Republic of Yemen Ministry of Finance Tax Authority Entity Name: Tax Authority

F – Award of contract

29 – Post-qualification		29 – 1		In the absence of pre-qualification, the Entity shall determine to its satisfaction whether the tenderer that is selected as having submitted the lowest evaluated responsive tender is qualified to perform the contract satisfactorily in accordance with the criteria of paragraph (13 – 3) of these instructions.
		29 – 2		The determination will take into account the tenderer financial, technical, and production capabilities. It will be based upon an examination of the documentary evidence of the tenderers qualifications submitted by the tenderer, pursuant to paragraph (13– 3) of these instructions, as well as such other information as the Entity deems necessary and appropriate.
		29 – 3		An affirmative determination will be a prerequisite for award of the contract to the tenderer. A negative determination will result in rejection of the Tenderer’s tender, in which event the Entity will proceed to the next lowest evaluated tender to make a similar determination of that Tenderer’s capabilities to perform satisfactorily.
		29 – 4		The Entity may seek clarification or request any additional technical documents to prove eligibility of tenderers during the pre-qualification or post- qualification of the successful tender.
30 – Award Criteria		30 – 1		Subject to the provisions of Article (32)of these instructions, the Entity shall award the contract to the successful tenderer whose tender has been determined to be substantially responsive to all technical specifications and has been determined to be the lowest evaluated tender.
31 – The Entity's Right to Vary Quantities at the Time ofContract Award		31 – 1		The Entity reserves the right at the time of contract awarding to increase or decrease the quantity of goods and services originally specified in the schedule of requirements without any change in unit price or the terms of the contract, provided that the change limit is 10% the contract price at the time of contract award and that the goods and services have the same original quality and technical specifications.
32 – The Entity's Right to Accept o rReject Any or All Tenders		32 – 1		The Entity reserves the right to annul the tendering process at any time prior to contract award, without thereby incurring any liability to the affected tenderers or any obligation to inform the affected tenderers of the grounds for the Entity's action
33 - Notification of Award		33 – 1		Prior to the expiration of the period of tender validity, the Entity shall notify the successful tenderer in writing, either in registered mail or fax, that his tender has been accepted. A copy of the notification shall be sent to the rest of tenderers to inform them of the name of the successful tender and the award amount.
		33 – 2		Tenderers shall be allowed ten days for appeal to the authorities specified in the Law starting on the date of official notification thereof of the name of the successful tender
		33 – 3		Upon the successful Tenderer’s furnishing of the performance security pursuant to Article (35) of these b instructions, the Entity shall promptly notify the other unsuccessful Tenderers and discharge their tender security, pursuant to Article (15) of these instructions.
		33 – 4		If one of the tenderers desires to be informed of the reasons for non-acceptance of his tender, he may send his request directly to the Entity which will respond in writing.
34 – Signing of Contract Agreement		34 – 1		At the same time as the Entity notifies the successful tenderer that his tender has been accepted, the Entity will send the tenderer the Contract Agreement Form provided in the Tender Document, incorporating all agreements between the parties.
		34 – 2		The successful tenderer shall have the contract signed within (15) days from the date of receipt of the Contract Agreement Form. The said tenderer shall indicate the signature date on the contract and return it to the Entity.
35 – Performance Security		35 – 1		Within Thirty (15) days of the receipt of notification of award from the Entity, the successful tenderer shall furnish the performance security in accordance with the Conditions of Contract, in the Performance Security Form provided in the Tender Document.
		35 – 2		Failure of the successful tenderer to comply with the requirements of furnishing the performance security and attending the signing of contract session shall constitute sufficient grounds for the annulment of the award and forfeiture of the tender security, in which event the Entity may make the award to the next lowest evaluated tender or call for new tenders in accordance with law provisions and regulations.
36 - Ethics and Code of Conduct		36 – 1		All tenderers are required to observe the highest standards of ethics during the procurement process and execution of contracts. Such tenderers shall be prohibited from unethical practices such as follows: A. “corrupt practice” which means 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 B. “fraudulent practice” which means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Entity, and includes collusive practice among tenderer (prior to or after tender submission) designed to establish tender prices at artificial non-competitive levels and to deprive the Entity of the benefits of free and open competition;
		36 – 2		The Entity shall reject a proposal for award if it is proven that the tenderer recommended for award has engaged incorrupt or fraudulent practices in competing for the contract in question.
		36 – 3		A tenderer who is found to have indulged in corrupt or fraudulent practices shall be announced as disqualified to participate in any tender definitively or for a limited period and take action according to these instructions and the tender conditions. The name of the tenderer shall be submitted to the competent authority for inclusion on the blacklist whenever required.
		36 – 4		tenderers should observe the ethics and code of conduct set out in law and regulations during the study and submission of tenders and award decision by the Entity.

Section III: Bid Data Sheet
Instructions to bidders:

	Tender name: Printing and supply of 2,300,000,000 (two billion three hundred million banderol stamps on locally produced cigarettes Tender No. 3/2012
	List of required works: Printing and supply of 2,300,000,000 (two billion three hundred million) banderol stamps on locally produced cigarettes
	The tender composes of one contract
Item 1	Funding source: 100% governmental
Item 4-1	Purchaser: Yemeni Tax Authority
Item 6-1	Address of purchaser: Tax Authority – General department of Supply and Maintenance / Procurement Department Southern Safiah – Besides the Ministry of Finance – Abu Dhabi Street Tel. 268463 / 260379 Fax: 263904 / 263810 Email: [e-mail] P.O. Box 11366-5746 Period for clarifications and questions: 40 days as of the date of publishing the first advertisement
Item 8-1	Tender and correspondence language: English language. Additional language is Arabic
Item 9-1 e-5	Additional documents to be provided by bidders: Bidders shall provide a website that may be referred to. Bidders shall provide samples of previous works
Item 10-3	Bid options: Not allowed
item 12-1	Bid currency Yemeni Rials or any other convertible currency Payment Currency: Payment current is the Yemeni Rial evaluated by prevailing exchange rate at the Central Bank of Yemen at the date of transfer of bid currency.
Item 13-3-d	Authorization to bidder from Manufacturer The local agent should be officially authorized by bidder (head office) by an official document endorsed by the Yemeni embassy/consulate in that country. Role of the local agent shall be limited in receiving and delivering correspondences between the Tax Authority and the bidder. Announcements, letters and correspondences delivered to the agent shall be considered as delivered to bidder itself whether delivered by registered mail, fax or personal delivery to agent. Address in Yemen should be clearly indicated including commercial activity. Copy of the commercial register and valid tax card should be attached as well as GST certificate.
Item 14-3-b	Spare parts N/A
Item 15-1	Bid Bond: Each bid should be enclosed with a bid bond of YR 15,000,000 or equivalent for the order of the Tax Authority via payable check withdrawn on a local bank approved by the Central bank of Yemen or unconditional bank guarantee valid for 150 days as of the date of opening envelopes issued from a local bank approved by Central Bank of Yemen as per attached form.
Item 16-1	Bid validity Bid validity should not be less than 120 days as of envelope opening date.
Item 17-1	Required number of copies: One copy in addition to the original copy
Item 18-2	Address for delivery of bids: Tax Authority – General Department of Financial Affairs - Procurement Department Southern Safiah – Besides the Ministry of Finance – P.O. Box 11336 – 5746
Item 19-1	Latest bid submission date: 08.10.2012
Item 22-1	Time and date for envelopes opening: Envelopes will be opened in an open session at 10:00AM 08.10.2012 Place: Southern Safiah – Tax Authority – Head Quarter – Office of the Deputy Chairman
Item 26-2-G	technical evaluation criteria: Responsiveness to technical specifications Compliance with security marks Financial evaluation criteria: As per approved instructions and manuals
Item 26-3		Delivery location: warehouses of the Tax Authority – head quarter Delivery Schedule: Supplier shall ship a urgent quantity of 10% of all quantities (230,000,000) stamps of both categories by air to Sana'a International Airport and delivery the same to the warehouses of the Tax Authority within 60 days of the date of official approval of Tax Authority on the final samples. The rest of the quantity (90%) (2,070,000,000) stamps of both categories shall be shipped by sea shipment inside 20ft containers on three equal batches and to be delivered tom the warehouses of the Tax Authority, headquarters, in defined deadlines as of the date of approving final samples as follows: Batch Required quantity Time period First 40% 828,000,000 of all categories Within 3 months after delivery of the urgent batch Second 40% 828,000,000 of all categories Within six months after delivery of the first batch Third 20% 414,000,000 of all categories Within six months after delivery of the second batch Delay fines for every week: 0.5% shall be added for each week of delay
Item 27	Local preference: N/A
Item 29	qualifications: Lowest evaluated bid will be accepted. Qualification criteria: Financial position: balance sheet for three years endorsed by auditors Legal power of attorney from manufacturer Proving that they have printed Banderol stamps during the last five years and shall submit evidences of their practical experience in printing high security papers especially in banknote and passport printing by mentioned 3-5 agencies that dealt with the bidder. Official documents supporting experiences and qualifications of bidders and implemented works with different agencies should be enclosed and should be authenticated by relevant agencies and endorsed by the Yemeni embassy/consulate in the country of origin. Banderol stamp should be updated if forged in the future. In case such qualifications and experiences are not attached, the bid will not be qualified for competition and Tax Authority has the right to reject it. Quality certificates
Item 33-1	Drawings Supplier shall make initial samples for stamps as per above picture and present the same to the Tax Authority within 20 days of contract signature date. Final samples shall be submitted within 20 days as of the date of approving initial samples. Final samples are not considered final unless tested in final usage locations (Yemeni cigarette factories) and verification of their soundness and official notification to Supplier from Tax Authority in this respect.
Item 34-1	Joint ventures: Not allowed
Item 35-1	Bid prices Price should include all costs associated with the implementation of obligations, costs of transportation, insurance, delivery to the warehouses of the Tax Authority (head quarter) as well as any custom duties or any other legal levies. Supply: Applicable
Item 36-1	Supplier has to indicate the address for communications with the purchaser: [below data shall be filled in by bidder and shall be responsible for the correctness of data provided] (as stated in the following pages.

Commercial name:
Address:
Location:
Tel.
Fax:
Email:
P.O. box
Mobile No.
Authorized signatory:
Position:
Any other data requested by purchaser