P.O. Box 5746-12336
Foreign companies are excluded from submission of the above indicated certificates and cards and it is sufficient to provide qualification legal documents issued in countries to which these companies are affiliated.
Section II: Instructions to bidders
|
1. Funding Source
|
1 - 1
|
The required procurement in the schedule of requirements shall be funded from the funding source described in the Tender Document.
|
2. Eligible Tenderers
|
1 – 2
|
This announcement/ invitation is open for all suppliers or manufacturers of goods
|
|
2 - 2
|
No tenderer may deal, directly or indirectly, with the consultants commissioned by the Entity for consultation services related to the preparation of drawings, technical specifications, and other documents to be used in the procurement of required goods and materials under this tender announcement / invitation.
|
|
3 – 2
|
The tenderer should not be one who violated ethical principles and codes of conduct or whose name is listed in the blacklist, in accordance with paragraph (36 – 1) of these instructions.
|
3. Goods and Ancillary Services
|
3 – 1
|
All relevant goods and ancillary services to be supplied under the contract shall be originating from eligible countries.
|
|
3 – 2
|
`For the purposes of this Article. The word " origin " means hereby the place where goods are extracted, mined, cultivated, or produced; or the place where relevant ancillary services mare provided. The goods shall be deemed manufactured when manufacturing processes, treatment, and major essential assemblies lead to the production of a commercially recognized product which enjoys basic characteristics that are substantially different in terms of use or purpose from its components.
|
|
3 - 3
|
Origin of goods and services is not necessarily the same as the nationality of the tenderer.
|
4 - Tender Preparation Costs
|
4 - 1
|
The tenderer shall bear all costs for the preparation and submission of tender. The Entity specified in the Tender Document shall not, in any way, be responsible for these costs, regardless of the outcome of the tender.
|
B - Tender Document
|
5 - Contents of Tender Document
|
5 - 1
|
The Tender Document specifies the required goods, materials, ancillary services, tendering procedures and contract terms. In addition to the tender announcement or invitation, the documents include the following:
|
|
|
A. Instructions to Tenderers
|
|
|
B. Tender Document
|
|
|
C. General Conditions of Contract
|
|
|
D. Special Conditions of Contract
|
|
|
E. Schedule of Requirements (supplies):
-
List of supplies and delivery dates and place(s).
-
List of ancillary services.
-
Technical specifications.
-
Price schedule.
-
Drawings (depending on the applicability of the case).
|
|
|
F. Tender Submission Form
|
|
|
G. Tender Security Form
|
|
|
H. Performance Security Form
|
|
|
I. Letter of Acceptance Form
|
|
|
J. Advance Payment Guarantee Form
|
|
|
K. Contract Agreement Form
|
|
|
L. Manufacturer's Authorization Form
|
|
|
M. Quality Assurance Form
|
|
5 – 2
|
The tenderer is to examine carefully all instructions, conditions, and specifications, as well as the schedule of requirements and forms contained in the Tender Document. Any failure to provide all the required documents and information, or to submit a tender nonresponsive in essence to the Tender Document in all respects shall be the liability of the tenderer and may cause exclusion of tender.
|
|
5 - 3
|
The absence of any comments on the technical specifications, drawings, and other documents in the Tender Document shall be deemed acknowledgement by the tenderer of validity and integrity. The tenderer shall not be entitled to claim any adjustments to the goods, materials or ancillary services or claim any price differences.
|
|
5 - 4
|
when the nature of the tender is related to supply, installation and operation, the tenderer must inspect the implementation site in person and be sure of its nature and all the data, information and services directly associated with the implementation of the project, such as tests, nature of the climate, etc. The tenderer shall bear alone the inspection costs of the implementation site.
|
6 – Clarification of Tender Document
|
6 – 1
|
Each tenderer is entitled to request for any clarifications or queries regarding the Tender Document, provided that the tenderer notify the Entity in writing at its address indicated in the Tender Document. The Entity shall respond in writing to any request for clarification of the Tender Document, which received during the period legally permitted prior to the last date for the submission of tenders. Copies of the clarifications shall be sent to all the prospective tenderers who have applied for the Tender Document, without identifying the source of inquiry
|
7 – Amendment of Tender Document
|
7 - 1
|
At any time prior to the last date for the submission of tenders, the Entity may, for any reason, whether at its discretion or in response to a clarification requested by a prospective tenderer, modify the Tender Document by [6] an amendment.
|
|
7 - 2
|
The amendment shall be notified in writing to all prospective Tenderers who have applied for and purchased the Tender Document and will be binding on them as an integral part of the Tender Document.
|
|
7 - 3
|
The Entity shall be entitled to extend the tender period as it deems appropriate, to provide a reasonable time limit for tenderers to take the amendment into account in preparing their tenders.
|
C - Preparation of Tenders
|
8 – Language of Tenders
|
8 - 1
|
The tender prepared by the tenderer and all correspondence and documents relating to the tender exchanged by the tenderer and the Entity, shall be written in Arabic language, unless otherwise specified in the Tender Document. The tenderer may submit documents and printed materials in another language.
|
9 – Documents Comprising the Tender
|
9 - 1
|
The tender prepared by the tenderers shall comprise the following components:
A. A tender form and a price schedule completed in accordance with Articles (10) and (12) of these instructions;
|
|
|
B. Documentary evidence established in accordance with Article (13) of these instructions that the tenderer is eligible to tender and is qualified to perform the contract if his tender is accepted.
|
|
|
C. Documentary evidence established in accordance with Article (14) of these instructions that the goods and ancillary services to be supplied by the tenderer are eligible goods and services and conform to the technical specifications contained in the Tender Document.
|
|
|
D. Tender security furnished in accordance with Article (15) of these instructions, as per the form indicated in the Tender Document.
|
|
|
E. Certificates, licenses, and cards required for submission with the Tender Document are the following:
E/ 1: Copy of valid sales tax certificate and tax card.
E/ 2: Copy of valid insurance card and Zakat Card.
E/ 3: Copy of valid registration and classification certificates
E/ 4: Copy of practicing license.
E/ 5: Any other documents required by the Entity in the Tender Document.
Foreign companies are excluded from providing certificates, licenses and cards referred to in paragraphs (E/ 1, E/ 2, E/ 3, and E/ 4) and shall be required only to provide legal documents establishing eligibility of the foreign tenderer issued by country of [7] origin of these companies. In the event the tender is accepted, the tenderer shall be subject to compliance with relevant applicable laws and regulations.
|
10 –Tender Form and Price Schedules
|
10 - 1
|
The tenderer shall complete the Tender Form and the Price Schedule, as well as other requirements, furnished in the Tender Document, indicating the goods to be supplied, a brief description of the goods, their country of origin, quantity, and prices.
|
|
10 – 2
|
Tenderers may not submit a tender for a variant solution in addition to their tender. Submission or participation by a tenderer in more than one tender for a contract will result in the disqualification of all those tenders for that contract in which the party is involved and the forfeiture of securities or termination of contract and the forfeiture of the performance security if that is proved after signing the contract. The exception to this would be that the tenderer is subcontracting with another tender.
|
|
10 - 3
|
If the Tender in the Tender Document allows for alternative tenders, in whole or in part, the Analysis and Evaluation Committee must bring these alternatives to assessment, to choose the best alternative in terms of specifications and price. However, if no submission of alternative tenders is allowed, the tender with alternatives shall be excluded during the analysis and evaluation.
|
11 – Tender Prices
|
11 - 1
|
The tenderer shall indicate on the price schedule the unit prices and total tender price of the units up to the total tender of goods and materials to be supplied/ supplied, installed, operated or trained, according to the applicability of the case under these instructions, provided that the contract is inclusive of all customs duties, taxes, costs of insurance, transportation and any other expenses until the arrival of the goods to the stores or any other site specified in the schedule of requirements.
|
|
11 - 2
|
11-2 The following should be taken into consideration when writing the tender to be submitted by the tenderer:
A. Unit prices, total unit prices, and any other data required from the tenderer shall be written in indelible ink that shows the unit price, the number of units in number, weight, size or any other detailed data, and the total price, provided that the price is written in figures and letters.
B. The price schedule shall be signed by the tenderer on completion. No erasures or interlineations in the price schedule shall be permitted. However, any overwriting or other action shall be valid only if they are re-written with indelible ink in figures and words along with the signature of the tenderer next to them.
|
|
11 - 3
|
The prices for the contract specified by the tenderer shall remain fixed during the execution of the contract and not subject to modification by amendments. The Analysis and Evaluation Committee shall consider any [8] tender that contains prices subject to change as the same of non-responsive tenders excluded under Article (24).
|
12 - Tender Currencies and Payment
|
12 - 1
|
Prices shall be quoted in the following currencies:
A. For goods, materials and ancillary services supplied by the tenderer from within or outside the local market, the prices shall be in Yemeni Riyals, unless otherwise specified in the Tender Document.
B. Payment shall be in Yemeni Riyals, unless otherwise specified in the Tender Document.
|
13 – Documentation of the Tenderer's Eligibility and Qualifications
|
13 – 1
|
Pursuant to Article (9) of these instructions, the tenderer shall furnish, as part of his tender, documents establishing his eligibility to tender and his qualifications to perform the contract if his tender is accepted.
|
|
13 – 2
|
The tenderer shall furnish documents establishing his eligibility, to the satisfaction of the Entity, that he belongs to the eligible country as defined in Article (2) of these instructions.
|
|
13 – 3
|
The documentary evidence of the tenderers
qualifications to perform the contract, if his tender is accepted, shall be established to the satisfaction of the Entity;
(A) that, in the case of a tenderer offering to supply goods under the contract which the tenderer did not manufacture or otherwise produce, the tenderer has been duly authorized by the goods’ Manufacturer or producer, or as an authorized agent, to supply the goods within Yemen;
(B) that the tenderer has the financial, technical, and production capability necessary to perform the contract;
(c) that, in the case of a tenderer not doing business within Yemen, the tenderer is or will be (if awarded the contract) represented by an Agent in Yemen equipped, and able to carry out the Tenderer’s maintenance, repair (after sale services), and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications.
(D) that the tenderer satisfies eligibility criteria prescribed in the Tender Document.
|
14 - Goods Eligibility and Conformity to Tender Document
|
14 – 1
|
Pursuant to Article (9) of these instructions, the tenderer shall furnish, as part of his tender, documents establishing the eligibility of all goods which the tenderer proposes to supply under the contract and conformity to technical specifications and conditions in the Tender Document.
|
|
14 – 2
|
The documentary evidence of the eligibility of the goods and services shall consist of a statement in the price schedule of the country of origin of the goods and services offered which shall be confirmed by a certificate of origin issued at the time of shipment.
|
|
14 – 3
|
The documentary evidence of conformity of the goods to the Tender Document may be in the form of [9] literature, drawings, and data, and shall Consist of:
(A) A detailed description of the essential technical and performance characteristic of the goods;
(B) A list giving full particulars, including available source and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the goods for a period specified in the Tender Document, following commencement of the use of the goods by the Entity; and
(C) A detailed explanation of the technical specifications demonstrating substantial responsiveness of the goods and service to those specifications, or a statement of deviations and exceptions to the requirements for the technical specifications.
|
|
14 – 4
|
The Contractor shall furnish a quality warranty that the supplies are in a good condition, new, and unused.
|
15 - Tender Security
|
15 – 1
|
Pursuant to Article (9) of these instructions, the tenderer shall furnish, as part of his tender, a tender security for the amount specified in the Tender Document
|
|
15 - 2
|
The tender security shall be denominated in the tender currency or in another freely convertible currency, and shall be in one of the following forms:
A. A certified cheque from the drawee bank payable to the Entity as a tender security, provided that the bank is accredited by the Central Bank. Bank Cheques drawn on banks abroad are also accepted, provided that these banks are accredited by one of the local banks accredited by the Central Bank. The cheque is valid for thirty (30) days beyond the validity of the tender.
B. A bank guarantee by one of the banks authorized by the Central Bank of Yemen to issue such guarantee.
The guarantee shall be unconditional and in accordance with the guarantee form specified in the tender document. The guarantee must be in the name of the Entity and valid for thirty (30) days beyond the validity of the tender. If the bank guarantee is by a bank abroad, it shall be accepted, provided that the same is confirmed by one of the local banks accredited by the Central Bank of Yemen.
|
|
15 – 3
|
Any tender not secured in accordance with paragraphs 15 – 1 and 15 – 2 of these instructions will be rejected by the Entity as non responsive, pursuant to Article (24) of these instructions.
|
|
15 – 4
|
Unsuccessful tender securities shall be returned after the submission of tender security and signing the contract by the successful tenderer who was awarded the contract.
|
|
15 – 5
|
The Entity may forfeit the tender security in any of the following cases: [10]
A) If any of the tenderers requests withdrawing his tender after the opening of the envelopes during the tender's validity period.
B) If the successful tenderer does not accept the mathematical corrections.
C) If the successful tenderer does not submit the performance security within the period specified in the letter of acceptance of his tender.
D) If it is proved to the Entity that the tenderer has violated the codes of conduct and principles of ethical behavior specified in the law and these instructions during the study period, submission of tenders and the procedures of analysis, assessment and contract award.
|
16 - Validity of Tenders
|
16 – 1
|
Tenders shall remain valid for the period specified in the Tender Document after the date of opining the envelopes prescribed by the Entity, pursuant to Article (19) of these instructions. A tender valid for a shorter period shall be rejected by the Entity as non
responsive.
|
|
16 – 2
|
The Entity may solicit in writing the tenderer’s consent to an extension of the period of validity. The acceptance of the tenderer shall be made in writing without any modification by amendments to his tender. However, the tenderer may refuse the request without the forfeiture of his tender security. The tender security provided under Article (15) shall also be suitably extended.
|
17 - Format and Signing of Tender
|
17 - 1
|
The tenderer shall prepare the original copy and other copies of the tender, clearly marking each “ORIGINAL” and “COPY” as appropriate. In the event of any discrepancy between them, the original copy shall govern.
|
|
17 – 2
|
The original and all copies of the tender shall be typed or written in indelible ink and shall be signed by the tenderer or a person duly authorized. All pages of the tender, except for un amended printed literature (catalogs), shall include the official seal and the signature of the person signing the tender.
|
|
17 – 3
|
The tender shall have no interlineations, erasures, or overwriting except as necessary to correct errors made by the tenderer, in which case such corrections shall be signed by the person signing the tender before the opening of the envelopes.
|
|
17 – 4
|
The successful tenderer shall provide the information set forth in the tender form on the amounts paid, or to be paid, to agents relevant to this tender and the execution of the contract.
|
|
17 – 5
|
The official seal and signature of the tenderer shall be on all Tender Document [ technical specifications, [11] drawings (if any), general conditions, special conditions, and contract agreement form ] in acknowledgement of compliance with their provisions. In the event the tenderer fails to do that, the tender shall be declared non responsive.
|
|
17 – 6
|
No claims by the tenderer regarding the presence of error in the tender shall be considered if submitted after the end of the last date for submission of tenders.
|
|
|
