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GOAL IRELAND – HATI PROGRAMME INVITATION TO TENDER/REQUEST FOR OFFER REF NO: PAP-S-647 SUPPLY OF CEMENT CONTENTS OF INVITATION TO TENDER 1. Timetable 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 and Quotation Sheet Annex 1 – GOAL Standard Terms and Conditions PAP-S/W-FWA270411, Supply of Cement pg 1 of 11 Name of Company: _____________________________________________________________________ Base of Company: _____________________________________________________________________ 1. TIMETABLE: Issue of Tender: 27/04/2011 Deadline for Reply: 06/05/2011 1pm at GOAL office Deadline for Estimation of Bids: 10/05/2011 Estimated Issue of Contract: 13/05/2011 2. ABOUT GOAL: GOAL Ireland 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 Construction material for latrines. 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 Construction Material 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 Contact with fixed terms and conditions and regulated price list for the Goods below mentioned for fixed period of time of 12 months and up to a maximum value of business of USD$400,000, 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 supply these materials, 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 quantity, value and technical specifications of goods required, delivery schedule, fixed prices, payment conditions, measures and parameters and other terms and conditions for the completion of purchase Contracts. Any further discussion or negotiation will be carried out identical manner with all shortlisted vendors in order to show transparency with our selection process. 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 these Goods thus guaranteeing good and stable business for lengthy period of time. PAP-S/W-FWA270411, Supply of Cement pg 2 of 11 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 Route De Frères, 21A Petron-Ville (Promobois Compound), Port au Prince, Haiti Or, send your offer in soft copy to the tender confidential email address of GOAL Ireland at email@example.com. 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: firstname.lastname@example.org 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-S/W-FWA270411 NOT TO BE OPENED BEFORE: 06/05/2011 1pm (Haitian time) at GOAL office in Port au Prince, Haiti 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 Construction Material, 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. 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 relevant websites. D. Accurate and transparent and fully traceable documentation of ownership of the Company. The documents should only be clean and legal. E. Range of Import and Registration documentation of Goods with relevant authorities and institutions. F. Written proof of similar type of supplies provided by you previously to humanitarian or commercial sectors G. Payment Terms H. 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 I. Experience of Vendor in the sector J. Ethical Purchasing Considerations. K. Technical specifications. L. Presence of pictures and samples of proposed products in the offer 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 not an intermediate person/party B. All ownership documentation and tax compliance with state Authorities and institutions and legal paperwork of ownership are in good order and adequate PAP-S/W-FWA270411, Supply of Cement pg 3 of 11 C. All goods that you are offering for supply are in good technical conditions and are adequate for construction purposes 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 email@example.com 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 Goods being offered. Provide the following documentation, alongside with your Tender Offer: 1. Fill in the table in Section 12 fully with information on technical specifications, country of origin and pictures for all the proudcts you are offering through this tender RFO, cost per units requested 2. Ownership Documentation of you company – to be provided as additional documentation 3. Tax and Fees Certificates – to be provided as additional documentation 4. Copy of Insurance – to be provided as additional documentation C. PRICING: 1. Prices must be expressed in USD. Please, note that GOAL Standard April 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 Construction Material that is 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 Section 12 o Importation, Pre-Delivery Inspection Cost o Delivery costs o Insurance Cost (See the relevant INCOTERMS below) o VAT and Other Fees payable on the products 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. D. INCOTERMS: 1. Supplier should quote for the following INCOTERMS (2000): DDP Port-au-Prince. The prices indicated by your company should include mobilization and other required costs to get the Construction Material 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 Mid May 2011 2. A delivery schedule and times/dates required will be negotiated with the successful supplier(s), with details of lead and implementation times. 3. On arrival the Construction material should be in good technical conditions and operational capacities and ready for use with no delays. The supplier shall be liable for all losses due to insufficient or unsuitable conditions, quality failures, that would result in any forms of delays or purchase contract 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 material, not in working conditions, or without adequate paperwork. The cost of de-mobilization shall be covered by the Vendor 6. GOAL Haiti considers establishing Framework Contract for supply of these materials for the period of time of minimum 6 months. Therefore further and final delivery schedules will be discussed individually according to the availability of the various articles with perspective and successful vendors, identified as a result of this tender. PAP-S/W-FWA270411, Supply of Cement pg 4 of 11 F. DONOR REQUIEMENT 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 Goods that you are offering for supply 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 delivered goods 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 looking at establishing Framework Contract for supply of these Goods Machinery for over the period of time, the payment schedule will also be discussed with perspective and successful vendors against the service schedule agreed 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 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 and to modify any part of this form (requested quantities, specifications of goods, addition or deletion of Goods, terms and conditions, etc). 7. Canvassing of GOAL staff in Haiti or elsewhere in relation to this tender will result in disqualification of that individual or company. 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 regulations; They have been convicted of an offence concerning their professional conduct by a judgement that has the force of res judicata; They have been guilty of grave professional misconduct proven by any means that the contracting authority can justify; They have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the 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; PAP-S/W-FWA270411, Supply of Cement pg 5 of 11 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 firstname.lastname@example.org. 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 Goods 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:1 14. The subject and ultimate result of this Tender Process is that GOAL Haiti is looking for and planning to end up with is setting up a 12 month length Framework Contract for ongoing supply of cement, up to the maximum value of US$400,000, therefore further discussion with perspective and successful vendors, identified as a result of this tender, will be held with GOAL for identifying specific quantities, delivery schedules, payment terms and other details. Any further discussion or negotiation will be carried out identical manner with all shortlisted vendors in order to show transparency with our selection process. Therefore it is recommended that Vendors participating in this tender provide best possible offers as it would open opportunities for ongoing, consistent and guaranteed business for supply of these Goods. 9. DONOR GUIDELINES Some Portion of quantities of the Goods that are subject of procurement in this current RFO may be 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 1 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 1, 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. The items marked with an asterisk (*) above (section 12) will be funded by USAID. 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, PAP-S/W-FWA270411, Supply of Cement pg 6 of 11 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 Please Complete Company Name Company Registration Number Please attached a photocopy of the company Registration Certificate Office Address Contact Person Telephone Number (Include country Code) Fax Number: (Include country Code) Email Address: 2. Length of Time in Business ______________________ years 3. Other Organisations you have worked with (NGO’s UN agencies, Private Sector and Commercial Companies) Please Complete 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. Please Complete Customer 1 Address Telephone Contact Name Number PAP-S/W-FWA270411, Supply of Cement pg 7 of 11 Customer 2 Address Telephone Contact Name Number Customer 3 Address Telephone Contact Name Number 11. BIDDER’S SIGNATURE. Chief Representative of the Company Name: _______________________________________ Supplier Stamp Position: _______________________________________ Signature: _______________________________________ Date: _______________________________________ Main Point of Contact of your Company throughout this tender/negotiated procedure: Name: ______________________________________________ Position: ______________________________________________ Landline Phone Number: ______________________________________________ Mobile Phone Number: ______________________________________________ Emergency Contact Number: ______________________________________________ Email Address: ______________________________________________ I have read and understood this document 12. SUPPLIES REQUIRED No Quantity Unit Description Specifications Unit Cost Total Cost (USD) (USD) 1 25,000 bags Ciment (Cement) 42.5kg bags, Ordinary Portland Cement. INITIAL ORDER FOR DELIVERY MID- MAY PAP-S/W-FWA270411, Supply of Cement pg 8 of 11 ANNEX 1 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. II. SUB-CONTRACTING 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 Contract. III. OBLIGATIONS 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 with GOAL. 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. V. WARRANTY 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. VI. INSPECTION 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 Contract. 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. X. DEFAULT 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. XI. REJECTION 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. PAP-S/W-FWA270411, Supply of Cement pg 9 of 11 XII. AMENDMENTS 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. XII. ASSIGNMENTS 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. XIV. INDEMNIFICATION 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 purposes. 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. 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 GOAL. 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-S/W-FWA270411, Supply of Cement pg 10 of 11 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 requested. 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. XXVI. PACKING 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 packing. XXVII. INSURANCE 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 from GOAL. 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 certificate). GOAL Haiti Logistics Department On Behalf of GOAL Haiti Program GOAL Haiti, Port-au-Prince Office Route De Frères, 21A Petron-Ville, Port au Prince, Haiti PAP-S/W-FWA270411, Supply of Cement pg 11 of 11
"TENDER NO - DOC"