Concern Worldwide Letter of Invitation to Tender Tender ref.: CSL/001/EU-2013 Date: 27th August, 2013 Dear Sir/Madam, SUBJECT: INVITATION TO TENDER Concern Worldwide would like to invite you to tender for purchase of medical, non-medical and laboratory equipment for the EU- Funded SHAPE Project in Tonkolili District and Child Survival Project in Freetown, Sierra Leone. The following sections of the attached Tender Dossier must be completed and returned to Concern Worldwide. **SPECIFICATION & FINANCIAL OFFER MUST BE COMPLETED ON THIS DOCUMENT AND RETURNED TO CONCERN WITH THE TENDER BID** Section B – Technical Specification & Financial Offer Section C – Tenderers Declaration Section D – Tenderer Submission Form Section F - Programme Participant Protection Policy We look forward to receiving your tender before 25th September 2013 at 10.00AM at the address specified in the tender dossier. Bids must be sent in a sealed envelopes, marked “Tender ref.: CSL/001/EU-2013” on the outside of the envelope for identification purposes. Yours sincerely, Bintu Jibao Logistics Coordinator Concern Worldwide 23a Cantonment Road, Freetown, Sierra Leone Concern Worldwide This Tender is for the purchase of medical, non-medical and laboratory equipment for the EU- funded SHAPE project in Tonkolili District and Child Survival Project (CSP) in Freetown funded by IRISH AID and USAID. Tender Contents: A. Lot 1, 2, 3, 4 & Requirements B. Technical Specifications & Financial Offer (MUST BE COMPLETED AND RETURNED) B2. Financial Offer (MUST BE COMPLETED AND RETURNED) C. Tenderer Submission Form & References (MUST BE COMPLETED AND RETURNED) D. Draft Contract Format E. Concern Worldwide Purchasing Terms & Conditions F. Programme Participant Protection Policy (MUST BE COMPLETED AND RETURNED) G. Tenderers Declaration & Checklist (MUST BE COMPLETED AND RETURNED) Concern Worldwide A. List of requirements: Tender Ref: CSL/001/EU-2013 Medical, non- medical and laboratory equipment to be supplied to final destinations in Magburaka, Tonkolili District and Child Survival Project (CSP) in Freetown., Sierra Leone: LOT 1- Medical Equipment Commodities Hand washing facilities Quantity (unit) Pc 15 Technical Specification Required Yes Wall clock with second hand Torch with extra batteries Instrument sterilizer (not dependent on electricity) Jar for forceps BP machine and stethoscope 18 18 5 yes yes yes 10 6 yes yes Thermometer 3 yes Foetal Stethoscope Weighing scale (adult) Height measure (adult) Speculum and vaginal examination kit 4 4 5 5 yes yes yes yes Baby scales Hanging scales Height measure/measuring board Delivery bed 4 2 2 yes yes yes 5 yes Screen if more than one bed 6 yes Work surface near bed for newborn resuscitation 7 yes Towel for newborn Blankets for newborn Mucus suction 25 28 10 yes yes yes Specification Plastic hand washing station (bucket with tap in stand and additional bucket to catch run off water) 10 liters capacity Extra-large size- quartz 4 additional batteries for 2 battery torch Pot medium size-14ltr 9"x12"(10"body+2.5 lid) Medium size- stainless steel 2" X 8" Manual -Clinical Mercury Manometer with stethoscope Clinical thermometer calibrated degree centigrade Pinnard stethoscope Stand-on scale Height measure adult wall type 200cm. Small, Medium, Large anal- Virginal examination grave Virginal speculum spin wheel Cradle scale Salter scale with bag Wooden, locally made – measurement in cm 1.5 meters with adjustable headboard. Improved metal –Dimensions: 72”L x 27” W x 30”H, tabular frame work mounted on PVC stumps , stainless steel top in three sections , back rest section adjustable on ratchet, leg end section adjustable a pair of knee crutches, pretreated & Epoxy powder coated. Imported (66”H x 96”L) Tubular frame work mounted on 5cm castors with cotton pretested and epoxy powder coated . Wooden work station to enable nurse to be able to resuscitate at comfortable level without stooping over) Cotton, medium size Wool medium size i.e. Penguin Ambu resuscitator and mask (adult) Ambu resuscitator and mask (neonatal) Ambu resuscitator and maskInfant Manual Vacuum extractor set Delivery set Laceration repair kit 6 Concern Worldwide yes Adult, 1500mls 8 yes Neonatal 250mls 8 Yes Infant 500mls 2 7 5 yes yes yes IUCD insertion set Beds & washable mattresses Bed linen Urinals and bedpans I.V. stands 2 14 48 7 7 yes yes yes yes yes Medicine storage cabinet 5 yes Instrument/dressing trolley 7 Yes Instrument tray Wound dressing set Abustix for testing protein 7 8 16 Yes Yes Yes Urinary catheter and collection bag Gynaecological Gloves (Elbow) 16 Yes Kiwi Omni cap Metal 2 artery forceps, needle holder, pair of scissors, assorted sutures (at least 2) and needle IUCD insertion set Metal hospital bed with washable mattress Cotton- large size 4x6ft Metal Metal, telescopic type adjustable SS. IV rod lock with knob. Wooden –75cm by 50cm by 50cm with 2 shelves inside lockable cupboard Metal (76L x 46W x 81H cm) M.S tubular frame . S shelves with railing 10 cm castors, with bowl and bucket. Epoxy powder coated fixed construction Metal-10” x 8” Metal Urine dipsticks in a pot (1 pot = 50 or 100 strips 1 carton = 100 catheter 100 Yes Rubbish bin (covered) Rubbish bin (waste paper) Stand-by generator 5KVA Double Window curtains – bright colours- set Cooking stove Sterile elbow gloves 19 15 2 25 9 LOT 2- Non - Medical No No yes No Plastic- 30liters with cover Plastic- 20Liters without cover Honda- with accessories and Manual Blue or Pink-4ftx5ft No cooking stove (wonder stove) Towels for new born Blankets for new born Microscope (light) and emersion oil Hand centrifuge Hemoglobin meter Timer 9 9 1 2 2 1 No No By bale second hand By bale second hand LOT 3- Laboratory Equipment yes Microscope (Light) and emersion oil with accessories and manual yes Hettich hand centrifuge C 1011 (Manual) yes Haemoglobin meter (Sahil) item code Hb - 10 yes Typical Mechanic Laboratory scale and weights Slide rack Staining jars Variable micro Pipettes and stand Spirit lamp Measuring jars Beaker set Test tubes set Microscope slides & cover slips set Specimen collection cups, tubes and capillary tubes set Reagents, stains and test kits as appropriate Concern Worldwide yes yes yes yes 2 2 4 4 1 2 2 2 2 yes yes yes yes yes 2 yes 2 yes Laboratory scale and weights R>K slide staining Rack 20 slides Staining jars Variable micro Pipettes (1 x 50) and stand Alcohol/Sprit lamp Metal of plastic 500 – 1000mls Beaker Test tube glass cylindrical bottom Microscope slides & cover slips (glass) Specimen collection cups, tubes and capillary tubes Reagent, stains and test kits including Gram’s stain kits & Giemsa stain LOT 4 Commodities Forceps for delivery set(Sponge holding forceps) Buckets for contaminated waste in all treatment areas Doppler Gel Quantity (unit) Pc 54 6 18 8 Thermometer scissors 10 cannulas Examination gloves Cord clamp Baby Scales Hanging Scales pants Height measure/measuring board Specification Forcept Stainless Steel for delivery kits pack (for code clamp) yes rubber bucket (20 litre with cover) yes Doppler fetal monitor with batteries and yes ultrasound transmission gel 250g yes yes Clinical Mercury Sphygmomanometer 22 BP machine stethoscope Syringes and needles Technical Specification Required Yes 8 27 28 36 28 900 09 36 10 yes yes stethoscope Clinical thermometer Degree centigrade Scissors for core separation yes yes yes yes 5mls syringe, and G21 needle (100 in boxes ) cannulas (G20, 21,22.23) Nine box of each of the gauges Latex, Vinyl or Nitrile gloves cord clamp (A pack of 50 0r 100) yes Neonate scale T15P Triple resolution (cradle) yes yes Hanging weighing scale pants Height board/Measuring board (wooden Concern Worldwide Butterfly needles Laceration repair kit Cotton wool and guaze Hand centrifuge Haemoglobinometer Timer Slide rack Staining Jars Variable micro Pipettes and stand Sprit Lamp Measuring Jars Test tubes Microscope slides & cover slips Specimen collection cups, tubes and capillary tubes Reagents, stains and test kits Locally made) in CM 1.5 meters with adjustable headboard Butterfly cannula Gages 21,22,23 &25, Nine box of each guage. 40 9 10 1 1 1 1 1 1 1 1 1 1 yes yes yes yes Hettich hand centrifuge C 1011 (Manual) Heamoglobinometer (Sahli's) Item Code Hb 10 yes A typical mechanical timer yes R>K slide staining Rack - 20 slides Yes staining jar yes variable micro pipiettes ( 1x50 ) and stand yes Alcohol/sprit lamp yes metal of Plastic 500-1000 mls./rubber yes Test tube glass cylindrical bottom yes Microscope slides & cover slips (glass) yes 1 1 Autoclaves and sterilizers yes yes 6 Receptacle for soil pads, dressing ect. 2 artery forcepts, needle holder pair of scissor, assorted sutures (at least 2) and needle 200 roll (Renset Bomull GR) and gauze Specimen collection cups, tubes and capillary tubes Reagent, stains and test kits including Gram's stain kits & Giemsa stain Autoclaves/ steam sterillizers 1941X New steam 14" Dia x 10" depth (inches) manual 45 min non electrical yes 9 cover rubber bucket 50 lit. Yes Jar for forceps 9 Jar for forcepts (1000mls plastic or mental) Tray with routine & emergency drugs, syringes and needles Yes 9 Ambu resuscitator and mask (adult) 10 retoutine emergency tray with equipment one st each Yes 1500mls Ambu resuscitator and mask (Infant) 10 Yes 500mls Concern Worldwide Ambu resuscitator and mask (newborn) 10 albustix for testing for protein Yes 27 1. Closing date and time for submission of tenders 250mls albustix for testing for protein. Wednesday 25th September 2013 at 10.00am 2. Submission of tenders Concern Worldwide 23a Cantonment Road, Freetown, Tenders to be received no later than: Wednesday 25th September, 2013 at 10.00am All tenders MUST be received in a sealed envelope marked “Tender Ref (CSL/001/EU2013)” on the outside of the envelope for identification purposes. 3. Time for delivery The delivery time will be end of November, 2013. 4. Language of offers All tenders should be received in English. 5. Period of validity of offers All bids must be valid for a minimum of sixty days from the closing date of the tender. 6. Currency All tender submissions should be received in Leones. 13. Technical Specifications Sellers will be required to provide Technical Specifications of the exact make and model being offered in the supplies section (part 1) above. All specifications submitted should be clearly labeled by the bidder. 14. Type of contract This Contract is for the supply of medical, non-medical and laboratory equipment for the EU- funded SHAPE Project and Child Survival Project funded by USAID and IRISH AID. 15. Content of tenders Technical Specification & Financial offer Completed Tenderer Submission Form Signed Tenderers Declaration 16. Opening of tenders Concern Worldwide Tenders will be opened at 3:00pm on Wednesday 25th September 2013 at Concern office in Freetown. All bidders are welcome to attend the opening of the tender envelopes at the Concern Worldwide office in Freetown, Sierra Leone. 17. Evaluation of tenders Only bids which have met with the administrative and technical compliance will qualify for the financial evaluation stage of the process. 18.Clarification of information contained in the Tender Dossier If tenderers require clarification on the Tender dossier please contact the Concern Worldwide Office in Freetown. Any clarification given to one tenderer will be communicated to all other tenderers. 19. Cancellation of the tender procedure The tender evaluation committee has the right to cancel the tender procedure. Tender procedures may be cancelled for a number of reasons including: A dramatic change in specification of the programme needs The quality of the Medical equipment does not meet the standard required The cost exceeds the budgetary limits 20. Appeals Process An appeal to the process can be lodged if a tenderer or potential tenderer has any issues which he/she feels require appealing. Please contact the following Concern Worldwide staff member if you wish to make an appeal: Bashiru Bah Assistant Country Director Systems Concern Worldwide 23A Cantonment Road Freetown Sierra Leone +232 76 690 708 21. Data protection Concern Worldwide guarantees that all procurement activities are fully and transparently documented for internal or donor audit purposes. Concern Worldwide guarantees confidentiality of the procurement process. Concern Worldwide B. Technical Specifications & Financial Offer (**MUST BE COMPLETED AND RETURNED WITH TENDER BID**) Contract title: SR 09326,13351 Tender reference: CSL/001/EU-2013 Tenderers are requested to complete the table below. Column 1-3 have to be completed by Concern Worldwide Column 4, 5 & 6 must be completed by the tenderer LOT 1 Medical Equipment Column 1 Commodities Hand washing facilities Column 2 Quantity (unit) Pc 15 Wall clock with second hand Torch with extra batteries 18 18 Instrument sterilizer (not dependent on electricity) Jar for forceps 5 BP machine and stethoscope 6 Thermometer 3 10 Column 3 Specification Plastic hand washing station (bucket with tap in stand and additional bucket to catch run off water) 10 liters capacity Extra-large size- quartz 4 additional batteries for 2 battery torch Pot medium size-14ltr 9"x12"(10"body+2.5 lid) Medium size- stainless steel 2" X 8" Manual -Clinical Mercury Manometer with stethoscope Clinical thermometer calibrated degree centigrade Column 4 Specification Offered Column 5 Unite Price (in Leones) Column 6 Total Prices (in Leones) Concern Worldwide Foetal Stethoscope Weighing scale (adult) Height measure (adult) 4 4 5 Speculum and vaginal examination kit 5 Baby scales Hanging scales Height measure/measuring board 4 2 2 Delivery bed 5 Screen if more than one bed (imported to provide visual privacy between beds. 6 Work surface near bed for newborn resuscitation (Wooden work station to enable nurse to be able to enable resuscitate at a comfortable level without stooping over. 7 Pinnard stethoscope Stand-on scale Height measure adult wall type 200cm Small, Medium, Large analVirginal examination grave Virginal speculum spin wheel Cradle scale Salter scale with bag Wooden, locally made measurement in cm 1.5meters with adjustable head board Improved metal – Dimensions: 72”L x 27” W x 30”H, tabular frame work mounted on PVC stumps , stainless steel top in three sections , back rest section adjustable on ratchet, leg end section adjustable a pair of knee crutches, pre-treated & Epoxy powder coated. Imported (66”H x 96”L) Tubular frame work mounted on 5cm castors with cotton pretested and epoxy powder coated . Wooden work station to enable nurse to be able to resuscitate at comfortable level without stooping over) Concern Worldwide Towel for newborn Blankets for newborn Mucus suction Ambu resuscitator and mask (adult) Ambu resuscitator and mask (neonatal) Ambu resuscitator and mask- Infant Delivery set Laceration repair kit Manual vacuum aspirator IUCD insertion set Beds & washable mattresses metal hospital beds Bed linen Urinals and bedpans I.V. stands 25 28 10 6 8 Cotton, medium size Wool medium size i.e. Penguin Adult, 1500mls Neonatal 250mls 8 7 5 Yes Infant 500mls Metal 2 artery forceps, needle holder, pair of scissors, assorted sutures (at least 2) and needle 2 14 IUCD insertion set Metal hospital bed with leather mattress cover Cotton- large size 4x6ft Metal Metal ,telescopic type adjustable SS. IV rod lock with knub. Wooden storage cabinet 75cm x 50cm with two shelves inside lockable cupboard. Metal (76L x 46W x 81H cm) M.S tubular frame . S shelves with railing 10 cm castors, with bowl and bucket. Epoxy powder coated fixed construction. 48 7 7 Medicine storage cabinet 5 Instrument/dressing trolley 7 Concern Worldwide Instrument tray Wound dressing set Abustix for testing protein Urinary catheter and collection bag 7 8 16 16 Gynaecological Gloves (Elbow) 100 Metal 10” x 8” Metal Metal Urine dipsticks in a pot (1 pot = 50 or 100 strips 1 carton = 100 catheter LOT 2- Non Medical Column 1 Column 3 Commodities Rubbish bin (covered) Rubbish bin (waste paper) 19 15 Stand-by generator 5KVA 2 Double Window curtains – bright coloursset Cooking stove 25 Specification Plastic- 30liters with cover Plastic- 20Liters without cover Honda- with accessories and Manuel Blue or Pink-4ftX5ft 9 cooking stove (wonder stove) Towels for new born Blankets for new born 9 9 By bale second hand By bale second hand Column 4 Specification Offered Column 5 Unite Price (in Leones) Column 6 Total Prices (in Leones) Concern Worldwide LOT 3 Laboratory Column 1 Column 3 Commodities Microscope (light) and emersion oil 1 Hand centrifuge 2 Hemoglobin meter Timer Laboratory scale and weights 2 1 2 Slide rack Staining jars 2 4 Variable micro Pipettes and stand Spirit lamp Measuring jars 4 1 2 Beaker set Test tubes set 2 2 Microscope slides & cover slips set 2 Specimen collection cups, tubes and capillary tubes set 2 Specification Microscope (Light) and emersion oil with accessories and manual Haemoglobin meter (Sahil) item code Hb – 10 Typical Mechanic R>K slide staining Rack 20 slides Variable micro Pipettes (1 x 50) and stand Alcohol/Sprit lamp Metal of plastic 500 – 1000mls Test tube glass cylindrical bottom Microscope slides & cover slips (glass) Specimen collection cups, tubes and capillary tubes set Column 4 Specification Offered Column 5 Unite Price (in Leones) Column 6 Total Prices (in Leones) Concern Worldwide Reagents, stains and test kits as appropriate for Giemsa stain 2 Reagent, stains and test kits including Gram’s stain kits & LOT 4 – Medical Equipment Column 1 Commodities Forceps for delivery set Column 2 Quantity (unit) Pc 54 Buckets for contaminated waste in all treatment areas rubber bucket (20 litre with cover) 06 Doppler fetal monitor with batteries and 18 BP machine and stethoscope 08 Thermometer scissors Syringes and needles cannulas Specification Forcept Stainless Steel for delivery kits pack (for code clamp) 22 Doppler Gel Column 3 10 27 28 36 ultrasound transmission gel 250g Clinical Mercury Sphygmomanometer with stethoscope Clinical thermometer Degree centigrade Scissors for core separation 5mls syringe, and G21 needle (100 in boxes ) cannulas (G20, 21,22.23) 0ne box of each of the gauges per Column 4 Specification Offered Column 5 Unite Price (in Leones) Column 6 Total Prices (in Leones) Concern Worldwide site Examination gloves Cord clamp Baby Scales Hanging Scales pants 28 900 09 36 Height measure/measuring board 10 Butterfly needles 40 Laceration repair kit 09 Towel and blankets for new born 09 Cotton wool and guaze 10 Hand centrifuge Haemoglobinometer 01 01 Latex, Vinyl or Nitrile gloves cord clamp (A pack of 50 0r 100) Neonata scale T15P Triple resolution (cradle) Hanging weighing scale pants Height board/Measuring board (wooden Locally made) in CM 1.5 meters with adjustable headboard Butterfly cannula Gages 21,22,23 &25, one box of each guage (n.b for each site there will be one box of each of the four guages) 2 artery forcepts, needle holder pair of scissor, assorted sutures (at least 2) and needle towels 1 bale 200 roll (Renset Bomull GR) and gauze Hettich hand centrifuge C 1011 (Manual) Heamoglobinometer (Sahli's) Item Code Hb -10 Concern Worldwide Timer Slide rack Staining Jars Variable micro Pipettes and stand Sprit Lamp Measuring Jars Test tubes Microscope slides & cover slips Specimen collection cups, tubes and capillary tubes 01 01 01 01 01 01 01 01 01 Reagents, stains and test kits 01 Autoclaves and sterilizers 6 Receptacle for soil pads, dressing ect. Jar for forceps 9 9 A typical mechanical timer R>K slide staining Rack - 20 slides staining jar variable micro pipiettes ( 1x50 ) and stand Alcohol/sprit lamp metal of Plastic 500-1000 mls./rubber Test tube glass cylindrical bottom Microscope slides & cover slips (glass) Specimen collection cups, tubes and capillary tubes Reagent, stains and test kits including Gram's stain kits & Giemsa stain Autoclaves/ steam sterillizers 1941X New steam 14" Dia x 10" depth (inches) manual 45 min non electrical cover rubber bucket 50 lit. Jar for forcepts (1000mls plastic or mental Concern Worldwide Tray with routine & emergency drugs, syringes and needles Ambu resuscitator and mask (adult) Ambu resuscitator and mask (Infant) Ambu resuscitator and mask (newborn) albustix for testing for protein 9 10 10 retoutine emergency tray with equipment one st each 1500mls 500mls 10 27 250mls albustix for testing for protein. Concern Worldwide C. Tenderers Declaration In response to your letter of invitation to tender for the above contract, we, the undersigned, hereby declare that: 1 We have examined and accept in full the content of the dossier for invitation to tender (Including Concern Worldwide’s Programme Participant Protection Policy) No. CSL/001/EU-2013 We hereby accept its provisions in their entirety, without reservation or restriction. 2 We offer to deliver, in accordance with the terms of the tender dossier and the conditions and time limits laid down, without reserve or restriction the following: LOT 1 LOT 2 LOT 3 LOT 4 TOTAL PRICE: [……………………………………………..] TOTAL PRICE: [……………………………………………..] TOTAL PRICE: [……………………………………………..] TOTAL PRICE: [……………………………………………..] TOTAL TENDER PRICE: [……………………………………………..] 3 4 5 6 7 . This tender is valid for a period of 60 days from the final date for submission of tenders. We will inform Concern Worldwide immediately if there is any change in the above circumstances at any stage during the implementation of the contract. We also fully recognise and accept that any inaccurate or incomplete information deliberately provided in this application may result in our exclusion from this and other contracts of Concern Worldwide. We note that Concern Worldwide is not bound to proceed with this invitation to tender and that it reserves the right to award only part of the contract. We agree to adhere to all of the terms and conditions of Concern Worldwide as provided in the tender dossier. We confirm that we adhere to Concern Worldwide’s Code of Conduct for Suppliers, summarized as follows; Employment is freely chosen. The rights of staff to freedom of association and to collective bargaining are respected. Working conditions are safe and hygienic. No exploitation of children. Wages paid are adequate to cover the cost of a reasonable living. Working hours are not excessive. No discrimination is practiced. Regular employment is provided. No harsh or inhumane treatment of staff is allowed. Concern Worldwide Yours faithfully: Name and first name: Duly authorised to sign This Tender on Behalf of: Place and date: Stamp of the firm/company: Concern Worldwide D. Tenderer Submission Form Tender reference: CSL/001/EU-2013 Date: 04th March 2011 Concern Worldwide Freetown Sierra Leone One signed original form must be supplied. The following form must be completed by all tenderers to demonstrate to Concern Worldwide that it will have at its disposal the resources necessary for performance of the contract. 1 Submitted By Name(s) of tenderer(s) Manager Member Etc … 2 Contact Person (For this Tender) Name Address Telephone Fax E-mail 3 Economic and Financial Capacity Please submit a copy of the latest audited financial statements of your company. If audited accounts are not yet available for this year or last year, please provide your latest estimates clearly identifying estimated figures. Concern Worldwide 4. Trade References Please complete the table below using the format below to summarise the major relevant supplies/services/works carried out in the course of the past 3 years by the tenderer. The number of references to be provided must not exceed 15 for the entire tender Ref # (maximum 15) NGO/Company Name Contact Details in NGO/Co. Country … Total supply value No of staff provided Dates Description of Contract Related Services Provided Concern Worldwide E. Concern Worldwide’s Terms and Conditions CONCERN WORLDWIDE PURCHASING TERMS AND CONDITIONS Unless the context indicates otherwise, the term “Buyer” refers to Concern Worldwide. The term “Seller” refers to the entity named on the order and contracting with the Buyer. The term “Contract” can be taken to mean either (a) the purchase order or (b) the supply agreement, whichever is in place. GENERAL TERMS AND CONDITIONS 1) Price: The prices stated on the order shall be held firm for the period and / or quantity unless specifically stated otherwise 2) Source of Instructions: The Seller shall not seek nor accept instructions from any source external to Concern Worldwide in relation to the performance of the contract. 3) Assignment: The Seller shall not assign, transfer, sublet or subcontract the contract or any part thereof without the prior written consent of the Buyer. 4) Corruption: The Seller shall not give, nor offer to give, anyone employed by the Buyer an inducement or gift that could be perceived by others to be a bribe. The Seller agrees that a breach of this provision may lead to an immediate end to business relationships and termination of existing contracts. 5) Confidentiality : All data, including but not limited to, maps, drawings, photographs, estimates, plans, reports and budgets that has been compiled by or received by the Seller under the contract shall be the property of Concern Worldwide and shall be treated as confidential. All such data should be delivered to the authorized officials representing the Buyer upon request. 5.2) The Seller may not communicate at any time to any other person, government or authority external to Concern Worldwide, any information that has been compiled through association with Concern Worldwide which has not been made public except with written authorisation from the Buyer. These obligations do not lapse upon termination of the contract. 6) Use of Emblem or Name: Unless otherwise agreed in writing; the Seller shall not advertise nor make public the fact that it is supplying goods or services to the Buyer, nor shall the Supplier in any way whatsoever use the name or emblem of Concern Worldwide in connection with its business or otherwise. 7) Observance of Law: The Seller shall comply with all laws, ordinances, rules and regulations bearing upon the performance of its obligations under the terms of the contract. Concern Worldwide 8) Force Majeure: The meaning of the term can be taken to mean acts of God, war (declared or not), invasion, revolution, insurrection or acts similar in nature or force. 8.2) In the event of and as soon as possible after the occurrence of any cause deemed force majeure, the Seller must inform the Buyer of the full particulars in writing. If the Seller is rendered unable either in part or in whole to perform its obligations then the Buyer shall take such action as it considers, in its sole discretion, to be appropriate or necessary in the circumstances. 8.3) If the Seller is permanently rendered incapable in whole or part by reason of force majeure to complete its obligations and responsibilities under the contract then the Buyer will have the right to suspend or terminate the contract on the same terms and conditions laid out in section 9. 9) Cancellation: The Buyer reserves the right to cancel the contract should it suspend its activities or through changes to its mandate by virtue of the Executive Council of Concern Worldwide and/or lack of funding. In such a case the Seller shall be reimbursed by Concern Worldwide for all reasonable costs incurred by the Seller, including all materials satisfactory delivered and conforming to specification and terms of contract, prior to receipt of the termination notice. 9.2) Should the Seller encounter solvency problems including, but not limited to, bankruptcy, liquidation, receivership and similar, the buyer reserves the right to terminate the contract immediately without prejudice to any other right or remedy it may have under the terms of these conditions. 10) Warranty: The Seller shall provide the Buyer with all manufacturers’ warranties. The supplier warrants that all goods supplied in relation to the contract meets specification, is defect free and is fit for the purpose of the intended use. If, during the warranty period, the goods are found to be defective or non- conforming to specification, the Seller shall promptly rectify the defect. If the defect is permanent then at the choice of the Buyer the Seller will either replace the item at their cost or reimburse the Buyer. 11) Inspection and Test: The Seller must inspect the goods prior to dispatch to ensure conformance to specification and/or any other provisions of the contract. The Buyer reserves the right to inspect the goods for compliance with specifications and provisions of the contract. If, in the Buyers’ opinion, the goods and/or services do not comply with the specification, the Buyer will inform the Seller in writing. In such a case the Seller shall take the necessary action to ensure compliance, liability for any additional cost incurred for rectifying compliance will rest with the Seller. 12) Changes: The Buyer reserves the right to make reasonable changes at any time to the specification, drawings, plans, quantity, packing instructions, destination, or delivery instruction. If any such change affects the price of goods or performance of service the Seller and Buyer may negotiate an equitable adjustment to the contract, provided that the Seller claims for adjustments in writing to the Buyer within 30 days from being notified of any change. Concern Worldwide 13) Export License: If an export license or licenses are required for the goods, the Seller has the responsibility to obtain that license or licenses. 14) Payment Terms: Unless otherwise agreed, payment terms will be net 30 days from receipt of a correctly prepared invoice. 15) Ethics: The nature of Concern Worldwide operations necessitates that the Seller must maintain ethical and moral standards including but not limited to, no discrimination on the basis of race, gender, religion or age, avoidance of materials/services provided with the use of slavery including child labour. Failure to maintain such standards, in the opinion of the buyer, may result in termination of the business relationship between the Buyer and Seller. Concern Worldwide is a signatory to and supporter of the Oxfam Supplier Code of Conduct policy, which the Seller must comply with. 16) Rights of Concern Worldwide: Should the Seller fail to perform under the terms and conditions of the contract, including but not limited to failing to obtain export licenses or to make delivery of all or part of the goods by the agreed delivery date(s), the buyer may, after giving reasonable notice to the Seller, exercise one or more of the following rights: Procure all or part of the goods from an alternate source, in which event the Buyer may hold the Seller liable for additional costs incurred. Refuse to accept all or part of the goods. Terminate the contract. 17) No Agency: This order does not create a partnership between the Buyer and Seller or make one party the agent for the other for any purpose. Concern Worldwide F. Programme Participant Protection Policy Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. Introduction Rights of programme participants Concern Worldwide’s policy Partner agencies Measures Local culture Relationships with programme participants Concern Worldwide Staff Code of Conduct Review Throughout this document, the term inappropriate behaviour is intended to include, among other things: Any form of gender based violence including, but not limited to: o Bullying o Verbal, physical or sexual harassment o Rape o Exploitation o Intimidation o Victimization Any form of racial discrimination or harassment Entering into relationships which cause, or could potentially cause, conflicts of interest at work Behaving in a manner which brings, or could potentially bring, the organisation into disrepute Behaviour that shows a lack of respect for the dignity of others Behaving in an obviously culturally insensitive manner Behaving in a manner which leads to, or could potentially lead to, health or security problems for the person themselves, or for other people Theft Unauthorised use or possession of Concern Worldwide property – or of the property of a third party while acting or purporting to act on behalf of Concern Worldwide Serious negligence or deliberate misuse of Concern Worldwide property Any attempt to commit fraud or to accept or solicit a bribe Unauthorised absence without due cause, or persistent absence or bad time keeping 1. Introduction Concern Worldwide is aware that the goods and services provided through our relief and development programmes can create a power differential between those who are employed by Concern Worldwide and the programme participants. We acknowledge that there is potential for this power imbalance to be exploited by Concern Worldwide employees to acquire bribes, payments, gifts, and/or sexual favours. Concern Worldwide’s Programme Participant Protection Policy has been developed to ensure the Concern Worldwide maximum protection of programme participants from exploitation and to clarify the responsibilities of Concern Worldwide staff and the standards of behaviour expected of them. Abuse of power has, in the past, led to many forms of exploitation, both within the relief and development sphere in developing countries, and in social institutions in Europe and America. The HIV/AIDS pandemic has added to the vulnerability of children who are increasingly targeted for unprotected sex because of the greater likelihood that they are uninfected, or in some cases, because the belief may persist that having sex with a virgin is a way of curing AIDS. Concern Worldwide condemns any such exploitation and is committed to the protection of programme participants. Concern Worldwide’s Staff Code of Conduct has been amended to reflect this policy. The Policy and the Code apply not only to Concern Worldwide staff members, but also to Visitors to Concern Worldwide, and to the personnel of Partner Agencies. Where appropriate, references in the Policy and the Code to Concern Worldwide staff members shall apply to visitors to Concern Worldwide and to the personnel of Partner Agencies. Acceptance of this policy should be a requirement of any partnership agreement that Concern Worldwide enters into with other organisations. 2. Rights of programme participants All programme participants have the same right to absolute freedom from exploitation as any other human being. Such rights are prescribed in, among other documents, the Universal Declaration of Human Rights, the UN Convention on the Rights of the Child (UNCRC), the UN Convention for the Elimination of all Forms of Discrimination against Women (CEDAW), and in the national laws of most of the countries in which we work. 3. Concern Worldwide’s policy It is Concern Worldwide’s policy to take all steps that are reasonably possible to protect programme beneficiaries - children, women and men - from harassment and abuse perpetrated by employees of Concern Worldwide, Concern Worldwide’s partner organisations, or official visitors to programmes such as those involved with Concern Worldwide’s work as contractors, consultants, visiting donors, journalists, etc. Concern Worldwide acknowledges that certain groups, such as children (individuals under 18 years of age) and women, are considered most at risk from abuse, harassment and sexual violence. While recognising that harassment and sexual violations of adult men does occur, the policy concentrates on the prevention of abuse of women and children, as this group is generally more at risk from forms of violence such as bullying, physical violence, political pressure and/or financial extortion. 4. Partner Agencies Concern Worldwide increasingly works through local partner NGOs, civil society organisations, and community-based groups, with the result that there is less direct contact between our employees and programme participants. However, acceptance of this policy by Partner Agencies is a requirement of any partnership agreement that Concern Worldwide enters into with other organisations. Wherever Concern Worldwide is working with, funding, or supporting partner agencies to work directly with programme Concern Worldwide participants, the provisions of this policy must be a condition of every partnership agreement. This policy should be used as a tool to bring up the issue of staff conduct during negotiations with partner agencies. The funding of a partner agency will be dependent on adherence to the principles contained in this policy document. 5. Measures Concern Worldwide staff members must be aware of the power dynamics that NGOs wittingly and unwittingly create within programme participant communities, and between employees and programme participants. Abuse of power is often at the base of most incidents of harassment, exploitation and inappropriate behaviour by employees. A number of simple measures can easily be taken to tackle unequal power relationships or to eliminate the chances of staff members exploiting their position of power: As far as is possible, ensuring field-work teams are gender-balanced and that some women hold positions of seniority. Making programme participants aware: of their entitlement to humanitarian assistance; of Concern Worldwide’s employees’ duty to deliver it without discrimination; that whatever goods or services are delivered cannot be withheld or withdrawn on the whim of one or more staff members and that it is unacceptable for Concern Worldwide staff members to solicit or accept bribes, rewards, gifts, sexual favours, etc, from a programme participant. Clarifying the channels for lodging complaints by appointing and training one senior staff member in each field to be responsible for further training and awareness raising among all staff members and for investigating all complaints. This person should report directly to the Country Director (if s/he is not the designated contact person). Ensuring that no individual staff member of the organisation can create a situation where he or she alone is perceived to be the sole and final authority in allocating benefits. It is the responsibility of all senior management at field and head office levels to ensure that all staff, personnel from Partner Agencies, consultants, and visitors to Concern Worldwide are acquainted with the requirements of the Policy. If acts have been committed in relation to our programme participants which are criminal, grossly infringe children’s rights, or contravene the principles contained in this document, the organisation will take immediate action appropriate to the circumstances. This may mean for: Staff/Volunteers disciplinary action/dismissal Partner Agency personnel - review of staffing policy/withdrawal of funding or support Contractors/Consultants termination of contract Visitors to Concern Worldwide removal from field location Any action taken will be in accordance with Concern Worldwide’s policies and procedures. Concern Worldwide Depending on the nature, circumstances and location of the case, Concern Worldwide will involve the appropriate authorities to ensure the protection of programme participants, and initiate criminal prosecution where this is appropriate. 6. Local culture In order to be fully aware of the programme participant protection issues Concern Worldwide faces, it is essential for Concern Worldwide staff to be aware of local cultural and religious practices. It should not be forgotten that cultural misunderstanding can be a two-way problem. However, ‘culture’ can never be an excuse or motive for inappropriate behaviour. 7. Relationships with programme participants As employees of Concern Worldwide, staff members have potentially greater access to goods, services and power than members of the programme participant community, and this greater access could be used to pressure or exploit programme participants. All employees are obliged to declare potential conflicts of interest, exercise discretion, professionalism and good judgment when there is a relationship between Concern Worldwide employees and programme participants. Similarly, it is expected that employees declare potential conflicts of interest between themselves and (potential) subcontractors and applicants for positions within Concern Worldwide. We believe that children deserve special protection and that our staff should carry out their duties in ways that do not violate the rights of the child. While recognising that Concern Worldwide employees are often also members of the programme participant community, and therefore may be married or have longestablished relationships in the programme participant community, Concern Worldwide strongly discourages staff from engaging in sexual relationships with members of communities with whom they are working directly and reserves the right to take action where Concern Worldwide deems it appropriate, which may include disciplinary action/dismissal. 8. Concern Worldwide Staff Code of Conduct A Staff Code of Conduct is considered a key tool for the prevention of harassment, exploitation and inappropriate behaviour by staff. The Concern Worldwide Staff Code of Conduct describes acceptable standards of behaviour and promotes good practice. Concern Worldwide’s Human Resources Policy sets out the Code of Conduct for relations within Concern Worldwide. In order to prevent harassment, exploitation, or abuse, guidelines for appropriate behaviour are included in the Concern Worldwide Staff Code of Conduct. It is important that all current staff members of Concern Worldwide, the representatives of Partner Agencies, and Visitors are given a copy of the Concern Worldwide Staff Code of Conduct in a language that they can understand. As part of pre-employment induction procedures, new staff members shall be asked to read the Concern Worldwide Code of Conduct and sign it to confirm that they have understood its content and agree to conduct themselves accordingly. It is the Concern Worldwide responsibility of all Concern Worldwide employees to adhere to the Concern Worldwide Staff Code of Conduct. Any Concern Worldwide or suspicions about a suspected incident of exploitation, harassment or bullying of programme participants, whether major or minor, should always be discussed with a line manager or other senior member of staff. A fuller picture is likely to emerge which might reduce the level of Concern Worldwide or, on the other hand, may lead to the realisation that further action is appropriate. All such Concern Worldwide must be recorded and the record held in a secure location. 9. Review The implementation of this policy will be monitored through a range of instruments such as programme, country and sector evaluations. Concern Worldwide recognises that both internal and external environments change. Such change may have a bearing on the scope and content of this policy. Consequently, it will be reviewed periodically. The review process will be consultative and participatory in nature. The responsibility for initiating the policy review process rests with Concern Worldwide’s Senior Management and Council, but will be guided by the HR Directorate in Dublin. Signed on Behalf of Seller Name _______________________ Date: Witnessed By Date Concern Worldwide G. Draft Supplier Contract Format: Draft Supplier Contract Format Concern Worldwide Sierra Leone (Hereafter referred to as the BUYER) Of the one part, And (Hereafter referred to as the SELLER) Of the other part, Have agreed as follows: CONTRACT TITLE: SR 09326 Tender Ref: CSL/001/EU-2013 . Article 1: Commodity and Price to be supplied: To be completed upon award of contract Commodities Quantity Specification Unit Price Total Le Concern Worldwide 1.1 All the supplies to be delivered to Concern Worldwide as stated in Article 1. 1.2 The seller shall comply strictly with the buyer’s terms and conditions as per the tender dossier. Article 2 Price 3.1 The price of the supplies shall be that shown on the financial offer. The total maximum contract price shall be in Leones 3.2 The price referred to above shall be the sole remuneration owed by the Buyer to the Seller under the contract. It shall be firm and shall not be subject to revision. 3.3 Payment shall be made in accordance with the total value of contract, as specified in Article 1. The Seller will be paid upon complete agreement of all instructions specified in Article 1. Article 3: Payment Terms. 3.1 The payment of the total value of contract, specified in Article 1, will be made in accordance with the payment schedule listed below. Confirmation of unloading and acceptance of the goods at the Buyers designated sites in Magburaka town, by an authorised staff member, will be required for payments to be processed. Example Only X% of the total contract value Payable on confirmation of receipt of X% of quantities ordered. 3.1.1 Delivery terms – delivery will be Delivery Duty Paid (DDP) to the designated site in Freetown, Sierra Leone. 3.2 Delivery Time: within 4 weeks from the date of signing the Contract Article 4: Penalty Clause. 4.1 Where the Seller infringes the terms of delivery under this contract, the Buyer has the right to: Impose a penalty of 1% of the contract value for each late day of delivery. Cancel the contract. Article 5: Guarantee. 5.1 The Seller guarantees the quality and quantity of all equipment as specified in Article 1 and provides business registration and quality certificates, if applicable. Concern Worldwide 5.2 The Buyer has the right to refuse / reject any equipment from the seller that do not meet the stated specification in Article 1 and/or the technical specification / literature submitted. Article 6: Other Conditions 6.1 6.2 6.3 6.4 This contract comes into effect from the date of signing. All changes and amendments or additional clauses to this contract must be mutually agreed and signed by both parties and will be binding on both parties. No party is entitled to transfer its rights and obligations under the present contract to a third party without written consent of the other party. Upon signing the present contract all the previous negotiations and correspondence related to this contract will become null and void. Article 7: Order of precedence of contract documents The contract is made up of the following documents, in order of precedence: Contract Contracting Buyers General Terms and Conditions Technical Specifications Budget Breakdown (Financial Offer Template) The various documents making up the contract shall be deemed to be mutually explanatory. In cases of ambiguity or divergence, they should be read in the order in which they appear above. Signed on Behalf of Seller Signed on Behalf of Buyer Name Name _______________________ ___________________________ Date: Date: Witnessed By Witnessed By Date Date Concern Worldwide Concern Worldwide Tender Checklist 1. Technical Specification and Offer 2. Tenderers Declaration 3. Tenderer Submission Form 4. Tenderer Submission References 5. Programme Participant Protection Policy