Supply of Stationary
Supply of Stationary
Bidding Document
For the
Procurement of Supplies, services and civil works for pre-
qualification
For Framework Contracts
drafted from the Standard Bidding Document for Supplies issued by PPDA June 2003.
Framework Contract Preface Document: supply of printed and general stationary under framework contrac
Standard Bidding Document
Table of Contents
Part 3 – Contract
drafted from the Standard Bidding Document for Supplies issued by PPDA June 2003.
Framework Contract Preface Document: supply of printed and general stationary under framework contrac
Part 1
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Part 1: Section 1 Instructions To Bidders
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Section 1.
Instructions to Bidders
A General
1. Scope of Bid
1.1 The Procuring and Disposing Entity indicated in the Bid Data Sheet (BDS), invites
bids for the provision of Supplies and related Services incidental thereto as
specified in Section 6, Statement of Requirements. Bids are invited for an estimated
quantity of Supplies, as specified in Section 6, Statement of Requirements, under a
framework contract arrangement. The Instructions to Bidders should be read in
conjunction with the BDS. The subject and procurement reference number, and
number of lots of this Bidding Document are provided in the BDS.
1.2 Throughout these Bidding Documents:
(a) the term “in writing” means communicated in written form with proof of
receipt;
(b) if the context so requires, singular means plural and vice versa; and
(c) “day” means calendar day.
2. Source of Funds
2.1 The Procuring and Disposing Entity indicated in the BDS has an approved budget
from Government funds towards the cost of the procurement named in the BDS.
The Procuring and Disposing Entity intends to use these funds to place a contract
for which these Bidding Documents are issued.
2.2 Payments will be made directly by the Procuring and Disposing Entity for each call-
off order and will be subject in all respects to the terms and conditions of the
resulting contract placed by the Procuring and Disposing Entity.
3. Corrupt Practices
3.1 It is the Government of Uganda’s policy to require that Procuring and Disposing
Entities, as well as Bidders and Providers observe the highest standards of ethics
during procurement and the execution of contracts. In pursuit of this policy, the
Government of Uganda represented by the Public Procurement and Disposal of
Public Assets Authority (herein referred to as the Authority);
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
(i) (i)“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
(ii) (ii)“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 Procuring and Disposing Entity, and includes collusive
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B. Bidding Document
6. Contents of Bidding Document
6.1 The Bidding Document consists of Parts 1, 2, and 3, which include all the Sections
indicated below, and should be read in conjunction with any addenda issued in
accordance with ITB Clause 8.
PART 1 Bidding Procedures
• Section 1. Instructions to Bidders (ITB)
• Section 2. Bid Data Sheet (BDS)
• Section 3. Evaluation Methodology and Criteria
• Section 4. Bidding Forms
• Section 5. Eligible Countries
PART 2 Statement of Requirements
• Section 6. Statement of Requirements
PART 3 Contract
• Section 7. General Conditions of Contract (GCC) for the Procurement of
Supplies
• Section 8. Special Conditions of Contract (SCC)
• Section 9. Contract Forms
6.2 The Bid Notice or any Pre-qualification Notice is not part of the Bidding Document.
6.3 Bidders who did not obtain the Bidding Document directly from the Procuring and
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C. Preparation of Bids
9. Cost of Bidding
9.1 The Bidder shall bear all costs associated with the preparation and submission of its
bid, and the Procuring and Disposing Entity shall not be responsible or liable for
those costs, regardless of the conduct or outcome of the bidding process.
10. Language of Bid and Communications
10.1 The medium of communication shall be in writing unless otherwise specified in the
BDS.
10.2 The bid, as well as all correspondence and documents relating to the bid exchanged
by the Bidder and the Procuring and Disposing Entity, shall be written in English
unless otherwise specified in the BDS.
10.3 Supporting documents and printed literature that are part of the bid may be in
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Providers;
(i) a declaration that the Bidder, including all parties comprising the Bidder, is
not participating, as a Bidder, in more than one bid in this bidding process;
except for alternative bids in accordance with ITB Clause 13;
(j) confirmation that the Bidder has not been suspended by the Authority;
(k) a declaration on gratuities and commissions; and
(l) an authorised signature.
12.2 The Bidder shall submit the Price Schedule for Supplies and Related Services, using
the format provided in Section 4, Bidding Forms. The Price Schedule shall include,
as appropriate:
(a) the item number;
(b) a brief description of the Supplies or Related Services to be supplied;
(c) their country of origin and percentage of Ugandan content;
(d) the quantity, which shall be the estimated quantity specified in Section 6,
Statement of Requirements;
(e) the unit prices;
(f) customs duties and all taxes paid or payable in Uganda;
(g) the total price per item;
(h) subtotals and totals per Price Schedule; and
(i) an authorised signature.
13. Alternative Bids
13.1 Alternative bids shall not be considered unless otherwise indicated in the BDS.
13.2 Where permitted, alternative bids do not need to conform precisely to the Statement
of Requirements, but must -
(a) meet the objectives and/or performance requirements prescribed in the
Statement of Requirements;
(b) be substantially within any delivery or completion schedule, budget or other
performance parameters stated in the solicitation document; and
(c) clearly state the benefits of the alternative bid over any solution which
conforms precisely to the Statement of Requirements, in terms of technical
performance, price, operating costs or any other benefit.
13.3 A bidder may submit both a main bid which conforms precisely to the Statement of
Requirements and an alternative bid.
13.4 Where a bidder submits more than one bid, each bid shall be submitted as a
completely separate bid and shall conform to the instructions for preparation and
submission of bids in its own right, without any reliance on any other bid. In
particular, each bid shall be separately signed, authorised, sealed, labelled and
submitted in accordance with the instructions for submission of bids and shall be
accompanied by a separate Bid Security, if so required. Such bids shall be labelled
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14.7 Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
Contract and not subject to variation on any account, unless otherwise specified in
the BDS. A bid submitted with an adjustable price quotation shall be treated as non
responsive and shall be rejected, pursuant to ITB Clause 30. However, if in
accordance with the BDS, prices quoted by the Bidder shall be subject to adjustment
during the performance of the Contract, a bid submitted with a fixed price quotation
shall not be rejected, but the price adjustment shall be treated as zero.
14.8 If so indicated in ITB Sub-Clause 1.1, bids are being invited for individual contracts
(lots) or for any combination of contracts (packages). Bidders wishing to offer any
price reduction for the award of more than one Contract shall specify in their bid the
price reductions applicable to each package, or alternatively, to individual Contracts
within the package. Price reductions or discounts shall be submitted in accordance
with ITB Sub-Clause 14.4, provided the bids for all lots are submitted and opened at
the same time.
15. Currencies of Bid
15.1 Bid prices shall be quoted in the following currencies:
(a) for Supplies and Related Services originating in Uganda, the bid prices shall
be quoted in the currency of Uganda, unless otherwise specified in the BDS;
and
(b) for Supplies and Related Services originating outside Uganda, or for imported
parts or components of Supplies and Related Services originating outside
Uganda, the bid prices shall be quoted in the currency of the expense or in the
currency of the Bidder’s country unless otherwise specified in the BDS.
15.2 Alternatively, the Procuring and Disposing Entity may request that prices quoted be
expressed in the currency specified in the BDS. If the Bidder wishes to be paid in a
currency or a combination of currencies different from the one in which it was
requested to express its quotation, it shall as part of its offer:
(ix) (a)indicate its requirement to be paid in other currencies, including the
amount in each currency or the percentage of the quoted price corresponding
to each currency;
(x) (b)justify, to the Procuring and Disposing Entity’s satisfaction, the
requirement to be paid in the currencies requested; and
(xi) (c)utilise the rate of exchange specified by the Procuring and Disposing
Entity to express its offer in the currency required by the Procuring and
Disposing Entity. The source, date, and type of exchange rate to be used is
indicated in the BDS, in accordance with ITB Clause 34, and shall not precede
the bid submission deadline by less than twenty (20) days.
16. Documents Establishing the Eligibility of the Bidder
16.1 To establish their eligibility in accordance with ITB Clause 4, Bidders shall
complete the eligibility declarations in the Bid Submission Sheet, included in
Section 4, Bidding Forms and submit the documents required in Section 3
Evaluation Methodology and Criteria.
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22.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or
initialled by the person signing the bid.
notices do not require copies), and in addition, the respective envelopes shall be
clearly marked “WITHDRAWAL,” or “REPLACEMENT,” and
(b) received by the Procuring and Disposing Entity prior to the deadline prescribed for
submission of bids, in accordance with ITB Clause 24.
26.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 26.1 shall be
returned unopened to the Bidder.
26.3 No bid may be withdrawn or replaced 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 Submission Sheet or any extension thereof.
26.4 Bids may only be modified by withdrawal of the original bid and submission of a
replacement bid in accordance with ITB Sub-Clause 26.1. Modifications submitted
in any other way shall not be taken into account in the evaluation of bids.
27. Bid Opening
27.1 The Procuring and Disposing Entity shall conduct the bid opening in the presence of
Bidders` designated representatives who choose to attend, at the address, date and
time specified in the BDS.
27.2 First, envelopes marked “WITHDRAWAL” shall be opened and read out and the
envelope with the corresponding bid shall not be opened, but returned to the Bidder.
No bid withdrawal shall be permitted unless the corresponding withdrawal notice
contains a valid authorisation to request the withdrawal and is read out at the bid
opening.
All other envelopes including those marked “REPLACEMENT” shall be opened
and the relevant details read out. Replacement bids shall be recorded as such on the
record of the bid opening.
Only envelopes that are opened and read out at the bid opening shall be considered
further.
27.3 All other envelopes shall be opened one at a time, reading out: the name of the
Bidder; the bid price, per lot where applicable, including any discounts; the
presence of a Bid Security, if required; and any other details that the Procuring and
Disposing Entity may consider appropriate. Only discounts and alternative offers
read out at the bid opening shall be considered for evaluation. No bid shall be
rejected at the bid opening except for late bids, in accordance with ITB Sub-Clause
25.1.
27.4 The Procuring and Disposing Entity shall prepare a record of the bid opening that
shall include, as a minimum: the name of the Bidder and whether there is a
withdrawal and/or replacement; the bid price, per lot if applicable, including any
discounts; and the presence or absence of a Bid Security, if one was required. The
Bidders’ representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents and
effect of the record. A copy of the record shall be distributed to Bidders upon
payment of a fee and displayed on the Procuring and Disposing Entity’s Notice
Board within one working day from the date of the bid opening.
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E. Evaluation of Bids
28. Confidentiality
28.1 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.
28.2 Any effort by a Bidder to influence the Procuring and Disposing Entity in the
examination, evaluation, comparison, and post-qualification of the bids or contract
award decisions may result in the rejection of its bid.
28.3 Notwithstanding ITB Sub-Clause 28.2, from the time of bid opening to the time of
Contract award, if any Bidder wishes to contact the Procuring and Disposing Entity
on any matter related to the bidding process, it should do so in writing.
29. Clarification of Bids
29.1 To assist in the examination, evaluation, comparison and post-qualification of the
bids, the Procuring and Disposing Entity may, at its discretion, ask any Bidder for a
clarification of its bid. Any clarification submitted by a Bidder that is not in
response to a request by the Procuring and Disposing Entity shall not be considered.
The Procuring and Disposing Entity’s request for clarification and the response
shall be in writing. No change in the prices or substance of the bid shall be sought,
offered, or permitted, except to confirm the correction of arithmetic errors
discovered by the Procuring and Disposing Entity in the evaluation of the bids, in
accordance with ITB Clause 31.4.
30. Compliance and Responsiveness of Bids
30.1 The Procuring and Disposing Entity’s determination of a bid’s compliance and
responsiveness is to be based on the contents of the bid itself.
30.2 A substantially compliant and responsive bid is one that conforms to all the terms,
conditions, and specifications of the Bidding Documents without material deviation,
reservation, or omission. A material deviation, reservation, or omission is one that:
(a) affects in any substantial way the scope, quality, or performance of the
Supplies and Related Services specified in the Contract; or
(b) limits in any substantial way, inconsistent with the Bidding Document, the
Procuring and Disposing Entity’s rights or the Bidder’s obligations under the
Contract; or
(c) if rectified would unfairly affect the competitive position of other Bidders
presenting substantially compliant and responsive bids.
30.3 If a bid is not substantially compliant and responsive to the Bidding Document, it
shall be rejected by the Procuring and Disposing Entity and may not subsequently
be made compliant and responsive by the Bidder by correction of the material
deviation, reservation, or omission.
31. Nonconformities, Errors, and Omissions
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31.1 Provided that a bid is substantially compliant and responsive, the Procuring and
Disposing Entity may waive any non-conformity or omissions in the bid that does
not constitute a material deviation.
31.2 Provided that a bid is substantially compliant and responsive, the Procuring and
Disposing Entity may request that the Bidder submit the necessary information or
documentation, within a reasonable period of time, to rectify nonmaterial
nonconformities or omissions in the bid related to documentation requirements.
Such omission shall not be related to any aspect of the price of the bid. Failure of
the Bidder to comply with the request may result in the rejection of its bid.
31.3 Provided that a bid is substantially compliant and responsive, the Procuring and
Disposing Entity shall rectify nonmaterial nonconformities or omissions. To this
effect, the bid price shall be adjusted, for comparison purposes only, to reflect the
price of the missing or non-conforming item or component. The cost of any
missing items will be added to the bid price using the highest price from other Bids
submitted.
31.4 Provided that the bid is substantially compliant and responsive, the Procuring and
Disposing Entity shall correct arithmetic errors on the following basis:
(a) 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, unless in the opinion of the Procuring
and Disposing Entity there is an obvious misplacement of the decimal point in
the unit price, in which case the total price as quoted shall govern and the unit
price shall be corrected;
(b) if there is an error in a total corresponding to the addition or subtraction of
subtotals, the subtotals shall prevail and the total shall be corrected; and
(c) if there is a discrepancy between words and figures, the amount in words shall
prevail, unless the amount expressed in words is related to an arithmetic error,
in which case the amount in figures shall prevail subject to (a) and (b) above.
31.5 If the Bidder that submitted the best evaluated bid does not accept the correction of
errors, its bid shall be rejected and its Bid Security may be forfeited.
32. Preliminary Examination of Bids – Eligibility and Administrative Compliance
32.1 The Procuring and Disposing Entity shall examine the legal documentation and
other information submitted by Bidders to verify the eligibility of Bidders and
Supplies and related services in accordance with ITB Clauses 4 and 5.
32.2 If after the examination of eligibility, the Procuring and Disposing Entity determines
that the Bidder, the Supplies and/or the related Services are not eligible, it shall
reject the bid.
32.3 The Procuring and Disposing Entity shall examine the bids to confirm that all
documents and technical documentation requested in ITB Clause 11 have been
provided, and to determine the completeness of each document submitted.
32.4 The Procuring and Disposing Entity shall confirm that the following documents and
information have been provided in the bid. If any of these documents or
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F. Award of Contract
40. Award Procedure
40.1 The Procuring Entity shall issue a Notice of Best Evaluated Bidder, place such
Notice on public display for a prescribed period and copy the Notice to all Bidders
prior to proceeding with contract award.
40.2 The Procuring and Disposing Entity shall award the Contract to the Bidder whose
offer has been determined to be the best evaluated bid, provided that the Bidder is
determined to be qualified to perform the Contract satisfactorily.
40.3 The Contract shall be a Framework Contract and shall not purchase the quantities
specified, with the exception of any contract value specified as a minimum.
Supplies shall be purchased through call-off orders, in accordance with the
Contract.
41. Procuring and Disposing Entity’s Right to Vary Quantities at Time of Award
41.1 At the time the Contract is awarded, the Procuring and Disposing Entity reserves the
right to increase or decrease the estimated quantity or minimum value of Supplies
and Related Services originally specified in Section 6, Statement of Requirements,
provided this does not exceed the percentages indicated in the BDS, and without
any change in the unit prices or other terms and conditions of the bid and the
Bidding Document.
42. Notification of Award and Letter of Bid Acceptance
42.1 Prior to the expiration of the period of bid validity, the Procuring and Disposing
Entity shall notify the successful Bidder, in writing, that its bid has been accepted
by issue of a Letter of Bid Acceptance.
42.2 Until a formal contract is prepared and executed, the Letter of Bid Acceptance shall
constitute a binding Contract.
43. Signing of Contract
43.1 Promptly after notification of contract award by the issue of a Letter of Bid
Acceptance, the Procuring and Disposing Entity shall send the successful Bidder the
Agreement and the Special Conditions of Contract.
43.2 Within twenty-eight (28) days of receipt of the Agreement, the successful Bidder
shall sign, date, and return it to the Procuring and Disposing Entity.
44. Performance Security
44.1 Within twenty-eight (28) days of the receipt of the Letter of Bid Acceptance from
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the Procuring and Disposing Entity, the successful Bidder shall furnish any
Performance Security required in accordance with the GCC, using for that purpose
the Performance Security Form included in Section 9, Contract Forms, or another
form acceptable to the Procuring and Disposing Entity.
44.2 Failure of the successful Bidder to submit the above-mentioned Performance
Security or sign the Contract shall constitute sufficient grounds for the annulment of
the contract award and forfeiture of the Bid Security. In that event, the Procuring
and Disposing Entity may award the Contract to the next best evaluated Bidder who
is determined by the Procuring and Disposing Entity to be qualified to perform the
Contract satisfactorily.
A. General
ITB 1.1 The Procuring and Disposing Entity is: Kalangala District Local
Government
ITB 1.1 The subject of procurement is a framework contract for: SUPPLY OF
PRINTED STATIONARY, GENERAL OFFICE
STATIONARY, EXAMS, CERTIFICATES, REVENUE
STATIONARY AND COMPUTER CONSUMBLES
ITB 1.1 The Procurement Reference number of the Bidding Document is :
KALA515/SUPLS/19-20/00003
ITB 1.1 The number and identification of lots comprising this Bidding Document
is: N/A
ITB 5.5 The Bidder is required to include with its Bid, documentation from the
Manufacturer of the Supplies, that it has been duly authorised to supply,
in Uganda, the Supplies indicated in its bid by submitting the
Manufacturers Authorisation Form in Section 4 Bidding Forms. N/A
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Instructions to
Bidders Data relevant to the ITB
Reference
B. Bidding Document
ITB 7.1 For clarification purposes only, the Procuring and Disposing Entity’s
address is: Kalangala District Local Government
Attention: Head Procurement & Disposal Unit
Street Address: Kalangala main Road
Floor: N/A
Town/City: Kalangala
Postal Code/PO Box No: 2 Kalangala
Country: Uganda
Telephone: +256 782-870060
Facsimile number:
Electronic mail address: procurementkalangala@yahoo.co.uk
ITB 7.1 The Procuring and Disposing Entity will respond to any request for
clarification provided that such request is received no later than 7 days
prior to the deadline for submission of Bids.
C. Preparation of Bids
ITB 10.1 The medium of communications shall be in writing.
ITB 10.2 The language for the bid is English.
ITB 11.1(h) The Bidder shall submit with its bid the following additional documents:
(h) N/A
ITB 13.1 Alternative Bids are not be permitted.
ITB 14.5 The Incoterms edition is: 2000 Version
ITB 14.6(a)(i) For Supplies, the Bidder shall quote prices using the following Incoterms:
Total Price Delivered or Duty Delivered and Paid (DDP) Kalangala
District Local Government - Headquarters
ITB 14.7 The prices quoted by the Bidder shall be: Uganda Shillings
ITB 15.1(a) For Supplies and Related Services originating in Uganda the currency of
the bid shall be: Uganda Shillings Only
ITB 15.1(b) For Supplies and Related Services originating outside of Uganda the
currency of the bid shall be: Uganda Shillings Only
ITB 20.1 The bid validity period shall be 60 calendar days.
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Instructions to
Bidders Data relevant to the ITB
Reference
E. Evaluation of Bids
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Instructions to
Bidders Data relevant to the ITB
Reference
ITB 34.1 The currency that shall be used for financial comparison purposes to
convert all bid prices expressed in various currencies into a single
currency is:
The source of exchange rate shall be: Bank of Uganda or URA monthly
Published rate
The date for the exchange rate shall be: Date of Bid Opening
F. Award of Contract
ITB 41.1 The percentage by which the estimated quantity or minimum value may
be increased is: 25%
The percentage by which the estimated quantity or minimum value may
be decreased is: 25 %
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2.1 The Technical Compliance Selection methodology recommends the lowest priced
bid, which is eligible, compliant and substantially responsive to the technical and
commercial requirements of the Bidding Document, provided that the Bidder is
determined to be qualified to perform the contract satisfactorily.
2.2 The evaluation shall be conducted in three sequential stages –
(a) a preliminary examination to determine the eligibility of bidders and the
administrative compliance of bids received;
(b) a detailed evaluation to determine the commercial and technical
responsiveness of the eligible and compliant bids; and
(c) a financial comparison to compare costs of the eligible, compliant,
responsive bids received and determine the best evaluated bid.
2.3 Failure of a bid at any stage of the evaluation shall prevent further consideration at
the next stage of evaluation. Substantial responsiveness shall be considered a
pass.
B Preliminary Examination Criteria
3 Eligibility Criteria
3.1 The eligibility requirements shall be determined for:-
(a) Eligible Bidders in accordance with ITB Clause 4; and
(b) Eligible Supplies and Related Services in accordance with ITB Clause 5.
3.2 The documentation required to provide evidence of eligibility shall be:-
(a) a copy of the Bidder’s Trading licence 2020.
(b) a copy of the Bidder’s Certificate of Registration;
(c) a copy of the Bidder’s income tax clearance certificate for FY 2019/2020
equivalent;
(d) a copy of TIN certificate from Uganda Revenue Authority
(e) a statement in the Bid Submission Sheet that the bidder meets the
eligibility criteria stated in ITB 4.1;
(f) a declaration in the Bid Submission Sheet of nationality of the Bidder;
(g) a completed Price Schedule containing the declaration of the origin of the
Supplies;
(h) a statement in the Bid Submission Sheet that the Bidder has no conflict of
interest;
(i) a declaration in the Bid Submission Sheet that the Bidder is not under
suspension by the Public Procurement and Disposal of Public Assets
Authority;
(j)
4 Administrative Compliance Criteria
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(b) written confirmation authorizing the signatory of the bid to commit the
Bidder, in accordance with ITB Clause 20;
(c) a priced Activity Schedule in accordance with ITB Clauses 15 and 16;
(d) a copy of certificate of registration for CBO or constitution or MOU
(e) a copy of company form 7 or form 20 showing clearly the directors
registered with URBS
(f) proposed bid validity period as per ITB 17.1
(g) Required number of copies as per ITB 20.1.
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Table of Forms
Bid Security 35
Manufacturer’s Authorisation 37
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[This Bid Submission Sheet should be on the letterhead of the Bidder and should be signed by a
person with the proper authority to sign documents that are binding on the Bidder]
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(h) If our bid is accepted, we commit to obtain a Performance Security in accordance with
the Bidding Document in the amount of [insert amount and currency in words and
figures of the performance security] for the due performance of the Contract;
(i) We, including any subcontractors or Providers for any part of the contract, have
nationals from the following eligible countries [insert the nationality of the Bidder,
including that of all parties that comprise the Bidder, if the Bidder is a Joint Venture
consortium or association, and the nationality of each subcontractor];
(j) We undertake to abide by the Code of Ethical Conduct for Bidders and Providers
during the procurement process and the execution of any resulting contract;
(k) We are not participating, as Bidders, in more than one bid in this bidding process, other
than alternative bids in accordance with the Bidding Document;
(l) We do not have any conflict of interest and have not participated in the preparation of
the original Statement of Requirements for the Procuring and Disposing Entity;
(m) We, our affiliates or subsidiaries, including any subcontractors or Providers for any
part of the contract, have not been suspended by the Public Procurement and Disposal
of Public Assets Authority in Uganda from participating in public procurement;
(n) The following commissions, gratuities, or fees have been paid or are to be paid with
respect to the bidding process or execution of the Contract: [insert complete name of
each Recipient, their full address, the reason for which each commission or gratuity
was paid and the amount and currency of each such commission or gratuity. If none
has been paid or is to be paid, indicate “none.”] ]
Name of Recipient Address Reason Amount &
Currency
PO BOX 2
KALANGALA KALANGALA SHORTLISTING 100,000/=
DISTRICT LOCAL DOCUMENT
GOVERNMENT
(l) We understand that this bid , together with your written acceptance thereof included
in your Letter of Bid Acceptance, shall constitute a binding contract between us, until
a formal contract is prepared and executed;
(m) We understand that you are not bound to accept the lowest bid or any other bid that
you may receive.
Signed: [signature of person whose name and capacity are shown below ]
Name: [insert complete name of person signing the bid]
In the capacity of [insert legal capacity of person signing the bid]
Duly authorised to sign the bid for and on behalf of:
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Signed............................................................
Name..............................................................
In the capacity of......................................
Dated on ____________ day of __________________, _______ [insert date of signing]
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[This Price Schedule should be signed by a person with the proper authority to sign documents for
the Bidder. It should be included by the Bidder in its bid. The Bidder may reproduce this in
landscape format but is responsible for its accurate reproduction].
1 2 3 4 5 6 7 8
2
Item No. Supplies Country Percent of Estimated Unit price Import Total Price
or Related of origin Ugandan Quantity Duties,
Services origin 1 (No. of Sales and
units) other
taxes per
unit 2
1
2
3
(list all
lubricants
a company
can
provide
and price
as per the
table)
Signed: .........................................................................
Name: ................................................................
In the capacity of :....................................
Duly authorised to sign the bid for and on behalf of: .....................................................
1
In accordance with margin of preference ITB Clause 35, if applicable
2
In accordance with ITB Clauses 14 and 15
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[This Bid Security should be on the letterhead of the issuing Financial Institution and should be
signed by a person with the proper authority to sign the Bid Security. It should be included by the
Bidder in its bid, if so indicated in the BDS].
Bid Security
Date: [insert date (as day, month and year) of bid submission]
Procurement Reference No.: [insert Procurement Reference
number]
To: [insert complete name of Procuring and Disposing Entity]
Whereas [insert complete name of Bidder] (hereinafter “the Bidder”) has submitted its bid
dated [insert date (as day, month and year) of bid submission] for Procurement Reference
number [insert Procurement Reference number] for the supply of [insert brief description
of the Supplies and Related Services], hereinafter called “the bid .”
KNOW ALL PEOPLE by these presents that WE [insert complete name of institution
issuing the Bid Security], of [insert city of domicile and country of nationality] having our
registered office at [insert full address of the issuing institution] (hereinafter “the
Guarantor”), are bound unto [insert complete name of the Procuring and Disposing Entity]
(hereinafter “the Procuring and Disposing Entity”) in the sum of [specify in words and
figures the amount and currency of the bid security, for which payment well and truly to
be made to the aforementioned Procuring and Disposing Entity, the Guarantor binds itself,
its successors or assignees by these presents. Sealed with the Common Seal of this
Guarantor this [insert day in numbers] day of [insert month], [insert year].
THE CONDITIONS of this obligation are the following:
1. If the Bidder withdraws its bid during the period of bid validity specified by the Bidder
in the Bid Submission Sheet, except as provided in ITB Sub-Clause 20.2; or
2. If the Bidder, having been notified of the acceptance of its bid by the Procuring and
Disposing Entity, during the period of bid validity, fails or refuses to:
(a) sign the Contract in accordance with ITB Clause 43; or
(b) furnish the Performance Security, in accordance with the ITB Clause 44; or
(c) accept the correction of its bid by the Procuring Entity, pursuant to ITB Clause
31;
we undertake to pay the Procuring and Disposing Entity up to the above amount
upon receipt of its first written demand, without the Procuring and Disposing Entity
having to substantiate its demand, provided that in its demand the Procuring and
Disposing Entity states that the amount claimed by it is due to it, owing to the
occurrence of one or more of the above conditions, specifying the occurred
conditions.
This security shall remain in force up to and including twenty-eight (28) days after the
period of bid validity, and any demand in respect thereof should be received by the
Guarantor no later than the above date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458.
Signed: [insert signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the Security ]
In the capacity of [insert legal capacity of person signing the Security]
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Duly authorised to sign the Security for and on behalf of: [insert complete name of the
Financial Institution]
Dated on ______ day of _____________, _______ [insert date of signing]
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[This Authorisation should be on the letterhead of the Manufacturer and should be signed
by a person with the proper authority to sign such an Authorisation. It should be included
by the Bidder in its bid, if so indicated in the BDS].
Manufacturer’s Authorisation
Date: [insert date (as day, month and year) of bid submission]
Procurement Reference No.: [insert Procurement Reference Number]
To: [insert complete name of Procuring and Disposing Entity]
Signed: [signature of person whose name and capacity are shown below]
Name: [insert complete name of person signing the Manufacturer’s Authorisation ]
Duly authorised to sign the Manufacturer’s Authorisation for and on behalf of: [insert
complete name of Manufacturer]
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All countries are eligible except countries subject to the following provisions.
A country shall not be eligible if:
Contents
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STATIONARY
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The attached commodity specific conditions will form an integral part of any resulting
contract.
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The detailed technical evaluation will examine the technical specification of the items
offered in column c and determine whether this meets the minimum specification in
column b. Bidders must complete column c or the bid will be rejected. Bidders are
required to include technical literature to support the details provided in column c.
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Inspection agency;
Notifications or documentation
required from the provider;
Provision of any samples for
inspection;
Cost of the inspection;
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Section 7.
General Conditions of Contract for the
Procurement of Supplies (June 2003)
Table of Clauses
1. Definitions.......................................................................................................................... 56
2. Contract Documents......................................................................................................... 57
3. Corrupt Practices.............................................................................................................. 57
4. Interpretation.................................................................................................................... 58
5. Language............................................................................................................................ 58
7. Eligibility............................................................................................................................ 59
8. Notices................................................................................................................................ 59
9. Governing Law.................................................................................................................. 59
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19. Copyright....................................................................................................................... 62
21. Subcontracting...............................................................................................................62
24. Insurance........................................................................................................................63
25. Transportation...............................................................................................................63
28. Warranty........................................................................................................................65
35. Termination................................................................................................................... 68
36. Assignment.....................................................................................................................69
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Section 7.
General Conditions of Contract for the
Procurement of Supplies (June 2003)
Definitions
1.1 The following words and expressions shall have the meanings hereby assigned to
them:
(a) “Completion” means the fulfilment of the Related Services by the Provider in
accordance with the terms and conditions set forth in the Contract.
(b) “Contract” means the Agreement entered into between the Procuring and Disposing
Entity and the Provider, together with the Contract Documents referred to therein,
including all attachments, appendices, and all documents incorporated by
reference therein.
(c) “Contract Documents” means the documents listed in the Agreement, including any
amendments thereto.
(d) “Contract Price” means the price payable to the Provider as specified in the
Agreement, subject to such additions and adjustments thereto or deductions
therefrom, as may be made pursuant to the Contract.
(e) “Day” means calendar day.
(f) “Delivery” means the transfer of the Supplies from the Provider to the Procuring
and Disposing Entity in accordance with the terms and conditions set forth in the
Contract.
(g) “Eligible Countries” means the countries and territories eligible as listed in the SCC.
(h) “GCC” means the General Conditions of Contract.
(i) “Procuring and Disposing Entity” means the entity purchasing the Supplies and
Related Services, as specified in the Agreement.
(j) “Provider” means the natural person, private or government entity, or a combination
of the above, whose bid to perform the Contract has been accepted by the
Procuring and Disposing Entity and is named as such in the Agreement, and
includes the legal successors or permitted assigns of the Provider.
(k) “Related Services” means the services incidental to the provision of Supplies, such
as insurance, installation, training and initial maintenance and other similar
obligations of the Provider under the Contract.
(l) “SCC” means the Special Conditions of Contract.
(m) “Subcontractor” means any natural person, private or government entity, or a
combination of the above, including its legal successors or permitted assigns, to
whom any part of the Supplies to be provided or execution of any part of the
Related Services is subcontracted by the Provider.
(n) “Supplies” means goods, raw materials, products, equipment or objects of any kind
and description in solid, liquid or gaseous form, or in the form of electricity, or
intellectual and proprietary rights as well as works or services incidental to the
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provision of such supplies where the value of such works or services does not
exceed the value of the supplies.
(o) “The Site,” where applicable, means the place named in the SCC.
Contract Documents
The documents forming the Contract shall be interpreted in the following order of priority:
(a) Agreement,
(b) any Letter of Bid Acceptance,
(c) The Provider’s Bid, as amended by any clarifications,
(d) Special Conditions of Contract,
(e) General Conditions of Contract,
(f) Statement of Requirements,
(g) any other document listed in the SCC as forming part of the Contract.
2.2 Subject to the order of precedence set forth in Sub-Clause 2.1, all documents forming
the Contract (and all parts thereof) are intended to be correlative, complementary, and
mutually explanatory.
Corrupt Practices
3.1 It is the Government of Uganda’s policy to require that Procuring and Disposing Entities,
as well as Bidders and Providers under Government financed contracts, observe the highest
standard of ethics during the procurement and execution of such contracts. In pursuit of
this policy, the Government of Uganda:
(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
anything 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
Procuring and Disposing Entity, 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 Procuring and Disposing
Entity of the benefits of free and open competition;
(b) will suspend a firm, either indefinitely or for a stated period of time, from being
awarded a Government funded contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in executing, a
Government funded Contract.
3.2 The Provider shall permit the Government of Uganda to inspect the Provider’s
accounts and records relating to the performance of the Provider and to have them
audited by auditors appointed by the Government of Uganda, if so required by the
Government.
3.3 In pursuit of the policy defined in Sub-Clause 3.1, the Procuring and Disposing Entity
may terminate a Contract for Supplies if it at any time determines that corrupt or
fraudulent practices were engaged in by representatives of the Procuring and
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Interpretation
4.1 If the context so requires it, singular means plural and vice versa.
4.2 Incoterms
(b) Unless otherwise specified in the SCC, the meaning of any trade term and the rights
and obligations of parties thereunder shall be as prescribed by Incoterms.
(b) EXW, CIF, CIP, and other similar terms, shall be governed by the rules prescribed
in the edition of Incoterms, published by the International Chamber of Commerce
as specified in the SCC.
4.3 Entire Agreement
The Contract constitutes the entire agreement between the Procuring and Disposing
Entity and the Provider and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made prior to the
date of Contract.
4.4 Amendment
No amendment or other variation of the Contract shall be valid unless it is in writing,
is dated, expressly refers to the Contract, and is signed by a duly authorised
representative of each party thereto.
4.5 Nonwaiver
(a) Subject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or
indulgence by either party in enforcing any of the terms and conditions of the
Contract or the granting of time by either party to the other shall prejudice, affect,
or restrict the rights of that party under the Contract, neither shall any waiver by
either party of any breach of Contract operate as waiver of any subsequent or
continuing breach of Contract.
(b) Any waiver of a party’s rights, powers, or remedies under the Contract must be in
writing, dated, and signed by an authorised representative of the party granting
such waiver, and must specify the right and the extent to which it is being waived.
4.6 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of the Contract.
Language
5.1 The Contract as well as all correspondence and documents relating to the Contract
exchanged by the Provider and the Procuring and Disposing Entity, shall be written in
English unless specified otherwise in the SCC. Supporting documents and printed
literature that are part of the Contract may be in another language provided they are
accompanied by an accurate translation of the relevant passages in the language
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specified, in which case, for purposes of interpretation of the Contract, this translation
shall govern.
5.2 The Provider shall bear all costs of translation to the governing language and all risks
of the accuracy of such translation.
Joint Venture, Consortium or Association
6.1 Unless otherwise specified in the SCC, if the Provider is a joint venture, consortium, or
association, all of the parties shall be jointly and severally liable to the Procuring and
Disposing Entity for the fulfillment of the provisions of the Contract and shall
designate one party to act as a leader with authority to bind the joint venture,
consortium, or association. The composition or the constitution of the joint venture,
consortium, or association shall not be altered without the prior consent of the
Procuring and Disposing Entity.
Eligibility
7.1 The Provider and its Subcontractors shall have the nationality of an eligible country.
A Provider or Subcontractor shall be deemed to have the nationality of a country if it is
a citizen or constituted, incorporated, or registered, and operates in conformity with the
provisions of the laws of that country.
7.2 All Supplies and Related Services to be supplied under the Contract shall have their
origin in Eligible Countries. For the purpose of this Clause, origin means the country
where the Supplies have been grown, mined, cultivated, produced, manufactured, or
processed, or through manufacture, processing, or assembly, another commercially
recognised article results that differs substantially in its basic characteristics from its
imported components.
Notices
8.1 Any notice given by one party to the other pursuant to the Contract shall be in writing
to the address specified in the SCC. The term “in writing” means communicated in
written form with proof of receipt.
8.2 A notice shall be effective when delivered or on the notice’s effective date, whichever
is later.
Governing Law
9.1 The Contract shall be governed by and interpreted in accordance with the laws of
Uganda unless otherwise specified in the SCC.
Settlement of Disputes
10.1 The Procuring and Disposing Entity and the Provider shall make every effort to
resolve amicably by direct informal negotiation any disagreement or dispute arising
between them under or in connection with the Contract.
10.2 If the parties fail to resolve such a dispute or difference by mutual consultation within
twenty-eight (28) days from the commencement of such consultation, either party may
require that the dispute be referred for resolution under the Arbitration law of Uganda
or such other formal mechanism specified in the SCC.
Scope of Supply
11.1 The Supplies and Related Services to be provided shall be as specified in the
Statement of Requirements.
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11.2 The Supply shall include all such items not specifically mentioned in the Contract but
that can be reasonably inferred from the Contract as being required for attaining
Delivery and Completion of the Supplies and Related Services as if such items were
expressly mentioned in the Contract.
Delivery and Documents
12.1 Subject to GCC Sub-Clause 33.1, the Delivery of the Supplies and Completion of the
Related Services shall be in accordance with the Delivery and Completion Schedule
specified in the Statement of Requirements. The details of shipping and other
documents to be furnished by the Provider are specified in the SCC.
Provider’s Responsibilities
13.1 The Provider shall provide all the Supplies and Related Services included in the Scope
of Supply in accordance with GCC Clause 11, and the Delivery and Completion
Schedule, as per GCC Clause 12.
Procuring and Disposing Entity’s Responsibilities
14.1 Whenever the provision of Supplies and Related Services requires that the Provider
obtain permits, approvals, and import and other licenses from local public authorities
in Uganda, the Procuring and Disposing Entity shall, if so required by the Provider,
make its best effort to assist the Provider in complying with such requirements in a
timely and expeditious manner.
14.2 The Procuring and Disposing Entity shall pay all costs involved in the performance of
its responsibilities, in accordance with GCC Sub-Clause 14.1.
Contract Price
15.1 The Contract Price shall be as specified in the Agreement subject to any additions and
adjustments thereto, or deductions therefrom, as may be made pursuant to the
Contract.
15.2 Prices charged by the Provider for the Supplies delivered and the Related Services
performed under the Contract shall not vary from the prices quoted by the Provider in
its bid, with the exception of any price adjustments authorised in the SCC.
Terms of Payment
16.1 The Contract Price shall be paid as specified in the SCC.
16.2 The Provider’s request for payment shall be made to the Procuring and Disposing
Entity in writing, accompanied by invoices describing, as appropriate, the Supplies
delivered and Related Services performed, and by the documents submitted pursuant
to GCC Clause 12 and upon fulfilment of all the obligations stipulated in the Contract.
16.3 Unless otherwise specified in the SCC, payments shall be made promptly by the
Procuring and Disposing Entity, no later than thirty (30) days after submission of an
invoice or request for payment by the Provider, and its certification by the Procuring
and Disposing Entity. The Procuring and Disposing Entity shall certify or reject such
invoices or payment requests within five (5) days from receipt. Where such invoices
or payment requests are rejected, the Procuring and Disposing Entity shall advise the
Provider of the reasons for rejection.
16.4 The currency or currencies in which payments shall be made to the Provider under this
Contract shall be specified in the SCC.
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third party.
Confidential Information
20.1 The Procuring and Disposing Entity and the Provider shall keep confidential and shall
not, without the written consent of the other party hereto, divulge to any third party
any documents, data, or other information furnished directly or indirectly by the other
party hereto in connection with the Contract, whether such information has been
furnished prior to, during or following completion or termination of the Contract.
Notwithstanding the above, the Provider may furnish to its Subcontractor such
documents, data, and other information it receives from the Procuring and Disposing
Entity to the extent required for the Subcontractor to perform its work under the
Contract, in which event the Provider shall obtain from such Subcontractor an
undertaking of confidentiality similar to that imposed on the Provider under GCC
Clause 20.
20.2 The Procuring and Disposing Entity shall not use such documents, data, and other
information received from the Provider for any purposes unrelated to the contract.
Similarly, the Provider shall not use such documents, data, and other information
received from the Procuring and Disposing Entity for any purpose other than the
design, procurement, or other work and services required for the performance of the
Contract.
20.3 The obligation of a party under GCC Sub-Clauses 20.1 and 20.2 above, however, shall
not apply to information that:
(a) the Procuring and Disposing Entity or Provider need to share with any institution
participating in the financing of the Contract;
(b) now or hereafter enters the public domain through no fault of that party;
(c) can be proven to have been possessed by that party at the time of disclosure and
which was not previously obtained, directly or indirectly, from the other party; or
(d) otherwise lawfully becomes available to that party from a third party that has no
obligation of confidentiality.
20.4 The above provisions of GCC Clause 20 shall not in any way modify any undertaking
of confidentiality given by either of the parties hereto prior to the date of the Contract
in respect of the Supply or any part thereof.
20.5 The provisions of GCC Clause 20 shall survive completion or termination, for
whatever reason, of the Contract.
Subcontracting
21.1 The Provider shall notify the Procuring and Disposing Entity in writing of all
subcontracts awarded under the Contract if not already specified in the bid.
Subcontracting shall in no event relieve the Provider from any of its obligations,
duties, responsibilities, or liability under the Contract.
21.2 Subcontracts shall comply with the provisions of GCC Clauses 3 and 7.
Specifications and Standards
22.1 Technical Specifications and Drawings
(a) The Provider shall ensure that the Supplies and Related Services comply with the
technical specifications and other provisions of the Contract.
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(b) The Provider shall be entitled to disclaim responsibility for any design, data,
drawing, specification or other document, or any modification thereof provided or
designed by or on behalf of the Procuring and Disposing Entity, by giving a
notice of such disclaimer to the Procuring and Disposing Entity.
(c) The Supplies and Related Services supplied under this Contract shall conform to the
standards mentioned in the Statement of Requirements and, when no applicable
standard is mentioned, the standard shall be equivalent or superior to the official
standards whose application is appropriate to the country of origin of the
Supplies.
22.2 Wherever references are made in the Contract to codes and standards in accordance
with which it shall be executed, the edition or the revised version of such codes and
standards shall be those specified in the Statement of Requirements. During Contract
execution, any changes in any such codes and standards shall be applied only after
approval by the Procuring and Disposing Entity and shall be treated in accordance
with GCC Clause 33.
Packing and Documents
23.1 The Provider shall provide such packing of the Supplies as is required to prevent their
damage or deterioration during transit to their final destination, as indicated in the
Contract. During transit, the packing shall be sufficient to withstand, without
limitation, rough handling and exposure to extreme temperatures, salt and
precipitation, and open storage. Packing case size and weights shall take into
consideration, where appropriate, the remoteness of the Supplies’ final destination and
the absence of heavy handling facilities at all points in transit.
23.2 The packing, marking, and documentation within and outside the packages shall
comply strictly with such special requirements as shall be expressly provided for in
the Contract, including additional requirements, if any, specified in the SCC, and in
any other instructions ordered by the Procuring and Disposing Entity.
Insurance
24.1 Unless otherwise specified in the SCC, the Supplies provided under the Contract shall
be fully insured, in a freely convertible currency from an eligible country, against loss
or damage incidental to manufacture or acquisition, transportation, storage, and
delivery, in accordance with the applicable Incoterm or in the manner specified in the
SCC.
Transportation
25.1 Responsibility for transportation of the Supplies shall be in accordance with the
Incoterm specified in the SCC.
Inspections and Tests
26.1 The Provider shall at its own expense and at no cost to the Procuring and Disposing
Entity carry out all such tests and/or inspections of the Supplies and Related Services
as are specified in the Statement of Requirements.
26.2 The inspections and tests may be conducted on the premises of the Provider or its
Subcontractor, at point of delivery, and/or at the Supplies’ final destination, or in
another place in Uganda as specified in the SCC. Subject to GCC Sub-Clause 26.3, if
conducted on the premises of the Provider or its Subcontractor, all reasonable facilities
and assistance, including access to drawings and production data, shall be furnished to
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29.3 If the Provider fails to notify the Procuring and Disposing Entity within twenty-eight
(28) days after receipt of such notice that it intends to conduct any such proceedings or
claim, then the Procuring and Disposing Entity shall be free to conduct the same on its
own behalf.
29.4 The Procuring and Disposing Entity shall, at the Provider’s request, afford all
available assistance to the Provider in conducting such proceedings or claim, and shall
be reimbursed by the Provider for all reasonable expenses incurred in so doing.
29.5 The Procuring and Disposing Entity shall indemnify and hold harmless the Provider
and its employees, officers, and Subcontractors from and against any and all suits,
actions or administrative proceedings, claims, demands, losses, damages, costs, and
expenses of any nature, including attorney’s fees and expenses, which the Provider
may suffer as a result of any infringement or alleged infringement of any patent, utility
model, registered design, trademark, copyright, or other intellectual property right
registered or otherwise existing at the date of the Contract arising out of or in
connection with any design, data, drawing, specification, or other documents or
materials provided or designed by or on behalf of the Procuring and Disposing Entity.
Limitation of Liability
30.1 Except in cases of gross negligence or willful misconduct:
(a) neither party shall be liable to the other party for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits or interest costs,
provided that this exclusion shall not apply to any obligation of the Provider to
pay liquidated damages to the Procuring and Disposing Entity; and
(b) the aggregate liability of the Provider to the Procuring and Disposing Entity,
whether under the Contract, in tort, or otherwise, shall not exceed the total
contract value or such other amount specified in the SCC, provided that this
limitation shall not apply to the cost of repairing or replacing defective
equipment, or to any obligation of the Provider to indemnify the Procuring and
Disposing Entity with respect to patent infringement.
Change in Laws and Regulations
31.1 Unless otherwise specified in the Contract, if after the date of the Bidding Document,
any law, regulation, ordinance, order or bylaw having the force of law is enacted,
promulgated, abrogated, or changed in Uganda or where the Site is located (which
shall be deemed to include any change in interpretation or application by the
competent authorities) that subsequently affects the Delivery Date and/or the Contract
Price, then such Delivery Date and/or Contract Price shall be correspondingly
increased or decreased, to the extent that the Provider has thereby been affected in the
performance of any of its obligations under the Contract. Notwithstanding the
foregoing, such additional or reduced cost shall not be separately paid or credited if
the same has already been accounted for in the price adjustment provisions where
applicable, in accordance with GCC Clause 15.
Force Majeure
32.1 The Provider shall not be liable for forfeiture of its Performance Security, liquidated
damages, or termination for default if and to the extent that its delay in performance or
other failure to perform its obligations under the Contract is the result of an event of
Force Majeure.
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32.2 For purposes of this Clause, “Force Majeure” means an event or situation beyond the
control of the Provider that is not foreseeable, is unavoidable, and its origin is not due
to negligence or lack of care on the part of the Provider. Such events may include, but
not be limited to, acts of the Government of Uganda in its sovereign capacity, wars or
revolutions, fires, floods, epidemics, quarantine restrictions, and freight embargoes.
32.3 If a Force Majeure situation arises, the Provider shall promptly notify the Procuring
and Disposing Entity in writing of such condition and the cause thereof. Unless
otherwise directed by the Procuring and Disposing Entity in writing, the Provider shall
continue to perform its obligations under the Contract as far as is reasonably practical,
and shall seek all reasonable alternative means for performance not prevented by the
Force Majeure event.
Change Orders and Contract Amendments
33.1 The Procuring and Disposing Entity may at any time order the Provider through notice
in accordance with GCC Clause 8, to make changes within the general scope of the
Contract in any one or more of the following:
(a) drawings, designs, or specifications, where Supplies to be furnished under the
Contract are to be specifically manufactured for the Procuring and Disposing
Entity;
(b) the method of shipment or packing;
(c) the place of delivery; and
(d) the Related Services to be provided by the Provider.
33.2 If any such change causes an increase or decrease in the cost of, or the time required
for, the Provider’s performance of any provisions under the Contract, an equitable
adjustment shall be made in the Contract Price or in the Delivery/Completion
Schedule, or both, and the Contract shall accordingly be amended. Any claims by the
Provider for adjustment under this Clause must be asserted within twenty-eight (28)
days from the date of the Provider’s receipt of the Procuring and Disposing Entity’s
change order.
33.3 Prices to be charged by the Provider for any Related Services that might be needed but
which were not included in the Contract shall be agreed upon in advance by the parties
and shall not exceed the prevailing rates charged to other parties by the Provider for
similar services.
Extensions of Time
34.1 If at any time during performance of the Contract, the Provider or its subcontractors
should encounter conditions impeding timely delivery of the Supplies or completion
of Related Services pursuant to GCC Clause 12, the Provider shall promptly notify the
Procuring and Disposing Entity in writing of the delay, its likely duration, and its
cause. As soon as practicable after receipt of the Provider’s notice, the Procuring and
Disposing Entity shall evaluate the situation and may at its discretion extend the
Provider’s time for performance, in which case the extension shall be ratified by the
parties by amendment of the Contract.
34.2 Except in case of Force Majeure, as provided under GCC Clause 32, a delay by the
Provider in the performance of its Delivery and Completion obligations shall render
the Provider liable to the imposition of liquidated damages pursuant to GCC Clause
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27, unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 34.1.
Termination
35.1 Termination for Default
(a) The Procuring and Disposing Entity, without prejudice to any other remedy for
breach of Contract, by notice of default sent to the Provider, may terminate the
Contract in whole or in part if:
(i) the Provider fails to deliver any or all of the Supplies within the period
specified in the Contract, or within any extension thereof granted by the
Procuring and Disposing Entity pursuant to GCC Clause 34;
(ii) the Provider fails to perform any other obligation under the Contract; or
(iii) the Provider, in the judgment of the Procuring and Disposing Entity has
engaged in corrupt or fraudulent practices, as defined in GCC 3, in
competing for or in executing the Contract.
(b) In the event the Procuring and Disposing Entity terminates the Contract in whole or
in part, pursuant to GCC Clause 35.1(a), the Procuring and Disposing Entity may
procure, upon such terms and in such manner as it deems appropriate, Supplies or
Related Services similar to those undelivered or not performed, and the Provider
shall be liable to the Procuring and Disposing Entity for any additional costs for
such similar Supplies or Related Services. However, the Provider shall continue
performance of the Contract to the extent not terminated.
35.2 Termination for Insolvency
(a) The Procuring and Disposing Entity may at any time terminate the Contract by
giving notice to the Provider if the Provider becomes bankrupt or otherwise
insolvent. In such event, termination will be without compensation to the
Provider, provided that such termination will not prejudice or affect any right of
action or remedy that has accrued or will accrue thereafter to the Procuring and
Disposing Entity.
35.3 Termination for Convenience
(a) The Procuring and Disposing Entity, by notice sent to the Provider, may terminate
the Contract, in whole or in part, at any time for its convenience. The notice of
termination shall specify that termination is for the Procuring and Disposing
Entity’s convenience, the extent to which performance of the Provider under the
Contract is terminated, and the date upon which such termination becomes
effective.
(b) The Supplies that are complete and ready for shipment within twenty-eight (28)
days after the Provider’s receipt of notice of termination shall be accepted by the
Procuring and Disposing Entity at the Contract terms and prices. For the
remaining Supplies, the Procuring and Disposing Entity may elect:
(i) to have any portion completed and delivered at the Contract terms and prices;
and/or
(ii) to cancel the remainder and pay to the Provider an agreed amount for
partially completed Supplies and Related Services and for materials and
parts previously procured by the Provider.
Assignment
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36.1 Neither the Procuring and Disposing Entity nor the Provider shall assign, in whole or
in part, their obligations under this Contract, except with prior written consent of the
other party.
GCC 1.1(i) The Procuring and Disposing Entity is: Kalangala District Local
Government
GCC 1.1 (g) The Eligible Countries are those listed in Section 5 of the Bidding
Document.
GCC 1.1 (o) The Site(s) is/are: Kalangala District Headquarters
GCC 1.1 In addition to the definitions in GCC 1.1, the following words and
expressions shall have the meanings hereby assigned to them:
(p) “Framework Contract” means a contract arrangement for an
estimated quantity or minimum value of Supplies at fixed
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For notices, including call-off orders, the Provider’s address shall be:
Attention:
Street Address:
Floor/Room number:
Town/City:
Postal Code/PO Box:
Country:
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Table of Forms
Agreement................................................................................................................... 75
Call-Off Order............................................................................................................ 78
Performance Security.................................................................................................80
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Agreement
For a Framework Contract
Procurement Reference No: KALA515/SUPLS/20-21/00003
THIS AGREEMENT made the ……. day of ___ August. 2020 between of Kalangala
District Local Government of P. O. Box 2 Kalangala (hereinafter “the Procuring and
Disposing Entity”), of the one part,
and M/S. …………………….of P. O. Box …………….. (Hereinafter “the Providers”), of
the other part:
WHEREAS the Procuring and Disposing Entity invited bids for SUPPLY OF PRINTED
STATIONARY, GENERAL OFFICE STATIONARY, EXAMS, CERTIFICATES,
REVENUE STATIONARY AND COMPUTER CONSUMBLES and has accepted a Bid by
the Provider for the provision of those Supplies and Related Services at a unit price of as
per the purchase order and price list, in the total sum of shillings (hereinafter “the
Contract Price”).
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract referred to.
2. In consideration of the payments to be made by the Procuring and Disposing Entity to
the Provider as indicated in this Agreement, the Provider hereby covenants with the
Procuring and Disposing Entity to provide the Supplies and Related Services and to
remedy defects therein in conformity in all respects with the provisions of the Contract.
3. The Procuring and Disposing Entity hereby covenants to pay the Providers in
consideration of the provision of the Supplies and Related Services and the remedying
of defects therein, the Contract Price or such other sum as may become payable under
the provisions of the Contract at the times and in the manner prescribed by the
Contract.
4. The quantities of Supplies specified in the Statement of Requirements are estimated
quantities only and are not purchased by this contract. If the call-off orders under this
contract do not result in total orders of the quantities described as estimates, that fact
shall not constitute the basis for an equitable adjustment.
5. The Procuring and Disposing Entity shall order from the Provider all the Supplies
specified in the contract that are required to be purchased by the Procuring and
Disposing Entity during the period stated below, unless any Supplies are urgently
required in an emergency situation and the Provider is unable to deliver such Supplies
within the period required by the Procuring and Disposing Entity.
6. The Procuring and Disposing Entity guarantees to order at least the value of Supplies
specified as the minimum value in the Statement of Requirements.
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7. Any Supplies to be provided under this contract shall be ordered by the issue of call-
off orders, which shall be issued by the Procuring and Disposing Entity as Notices in
accordance with GCC Clause 8, using the format attached to this Agreement. The
authorised signatory for call-off orders shall be the official named in SCC Clause 8.
8. Call-off orders may be issued at any time during a period of one year from the date of
contract indicated above. Any call-off order issued, but not completed, during this
period, shall be governed by the Contract in the same way as if it had been completed
during that period.
9. Call-off orders are subject to the following limitations and exceptions:
(a) where the value of a call-off order is less than 2½% of the contract price, the
Provider is not obliged to provide the Supplies, provided that the Provider gives
the Procuring and Disposing Entity a notice, within three working days of the date
of the call-off order, stating its intention not to provide the Supplies;
(b) where the value of a call-off order, or the total value of all call-off orders within a
period of one month, is more than 25% of the contract price, the Provider shall not
be bound by the response times specified in the Statement of Requirements,
provided that the Provider gives the Procuring and Disposing Entity a notice,
within three working days of the date of the call-off order, stating its inability to
deliver the Supplies within the response time and specifying the delivery period
which will apply.
IN WITNESS whereof the parties hereto have caused this Agreement to be executed in
accordance with the law specified in the Special Conditions of Contract on the day, month
and year indicated above.
Authorised by:
Signature:
Contractor:
Signature:
Name:
Position: DIRECTOR-
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Witnessed By
Signature:
Name:
Position:
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Call-Off Order
Under a Framework Contract
Procurement Reference No: ________________________________________
Call-Off Order Reference No: ________________________________________
Procuring and Disposing Entity: ________________________________________
Provider: ________________________________________
Date of Call-Off Order: ________________________________________
The Procuring and Disposing Entity indicated above issues this call-off order under the
framework contract referenced above.
This call-off order is subject to the terms and conditions of the framework contract
referenced above. In the event of a conflict, between this call-off order and the contract, the
contract shall prevail.
Please proceed with delivery of the Supplies detailed on the attached List of Supplies and
Price Schedule, in accordance with the response times specified in the contract.
The total value of this call-off order is ____________________.
Please confirm your receipt of this call-off order and that you are proceeding with delivery
of the Supplies, in accordance with the terms and conditions of the contract.
Authorised by:
Signature:
Name:
Position:
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[The Performance Security should be on the letterhead of the issuing Financial Institution and
should be signed by a person with the proper authority to sign documents that are binding on the
Financial Institution]
Performance Security
Date: [insert date (as day, month, and year) of Performance Security]
Procurement Reference No: [insert Procurement Reference Number]
To: [insert complete name of Procuring and Disposing Entity]
WHEREAS [insert name complete of Provider] (hereinafter “the Provider”) has
undertaken, pursuant to Contract No. [insert number] dated [insert day, month and year] to
supply [brief description of the Supplies and Related Services] (hereinafter “the Contract”).
AND WHEREAS it has been stipulated by you in the aforementioned Contract that the
Provider shall furnish you with a security [insert type of security] issued by a reputable
guarantor for the sum specified therein as security for compliance with the Provider’s
performance obligations in accordance with the Contract.
AND WHEREAS the undersigned [insert complete name of Guarantor], legally domiciled
in [insert complete address of Guarantor], (hereinafter the “Guarantor”), have agreed to
give the Provider a security:
THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf
of the Provider, up to a total of [insert currency and amount of guarantee in words and
figures] and we undertake to pay you, upon your first written demand declaring the
Provider to be in default under the Contract, without cavil or argument, any sum or sums
within the limits of [insert currency and amount of guarantee in words and figures] as
aforesaid, without your needing to prove or to show grounds or reasons for your demand or
the sum specified therein.
This security is valid until the [insert number] day of [insert month], [insert year].
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication
No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
In the capacity of [insert legal capacity of person signing the Performance Security]
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Performance Security for and on behalf of: [insert complete
name of Financial Institution]
Dated on _______ day of __________________, _______ [insert date of signing]
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[The Advance Payment Security should be on the letterhead of the issuing Financial Institution and
should be signed by a person with the proper authority to sign documents that are binding on the
Financial Institution]
Signed: [signature of person whose name and capacity are shown above]
Duly authorised to sign the Payment Security for and on behalf of: [insert complete name
of the Financial Institution]
Dated on _______ day of __________________, _______ [insert date of signing]
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