GOAL IRELAND – HATI PROGRAMME
INVITATION TO TENDER / REQUEST FOR OFFER
REF NO: PAP-T-1240
SUPPLY OF TRUCKS AND HEAVY MACHINERY RENTAL SERVICES
CONTENTS OF INVITATION TO TENDER
2. About GOAL
3. Instructions to Bidders
4. Submission of Tenders
5. Selection Criteria/Tender Allowed Conditions
6. Information Required
7. Payment Terms
8. Conditions of Tender
9. Donor Guidelines
10. Other Information Required
11. Bidder’s Signature
12. Supplies Required
Annex 1 – Quotation Sheet for Heavy Goods Vehicles
Annex 2 – Company’s Fleet details
Annex 3 – GOAL Standard Terms and Conditions
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 1 of 14
Name of Company: _____________________________________________________________________
Base of Company: _____________________________________________________________________
Issue of Tender: 29/10/2011
Deadline for Reply: 16/11/2011 4pm at GOAL office
Deadline for Estimation of Bids: 22/11/2011
Estimated Issue of Contract: 28/11/2011
2. ABOUT GOAL:
GOAL is an international humanitarian agency dedicated to the alleviation of the suffering of the poorest of the poor. It was
founded by its current Chief Executive, John O'Shea in 1977
GOAL's Mission Statement: To work towards ensuring that the poorest of the poor and most vulnerable in our world and
those affected by humanitarian crises have access to the fundamental needs and rights of life, for example, food, water,
shelter, medical attention and literacy. It is non-denominational, non-governmental and non-political.
GOAL has responded to nearly every major natural and man-made disaster in the past 30 years and is currently operational in
9 countries in the developing world. It also implements rehabilitation and long-term development programmes and works
with local partner organizations that have similar objectives. While GOAL’s priority is to bring life-saving assistance to
people affected by emergencies, through the provision of food, healthcare and other basic requirements, it also priorities
programmes which care for street children and people affected by HIV/AIDS.
3. INSTRUCTION TO BIDDERS
By submitting a tender, the Bidder accepts in full the conditions of this tender, waiving his own conditions of sale.
Please read carefully all instructions and conditions of this tender in terms of identification of your company and certifying
your company as adequate and qualified to submit the tender offer for this Procurement Tender of Rental Services of Trucks
and Heavy Machinery. Please ensure that all relevant information and documentation is provided on time as failure to do so
may result in rejection of your bid.
IMPORTANT NOTICE: Only adequate, qualified and certified companies to supply/trade rental services of Trucks and/or
Heavy Machinery are invited to provide their quotes for this Tender. Only the companies that satisfy one or all tender
allowed conditions and selection criteria can lodge in their quotations for this Tender, and will be accepted and considered by
the Tender Committee and will be included into the Bid Analysis stage. Therefore it is important to submit the proof and the
relevant documentation for one or all of the tender allowed conditions alongside with your tender quotation.
INTENTION OF THIS RFO: GOAL Haiti is seeking to establish Framework Contract with fixed terms and conditions and
regulated price list for rental services of Trucks and Heavy Machinery for certain period of time of 6 months, with a potential
extension of 3 months, and up to a maximum value of business, rather than single and once of procurement case. GOAL Haiti
therefore intends to establish and identify the list of Individual Entrepreneurs or Commercial Companies that would be in
physical and financial capability and capacity to provide rental services of Trucks and Heavy Machinery, as result of this
Tender RFO. Once the Tender Offers are analyzed for all the selection criteria listed within this RFO and perspectives and
successful vendors are identified, GOAL Haiti holds the right to further discuss the details and negotiate with vendors
specifics of volume, value and number of rental services required, rental schedule, fixed terms of rental rate, payment
conditions, measures and parameters for the completion of rental deliverables, length of rental agreements and other terms
and conditions of Rental Framework Contracts.
Therefore, GOAL Haiti is encouraging Vendors to submit their best value and quality offers in light of potentially long terms
established contractual agreement with vendors for rental services of Trucks and Heavy Machinery, thus guaranteeing good
and stable business for lengthy period of time.
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 2 of 14
4. SUBMISSION OF TENDERS
Please send your offer under sealed envelope to GOAL Haiti, Port-au-Prince Office, if you are submitting your offers in
hard copy through GOAL Haiti office
GOAL Haiti, Port-au-Prince Office
24 Rue Ogé, Pétion-Ville, Haiti
Or, send your offer in soft copy to the tender confidential email address of GOAL Ireland at firstname.lastname@example.org. Vendors are
kindly requested to submit the soft copy of same tender quote, as well as the scanned copy of the original tender quote and
other tender documents in scanned version to the following email address: email@example.com or submit in hard original
copy after the tender deadline only.
Please mark on the envelope or put under subject of your email relatively as following:
REF NO: PAP-T-1240
NOT TO BE OPENED BEFORE: 16 November 2011 at 4pm (Haitian time) at GOAL office in Petion-Ville,
All bids must arrive before the mentioned Deadline for Reply
Tenders that arrive later than the Deadline for Reply will be automatically excluded. All responses will be opened by the
GOAL Tender Committee and all Bidders will be notified of the results.
It is your company’s choice whether you want to submit the tender quote with the package of all other required tender
documents to confidential email address or submit the offers in hard copy in the sealed envelope. It is though important that
GOAL Tender Committee has your offers in original format with required signatures and company’s stamps and seals after
the tender deadline, as these are the main proof of originality of offers for GOAL internal and external audits.
5-A. SELECTION CRITERIA:
When analyzing the Bids, GOAL will take into account the following criteria
A. Combination of Availability of reliable and continuous stocks of Trucks and/or Heavy Machinery, unbreakable
supply chain of same to GOAL, Time required for show up at a site within Port-au-Prince from the time of request
to the show up time
B. Price per Unit in combination of the other related costs of freight, insurance and delivery to the site required. The
cost analysis would be done per unit only.
C. Running conditions and technical suitability of Trucks and Heavy Machinery.
D. Compliance with and specific donor requirements – the minimum compliance standards of USAID/OFDA are
provided in this RFO. Additional details on donor compliance with USAID/OFDA can be checked on the donor’s
E. Availability of capable and adequate operator of rented Heavy Machinery.
F. Accurate and transparent and fully traceable documentation of ownership of Trucks and Heavy Machinery. The
documents should only be clean and legal, as well as well as ownership for machinery should be very transparent as
G. State paperwork allowing to rent the machinery and proof of the relevant taxes and duties being paid
H. Range of Import and Registration documentation of Trucks and Heavy Machinery with relevant authorities and
I. Written proof of similar type of rental services provided by your company previously to humanitarian or commercial
J. Payment Terms
K. Financial capabilities of your company to be able to accomplish the full volume and value of contract signed without
being paid until possibly 30 days after the full delivery, or as per the agreed delivery schedule
L. Experience of Vendor in the sector
M. Ethical Purchasing Consideration
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 3 of 14
N. Technical conditions, suitability of machinery in m3 and tonnage, year of manufacture and years of deployment of
each individual piece of machinery
O. Proof of mechanical services and technical troubleshooting done on each individual piece of machinery.
5-B TENDER ALLOWED CONDITIONS:
You are invited to and allowed to provide your quotes for this tender under the following conditions and if your
company meets one or all of the following conditions:
A. You or Your Company is direct owner of machinery and not an intermediate person/party
B. All ownership documentation for machinery and legal paperwork of ownership and tax compliance with state
Authorities and institutions are in good order and adequate
B. All pieces of machinery that you are offering for rental services are in good technical and mechanical conditions
and are adequate in terms of capacity in m3 and m2 and strength
Please note that GOAL is not bound to select any of the company/organisation submitting proposals. Furthermore, since a
contract will be awarded in respect of the offer that is considered most responsive to the needs of the project concerned,
GOAL does not bind itself in any way to select the company/organisation offering the lowest price.
6. INFORMATION REQUIRED
All Sections below must be completed and included in the Bid.
A. SUPPLIER INFORMATION
All Suppliers to GOAL need to be registered with GOAL. If you haven’t already registered with GOAL Ireland/ GOAL
Haiti, please complete and submit a GOAL Vendor Registration Form to firstname.lastname@example.org before a contract can be
awarded. Vendor Registration Forms can be requested from same person, at the same email address.
B. SPECIFICATION OF ITEMS
Please give a full specification of the rental services being offered. Provide the following documentation, alongside with your
1. Fill in the table in Annex 1 fully with information on M2 and M3, year of manufacture, number of years of
deployment, cost per units requested
2. Ownership Documentation for each piece of machinery that you are offering through this Tender RFO – to be
provided as additional documentation
3. Tax and Fees Certificates for each piece of machinery that you are offering through this Tender RFO – to be
provided as additional documentation
4. Mechanical Services Reports for each piece of machinery for the last 1 year – to be provided as additional
5. Copy of Insurance for each piece of machinery – to be provided as additional documentation
6. Detailed list of all the machinery, types, brands and models that you have in your own/company’s fleet, or that you
can access through/from your associates – the separate detailed list needs to be provided. The Template of same is
provided in Annex 2
1. Prices must be expressed in USD. Please, note that GOAL Standard Exchange Rates will be used to convert your
currency into a common one in line with other vendors for comparison purposes only. If your company is selected to
supply rental services of Trucks and Heavy Machinery that are tendered through this RFO, you will be contracted in the
initial currency of your quote.
2. Separate prices must be provided in the tender as follows:
o Cost per Unit, detailed in Annex 1
o Pre-Delivery Inspection Cost
o Mobilisation costs
o Cost of Driver/Operator, if separate from the renal fee of vehicles, machinery
o Cost of Fuel, Lubricants, Oils and Other Consumables, if separate from the renal fee of vehicles, machinery
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 4 of 14
o Insurance Cost (See the relevant INCOTERMS below)
o VAT and Other Fees payable on rented vehicles and machinery
o Allowances and Running Costs for Vehicles/Machinery and Driver/Operator
o Any other associated costs
o Validity of offers should be mentioned on the tender offer. But the minimum validity expected is 2 months
3. Any discount offered to GOAL must be clearly indicated as a percentage of the overall cost.
4. You need to clearly indicate all the VAT, other import and clearance of all official duties and levies that your company
pay for operating vehicles and machinery through rental services
1. Supplier should quote for the following INCOTERMS (2000):
Ex Port-au-Prince. The prices indicated by your company should include mobilization and other
required costs to get the vehicles and machinery operations at the final operations sites within the
city of Port-au-Prince
E. LEAD AND DELIVERY DETAILS
1. Goods are required ASAP but preferably no later than end November 2011
2. A delivery schedule/Rental Matrix of Machinery and times/dates required will be negotiated with the successful
supplier(s), with details of lead and implementation times.
3. On arrival vehicles and machinery should be in good technical conditions and operational capacities and ready for
deployment with no delays. The supplier shall be liable for all losses due to insufficient or unsuitable conditions, late
show up at the site, mechanical failures, that would result in delays of show of machinery at the final operational site,
downtime of deployment when at the site, or any other form of delays or rental agreement inconsistencies and shall be
liable for the cost of returning any commercial value or operational down time caused.
4. The supplies must be free from objectionable matter and any substances that would represent a hazard to health.
5. GOAL shall not pay for any wrong or inadequate or broken down machinery or vehicles not in working conditions, or
without adequate paperwork. The cost of de-mobilization shall be covered by the Vendor
6. GOAL Haiti considers to establish Framework Contract for supply of various machinery and trucks on rental basis for
the period of time of minimum 6 months, with extendable terms and conditions, and up to a maximum level of business,
therefore further and final delivery schedules will be discussed individually with perspective and successful vendors,
identified as a result of this tender
F. DONOR REQUIREMENT
See Donor Guidelines below in this Request for Offer
G. SIGNED COPY OF THIS DOCUMENT
Please print off and sign a copy of this document (see section 10 and 11) to indicate that you have read and understood the
contents. Every page of this document shall be signed by the authorised Representative of your company and the fully signed
and dully stamped copy of the Tender RFO should be submitted alongside of your Tender Quotation, and Full and detailed
specification sheet of the Trucks and Heavy Machinery that you are offering for rent through this tender
7. PAYMENT TERMS
1. Payment will be made to the vendor by cheque or bank transfer within 30 days from receipt by GOAL of all rental
services mentioned in the contract according to the agreed schedule.
2. There will be liquidated damages equivalent to a deduction of 0.1% per day or part thereof for late deliveries due to
default on the part of the vendors. This includes instances where the goods are rejected due to bad quality and should be
replaced, exceeding the agreed delivery time. No more that 5% of penalty fee of the total contact value accumulatively
shall apply. Upon the maximum allowable penalty value reaching 5%, the both parties will look for the alternative,
mutually suitable solution to remedy this situation
3. Due to GOAL Haiti is looking at establishing Framework Contract for supply of rental services of Trucks and Heavy
Machinery for over the period of time, the payment schedule will also be discussed with perspective and successful
vendors against the service schedule agreed
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 5 of 14
8. CONDITIONS OF TENDER
1. GOAL reserves the right to deal with any tender of its choice or any or all parts of the tender and to purchase items from
various tenders. GOAL is not bound to accept the lowest offer or any offer.
2. This request for tender is not a contract or an offer into a contract, but is a request for a quotation for the product
indicated in this document.
3. GOAL does not undertake to pay by letter of credit or in advance of delivery.
4. Respondents are bound by their offer for a minimum period of 60 days as from the closing date of bids.
5. GOAL is in no way responsible for any costs associated with preparing the tender response.
6. GOAL reserves the right to alter the dates of the timetable.
7. Canvassing of GOAL staff in Haiti or elsewhere in relation to this tender will result in disqualification of that individual
8. Opening of tenders is not open to the public. GOAL will inform each respondent to the tender of the decision on their
offer. GOAL is not obliged to justify or explain selection to any respondent.
9. Ethical Purchasing Considerations. GOAL supports the ethical procurement policy developed by Oxfam, which commits
GOAL to strive to purchase goods and services that are produced and developed under conditions that do not involve the
abuse or exploitation of any persons and have the least negative impact on the environment
This policy statement is supported by a Code of Conduct that details core labour standards, based on the conventions of
the International Labour Organization: Employment is freely chosen, freedom of association and the right to collective
bargaining are respected, working conditions are safe and hygienic, no child labour/protection of children is ensured,
living wages are paid, working hours are not excessive, no discrimination is practiced, regular employment is provided,
no harsh or inhumane treatment is allowed. If you submit an offer based on this request, it shall constitute a guarantee
that neither your company nor any affiliate or a subsidiary controlled by your company is in breach of this code
10. GOAL does not do business with companies that meet any of the following criteria:
They are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an
arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those
matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or
They have been convicted of an offence concerning their professional conduct by a judgement that has the force of
They have been guilty of grave professional misconduct proven by any means that the contracting authority can
They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in
accordance with the legal provisions of the country in which they are established or with those of the country of the
contracting authority or those of the country where the contract is to be performed;
They have been the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a
criminal organisation or any other illegal activity;
Following another procurement procedure or grant award procedure, they have been declared to be in serious breach
of contract for failure to comply with their contractual obligations.
If you submit an offer based on this request, it shall constitute a guarantee that neither your company nor any affiliate or
a subsidiary controlled by your company is in breach of any of the above provisions. A contract clause confirming this
will be included in an eventual contract based on this request.
In addition to the ineligibility criteria applied by GOAL, negotiation with potential vendors may be severed at any stage
during a procurement process if it is found that they are subject to a conflict of interest or are guilty of misrepresentation
in supplying the information required by GOAL as a condition of participation in the contract procedure, or fail to supply
all of the information requested.
11. Any queries about this tender should be addressed in writing to Eric Stander – GOAL Haiti Logistics Coordinator email
address email@example.com. All questions asked by potential tenders and all responses from GOAL are available on
request from GOAL.
12. Any queries placed by a single company in regards of specifications, delivery time, etc of the rental services of Trucks
and Heavy Machinery or other terms and conditions of this tender that might be considered by GOAL tender Committee
as relevant or could be interesting to other vendors, they will be let known to other participants of the tender
13. Any contract that results from this tender will be subject to GOAL’s standard Terms and Conditions attached as Annex:3
14. The subject and ultimate result of this Tender Process that GOAL Haiti is looking for and planning to end up
with is setting up Framework Contracts for ongoing supply of rental services of different types of Trucks and
Heavy Machinery up to a maximum value of business, therefore further discussion with perspective and
successful vendors, identified as a result of this tender, will be held with GOAL for identifying specific quantities,
types of rental vehicles and machinery, rental/delivery schedules, payment terms and schedules. Therefore it is
recommended to Vendors participating in this tender to provide best possible offers as it would open
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 6 of 14
opportunities for ongoing, consistent and guaranteed business for supply of vehicles and machinery for rental
9. DONOR GUIDELINES
Some Portion of quantities of the rental services that are subject of procurement in this current RFO are sponsored
USAID/OFDA. The following are special donor procurement provisions that need to be considered by your company and
will be taken into consideration and satisfied to the possible extend by GOAL when analysis of your and other companies’
offers will be undertaken. Alongside of the GOAL Standard Terms and Conditions provided in Annex 3 of the Present
Contract, the following are the Special Provisions related to Procurement Rules and Regulations of the relevant Donors,
which are USAID/OFDA in the Current Contract. The Vendor shall abide by both GOAL Standard Terms and Conditions
provided in Annex 3, as well as to the below Special Procurement Provisions of USAID/OFDA.
GOAL deems that it is fully and solely responsibility of a Vendor to obtain any further and detailed information on donor
regulations from the relevant website in order to acknowledge him/herself of same
USAID INFO for RFO
Special Donor Provision.
By providing an offer for these goods the vendor must accept the following condition: USAID, the comptroller General of the
United States or any of the duly authorised representatives shall have access to any books, documents, papers and records
of the supplier/ contractor which are directly pertinent to this purchase for the purpose of making audits , examinations,
excerpts and transcriptions
In addition, in choosing a vendor for the supply of these goods GOAL may never purchase goods that have been sourced
from or originated in the following Foreign Policy Restricted Countries or from vendors that have a nationality in these
countries: Cuba, Iraq, Iran, Laos, Libya, North Korea, and Syria.
1. First preference will be given to goods of US source and origin and to vendors of US Nationality.
2. Second preference will be given to goods of [Haitian source and origin and vendors of Haiti Nationality].
3. Third preference will be given to goods that have a source and origin in and vendors that have a nationality in countries
OTHER THAN the following: Albania, Andorra, Angola, Armenia, Austria, Australia, Azerbaijan, Bahamas, Bahrain,
Belgium, Bosnia and Herzegovina, Bulgaria, Belarus, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Gabon, Georgia, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Kuwait,
Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia,* Malta, Moldova, Monaco, Mongolia, Montenegro*,
Netherlands, New Zealand, Norway, People’s Republic of China, Poland, Portugal, Qatar, Romania, Russia, San Marino,
Saudi Arabia, Serbia*, Singapore, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan*,
Tajikistan, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom, Uzbekistan, and Vatican City.
4. Final preference will be given to goods of other sources and origins and vendors of other nationalities.
10. OTHER INFORMATION REQUIRED
Please also provide the following general information relating to your company:
1. Company/Individual Entrepreneur Information
Company Registration Number
Please attached a photocopy of the company Registration Certificate
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 7 of 14
(Include country Code)
(Include country Code)
2. Length of Time in Business ______________________ years
3. Other Organisations you have worked with (NGO’s UN agencies, Private Sector and Commercial Companies)
1 Name Located (City)
2 Name Located (City)
3 Name Located (City)
4 Name Located (City)
4. Names, addresses and contact details of 3 major customers who may act as referees.
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 8 of 14
11. BIDDER’S SIGNATURE.
Chief Representative of the Company
Main Point of Contact of your Company throughout this tender/negotiated procedure:
Mobile Phone Number: ______________________________________________
Email Address: ______________________________________________
I have read and understood this document
12. SUPPLIES REQUIRED
Annex 1 List of Heavy Goods Vehicles and Plant Machinery, their Technical Capacities and Specifications Required
for Rental Services and Price indications of same
No. Item Metric Cubic Cost per Cost per day Cost per Cost per
Ton Meter trip 6am – 4pm week Month
1 Fork Lift
4 Container 20ft
5 Container 40ft
6 Tipper Truck Big
7 Tipper Truck Small
8 Canter Truck
9 Flatbed Truck 20ft
10 Flatbed Truck 40ft
11 Box Truck 12ft
12 Box Truck 18ft
13 Box Truck 20ft
14 Water Tanker
VAT and Other Fees
Any other Cost (please precise:___________________________)
Payment terms: __________
Validity of Offer (minimum 2 months): _________
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All vehicles must meet the GOAL International minimum requirements.
All vehicles must be fully roadworthy.
No older than 5 years from the date of manufacture
Original Chassis and Engine numbers.
Fitted working seat belts for driver and all passengers
Minimum of one spare wheel
Working Car Jack
All interested Legitimate Companies must produce the following:
Original Vehicle Ownership Documents
Original Insurance Policies
Company Registration certificate
The Vendor must also provide the following services to each vehicle:
Repairs and regular Mechanical checks
All lubricating Items
Annex 2 Fleet Details of Company/Individual Entrepreneur
Please, detail here the list of the Heavy Goods Vehicles and Plant Machinery that you have registered under your
company or name or that you can legally have access to and therefore could provide proof of same, from your associates
No Type of Brand of Vehicle Model of Vehicle Number Year of Other Comments
Vehicle Available for Manufacture
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 10 of 14
Examples of Vehicles and Equipment:
Refuse Compactor Container truck 40ft Flatbed Big Tipper Truck
Fuel Tanker Water Tanker JCB Front Loader
Small Loader 360 Skid Loader Fork Lift Skip Wagon
Skips Small Tipper Dump Truck Box Truck
Bulldozer All wheel drive Small Road Roller Big Road Roller
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 11 of 14
Annex 3: Goal Terms And Conditions For Supply, Service And Works Contracts
I. LEGAL STATUS
The Vendor shall be considered as having the legal status of an independent contractor vis-à-vis GOAL. The Vendor, its personnel
and sub-contractors shall not be considered in any respect as being the employees of GOAL. The Vendor shall be fully responsible for
all work and services performed by its employees, and for all acts and omissions of such employees.
In the event the Vendor requires the services of a sub-contractor, the Vendor shall obtain the prior written approval of GOAL for all
sub-contractors. The Vendor shall be fully responsible for all work and services performed by its sub-contractors and vendors, and for
all acts and omissions of such sub-contractors and vendors. The approval of GOAL of a sub-contractor shall not relieve the Vendor of
any of its obligations under this Contract. The terms of any sub-contract shall be subject to and conform with the provisions of this
The Vendor shall neither seek nor accept instructions from any authority external to GOAL. Vendors may not communicate at any
time to any other person, government or authority external to GOAL any information known to them by reason of their association
with GOAL which has not been made public, except in the course of their duties or by authorisation of the GOAL: nor shall Vendors
at any time use such information to private advantage. These obligations do not lapse upon termination/expiration of their agreement
IV. ACCEPTANCE AND ACKNOWLEDGEMENT
Initiation of performance under this contract by the vendor shall constitute acceptance of the contract, including all terms and
conditions herein contained or otherwise incorporated by reference.
The Vendor warrants the goods furnished under this Contract to conform to the specifications and to be free from damage and defects
in workmanship or materials. This warranty is without prejudice to any further guarantees that the Vendor provides to purchasers.
Such guarantees shall apply to the goods subject to this Contract.
The duly accredited representatives of GOAL shall have the right to inspect the goods called for under this Contract at Vendor’s
stores, during manufacture, in the ports or places of shipment, and the Vendor by representatives of GOAL or any waiver thereof shall
not prejudice the implementation of the other relevant provisions of this Contract concerning obligations subscribed by the Vendor,
such as warranty or specifications.
VII. EXPORT LICENCE
The Contract is subject to the obtaining of any export license or other governmental authorisation that may be required. It shall be the
responsibility of the Vendor to obtain such licence or authorisation. GOAL may, at its discretion, use its best Endeavour’s to assist.
VIII. OFFICIALS NOT TO BENEFIT
The Vendor represents and warrants that no official of GOAL has been, or shall be, offered by the Vendor any direct or indirect benefit
arising from this Contract or the award thereof. The Vendor agrees that breach of this provision is breach of an essential term of this
IX. FORCE MAJEURE
Force Majeure shall mean Acts of God, laws or regulations, industrial disturbances, acts of the public enemy, civil disturbances,
explosions and any other similar cause of equivalent force not caused by, nor within the control of, either party and which neither party
is able to overcome. As soon as possible after the occurrence of the Force Majeure, and within not more than fifteen (15) days, the
Vendor shall give notice and full particulars in writing to GOAL of such Force Majeure. If the Vendor is thereby unable, wholly or in
part to perform his obligations and meet his responsibilities under this Contract, GOAL shall then have the right to cancel the Contract
by giving, in writing, seven (7) days notice of termination to the Vendor.
In case of default by the Vendor, including, but not limited to, failure or refusal to make deliveries within the limit specified, GOAL
may procure the goods or services from other sources, and hold the Vendor responsible for any excess cost occasioned thereby.
Furthermore, GOAL may, by written notice, terminate the right of the Vendor to proceed with deliveries or such part or parts thereof
as to which there has been default.
In the case of goods or services purchased based on specifications or scope of works, GOAL shall have the right to reject the goods or
services or any part thereof if they do not conform to specifications or the scope of works.
No change in or modification of this Contract shall be made except by prior agreement between the Responsible Buyer in GOAL in
Ireland and the Vendor.
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The Vendor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof or of any of the Vendor’s
rights, claims or obligations under this Contract except with the prior written consent of GOAL.
The Vendor agrees to indemnify, hold and save GOAL harmless and defend at its own expense GOAL, its officers, agents and
employees from and against all suits, claims, demands and liability of whatever nature or kind, including costs and expenses thereof
and liability arising there from, with respect to, arising from or attributable to acts or omissions of the Vendor or its employees or sub-
contractors in or relating to the performance of this Contract. This provision shall extend to, but shall not be limited to, claims and
liability in the nature of product liability claims.
GOAL will promptly notify the Vendor of any such suit, claim, proceeding, demand or liability within a reasonable period of time
after having received written notice thereof, and will reasonably co-operate with the Vendor, at the Vendor’s expense, in the
investigation, defence or settlement thereof, subject to the privileges and immunities of GOAL.
The Vendor shall not permit any lien, attachment or other encumbrance by any person or entity to remain on file in any public or
official office or on file with GOAL against any monies due or to become due for any work done or materials furnished under this
Contract, or by reason of any other claim or demand against the Vendor.
XV. DISPUTES - ARBITRATION
Any claim or controversy arising out of or relating to this or any contract resulting here from, or to the breach, termination or invalidity
thereof, shall be, unless settled amicably through negotiation, submitted to arbitration in accordance with Irish law.
XVI. USE OF NAME, EMBLEM OR OFFICIAL SEAL
Unless authorised in writing by GOAL, the Vendor shall not advertise or otherwise make public the fact that he is a Vendor to GOAL
or use the name, emblem or official seal of GOAL or any abbreviation of the name of GOAL for advertising purposes or for any other
XVII. LIQUIDATED DAMAGES
Late delivery, or dispatch outside the agreed shipping schedule, shall be subject, without notice, to an assessment of liquidated
damages equivalent to 1 percent of the Contract value per day or part thereof. The assessment will not exceed 10 percent of the
contract value. GOAL has the right to deduct this amount from the Vendor’s outstanding invoices, if any. This remedy is without
prejudice to any others that may be available to GOAL, including cancellation, for the Vendor’s non-performance, breach or violation
of any term or condition of the Contract.
Acceptance of goods delivered late shall not be deemed a waiver of GOAL’s rights to hold the Vendor liable for any loss and/or
damage resulted there from, nor shall it act as a modification of the vendor’s obligation to make future deliveries in accordance with
the delivery schedule.
XVIII. CORRUPTION MITIGATION
There are no costs payable to GOAL by the vendor in association with the execution of this contract. If the vendor is approached by a
GOAL member of staff for a payment, commission, ‘kickback’ or associated payment, they are obliged to report the request directly to
GOAL’s Country Director within thirty-six hours. Failure to report any request for payment by a GOAL member of staff or actual
payment by the vendor to a GOAL member of staff to the GOAL Country Director shall result in the immediate termination of any
contract and may result in disqualification of the vendor from participation in future contracts with GOAL.
XIX. ANTI-PERSONNEL MINES
The Vendor guarantees that it is not engaged in the sale or manufacture, either directly or indirectly, of anti-personnel mines or any
components produced primarily for the operation thereof. Any breach of this representation and warranty shall entitle GOAL to
terminate this Contract immediately upon notice to the Vendor, at no cost to GOAL.
XX. ETHICAL PROCUREMENT
The Vendor represents and warrants that neither it, nor any of its vendors is engaged in any practice inconsistent with the following
code of conduct for vendors: Employment is freely chosen, freedom of association and the right to collective bargaining are respected,
working conditions are safe and hygienic, no child labour/protection of children is ensured, living wages are paid, working hours are
not excessive, no discrimination is practiced, regular employment is provided, no harsh or inhumane treatment is allowed. Any breach
of this representation and warranty shall entitle GOAL to terminate this Contract immediately upon notice to the Vendor, at no cost to
XXI. VENDOR INELIGIBILITY
Candidates that fall into any of the following categories are ineligible to participate in GOAL procurement processes: (a) They are
bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have
suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a
similar procedure provided for in national legislation or regulations; (b) They have been convicted of an offence concerning their
professional conduct by a judgement that has the force of res judicata; (c) They have been guilty of grave professional misconduct
proven by any means that the contracting authority can justify; (d) They have not fulfilled obligations relating to the payment of social
security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or
with those of the country of the contracting authority or those of the country where the contract is to be performed; (e) They have been
the subject of a judgement that has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other
illegal activity; (f) Following another procurement procedure or grant award procedure, they have been declared to be in serious
breach of contract for failure to comply with their contractual obligations;
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 13 of 14
XXII. VENDOR EXCLUSION
Negotiation with vendors or potential vendors may be severed at any stage during a procurement process if it is found that they meet
either of the following exclusion criteria: (a) Are subject to a conflict of interest; (b) Are guilty of misrepresentation in supplying the
information required by GOAL as a condition of participation in the contract procedure, or fail to supply all of the information
XXIII. PRIOR NEGOTIATIONS SUPERSEDED BY CONTRACT
This Contract supersedes all communications, representations, arrangements, negotiations, requests for proposals and proposals related
to the subject matter of this Contract.
XXIV. INTELLECTUAL PROPERTY INFRINGEMENT
The Vendor warrants that the use or supply by GOAL of the goods sold under this Contract does not infringe on any patent, design,
trade-name or trade-mark. In addition, the Vendor shall, pursuant to this warranty, indemnify, defend and hold GOAL harmless from
any actions or claims brought against GOAL pertaining to the alleged infringement of a patent, design, trade-name or trade-mark
arising in connection with the goods sold under this Contract.
XXV. TITLE RIGHTS
GOAL shall be entitled to all property rights including but not limited to patents, copyrights and trademarks, with regard to material
which bears a direct relation to, or is made in consequence of, the services provided to the organisation by the Vendor. At the request
of GOAL, the Vendor shall take all necessary steps, execute all necessary documents and generally assist in securing such property
rights transferring them to the organisation in compliance with the requirements of the applicable law.
Title to any equipment and supplies which may be furnished by GOAL and any such equipment shall be returned to GOAL at the
conclusion of this Contract or when no longer needed by the Vendor. Such equipment, when returned to GOAL, shall be in the same
condition as when delivered to the Vendor, subject to normal wear and tear.
The Vendor shall pack the goods with new, sound materials and with every care, in accordance with the normal commercial standards
of export packing for the type of goods specified herein. Such packing materials used must be adequate to safeguard the goods while
in transit. The Vendor shall be responsible for any damage or loss that can be shown to have resulted from faulty or inadequate
The vendor shall provide and thereafter maintain for the duration of this contract and any extension thereof all appropriate workmen’s
compensation insurance or its equivalent with respect to its employees to cover claims for personal injury and death in connection with
this contract. The vendor shall, upon request, furnish proof to the satisfaction of the GOAL, of such liability insurance. The vendor
shall further provide such health and medical insurance for its agents and employees, as the vendor may consider advisable.
XXVIII. TERMINATION OF CONTRACT
Either party may cancel this Contract before the expiry date of the Contract by giving notice in writing to the other party. The period
of notice shall be five days in the case of contracts for a total period of less than two months or fourteen days in the case of contracts
for a longer period.
In the event of the Contract being terminated prior to its due expiry date in this way, the Contractor shall be compensated on a pro rata
basis for no more than the actual amount of work performed to the satisfaction of GOAL. Additional costs incurred by GOAL
resulting from the termination of the Contract by the Contractor may be withheld from any amount otherwise due to the Contractor
XXIX. ASSIGNMENT OF PERSONNEL
The Contractor shall not assign any persons other than those accepted by GOAL for work performed under this Contract.
XXX. OVERRIDING CLAUSE
In the event of any conflict or inconsistencies between these Terms and Conditions or any other document which forms part of the
Contract, these Terms and Conditions shall prevail except where they have been amended (by specific reference to the relevant clause
and paragraph of these Terms and Conditions) as provided for herein.
XXXI. WITHHOLDING TAX
GOAL reserves the right to deduct withholding tax from the vendor's invoice if so required by law. This will apply unless the vendor
has supplied in advance the required documentation proving its exemption from withholding tax (e.g. withholding tax exemption
GOAL Haiti Logistics Department
On Behalf of GOAL Haiti Program
GOAL Haiti, Port-au-Prince Office
24 Rue Ogé, Pétion-Ville, Port au Prince, Haiti
PAP-T-1240 – Supply of Trucks and Heavy Machinery Rental Services pg 14 of 14