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NRC Invitation to bid - General Terms & Conditions

1 SCOPE OF BID

1.1 The bid is based on the scope of the assignment as determined in the Bid Data Sheet (Section 2). The instruction to bidders should be read in conjunction with the Bid Data Sheet.
1.2 The successful Bidder will be expected to complete the assignment by the Intended Completion Date specified in the contract to be signed

2 CORRUPT PRACTICES

2.1 Norwegian Refugee Council requires Employees, Bidders and Contractors, to observe standards of ethics during procurement and the execution of contracts. In pursuit of this, Norwegian refugee Council defines, for the purposes of this provision, the terms set forth below as follows:

  1. "Corrupt practice" includes the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and
  2. "Fraudulent practice" includes a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Norwegian Refugee Council, and includes collusive practices among Bidders prior to or after bid submission designed to establish bid prices at artificial, non-competitive levels and to deprive the Norwegian Refugee Council of the benefits of free and open competition;
  3. In any case where fraud or corruption is identified, NRC will:
    • reject any bids where the Bidder has engaged in corrupt or fraudulent practices in competing for the Contract;
    • remove bidding contractors who engage in fraudulent or corrupt practices, from our prequalified list
    • liaise with District Officials to report if fraudulent or corrupt practices are identified
    • terminate works

2.2 Any communications between a Bidder and the Norwegian Refugee Council related to matters of alleged fraud or corruption must be made in writing and addressed to the Country Director in NRC Nairobi

3 ELIGIBLE BIDDERS

3.1 A Bidder shall meet the following criteria to be eligible to participate in NRC procurement of Services:

  1. a) the bidder, at the time of bid, is not:
    • insolvent;
    • in receivership;
    • bankrupt; or
    • being wound up
  2. the bidder's business activities have not been suspended;
  3. the bidder is not the subject of legal proceedings for any of the circumstances in (b); and
  4. The bidder has fulfilled his or her obligations to pay taxes and social security contributions. In a case where VAT is included in a bid, a copy of the VAT certificate must accompany the bid. A Bidder, and all parties constituting the Bidder including sub-contractors, shall not have a conflict of interest. All Bidders found to have a conflict of interest shall be disqualified. A Bidder may be considered to have a conflict of interest with one or more parties in this bidding process, if they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the bid of another Bidder, or influence the decisions of the Norwegian Refugee Council regarding this bidding process

3.2 A Bidder whose circumstances in relation to eligibility change during a procurement process or during the execution of a contract shall immediately inform the Norwegian Refugee Council.

3.3 NRC reserves the right to refuse a bid at any time if the bidder or one of its sub-contractors provided material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates, or participates or is found guilty of fraud, active corruption, collusion, coercive practice, bribery, involvement in a criminal organization or illegal activity, or immoral human resources practices, including but not limited to: child labour, non-discrimination, freedom of association, payment of the legal national minimum wage, and forced labour.

4 JOINT VENTURES, CONSORTIA AND ASSOCIATIONS

Bids submitted by a joint venture, consortium or association of two or more firms as partners will only be accepted in exceptional circumstances.

5 ONE BID PER BIDDER PER WORK

Each Bidder shall submit only one Bid per contract. A Bidder who submits or participates in more than one bid per contract will cause all the bids with the Bidder's participation to be rejected.

6 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of his Bid, and the Norwegian Refugee Council shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

7 INSPECTION

NRC is obliged to ensure that its procurement decisions are clearly justified and documented and keeping within the Donors mandatory principles. In that regard, full and on-the-spot access must be granted to representatives of NRC, the Donor or any organisation or person mandated by it, to premises belonging to NRC or its contractors. The right to access shall include all documents and information necessary to assess, or audit the implementation of the contract

8. OBTAINING AND COMPLETING BIDDING DOCUMENTS

8.1 Bidders who did not obtain the Bidding Document directly from the Norwegian Refugee Council will be rejected during evaluation. Where a Bidding Document is obtained from the Norwegian Refugee Council on a Bidder's behalf, the Bidder's name must be registered with the Norwegian Refugee Council at the time of issue.

8.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Document. Failure to furnish all information or documentation required by the Bidding Document may result in the rejection of the bid.

9 CLARIFICATION OF BIDDING DOCUMENT

A prospective Bidder requiring any clarification of the Bidding Document shall contact the Norwegian Refugee Council in writing. The Norwegian Refugee Council will respond in writing to any request for clarification before the deadline for clarification of bids. The Norwegian Refugee Council shall forward copies of its response to all Bidders who have acquired the Bidding Document, including a description of the inquiry but without identifying its source.

10 AMENDMENT OF BIDDING DOCUMENT

10.1 At any time prior and until 48 hours prior to the deadline for submission of bids, the Norwegian Refugee Council may amend or cancel the Bidding Document by informing the bidders in writing.

10.2 To give prospective Bidders reasonable time in which to take an amendment or cancellation into account in preparing their bids, the Norwegian Refugee Council can, at his discretion, extend the deadline for the submission of bids.

11 LANGUAGE OF BID

11.1 The bid, as well as all correspondence and documents relating to the bid shall be written in English.

11.2 Supporting documents and printed literature that are part of the bid may be in another language provided they are accompanied by an accurate translation of the relevant passages in English, in which case, for purposes of interpretation of the Bid, such translation shall govern.

12 DOCUMENTS COMPRISING THE BID

12.1 The bid submitted by the Bidder shall comprise the following:

  • - Signed and stamped Contractor's Biding form in Section 5
  • - Any other information and documents requested in Section 4
  • - Service provision Schedule (as in Section 6)
  • - Company Profile and Previous experience (as in Section 7)
  • - Service Description and Pricing Proposal (as in Section 8)
  • - Signed and stamped Supplier Ethical Standards Declaration in Section 9

12.2 All forms must be completed without any alterations to the format, and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.

13 BID PRICE FOR SERVICE CONTRACT

13.1 Bid prices are for complete contracts. Contracts cannot be subdivided into pieces. Where a bid is submitted, all relevant services must be offered.

13.2 Items for which no rate or price is entered by the Bidder will be as not quoted.

13.3 Unless otherwise specified in Section 2 - the Bid Data Sheet, all duties, taxes and other levies payable by the contractor under the contract, shall be included in the total bid price submitted by the bidder

13.4 For bidder subject to VTA, VTA should be mentioned in the offers

13.5 The prices submitted by any Bidder shall be checked for arithmetical errors and for what might be considered unreasonable rates during the evaluation. Where errors are identified one or more of the following steps may be taken:

  1. If any rates are considered to be unrealistic or unreasonable they may be altered by mutual agreement, provided that no alteration shall be made in the amount of the Bid.
  2. If any arithmetical errors are detected in an otherwise acceptable bid, and the Bidder, on being so notified, is prepared to confirm his bid and if the Bidder is subsequently awarded the contract, then the Bid shall be altered to reflect the difference.
  3. The Bidder is reminded that it is entirely his responsibility to ensure the accuracy of his bid. No alteration will be made to the bid after its submission on the grounds of any arithmetical errors subsequently discovered except as provided above.

14 CURRENCIES OF BID AND PAYMENT

All prices shall be quoted by the Bidder in KES, unless otherwise stated. Similarly, all payments will be made in KES

15 BID VALIDITY

15.1 Bids shall remain valid for a period of 30 calendar days after the date of the bid submission deadline as prescribed by Norwegian Refugee Council. A bid valid for a shorter period shall be rejected as non-compliant.

15.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Norwegian Refugee Council may request Bidders in writing to extend the period of validity of their bids. A Bidder must confirm in writing his acceptance of the extension. In case of extension, modification of the bid is not permitted.

16 ALTERNATIVE BIDS

Bidders shall submit offers that comply with the requirements of the bidding documents, including the basic technical design as indicated in the drawings and specifications. Alternative bids shall not be considered unless otherwise indicated in Section 2 – the Bid Data Sheet.

17 FORMAT AND SIGNING OF BID

The Bidder shall prepare one set of bid documents per contract that he wishes to bid for. The bidder should hold a copy of the documents with himself, for reference purposes.

18 SEALING AND MARKING OF THE BID

18.1 The Bidder shall enclose the bid for each contract in a plain envelope securely sealed

18.2 The envelopes shall:

  1. be addressed to the Logistics Office, Norwegian Refugee Council, in the location specified in Section 2 – the Bid Data Sheet
  2. bear the Contract number
  3. no other markings should be on the envelope

18.3 If all envelopes are not sealed and marked as required, the Norwegian Refugee Council will reject the bid

19 DEADLINE FOR SUBMISSION OF BIDS

Bids must be received by the Norwegian Refugee Council at the address given and no later than the date and time indicated in Section 2 - the Bid Data Sheet.

20 LATE BIDS

The Norwegian Refugee Council shall not consider any bid that arrives after the deadline for submission as stipulated in Section 2 – the Bid Data Sheet. Any bid received by the Norwegian Refugee Council after the deadline for submission of bids shall be declared late and rejected.

21 WITHDRAWAL AND REPLACEMENT OF BIDS

21.1 A Bidder may withdraw or replace its bid after it has been submitted at any time before the deadline for submission of bids by sending a written notice, signed by an authorized representative. Any corresponding replacement of the bid must accompany the respective written notice. All notices must be:

  1. submitted as with Clauses 20 and 21, and in addition, the envelopes shall be clearly marked "WITHDRAWAL" or "REPLACEMENT" and
  2. received by the Norwegian Refugee Council prior to the deadline for submission of bids, in accordance with Section 2 – the Bid Data Sheet

21.2 After the opening of bids, modifications to bids must be documented and any discussions reported in writing. A bid may be withdrawn at any stage, with written notice.

22 CONFIDENTIALITY

22.1 Information relating to the examination, evaluation, comparison, and post-qualification of bids, and recommendation of contract award, shall not be disclosed to bidders or any other persons not officially concerned with such process until information detailing the best evaluated Bidder is communicated to all Bidders.

22.2 Any effort by a Bidder to influence the Norwegian Refugee Council in the examination, evaluation, comparison, and post-qualification of the bids or contract award decisions may result in the rejection of its bid.

22.3 From the time of bid opening to the time of Contract award, if any Bidder wishes to contact the Norwegian Refugee Council on any matter related to the bidding process, it should do so in writing.

23 CLARIFICATION OF BIDS

Norwegian Refugee Council may, at its discretion, ask any Bidder for a clarification of its Bid. The Norwegian Refugee Council's request for clarification and the response shall be in writing. Any clarification submitted by a Bidder that is not in response to a request by the Norwegian Refugee Council shall not be considered. All requests for clarifications shall be copied to all bidders for information purposes. No change in the price or substance of the bid shall be permitted, except to confirm the correction of errors.

24 BIDS VALIDATION

24.1 The Norwegian Refugee Council's determination of a Bid's validity is to be based on the contents of the bid itself, which cannot be corrected if determined to be invalid

24.2 A valid bid is one that complies with all the terms, conditions, and specifications of the Bidding Document, without deviation or omission, which affects, or could affect;

  1. a) the scope, quality, or performance of the services specified in the Contract; or
  2. b) limits in any substantial way, the Norwegian Refugee Council's rights or the Bidder's obligations under the Contract

25 EVALUATION OF BID

25.1 The Norwegian Refugee Council shall examine the legal documentation and other information submitted by Bidders to verify eligibility, and then will review and score bids according to the following criteria;

  1. a) Completion and inclusion of requested information and supporting documents (Administrative compliance)
  2. b) Price in comparison to NRC estimated rate (Financial evaluation)
  3. c) Overall timeframe for the service (Technical evaluation)
  4. d) Schedules (Key Personnel and Activity schedule) (Technical evaluation)
  5. e) Previous experiences in similar works (Technical evaluation)
  6. f) Demonstrated excellence in service, support and warranties (Technical evaluation)
  7. g) Adherence to Ethic, environmental, anti-corruption NRC policies (Technical evaluation)
  8. h) Earlier experiences and documentation proven in the tender documents, related to the service required under this contract (Technical evaluation)

25.2 In case of two contractors being scored the same in the evaluation, the one with the highest technical ranking will be awarded the contract

25.3 Anti-money laundering, anti-bribery, anti-corruption and anti-terrorism legislation applicable in some jurisdictions may require NRC to verify the identity of the bidder prior to financial transactions. NRC reserves the right to use online screening tools to check the bidder's record with regards to their possible involvement in illegal or unethical practices.

25.4 The Norwegian Refugee Council reserves the right to reject all bids, and re-tender if no satisfactory bids are submitted

26 AWARD PROCEDURE

26.1 The Norwegian Refugee Council shall award the Contract in writing, with an award letter, to the Bidder whose offer has been determined to be the best, before the end of the bid validity period

26.2 Any bidder who has not been awarded a contract, will be notified in writing

26.3 Until a formal contract is prepared and executed, the Award Letter shall constitute a binding agreement between the bidder and NRC.

26.4 The Award Letter will state the sum that the Norwegian Refugee Council will pay the Contractor in consideration of the Works as prescribed in the Contract, and in accordance with the Bid.

26.5 The Bidder is thereafter required to submit a Letter of Acceptance, confirming their wish to proceed with a contract.

27 SIGNING OF CONTRACT

27.1 Upon receipt of the Letter of Acceptance, the Norwegian Refugee Council shall call the successful Bidder to sign the Contract.

27.2 Within an agreed timeframe, the successful Bidder shall sign, date, and return the Contract to the Norwegian Refugee Council.

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