Supplier will be responsible for any consequent expenses.

 

 

Insurance (GCC Clause 13)

 

13.

13.1

The Insurance shall be in an amount equal to 110 percent of the CIF or CIP value of the Goods from “warehouse” to “warehouse” on “All Risks” basis, including War Risks and Strikes.

 

 

Incidental Services (GCC Clause 15)

 

14.

15.1

Incidental services to be provided are:

 

[Selected services covered under GCC Clause 15 and/or other should be specified with the desired features.  The price quoted in the Tender price or agreed with the selected Supplier shall be included in the Contract Price.]

 

 

Spare Parts (GCC Clause 16)

 

15.

16.1

Additional spare parts requirements are:

 

Supplier shall carry sufficient inventories to assure ex-stock supply of consumable spares for the Goods.  Other spare parts and components shall be supplied as promptly as possible, but in any case within six (6) months of placing the order and opening the letter of credit.

 

 

Warranty (GCC Clause 17)

 

16.

17.2

GCC 17.2—In partial modification of the provisions, the warranty period shall be 12 months of operation or 18 months from date of shipment, whichever occurs earlier.  The Supplier shall, in addition, comply with the performance and/or consumption guarantees specified under the Contract.  If, for reasons attributable to the Supplier, these guarantees are not attained in whole or in part, the Supplier shall, at its discretion, either:

 

(a)     make such changes, modifications, and/or additions to the Goods or any part thereof as may be necessary in order to attain the contractual guarantees specified in the Contract at its own cost and expense and to carry out further performance tests in accordance with SCC 4,

 

or

 

(b)     pay liquidated damages to the Procuring Entity with respect to the failure to meet the contractual guarantees.  The rate of these liquidated damages shall be 0.20 per cent per day of undelivered materials/goods value up to the sum equivalent to the amount of ten percent of the contract value.

 

17.

17.4 & 17.5

The period for correction of defects in the warranty period is: Two weeks.

 

18.

18.1

The method and conditions of payment to be made to the Supplier under this Contract shall be as follows:

 

Payment for Goods supplied from abroad:

 

Payment of foreign currency portion shall be made in Tanzania Shillings, [currency of the Contract Price] in the following manner:

 

(i)      Advance Payment:  Shall be negotiable percent of the Contract Price which shall be paid within thirty (30) days of signing of the Contract, and upon submission of claim and a bank guarantee for equivalent amount valid until the Goods are delivered and in the form provided in the Tendering documents or another form acceptable to the Procuring Entity.

 

(ii)          On Shipment:  Shall be negotiable percent of the Contract Price of the Goods shipped which shall be paid through irrevocable confirmed letter of credit opened in favour of the Supplier in a bank in its country, upon submission of documents specified in GCC Clause 10.

 

(iii)    On Acceptance:  Shall be negotiable percent of the Contract Price of Goods received which shall be paid within thirty (30) days of receipt of the Goods upon submission of claim supported by the acceptance certificate issued by the Procuring Entity.

 

Payment of local currency portion shall be made in Tanzania Shillings [currency] within thirty (30) days of presentation of claim supported by a certificate from the Procuring Entity declaring that the Goods have been delivered and that all other contracted Services have been performed.

 

 

 

Payment for Goods and Services supplied from within the United Republic of Tanzania:

 

Payment for Goods and Services supplied from within the United Republic of Tanzania shall be made in  Tanzanian Shillings, as follows:

 

(i)      Advance Payment: Shall be negotiable percent of the Contract Price which shall be paid within thirty (30) days of signing of the Contract against a simple receipt and a bank guarantee for the equivalent amount and in the form provided in the Tendering documents or another form acceptable to the Procuring Entity.

 

 

(ii)     On Delivery: Shall be negotiable percent of the Contract Price which shall be paid on receipt of the Goods and upon submission of the documents specified in GCC Clause 10.

 

(iii)         On Acceptance:  The remaining Shall be negotiable   percent of the Contract Price which shall be paid to the Supplier within thirty (30) days after the date of the acceptance certificate for the respective delivery issued by the Procuring Entity.

 

 

 

19.

18.3

Rate to be used for paying the Supplier’s interest on the late payment made by Purchaser shall be [Not applicable].

 

 

Prices (GCC Clause 19)

 

20.

19.1

Prices shall be adjusted in accordance with provisions in the Attachment to SCC.

 

[To be inserted only if price is subject to adjustment.]

 

 

Liquidated Damages (GCC Clause 25)

 

21.

25.1

Applicable rate: 0.1 to 0.2 per cent per day of undelivered materials/good’s value.

 

Maximum deduction: is equal to the performance security.

 

 

Procedure for Disputes (GCC Clause 31)

 

22.

31.1

The Adjudicator shall be [NOT APPLICABLE]

 

23.

31.2

Rate of the Adjudicator fees shall be [Depending on the circumstances of the case]

 

24.

31.3

Arbitration institution shall be [COURT]

 

Place for carrying out Arbitration [DODOMA]

 

25..

32.1

Appointing Authority for the Adjudicator[NOT APPLICABLE]

 

 

Notices (GCC Clause 34)

 

26.

34.1

Procuring Entity’s address for notice purposes:

 

Managing Director,

Dodoma Urban Watersupply and Sewerage Authority (DUWASA)

P.O.Box 431

DODOMA


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION VI:     SCHEDULE OF REQUIREMENTS AND TECHNICAL SPECIFICATIONS

 

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A.   SCHEDULE OF REQUIREMENTS AND TECHNICAL SPECIFICATIONS.

 

LOT NO. 01

 

SUPPLY OF OFFICE STATIONERY

 

S/NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

1

Minutes Sheets

REAM

 25

 

2

Folder File

EA

3000 

 

3

Box file

EA

130 

 

4

Photocopy paper A3 NOPA TOP (500sheets)

REAM

50 

 

5

Photocopy paper A4 NOPA TOP (500 sheets)

REAM

400

 

6

Photocopy paper A4 Motif 90gm (500 sheets premium)

REAM

100

 

7

Ball Pen Cello, black/blue/red

EA

50

 

8

Ruled Paper (200 sheets)

REAM

10

 

9

Stick note L/s

 

50

 

10

Stick note M/s

EA

40

 

11

Stick note S/s

 

10

 

12

Spiral Note books 5’’*8’’ (70 Sheets), 128*203mm

EA

100

 

13

Photocopy Toner canon 6317

EA

 

 

14

Marker pens snow man  – Blue

EA

20 

 

15

Marker pens        ,,        – Black

EA

20 

 

16

Marker pens         ,,         – Red

EA

20 

 

17

Marker pens          ,,     – Green

EA

20 

 

18

Staples pins no 24/6 and 26/6

Pkts 

 700

 

19

Office pins

Pkt

100

 

20

Paper clips M/s 28mm

Pkt

50

 

21

Rubber Bands

Pkt

100 

 

22

Computer papers (continuous)

Box

 12

 

23

Correction Fluid neo(20ml white)

EA

20 

 

24

Analysis Book 36 co/mm

EA

10 

 

25

Stores Ledger books

EA

10 

 

26

Hard covers A4

Ream

 5

 

27

Spiral binder 6mm

EA

100

 

28

Spiral binder 8mm

EA

100

 

29

Spiral binder 10mm

EA

100

 

30

Spiral binder 12mm

EA

100

 

31

Spiral binder 14mm

EA

100

 

32

Spiral binder 16mm

EA

100

 

33

Celotapes 2"

EA

10 

 

34

Dispatch books

EA

100 

 

35

Photo copy paper A4 colored

Ream

12 

 

36

Toner cartridge LaserJet 98 A

Pc

15 

 

37

Hp desk jet  cartridge 3325 27A Black

EA

10

 

38

Hp deskjet cartridge 3325  29A colored

EA

10

 

39

Hp deskjet cartridge  845C 15A black

EA

10

 

40

Hp deskjet cartridge  845C 17A colored

EA

10

 

41

Hp LaserJet cartridge 1200 series 15A

EA

10

 

42

Hp deskjet cartridge 1320 49A

EA

25 

 

43

Hp Leser jet catridge1010 12A

EA

25 

 

44

Hp Lesser jet cartridge 656C 29A black

EA

10

 

45

Hp Lesser jet cartridge 656C 49A Colored

EA

10 

 

46

Hp Lesser jet cartridge 1100 92A

EA

10

 

47

Hp Lesser jet cartridge  98A

EA

25 

 

48

Hp Lesser jet cartridge 1000 15A

EA

25 

 

49

Hp Lesser jet cartridge 2500 PCL69700A - 9704A

EA

 

50

Hp LaserJet cartridge 131A

EA

5

 

51

Hp LaserJet cartridge 135A

EA

5

 

52

Hp Deskjet 5543  136 colour

EA

10

 

53

Hp Deskjet 5543  132 black

EA

10

 

54

Fax Roller 210mm*30mm Panasonic

EA

 20

 

55

Counter books 3Q

EA

100

 

56

Drivers log books

EA

60

 

57

Tracing papers

Rolls

25

 

58

Blue Printing papers

Rolls

5

 

59

Clutch Pencil for drawing

EA

5

 

60

Rotring drawing pens

Set

1

 

61

Rotring Ink

Bottle

5

 

62

Ammonium solution

Ltr

5

 

63

Binding  Machine heavy duty

EA

1

 

64

Staples Machine Model no 308

EA

15

 

65

Ammonium Papers

Rolls

10

 

66

Flat files

EA

20

 

67

Ring Files

EA

20

 

68

Carbon papers

Pkt

10

 

69

Punching machine  medium

EA

8

 

70

Eraser

EA

14

 

71

Stamp Pad Ink

EA

1

 

72

Calculator citizen 12digit 2power

EA

2

 

73

Scientific Calculator 2 power 12 digit

EA

2

 

74

Files Tangs

Pkt

25

 

75

Masking tape

EA

12

 

76

Office glue 160gm

EA

6

 

77

Office glue 1ltr

EA

6

 

78

Tee squire

EA

1

 

79

Drawing Ink

Pkt

3

 

80

Kalamazoo sheets

EA

200

 

81

Ledger Binder

EA

1

 

82

Ribbon Cartridge 015016

EA

100 

 

83

Ribbon Cartridge Tally MT 6100

EA

13 

 

84

Toner cartridge for photocopier machine KM 5035

EA

5

 

85

Toner cartridge for photocopier machine IR 2000

EA

5

 

86

Flash Disk 256 MB

EA

5

 

87

Flash Disk 512 MB

EA

2

 

88

Flash Disk 2GB

EA

2

 

89

Photo copy paper 1A

REAM

1

 

 

N.B.   Quantity may change as the needs arise.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOT NO. 02

 

SUPPLY OF PRINTED ITEMS

 

S/NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

1

Bin cards

EA

500

 

2

Meter Reading Cards

EA

20000

 

3

Local purchase Order 1*3*50(carbonized)

EA

12

 

4

Goods Receiving Note 1*3*50(Carbonized)

EA

12

 

5

Stores Issuing Note 1*3*50(Carbonized)

EA

12

 

6

Gate Pass book 1*3*50(carbonized)

EA

5

 

7

Stores Requisition Note 1*3*50(Carbonized)

EA

50

 

8

Inventory Cards

EA

500

 

9

Wall Calendars A2 Gloss Paper year 2008

EA

900

 

10

Desk Calendars year 2008

EA

100

 

11

Envelopes A3 with Duwasa log

EA

800

 

12

Envelopes A4  with Duwasa log

EA

1000

 

13

Envelopes 4’’*8’’(small) with  Duwasa log

EA

3000 

 

14

Petty Cash Books 1*3*50

EA

20

 

15

Payment Voucher 1*3*50

EA

40

 

16

Fuel Books  1*3*50 carbonized

EA

10

 

17

Water reconnection Book 1*3*50

EA

40

 

18

Vehicles Control books

EA

60

 

19

English headed paper A4 (500 sheets) with Duwasa log

REAM

15

 

20

Swahili headed paper A4 (500 sheets) with Duwasa log

REAM

15

 

 

N.B.   Quantity may change as the needs arise and Bidders your needed come DUWASA to see Samples of all items mentioned above before bidding.

 

 

LOT NO. 03

 

SUPPLY OF WATER METER AND METER FITTINGS

 

SPECIFICATIONS.

 

·        With inbuilt non- return valve and two connectors

·        Should have plastic pressure plate separating engine and fan

·        High sensitivity especially at low flow in initial starting

·        Should be robust with strong seal

·        Not easily vandalized

NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

 1

Water meter with fittings size ¾’’

 

EA

3,000

 

 2

Water meter with fittings size 1’’

 

EA

50

 

3

Water meters  with fittings 3”

EA

5

 

4

Water meters  with fittings 4”

EA

2

 

5

Water meters  with fittings 6”

EA

2

 

6

Water meters  with fittings 8”

EA

2

 

7

Water meters  with fittings 10”

EA

2

 

8

Water meters  with fittings 12”

EA

2

 

 

N.B.   Quantity may change as the needs arise.

 

 

 

 

 

 

 

 

 

 

 

 

 

LOT NO 04

 

SUPPLY OF POLYETHLENE, PVC PIPES AND FITTINGS

 

S/NO.

DESCRIPTION

UNIT

QUANTITY

UNIT PRICE

1

PVC pipes 3" Class C, 6m length

EA

500

 

2

PVC pipes 4" Class C, 6m length

EA

1700

 

3

PVC pipes 6" Class C, 6m length

EA

1100

 

4

PVC pipe 8" Class B, 6m length

EA

150

 

5

PVC pipes 9" Class B,  6m length

EA

150

 

6

PVC pipes 10" Class B, 6m length

EA

100

 

7

PVC pipe 4" Class A 6m length

EA

100

 

8

PVC pipe 6" Class A 6m length

EA

200

 

9

PVC pipe Collar 3’’

EA

50

 

10

PVC pipe collar 4’’

EA

50

 

11

PVC pipe collar 6’’

EA

40

 

12

PVC pipe Collar 8’’

EA

10

 

13

PVC pipe collar 10’’

EA

5

 

14

Straight Couplings 3/4’’

EA

500

 

15

Straight Couplings 1’’

EA

250

 

16

Straight Couplings 11/2’’

EA

150

 

17

Straight Couplings 2’’

EA

100

 

18

PVC bends 3’’ x 90

EA

10

 

19

PVC bends 4’’x 90

EA

10

 

20

PVC bends 6’’x 90

EA

5

 

21

PVC bends 3’’x 45

EA

30

 

22

PVC bends 4’’x 45

EA

30

 

23

PVC bends 6’’x 45

EA

30

 

24

PVC Tee equal 3"

EA

100

 

26

PVC Tee equal 4"

EA

50

 

27

PVC Tee equal 6"

EA

30

 

28

PVC Tee equal 8"

EA

4

 

29

PVC Tee 4" x 3"

EA

40

 

30

PVC Tee 6" x 4"

EA

50

 

31

PVC Tee 8" x 3"

EA

10

 

32

PE pipe 3/4" Class C

Rolls

900

 

33

PE Pipe 1" Class C

Rolls

150

 

34

PE Pipe 11/2" Class C

Rolls

10

 

35

PE Pipe 2" Class C

Rolls

18

 

36

PE Connector 3/4" PN 16

EA

16500

 

37

PE Connector 1" PN 16

EA

3000