招标投标招标书(英文版).doc67【精选资料】

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30. Award Criteri a................................................. ...............................

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31. Purchaser's Right to Vary Quantities at Time of Award ...................... ....

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32. Purchaser

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Right to Accept Any Bid and to Reject Any or All Bids........

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33. Notif

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cation of Award....... .................................................. .....................

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34. Signing of Contract....... .................................................. ..........................

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35. Performance Security... .................................................. ...........................

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36. Corrupt or Fraudulent Practices.............................. ..................................

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.24

Instruction to Bidders

A. Introduction

1. Source of

Funds

2. Eligible

Bidders

3. Eligible Goods

and Services

4. Cost of

Bidding

5. Content of

Bidding

Documents

1.1

The

Government

of

the

United

of

Republic

of

Tanzania

through

the

Tanzania

Airports

Authority

has

set

aside

funds

for

the

operations

of

the

airports. It is intended that part of the proceeds of the funds will be used to

cover

eligible

payment

under

the

contract for

Supply

of

goods

specified

in

the

Bid Data Sheet

.

2.1 This Invitation to Tender, is open to all firms capable of supplying the

goods complying to specification in these bidding document. Firms of a

member country may be excluded if as a matter of law or regulation,

Tanzania prohibits commercial relations with that country.

2.2 Bidders should not be associated, or have been associated in the

past, directly or indirectly, with a firm or any of its affiliates

which have been engaged by the Purchaser to provide consulting

services for the preparation of the design, specifications, and

other documents to be used for the procurement of the goods to be

purchased under this Invitation for Bids.

2.3 Government-owned enterprises in the United Republic of Tanzania may

participate only if they are legally and financially autonomous, if

they operate under commercial law, and if they are not a

dependent agency of the Purchaser.

2.4 Bidders shall not be under a declaration

of ineligibility

for corrupt and

fraudulent practices issued by the Government of the United Republic of

Tanzania in accordance with

ITB

Clause 36.1.

3.1

All

goods

and

related

services

to

be

supplied

under

the

contract

shall have their origin in eligible source countries, and all expenditures

made under the contract will be limited to such goods and services.

3.2 For purposes of this clause,

goods are mined, grown, or produced, or the place from which the

related services are supplied. Goods are produced when, through

manufacturing, processing, or substantial and major assembly of

components, a commercially-recognized product results that is

substantially different in basic characteristics or in purpose or utility

from its components.

3.3 The origin of goods and services is distinct from the nationality of

the Bidder.

4.1 The Bidder shall bear all costs associated with the preparation and

submission of its bid, and the Purchaser named in the

Bid Data

Sheet,

hereinafter referred to as

the Purchaser,

responsible or liable for those costs, regardless of the conduct or

outcome of the bidding process.

B.

The Bidding Documents

5.1 The goods required, bidding procedures, and contract terms are

prescribed in the bidding documents. The bidding documents

include the following sections:

(a) Invitation to Tender

(b)

Instructions to Bidders

(ITB)

(c)

Bid Data Sheet

6. Clarification of

Bidding

Documents

7. Amendment of

Bidding

Documents

(d)

General Conditions of Contract

(GCC)

(e)

Special Conditions of Contract

(SCC)

(f)

Schedule of Requirements

(g)

Technical Specifications

(h)

Bid Form

(i)

Bill of Quantities

(j)

Bid Security Form

(k)

Contract Form

(1) Performance Security Form

(m) Bank Guarantee Form for Advance Payment

(n)

Manufacturer's Authorization Form

5.2 The Bidder is expected to examine all instructions, forms, terms,

and specifications in the bidding documents. Failure to furnish

all information required by the bidding documents or to submit a

bid not substantially responsive to the bidding documents in

every respect will be at the Bidder's risk and may result in the

rejection of its bid.

6.1 A prospective Bidder requiring any clarification of the bidding

documents may notify the Purchaser in writing or by cable

[hereinafter, the term

cable

is deemed to include Electronic Data

Interchange

(EDI)

and facsimile] at the Purchaser's address

indicated in the

ITB Clause 19.1.

The Purchaser will respond in

writing to any request for clarification of the bidding documents

which it receives no later than ten (10) days prior to the deadline

for the submission of bids prescribed in Bid Data Sheet. Written

copies of the Purchaser's response (including an explanation of the

query but without identifying the source of inquiry) will be sent to

all prospective bidders that have received the bidding documents.

7.1 At any time prior to the deadline for submission of bids, the

Purchaser, for any reason, whether at its own initiative or in

response to a clarification requested by a prospective Bidder,

may modify the bidding documents by amendment.

7.2 All prospective bidders that have received the bidding documents

will be notified of the amendment in writing or by cable, and will

be binding on them.

7.3 In order to allow prospective bidders reasonable time in which to

take the amendment into account in preparing their bids, the

Purchaser, at its discretion, may extend the deadline for the

submission of bids

C.

Preparation of Bids

8.

Language of

Bid

9. Documents

Constituting

the Bid

10. Bid Form

8.1 The bid prepared by the Bidder, as well as all correspondence and

documents relating to the bid exchanged by the Bidder and the

Purchaser, shall be written in the language specified in the Bid

Data Sheet. Supporting documents and printed literature furnished

by the Bidder may be in another language provided they are

accompanied by an accurate translation of the relevant passages in

the language specified in the

Bid Data

Sheet,

in which case, for

purposes of interpretation of the Bid, the translation shall govern.

9.1 The bid prepared by the Bidder shall comprise the following

components:

(a) a Bid Form and a Price Schedule completed in accordance

with

ITB

Clauses 10, 11, and 12;

(b)

documentary evidence established in accordance with ITB

Clause 13 that the Bidder is eligible to bid and is qualified to

perform the contract if its bid is accepted;

(c)

documentary evidence established in accordance with ITB

Clause 14 that the goods and ancillary services to be

supplied by the Bidder are eligible goods and services and

conform to the bidding documents; and

(d) bid security furnished in accordance with ITB Clause 15.

10.1

The

Bidder

shall

complete

the

Bid

Form

and

the

appropriate

Price

Schedule furnished in the bidding documents, indicating the

goods to be supplied, a brief description of the goods, their

country of origin, quantity, and prices.

11. Bid Prices

10.2 For the purpose of granting a margin of domestic preference, bids

will be classified in one of three groups, as follows:

(a)

Group

A:

All other bids offering goods from within the United Republic of

Tanzania.

(b)

Group

B:

Bids offering goods of foreign origin to be

imported by the Purchaser directly or through the Supplier's local Agent.

10.3 To facilitate this classification by the Purchaser, the Bidder shall

complete whichever version of the Price Schedule furnished in

the bidding documents is appropriate provided, however, that the

completion of an incorrect version of the Bill of Quantities by the

Bidder will not result in rejection of its bid, but merely in the

Purchaser's

reclassification

of the bid into its appropriate bid

group.

11.1 The Bidder shall indicate on the appropriate Price Schedule the

unit prices (where applicable) and total bid price of the goods it

proposes to supply under the contract.

11.2 Prices indicated on the Price Schedule shall be entered separately in the

following manner:

(a) For goods offered from within the United Republic of Tanzania:

(i) the price of the goods quoted ex-showroom price plus customs plus duties

payable/paid on previously imported goods.

(ii)

any Tanzanian sales and other taxes which will

be payable on the goods if the contract is awarded.

(iii)

the price for inland transportation, insurance, and other

local costs incidental to delivery of the goods to their

final destination, if specif

i

ed in the

Bid Data Sheet.

(iv)

the price of other (incidental) services, if any, listed in

the

Bid Data Sheet.

(b)

For goods offered from abroad:

(i)

the price of the goods shall be quoted

CIF

named port

of destination, or

CIP

border point, or

CIP

named place

of destination, in Tanzania, as specified

in the

Bid Data Sheet.

In quoting the price, the Bidder

shall be free to use transportation through carriers

registered in any eligible countries. Similarly, the

Bidder may obtain insurance services from any country.

(ii) the price of the goods quoted FOB port of shipment (or

FCA,

as the case may be), if specified in the

Bid Data

Sheet.

(iii) the price of goods quoted

CFR

port of destination (or

CPT

as the case may be), if specified in the

Bid Data

Sheet.

(iv) the price for inland transportation, insurance, and other

local costs incidental to delivery of the goods from the

port of entry to their final destination, if specified in the

Bid Data Sheet.

(v)

the price of other (incidental) services, if any, listed in

the

Bid Data Sheet.

12. Bid

Currencies

13. Documents

Establishing

Bidder's

Eligibility and

Qualification

11.3 The terms

EXW,

CIF, CIP, etc., shall be gove

rn

ed by the rules

prescribed in the current edition of

Incoterms

published by the

Inte

rn

ational Chamber of Commerce, Paris.

11.4 The Bidder's separation of price components in accordance with

ITB

Clause 11.2 above will be solely for the purpose of facilitating

the comparison of bids by the Purchaser and will not in any way

limit the Purchaser's right to contract on any of the terms offered.

11.5 Prices quoted by the Bidder shall be fixed during the Bidder's

performance of the contract and not subject to variation on any

account. A bid submitted with an adjustable

price quotation will be treated

as

not substantial responsive

and will be rejected, pursuant to

ITB

Clause 24.

12.1 Prices shall be quoted in the following currencies:

(a) For goods and services that the Bidder will supply from

within the United Republic of Tanzania, the prices shall be quoted in the

currency of the Tanzanian Shillings, unless otherwise specified in the

Bid Data

Sheet.

(b)

For goods and services that the Bidder will supply from

outside the United Republic of Tanzania, the prices shall be quoted in any freely

convertible currency.

13.1 Pursuant to ITB Clause 9, the Bidder shall furnish, as part of its

bid, documents establishing the Bidder's eligibility to bid and its

qualifications to perform the contract if its bid is accepted.

13.2 The documentary evidence of the Bidder's eligibility to bid shall

establish to the Purchaser's satisfaction that the Bidder, at the time

of submission of its bid, is capable to supply the vehicles complying to the specs

in this bidding document as defined

under ITB Clause 2.

13.3 The documentary evidence of the Bidder's qualifications to

perform the contract if its bid is accepted shall establish to the

Purchaser's satisfaction:

(a) that, in the case of a Bidder of

f

ering to supply goods under

the contract which the Bidder did not manufacture or

otherwise produce, the Bidder has been duly authorized by

the goods' Manufacturer or producer to supply the goods in

the United Republic of Tanzania;

(b) that the Bidder has the financial, technical, and production

capability necessary to perform the contract;

14. Documents

Establishing

Goods'

Eligibility and

Conformity to

Bidding

Documents

(c) that, in the case of a Bidder not doing business within the

United Republic of Tanzania, the Bidder is or will be (if awarded the

contract) represented by an Agent in that country equipped

and able to carry out the Supplier's maintenance, repair, and

spare parts- stocking obligations prescribed in the Conditions

of Contract and

/

or Technical Specifications; and

(d)

that the Bidder meets the qualification criteria listed in the

Bid Data Sheet.

14.1 Pursuant to

ITB

Clause 9, the Bidder shall furnish, as part of its bid,

documents establishing the eligibility and conformity to the bidding

documents of all goods and services which the Bidder proposes to supply

under the contract.

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 and

services to the bidding documents may be in the form of literature,

drawings, and data, and shall consist of:

(a) a detailed description of the essential technical and

performance characteristics of the goods;

(b)

a list giving full particulars, including available sources and

current prices of spare parts, special tools, etc., necessary for

the proper and continuing functioning of the goods for a

period to be specified in the

Bid Data Sheet,

following

commencement of the use of the goods by the Purchaser; and

(c) an item-by-item commentary on the Purchaser's Technical

Specifications demonstrating substantial

responsiveness

of the

goods and services to those specifications, or a statement of

deviations and exceptions to the provisions of the Technical

Specifications.

14.4 For purposes of the commentary to be furnished pursuant to ITB

Clause 14.3(c) above, the Bidder shall note that standards for

workmanship, material, and equipment, as well as references to

brand names or catalogue numbers designated by the Purchaser in

its Technical Specifications, are intended to be descriptive only and

not

restrictive. The Bidder may substitute alternative standards, brand

names, and/or catalogue numbers in its bid, provided that it

demonstrates to the Purchaser's satisfaction that the substitutions

ensure substantial equivalence to those designated in the Technical

Specifications.

15. Bid Security

16.

Period of

Va

l

idity of

Bids

15.1 Pursuant to

ITB

Clause 9, the Bidder shall furnish, as part of its

bid, a bid security in the amount specified in the

Bid Data Sheet.

15.2 The bid security is required to protect the Purchaser against the

risk of Bidder's conduct which would warrant the security's

forfeiture, pursuant to ITB Clause 15.7.

15.3 The bid security shall be denominated in the currency of the bid or

in another freely convertible currency, and shall be in one of the

following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by a

reputable bank located in the United Republic of Tanzania or abroad, in the form

provided in the bidding documents or another form acceptable to the Purchaser

and valid for thirty (30)

days beyond the validity of the bid; or

(b) a cashier's or certif

i

ed check.

15.4 Any bid not secured in accordance with

ITB

Clauses 15.1 and 15.3

will be rejected by the Purchaser as

nonresponsive,

pursuant to

ITB Clause 24.

15.5 Unsuccessful bidders' bid securities will be discharged or returned

as promptly as possible but not later than thirty (30) days after the

expiration of the period of bid validity prescribed by the Purchaser

pursuant to ITB Clause 16.

15.6 The successful Bidder's bid security will be discharged upon the

Bidder signing the contract, pursuant to ITB Clause 34, and

furnishing the performance security, pursuant to ITB Clause 35.

15.7 The bid security may be forfeited:

(a) if a Bidder:

(i)

withdraws its bid during the period of bid validity

specified by the Bidder on the Bid Form

,

or

(ii)

does not accept the correction of errors pursuant to ITB

Clause 24.2;

or

(b) in the case of a successful Bidder, if the Bidder fails:

(i) to sign the contract in accordance with ITB Clause 34;

or

(ii) to furnish performance security in accordance with ITB

Clause 35.

16.1 Bids shall remain valid for the period specified in the

Bid Data Sheet

after

the date of bid submission prescribed by the Purchaser.

Bids pursuant to ITB Clause 19. A bid valid for a shorter period shall

be rejected by the Purchaser as not substantial responsive.

16.2 In exceptional circumstances, the Purchaser may solicit the

Bidder's consent to an extension of the period of validity. The

request and the responses thereto shall be made in writing (or by

cable). The bid security provided under

ITB

Clause 15 shall also

be suitably extended. A Bidder may refuse the request without

forfeiting its bid security. A Bidder granting the request will not

be required nor permitted to modify its bid, except as provided in

ITB Clause 16.3.

16.3 In the case of fixed price contracts, if the award is delayed by a

period exceeding sixty (60) days beyond the expiry of the initial

bid validity, the contract price will be increased by a factor

specified in the request for extension.

17.1 The Bidder shall prepare an original and the number of copies of

17. Format and

Signing of Bid

the bid indicated in the

Bid Data Sheet,

clearly marking each

18. Sealing and

Marking of

Bids

event of any discrepancy between them, the original shall govern.

17.2 The original and the copy or copies of the bid shall be typed or

written in indelible ink and shall be signed by the Bidder or a

person or persons duly authorized to bind the Bidder to the

contract. All pages of the bid, except for

un-amended

printed

literature, shall be initialed by the person or persons signing the

bid.

17.3 Any interlineations

,

erasures, or overwriting shall be valid only if

they are initialed by the person or persons signing the bid.

17.4 The Bidder shall furnish information as described in the Form of

Bid on commissions or gratuities, if any, paid or to be paid to

agents relating to this Bid, and to contract execution if the Bidder

is awarded the contract.

D.

Submission of Bids

18.1 The Bidder shall seal the original and each copy of the bid in

separate envelopes, duly marking the envelopes as

The envelopes shall then be sealed in an outer envelope.

18.2 The inner and outer envelopes shall:

(a) be addressed as given in the

Bid Data Sheet;

and

19. Deadline for

Submission of

Bids

20. Late Bids

21. Modification

and

Withdrawal

of

Bids

22. Opening of

Bids by the

Purchaser

(b)

bear the Project name indicated in the Bid Data Sheet, the

Invitation for Bids

(IFB)

title and number indicated in the Bid

Data Sheet, and a statement:

be completed with the time and the date specified in the

Bid

Data Sheet,

pursuant to

ITB

Clause 22.1.

18.3 The inner envelopes shall also indicate the name and address of

the Bidder to enable the bid to be returned unopened in case it is

declared

late.

18.4 If the outer envelope is not sealed and marked as required by ITB

Clause 18.2, the Purchaser will assume no responsibility for the

bid's misplacement or premature opening.

19.1 Bids must be received by the Purchaser at the address specified

under ITB Clause 18.2 (a) no later than the time and date specified in

the

Bid Data Sheet

19.2 The Purchaser may, at its discretion

,

extend this deadline for the

submission of bids by amending the bidding documents in

accordance with ITB Clause 7, in which case all rights and

obligations of the Purchaser and bidders previously subject to the

deadline will thereafter be subject to the deadline as extended.

20.1 Any bid received by the Purchaser after the deadline for

submission of bids prescribed by the Purchaser pursuant to ITB

Clause 19 will be rejected and returned unopened to the Bidder.

21.1 The Bidder may mod

i

fy or withdraw its bid after the bid's submission,

provided that written notice of the modification, including substitution or

withdrawal of the bids, is received by the Purchaser prior to the deadline

prescribed for submission of bids.

21.2 The Bidder's modification or withdrawal notice shall be

prepared, sealed, marked, and dispatched in accordance with the

provisions of ITB Clause 18. A withdrawal notice may also be

sent by cable, but followed by a signed confirmation copy,

postmarked not later than the deadline for submission of bids.

21.3 No bid may be modified after the deadline for submission of

bids.

21.4 No bid may be withdrawn in the interval between the deadline

for submission of bids and the expiration of the period of bid

validity specified by the Bidder on the Bid Form. Withdrawal of

a bid during this

i

nterval may result in the Bidder's forfeiture of

its bid security, pursuant to the

ITB

Clause 15.7.

E.

Opening and Evaluation of Bids

22.1 The Bids will be opened in the presence of all bidders'

representatives who choose to attend, at the time, on the date, and at

the place specified in the

Bid Data Sheet.

The bidders'

representatives who are present shall sign a register evidencing their

attendance.

23. Clarification of Bids

24. Preliminary

Examination

25. Conversion to

Single Currency

22.2 The bidders' names, bid modifications or withdrawals, bid prices,

discounts, and the presence or absence of requisite bid security and

such other details as the Purchaser, at its discretion, may consider

appropriate, will be announced at the opening. No bid shall be

rejected at bid opening, except for late bids, which shall be returned

unopened to the Bidder pursuant to ITB Clause 20.

22.3 Bids (and modifications sent pursuant to ITB Clause 21.2) that are

not opened and read out at bid opening shall not be considered

further for evaluation, irrespective of the circumstances. Withdrawn bids will

be returned unopened to the bidder pursuant to ITB Clause 20.

22.4 The Purchaser will prepare minutes of the bid opening.

23.1 During evaluation of the bids, the Purchaser may, at its discretion,

ask the Bidder for a clarification of its bid. The request for

clarification and the response shall be in writing, and no change in the

prices or substance of the bid shall be sought, offered, or permitted.

24.1 The Purchaser will examine the bids to determine whether they are

complete, whether any computational errors have been made,

whether required sureties have been furnished, whether the

documents have been properly signed, and whether the bids are

generally in order.

24.2 Arithmetical errors will be rectified on the following basis. If there

is a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall

prevail, and the total price shall be corrected. If there is a discrepancy

between words and figures, the amount in words will prevail. If the

Supplier does not accept the correction of the errors, its bid will be

rejected, and its bid security may be forfeited.

24.3 The Purchaser may waive any minor informality

,

nonconformity, or

irregularity in a bid which does not constitute a material deviation,

provided such waiver does not prejudice or affect the relative

ranking of any Bidder.

24.4 Prior to the detailed evaluation, pursuant to

ITB

Clause 26. the

Purchaser will determine the substantial

responsiveness

of each bid to

the bidding documents. For purposes of these Clauses

,

a substantially

responsive bid is one which conforms to all the terms and conditions

of the bidding documents without material deviations. Deviations

from, or objections or reservations to critical provisions,

such

as those

concerning Bid Security (ITB Clause 15), Applicable Law

(GCC

Clause 31), and Taxes and Duties (GCC Clause 33), will be deemed to

be a material deviation. The Purchaser's determination of a bid

'

s

responsiveness is to be based on the contents of the bid itself without

recourse to extrinsic evidence.

24.5 If a bid is not substantially responsive, it will be rejected by the

Purchaser and may not subsequently be made responsive by the

Bidder by correction of the nonconformity.

25.1 To facilitate evaluation and comparison, the Purchaser will convert

all bid prices expressed in the amounts in various currencies in

26. Evaluation and

Comparison of

Bids

which the bid prices are payable to either:

(a) the currency of the United Republic of Tanzania at the selling exchange

rate established for similar transactions by the Central Bank or a commercial

bank in the United Republic of Tanzania; or

(b) a currency widely used internationally trade, such as US dollars,

Euro, etc. at a selling rate of exchange published in the international press for

the amount payable in foreign currency; and at the selling exchange rate

established for similar transactions by the central Bank in the URT for the

amount payable in Tanzania Shillings.

25.2 The currency selected for converting bid prices to a common base

for the purpose of evaluation, along with the source and date of the

exchange rate, are specified in the

Bid Data

Sheet.

26.1 The Purchaser will evaluate and compare the bids which have been

determined to be substantially responsive, pursuant to

ITB

Clause 24.

26.2 The Purchaser's evaluation of a bid will exclude and not take in

t

o

account:

(a) in the case of goods manufactured in Tanzania or goods of foreign origin

already

located

in

Tanzania,

sales

and

other

similar

taxes,

which

will

be

payable on the goods if a contract is awarded to the Bidder;

(b)

in the case of goods of foreign origin offered from abroad,

customs duties and other similar import taxes which will be

payable on the goods if the contract is awarded to the Bidder;

and

(c)

any allowance for price adjustment during the period of

execution of the contract, if provided in the bid.

26.3 The comparison shall be between the

EXW

price of the goods

offered from within the United Republic of Tanzania., such price to include all

costs, as well as duties and taxes paid or payable for goods,

and the

CIF

named port of destination (or

CIP

border point, or

CIP

named place of destination) on price of the goods offered from outside

the United Republic of Tanzania.

26.4 The Purchaser's evaluation of a bid will take into account, in

addition to the bid price quoted in accordance with ITB Clause 11.2,

one or more of the following factors as specified in the

Bid Data

Sheet,

and quantified in ITB Clause 26.5:

(a) Cost of inland transportation

,

insurance, and other costs within

Tanzania incidental to delivery of the goods to

their final destination.

(b) Delivery schedule offered in the bid;

(c ) Deviations in payment schedule from that specified in the Special

Conditions of Contract;

(d) The cost of components, mandatory spare parts, and service;

(e)

The availability in Tanzania of spare parts and

after-sales services for the equipment o

ff

ered in the bid;

(f)

The projected operating and maintenance costs during the life

of the equipment;

(g)

The performance and productivity of the equipment offered;

and

/

or

(h)

Other

specific

criteria

indicated

in

the

Bid

Data

Sheet

and/or

in

the

Technical Specifications.

26.5 For factors retained in the Bid Data Sheet pursuant to

ITB

26.4, one

or more of the following quantification methods will be applied, as

detailed in the Bid Data Sheet:

(a)

Inland transportation from

EXW/port

of entry

/

border point,

insurance, and incidentals.

Inland transportation, insurance, and other incidental costs for

delivery of the goods from EXW/port of entry/border point to

Project Site named in the

Bid Data Sheet

will be computed for

each bid by the Purchaser on the basis of published tariffs by

the rail or road transport agencies, insurance companies, and/or

other appropriate sources. To facilitate such computation,

bidder shall furnish in its bid the estimated dimensions and

shipping weight and the approximate

EXW/CIF

(or

CIP

border

point) value of each package. The above cost will be added by

the Purchaser to

EXW/CIF/CIP

border point price.

(b)

Delivery schedule.

(j)

The Purchaser requires that the goods under the Invitation for

Bids shall be delivered (shipped) at the time specified in the

Schedule of Requirements. The estimated time of arrival of

the goods at the Project Site will be calculated for each bid

after allowing for reasonable international and inland

transportation time. Treating the bid resulting in the earliest

time of arrival as the base, a delivery

calculated for other bids by applying a percentage, specified in

the

Bid Data Sheet,

of the EXW/CIF/CIP price for each week

of delay beyond the base, and this will be added to the bid

price for evaluation. No credit shall be given to early delivery.

Or

(ii)

The goods covered under this invitation are required to

be delivered (shipped) within an acceptable range of

weeks specified in the Schedule of Requirement. No

credit will be given to earlier deliveries, and bids o

ff

ering

delivery beyond this range will be treated as

nonresponsive.

Within this acceptable range, an

adjustment per week, as specified in the

Bid Data Sheet,

will be added for evaluation to the bid price of bids

offering deliveries later than the earliest delivery period

specified in the Schedule of Requirements.

Bids offering deliveries earlier or later than the specified

deliveries will be adjusted in the evaluation by adding to the bid

price a factor equal to a percentage, specified in the

Bid Data

Sheet,

of EXW/CIF/CIP

price per week of variation from

the specified delivery schedule.

(c)

Deviation in payment schedule.

(i)

Bidders shall state their bid price for the payment

schedule outlined in the

SCC.

Bids will be evaluated on

the basis of this base price. Bidders are, however,

permitted to state an alternative payment schedule and

indicate the reduction in bid price they wish to offer for

such alternative payment schedule. The Purchaser may

consider the alternative payment schedule offered by the

selected Bidder.

or

(ii) The SCC stipulate the payment schedule offered by the

Purchaser. If a bid deviates from the schedule and if

such deviation is considered acceptable to the Purchaser,

the bid will be evaluated by calculating interest earned

for any earlier payments involved in the terms outlined in

the bid as compared with those stipulated in this

invitation

,

at the rate per annum specified in the

Bid

Data Sheet.

(d)

Cost of spare parts.

(i) The list of items and quantities of major assemblies,

components, and selected spare parts, likely to be required

during the initial period of operation specified in

the

Bid Data Sheet,

is annexed to the Technical

Specifications. The total cost of these items, at the unit

prices quoted in each bid, will be added to the bid price.

Or

(ii)

The Purchaser will draw up a list of high-usage and high-

value items of components and spare parts, along with

estimated quantities of usage in the initial period of

operation specified in the

Bid Data

Sheet.

The total cost

of these items and quantities will be computed from

spare parts unit prices submitted by the Bidder and added

to the bid price.

Or

(iii)

The Purchaser will estimate the cost of spare parts usage

in the initial period of operation specified in the

Bid

Data Sheet,

based on information furnished by each

Bidder, as well as on past experience of the Purchaser or

27.

Domestic

other purchasers in similar situations. Such costs shall be

added to the bid price for evaluation.

(e)

Spare parts and after sales service facilities in

T

anzania.

The cost to the Purchaser of establishing the minimum service

facilities and parts inventories, as outlined in the

Bid Data

Sheet

or elsewhere in the bidding documents, if quoted

separately, shall be added to the bid price.

(f)

Operating and maintenance costs.

Since the operating and maintenance costs of the goods under

procurement form a major part of the life cycle cost of the

equipment, these costs will be evaluated in accordance with

the criteria specified in the

Bid Data Sheet

or in the Technical

Specifications.

(g)

Performance and productivity of the equipment

(i)

Bidders shall state the guaranteed performance or

efficiency in response to the Technical Specification.

For each drop in the performance or efficiency below the

norm of 100, an adjustment for an amount specified in

the

Bid Data Sheet

will be added to the bid price,

representing the capitalized cost of additional operating

costs over the life of the plant, using the methodology

specified in the

Bid Data Sheet

or in the Technical

Specifications

Or

Oroooo

(ii)

Goods offered shall have a minimum productivity

specified under the relevant provision in the Technical

Specifications to be considered responsive. Evaluation

shall be based on the cost per unit of the actual

productivity of goods offered in the bid, and adjustment

will be added to the bid price using the methodology

specified in the

Bid Data Sheet

or in the Technical

Specifications.

(h)

Specific additional criteria

Other specific additional criteria to be considered in the

evaluation and the evaluation method shall be detailed in the

Bid Data Sheet

and

/

or the Technical Specifications.

Preference

27.1 If the

Bid Data Sheet

so specifies, the Purchaser will grant a margin of

preference to goods manufactured in Tanzania for the purpose of bid

comparison, in accordance with the procedures outlined in subsequent

paragraphs, provided the Bidder shall have established to the satisfaction of the

Purchaser that its bid complies with the criteria specified in

ITB

Sub-Clause

10.2 (a):

27.2 The Purchaser will first review the bids to confirm the

appropriateness of, and to modify as necessary, the bid group

classification to which bidders assigned their bids in preparing their

Bid Forms and Price Schedule, pursuant to ITB Clauses 10 and 11

.

27.3 All evaluated bids in each group will then be compared among

themselves to determine the lowest evaluated bid of each group.

The lowest evaluated bid of each group will next be compared with

the lowest evaluated bids of the other groups. If this comparison

results in a bid from

Group A

or

Group

B

(of ITB Sub-Clause 10.2)

being the lowest, it will be selected for contract award.

27.4 If, as a result of the preceding comparison, the lowest evaluated bid

is from

Group

C

(of ITB Sub-Clause 10.2) all Group

C

bids will

then be further compared with the lowest evaluated bid from Group

A, after adding to the evaluated bid price of the imported goods

offered in each Group C bid, for the purpose of this further

comparison only:

(a) the amount of customs duties and other import taxes that a

nonexempt

importer would have to pay for the importation of

goods offered in each Group C bid;

or

28. Contacting the

Purchaser

29. Post- qualification

30.

Award

Criteria

(b) fifteen (15) percent of the

CIF

(or

CIP

border point or

CIP

named place of destination, as the case may be) bid price of

such goods, if the customs duties and taxes exceed fifteen (15) percent of the

CIF (or CIP border point or CIP place of

destination) price of such goods.

If the Group A bid in the further comparison is the lowest, it will be

selected for award. If not, the lowest evaluated bid from Group

B,

as

determined from the comparison under

ITB

Clause 27.3 above, will be

selected for award.

28.1 From the time of bid opening to the time of contract award, if any

bidder wishes to contact the Purchaser on any matter related to the

bid, it should do so in writing.

28.2 Any effort by a Bidder to influence the Purchaser in its decisions on

bid evaluation

,

bid comparison, or contract award may result in the

rejection of the Bidder's bid.

29.1 The Purchaser will determine to its satisfaction whether the Bidder that is

selected as having submitted the lowest evaluated responsive bid is qualified

to perform the contract satisfactorily, in accordance with the criteria listed in

ITB Clause 13.3.

29.2 The determination will take into account the Bidder's financial,

technical, and production capabilities. It will be based upon an

examination of the documentary evidence of the Bidder's

qualifications submitted by the Bidder, pursuant to ITB Clause 13.3,

as well as such other information as the Purchaser deems necessary

and appropriate.

29.3 An affirmative determination will be a prerequisite for award of the

contract to the Bidder. A negative determination will result in

rejection of the Bidder's bid, in which event the Purchaser will

proceed to the next lowest evaluated bid to make a similar

determination of that Bidder's capabilities to perform satisfactorily.

F.

Award of Contract

30.1 Subject to ITB Clause 32, the Purchaser will award the contract to the

successful Bidder whose bid has been determined to be

substantially responsive and has been determined to be the lowest

evaluated bid, provided further that the Bidder is determined to be

qualified to perform the contract satisfactorily.

31. Purchaser's

Right to Vary

Quantities at

Time of Award

32. Purchaser

'

s

Right to

Accept Any

Bid and to

Reject Any

or All Bids

33. Notification of

Award

31.1 The Purchaser reserves the right at the time of contract award to

increase or decrease, by the percentage indicated in the

Bid Data

Sheet,

the quantity of goods and services originally specif

i

ed in the

Schedule of Requirements without any change in unit price or other

terms and conditions.

32.1 The Purchaser reserves the right to accept or reject any bid. and to

annul the bidding process and reject all bids at any time prior to

contract award, without thereby incurring any liability to the

affected Bidder or bidders.

33.

1

Prior to the expiration of the period of bid validity. the Purchaser will

notify the successful Bidder in writing by registered letter or by cable, to be

confirmed in writing by registered letter that its bid has been accepted.

33.2 Until a formal contract is prepared and executed notification of award

will constitute the formation of the Contract.

33.3 Upon the successful Bidder's furnishing of the performance security

pursuant to

ITB

Clause 35, the Purchaser will promptly notify the

name of the winning Bidder to each unsuccessful Bidder and will

discharge its bid security, pursuant to ITB Clause 15.

33.4 If

,

after notification of award, a Bidder wishes to ascertain the

grounds on which its bid was not selected, it should address its

request to the Purchaser. The Purchaser will promptly respond in

writing to the unsuccessful Bidder.

34. Signing of

Contract

34.1 At the same time as the Purchaser notifies the successful Bidder that

its bid has been accepted, the Purchaser will send the Bidder the

Contract Form provided in the bidding documents, incorporating all

agreements between the parties.

34.2 Within thirty (30) days of receipt of the Contract Form, the

successful Bidder shall sign and date the contract and return it to the

Purchaser

35. Performance

35.1 Within thirty (30) days of the receipt of notification of award from the

Security

Purchaser, the successful Bidder shall furnish the performance security

in accordance with the Conditions of Contract, in the

Security Form provided in the bidding documents, or in another form

acceptable to the Purchaser.

36. Corrupt or

Fraudulent

Practices

35.2 Failure of the successful Bidder to comply with the requirement of

ITB

Clause 34.2 or

ITB

Clause 35.1 shall constitute suf

fi

cient

grounds for the annulment of the award and forfeiture of the bid

security, in which event the Purchaser may make the award to the

next lowest evaluated Bidder or call for new bids.

36.1 The Government of the United Republic of Tanzania requires that public

authorities

and

procuring

entities(including

beneficiaries

of

Government

funded

projects

and

procurement)

as

well

as

bidders/suppliers/contractors

under

public

financed

contracts,

observe

the

highest

standard

of

ethics

during the procurement and execution such contracts.

In pursuance of this policy, the Government of the United Republic of

Tanzania:

(a) defines, for the purposes of this provision, the terms set

forth below as follows:

(i)

corrupt practice

means the offering, giving,

receiving or soliciting of any thing of value to

influence the action of a public official in the

procurement process or in contract execution; and

(ii)

fraudulent practice

means a misrepresentation of

facts in order to influence a procurement process or

the execution of a contract to the detriment of the

Employer, and includes collusive practice among

bidders (prior to or after bid submission) designed to

establish bid prices at artificial non-competitive levels

and to deprive the Employer of the benefits of free

and open competition;

(b) will reject a proposal for award if it determines that the

Bidder recommended for award has engaged in corrupt or

fraudulent practices in competing for the contract in

question;

(c)

will declare a firm ineligible, for a period of ten years,

to be awarded the contract if it at any time determines that the firm has

engaged in corrupt or fraudulent practices in competing for, or a public

financed in executing a contract.

36.2 Furthermore, bidders shall be aware of the provision stated in

Sub-Clause 24.1 of the General Conditions of Contract.

Section III: Bid Data Sheet

The following specific data for the goods to be procured shall complement

,

supplement, or amend the

provisions in the Instructions to Bidders (ITB). Whenever there is a conflict

,

the provisions herein

shall prevail over those in ITB.

ITB Clause

ITB 1.1

ITB 1.1

ITB 4.1

ITB 6.1

ITB 8

ITB 11.2 (a)

ITB 11.2 (b)

ITB 11.5

ITB 12

ITB 12.1 (a)

ITB 12.1 (b)

ITB 13.3 (d)

ITB 15

ITB 16

ITB 17

ITB 18.2(a)

Introduction

Name of Project:

Supply of Four X-Ray Machines to Tanzania Airports Authority.

Name of Contract:

Tender No.110 of 2003/2004 for Supply of Four X-Ray Machines to Tanzania

Airports Authority X-Ray Machines to Tanzania Airports Authority

Name of Purchaser:

Tanzania Airports Authority

Address of Purchaser:

Tanzania Airports Authority Headquarters, P. O. Box 18000, Dar-es-Salaam

International Airport,

Terminal One, Dar-es-Salaam,

TANZANIA.

Telephone:

+255 22 2842402/3

Facsimile:

+255 22 2844495

E-mail:

airports @

Language of the bid: English

Bid Price and Currency

The price quoted for goods from the purchaser

’

s country shall be EXW

The price for inland transportation, insurance and other local costs incidental to

delivery of goods to their final destination at the TAA Director General office,

Dar Es Salaam

The price quoted for goods offered from abroad shall be CIF Dar Es Salaam

The price for inland transportation, insurance and other local costs incidental to

delivery of the goods from port of entry to their final destination at the Tanzania

Airports Authority, Dar Es Salaam International Airport.

The price shall be fixed

Bid Currency:

Applicable

Applicable

Preparation and Submission of Bids

The manufacture

’

s authorization form must be dully signed by authorized

person as provided in the sample form attached in this document.

Bid Security Amount:

The amount of Bid Security shall be Tanzania Shillings Ten Million.

Bid Validity Period: Bid validity period should be ninety (90) days

Format & Signing of Bid:

The Bid shall be submitted in one original and two copies

Address for bid submission:

PPF Tower and Car Parking Arcade, 8

th

Floor

–

North Wing, Junction of Ohio

and Garden Avenue, P.O. Box 49, Dar Es Salaam,

Bids to be delivered either by hand or by registered post, or by courier clearly

indicating the physical address above.

ITB 18.2 (b)

ITB 19.1

ITB 22.1

ITB 25.2

ITB 26.4

ITB 26.5 (a)

ITB 26.5 (b)

ITB 26.5 (c)(ii)

ITB 27

Contract Award

ITB 31.1

IFB title and number: Tender No.110 of 2003/2004 for Supply of Four X-Ray Machines

to Tanzania Airports Authority.

Deadline for Submission:

Shall be 09.00 hours local time on Friday 26

th

August,2004

Time, date and Place for bid opening:

The Bids shall be opened and read in public at 09:00 hours local time on Friday

26

th

August,2004 in the Conference Room of Executive Secretary, the Central

Tender Board, PPF Tower and Car Parking Arcade, 8

th

Floor

–

North Wing,

Junction of Ohio and Garden Avenue, P.O. Box 49, Dar Es Salaam,

Bid Evaluation

Currency chosen for the purpose of converting to a common currency: Tanzanian

Shilling

Source of exchange: Bank of Tanzania

Date of exchange rate: Date of Bid Opening

Criteria for bid evaluation:

26.4(a), (b), (c), (d), (e)

Inland transportation from EXW/port of entry/border point to

[name

of Project site(s)],

and insurance and incidentals.

Delivery schedule:

Bids offering delivery beyond time specified in the schedule of requirements will be

treated as no responsive.

Deviation in payment schedule

Bids offering alternative payment schedules will be treated as not substantial responsive

Domestic preference not applicable

Percentage for quantity increase or decrease is allowed as fifteen (15)

percent.

Section IV. General Conditions of Contract

Table of Clauses

1. Definitions....................................... .................................................. ......................

.... .

29

2. Application

....

.......................... .................................................. .................................. .30

3. Country of Origin

..

..................................... .................................................. .............

…

30

4. Standards................... .................................................. ................................................. 30

5. Use of Contract Documents and Information; Inspection and Audit by the Bank .

…

30

6. Patent Rights .................................... .................................................. .......................

…

31

7. Performance Security........ .................................................. .......................................

…

31

8. Inspections and Tests......................................... .................................................. ...

…

... 31

9. Packing...................................

< br>.

................................... .................................................. 32

10. Delivery and Documents.... .................................................. ..................................... ... 32

11. Insurance.................... .................................................. ............................................... 32

12. Transportation............ .................................................. ................................................ 33

13. Incidental Services

..

................................. .................................................. ............. ..... 34

14. Spare Parts ............................................ .................................................. ................ .... 34

15. Warr anty

..

...................... .................................................. ....................................... ..... 34

16. Payment...................... .................................................. ...........................................

…

. 35

17. Prices

..

............................ .................................................. ............................................ 35

1

8. Change Orders..... .................................................. .................................................. ..... 36

19. Contract Amendments. .................................................. ................................................36

20. Assignment................... .................................................. ............................................. 36

21. Subcontracts................. .................................................. ..........................................

< br>…

. 36

22. Delays in the Supplier's Performance ....................... ...............................................

…

.36

23. Liquidated Damages ............................... .................................................. ..............

…

. 37

24. Termination for Default

..

................................ .................................................. ......

…

...37

25. Force Majeure..................................... .................................................. ....................... .38

26. Termination for Insolvency ....................... .................................................. ............... 38

27. Termination for Convenience ...................... .................................................. ...............39

28. Settlement of Disputes....................................... .................................................. .....

…

39

29. Limitation of Liability

..

... .................................................. ........................................... 40

30. Governing Language........... .................................................. ...................................

…

..40

31. Applicable Law.. .................................................. .................................................. ...

…

.

40

32. Notices...................... .................................................. ................................................. 40

33. Taxes and Duties ......... .................................................. ...........................................

…

40

General Conditions of Contract

1. Definitions

1.1 In this Contract, the following terms shall be interpreted as

indicated:

(a)

the Purchaser and the Supplier, as recorded in the Contract

Form signed by the parties, including all attachments and

appendices thereto and all documents incorporated by

reference therein.

(b)

Supplier under the Contract for the full and proper

performance of its contractual obligations.

(c)

and/or other materials, which the Supplier is required to

supply to the Purchaser under the Contract.

(d)

of the Goods, such as transportation and insurance, and any

other incidental services, such as installation,

commissioning, provision of technical assistance, training,

and other such obligations of the Supplier covered under

the Contract.

(e)

contained in this section.

(f)

(g)

Goods, as

named in SCC.

(h)

‘

Government

’

means the Government of the United Republic of

Tanzania

’

(i)

Goods and Services under this Contract and

named in

scc.

(j)

places

named in SCC.

(k)

2. Application

3. Country of

Origin

4. Standards

5.

Use of

C

ontract

Documents

And

Information

6. Patent Rights

7. Performance

Security

2.1 These General Conditions shall apply to the extent that they are

not superseded by provisions of other parts of the Contract.

3.1 All Goods and Services supplied under the Contract shall have

their origin in the countries

and territories eligible under the

rules

of which are not

declared

ineligible

by

the

United

Nations

Organization

as

further

elaborated

in

the

SCC.

3.2 For purposes of this Clause,

Goods were mined, grown

,

or produced, or from which the

Services are supplied. Goods are produced when, through

manufacturing, processing, or substantial and major assembly of

components, a commercially recognized new product results that

is substantially different in basic characteristics or in purpose or

utility from its components.

3.3 The origin of Goods and Services is distinct from the nationality

of the Supplier.

4.1 The Goods supplied under this Contract shall conform to the

standards mentioned in the Technical Specifications, and, when

no applicable standard is mentioned, to the authoritative

standards appropriate to the Goods' country of origin. Such

standards shall be the latest issued by the concerned institution.

5.1 The Supplier shall not, without the Purchaser's prior written

consent, disclose the Contract, or any provision thereof, or any

specification, plan, drawing, pattern, sample, or information

furnished by or on behalf of the Purchaser in connection

therewith, to any person other than a person employed by the

Supplier in the performance of the Contract. Disclosure to any

such employed person shall be made in confidence and shall

extend only so far as may be necessary for purposes of such

performance.

5.2 The Supplier shall not, without the Purchaser's prior written

consent, make use of any document or information enumerated

in GCC Clause 5.1 except for purposes of performing the

Contract.

5.3 Any document, other than the Contract itself, enumerated in

GCC Clause 5.1 shall remain the property of the Purchaser and

shall be returned (all copies) to the Purchaser on completion of

the Supplier's performance under the Contract if so required by

the Purchaser.

5.4 The supplier shall permit the Government to inspect the suppliers accounts and

records relating to the performance of the supplier and to have them audited by the

auditors appointed by the Government, if so required by the Government

6.1 The Supplier shall indemnify the Purchaser against all third-party

claims of infringement of patent, trademark, or industrial design

rights arising from use of the Goods or any part thereof in the

United Republic of Tanzania.

7.1 Within thirty (30) days of receipt of the notification of Contract

award, the successful Bidder shall furnish to the Purchaser the

8. Inspections

and Tests

9. Packing

performance security in the amount

specified in SCC

.

7.2

The proceeds of the performance security shall be payable to the

Purchaser as compensation for any loss resulting from the

Supplier's failure to complete its obligations under the Contract.

7.3

The performance security shall be denominated in the currency

of the Contract, or in a freely convertible currency acceptable to

the Purchaser and shall be in one of the following forms:

(a) a bank guarantee or an irrevocable letter of credit issued by

a reputable bank located in the Purchaser's country or

abroad, acceptable to the Purchaser, in the form provided in

the bidding documents or another form acceptable to the

Purchaser; or

(b)

A cashier's or certified check.

7.4 The performance security will be discharged by the Purchaser

and returned to the Supplier not later than thirty (30) days

following the date of completion of the Supplier's performance

obligations under the Contract, including any warranty

obligations, unless

specified otherwise in SCC.

8.1 The Purchaser or its representative shall have the right to inspect

and/or to test the Goods to confirm their conformity to the

Contract specifications at no extra cost to the Purchaser.

SCC

and the

Technical Specifications

shall specify what

Inspections

and Tests

the Purchaser requires and where they are to be

conducted. The Purchaser shall notify the Supplier in writing, in

a timely manner, of the identity of any representatives retained

for these purposes.

8.2 The inspections and tests may be conducted on the premises of

the Supplier or its subcontractor(s), at point of delivery, and/or at

the Goods' final destination. If conducted on the premises of the

Supplier or its subcontractor(s), all reasonable facilities and

assistance, including access to drawings and production data,

shall be furnished to the inspectors at no charge to the Purchaser.

8.3 Should any inspected or tested Goods fail to conform to the

Specifications, the Purchaser may reject the Goods, and the

Supplier shall either replace the rejected Goods or make

alterations necessary to meet specification requirements free of

cost to the Purchaser.

8.4 The Purchaser's right to inspect, test and, where necessary, reject

the Goods after the Goods' arrival in the Purchaser's country

shall in no way be limited or waived by reason of the Goods

having previously been inspected, tested, and passed by the

Purchaser or its representative prior to the Goods' shipment from

the country of origin.

8.5 Nothing in

GCC

Clause 8 shall in any way release the Supplier

from any warranty or other obligations under this Contract.

9.1 The Supplier shall provide such packing of the Goods as is

required to prevent their damage or deterioration during transit to

their

final

destination, as indicated in the Contract. The packing