OPEN COMPETITIVE FOR MAINTENANCE OF HEATED VENTILATION AND AIR CONDITIONING AT NTOMA TELEPORT FOR LOCUS DYNAMICS

Title: Hiring a technician for Maintenance of Heated Ventilation and Air Conditioning at Ntoma Teleport for Locus Dynamics

Tender Title	Hiring a technician for Maintenance Heated Ventilation and Air Conditioning at Ntoma Teleport for Locus Dynamics
Tender Reference Number	OCB/01/11/LD/2024
Tender Method	Open Competitive Bidding
Date of issue of tender	15/12/2024

Locus Dynamics Ltd is pleased to request you to submit your both technical and financial proposal for the aforementioned service, as per attached Terms of Reference (TOR)

Prepared by:Approved by:

Charity MUTESI Ronny TWAHIRWA

Procurement Assistant and ITC secretary Ag.Managing Director

 ADMINISTRATIVE DOCUMENTS REQUIRED

• Bid submission form and price schedules well printed and properly organized.
• RDB certificate of registration
• RSSB Clearance
• RRA tax clearance
• BNR License

Note: The above is applicable to companies only

TERMS OF REFERENCE 

Maintenance Contract Terms of Reference (ToR) for HVAC Systems at Ntoma Teleport

Introduction

Locus Dynamics Ltd. (LD) is a systems engineering and integration company with a specific focus in areas of Aerospace & Robotics, Information Technology, and Integrated Security Solutions. LD offers key services to Rwanda, with a vision to grow to other African Markets: Engineering, Project Management, Drone Services, Consultancy and R&D, and Training and Simulations. LD operates a Teleport located in Nyagatare District, around 170 km from Kigali.

Scope of Work

The scope of this maintenance contract includes regular preventive maintenance, emergency repairs, and ongoing monitoring of the following HVAC units located at the Teleport:

• 4 x HVAC (outdoor unit) Alliance FOUSI34X
• 4 x HVAC (indoor unit) Alliance FOUSI34 Inverter Midwall Split
• 6 x HVAC (outdoor unit) Alliance FOUDI60X
• 6 x HVAC (indoor unit) Alliance FOUHI60

Deliverables

The successful maintenance company will provide the following deliverables:

• Regular preventive maintenance of the HVAC units, following the specified schedule.
• Curative repairs as needed, with 24/7 availability.
• Regular monitoring of HVAC system performance.
• Detailed reports and documentation of all maintenance work performed.
• Compliance with all local and national HVAC codes, regulations, and safety standards.

Required Qualifications and Experience

The maintenance company should have certified professionals with extensive experience with Alliance brand HVAC systems, particularly the FOUSI and FOUDI series models. The company should also have access to genuine spare parts for these units. Furthermore, the company must carry liability insurance to cover any potential damages or accidents during the maintenance process.

Timeline

Given Rwanda's climatic conditions, the following maintenance schedule is recommended:

• Preparation for Rainy Season: On-call preventive maintenance should be conducted in February, ahead of the long rainy season, and in early September, before the short rains. Maintenance will be scheduled as needed based on system performance and environmental factors.
• Preparation for Dry Season: On-call maintenance checks and cleaning should be performed in May, prior to the start of the long dry season, and in November, before the short dry season begins. Regular checks will be carried out as needed, depending on system requirements and weather conditions.

Note: LD will initiate all kind of maintenance (Preventive, Curative and regular maintenance) services upon request (on-call), based on operational or climatic needs.

CONCLUSION

LD invites companies to submit their credentials, including certifications, experience, references, and proposed cost, to enable LD to evaluate and select the most appropriate maintenance provider for our HVAC systems. It's our aim to ensure the longevity and efficiency of the HVAC units, prevent unexpected breakdowns, and maintain optimal working conditions within the Teleport.

 Section I.  Instructions to Bidders

 A.General

1. Scope of Bid

1.1 The Procuring Entity indicated in the Bidding Data Sheet (BDS), issues these Bidding Documents for the supply of Services and Related Services incidental thereto as specified in Section V, Schedule of Requirements. The name and identification number of this National Competitive Bidding (NCB) procurement are specified in the BDS. The name and identification are provided in the BDS.

1.2 Throughout these Bidding Documents:

(a)  “Client/Procuring Entity” means the agency with which the selected Consultant signs the Contract for the Services.

(b)  “Contract” means the agreement between the Procuring Entity and the successful bidder.

(c) “Data Sheet” means such part of the Instructions to Bidders used to reflect specific assignment conditions.

(d) “Day” means calendar day.

(e) “Government” means the Government of the Republic of Rwanda.

(f) “Instructions to Bidders” (Sections I and II of the Bidding Document) means the document which provides Bidders with all information needed to prepare their Bids.

(g) “SBD” means the Standard Bidding Document, which must be used by the Client as a guide for the preparation of the Bidding Document.

(h)  “Sub-Contractor” means any person or entity with which the Bidder subcontracts any part of the Supplies.

(i)  the “lowest – evaluated bid” means a bid which is substantially responsive and offers the Lowest price.

2. Source of Funds

The Procuring Entity LOCUS DYNAMICS Ltd (hereinafter called “Client”) specified in the BDS has received funds (hereinafter called “funds”) from toward the cost of the project named in the BDS.  The Client intends to apply the funds to the payments under the contract for which these Bidding Documents are issued.

3. Fraud and Corruption

3.1 Rwanda public procurement policy requires that all bidders, suppliers, and contractors, their subcontractors and the procuring entities representatives, observe the highest standard of ethics during the procurement and execution of such contracts. In pursuance of this policy, Rwanda Public Procurement Authority:

(a) Defines, for the purposes of this provision, the terms set forth below as follows:

(i) Corrupt practice is the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party;

(ii) Fraudulent practice is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation;

(iii) Collusive practice is an arrangement between two or more parties designed to achieve an improper purpose, including to influence improperly the actions of another party;

(iv) Coercive practice is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

(b) will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for the contract in question;

(c) will sanction a firm or individual, including declaring ineligible, either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines that the firm has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive or obstructive practices in competing for, or in executing, a contract; and

(d) will have the right to require that a provision be included in bidding documents and in contracts, requiring bidders, suppliers, and contractors and their sub-contractors to permit the LOCUS DYNAMICS Ltd to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the LOCUS DYNAMICS Ltd.

3.2 Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 3.1 of the General Conditions of Contract.

4. Eligible Bidders

4.1 Participation is open on equal conditions to all companies or persons fulfilling the requirements herein except where:

(i) The bidder is currently blacklisted

(ii) The bidder has been prosecuted and found guilty in court, including any appeals process on corruption charges

(iii) The bidder is bankrupt

(iv) The Bidder has been excluded in accordance with regional or international conventions.

This criterion shall also apply to the proposed subcontractors or suppliers for any part of the Contract including Related Services.

4.2 A Bidder shall not have a conflict of interest.  All bidders found to have conflict of interest shall be disqualified.  Bidders may be considered to have a conflict of interest with one or more parties in this bidding process, if they:

(a) Are or have been associated in the past, with a firm or any of its affiliates, for the preparation of the design, specifications, and other documents to be used for the procurement of the services to be purchased under these Bidding Documents; or

(b) Submit more than one bid in this bidding process, except for alternative offers permitted under ITB Clause 13.  However, this does not limit the participation of subcontractors in more than one bid;

4.3 Bidders shall provide such evidence of their continued eligibility satisfactory to the Purchaser, as the Procuring Entity shall reasonably request.

5 Eligible Services and Related Services

5.1 All the Services and Related Services to be supplied under the Contract may have their origin in any country.

5.2 For purposes of this Clause, the term “services” includes commodities, raw material, machinery, equipment, and industrial plants; and “related services” includes services such as insurance, installation, training, and initial maintenance.

6 The term “origin” means the country where the services have been mined, grown, cultivated, produced, manufactured or processed; or, through manufacture, processing, or assembly, another commercially recognized article results that differs substantially in its basic characteristics from its components.

6.1 The Invitation for Bids issued by the Procuring Entity is part of the Bidding Documents.

6.2 The Procuring Entity is not responsible for the incompleteness of the Bidding Documents and their addendum, if they were not obtained directly from the Purchaser.

6.3 The Bidder is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents.  Failure to furnish all information or documentation required by the Bidding Documents may result in the rejection of the bid.

7 Clarification of Bidding Documents

Any bidder may request in writing to the procuring entity, at its address mentioned in the BDS, for clarifications on the bidding document. The Procuring Entity shall respond to any request for clarification within three (3) days from the day of its reception. The Procuring Entity shall communicate and forward, without disclosing the source of the request for clarification, to all bidders the copies of the clarifications that were given in response to the request by the Procuring Entity. Should the Procuring Entity deem it necessary to amend the Bidding Documents as a result of a clarification, it shall do so following the procedure under procurement manual.

 

8 Amendment of Bidding  Documents

8.1 At any time prior to the deadline for submission of bids, the Procuring Entity may amend the Bidding Documents by issuing addendum.

8.2 Any addendum issued shall be part of the Bidding Documents and shall be communicated in writing to all who have obtained the Bidding Documents directly from the Purchaser.

8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their bids, the Procuring Entity may, at its discretion, extend the deadline for the submission of bids.

B. Preparation of Bids

 

9 Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of its bid, and the Procuring Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

10 Language of Bid

The Bid, as well as all correspondence and documents relating to the bid exchanged by the Bidder and the Purchaser, shall be written in the language specified in the BDS.  Supporting documents and printed literature that are part of the Bid may be in another language provided they are accompanied by an accurate translation of the relevant passages into the language specified in the BDS, in which case, for purposes of interpretation of the Bid, such translation shall govern.

11 Documents Comprising the Bid

11.1 The Bid shall comprise the following (if applicable):

a) Bid submission form and Price schedules well printed and properly organized.

b) Copy of Trading License  

c) Original or a certified copy of the Social Security certificate

d) Original or a certified copy of the tax clearance certificate

e) Bid security

f) Declaration of commitment

g) Proof of purchase of tender document

h) At least three (3) References of similar tenders executed and successfully completed in government institutions.  

i) Written confirmation authorizing the signatory of the Bid to commit the Bidder

12 Bid Submission Form and Price Schedules

12.1 The Bidder shall submit the Bid Submission Form using the form furnished in Section IV, Bidding Forms.  This form must be completed without any alterations to its format, and no substitutes shall be accepted.  All blank spaces shall be filled in with the information requested.

12.2 The Bidder shall submit the Price Schedules for Services and Related Services, according to their origin as appropriate, using the forms furnished in Section IV, Bidding Forms

13 Alternative Bids

Unless otherwise specified in the BDS, alternative bids shall not be considered.

14 Bid Prices and Discounts

14.1 The prices and discounts quoted by the Bidder in the Bid Submission Form and in the Price Schedules shall conform to the requirements specified below.

14.2 All lots and items must be listed and priced separately in the Price Schedules.

14.3 The price to be quoted in the Bid Submission Form shall be the total price of the bid, excluding any discounts offered.

14.4 The Bidder shall quote any unconditional discounts and indicate the method for their application in the Bid Submission Form.

14.5 The INCOTERMS to be used shall be governed by the rules prescribed in the current edition, published by The International Chamber of Commerce, as specified in the BDS.

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).  Unless otherwise indicated in the BDS, prices quoted shall correspond to 100 % of the items specified for each lot and to 100% of the quantities specified for each item of a lot.  Bidders wishing to offer any price reduction (discount) for the award of more than one Contract shall specify the applicable price reduction 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 The Bidder shall quote in Rwandan Francs the portion of the bid price that corresponds to expenditures incurred in Rwanda Francs, unless otherwise specified in the BDS.

15.2 The Bidder may express the bid price in any freely convertible currency.  If the Bidder wishes to be paid in a combination of amounts in different currencies, it may quote its price accordingly but shall use no more than two currencies in addition to the Rwanda Francs.

15.3 The rates of exchange to be used by the Bidder in arriving at the local currency equivalent and the percentages mentioned in para. 15.1 above shall be the selling rates for similar transactions established by the authority specified in the BDS prevailing on the deadline for submission of bids.  These exchange rates shall apply for all payments so that no exchange risk shall be borne by the Bidder.  If the Bidder uses other rates of exchange, the provisions of ITB Clause 26.1 shall apply; in any case, payments shall be computed using the rates quoted in the Bid.

16 Documents Establishing the Conformity of the Services and Related Services

16.1  To establish the conformity of the Services and Related Services to the Bidding Documents, the Bidder shall furnish as part of its Bid the documentary evidence that the Services conform to the technical specifications and standards specified in Section V, Schedule of Requirements.

16.2 The documentary evidence may be in the form of literature, drawings or data, and shall consist of a detailed item by item description of the essential technical and performance characteristics of the Services and Related Services, demonstrating substantial responsiveness of the Services and Related Services to the technical specification, and if applicable, a statement of deviations and exceptions to the provisions of the Schedule of Requirements.

16.3 The Bidder shall also furnish a list giving full particulars, including available sources and current prices of spare parts, special tools, etc., necessary for the proper and continuing functioning of the Services during the period specified in the BDS following commencement of the use of the services by the Procuring Entity.

 

16.4 Standards for workmanship, process, material, and equipment, as well as references to brand names or catalogue numbers specified by the Procuring Entity in the Schedule of Requirements, are intended to be descriptive only and not restrictive.  The Bidder may offer other standards of quality, brand names, and/or catalogue numbers, provided that it demonstrates, to the Procuring Entity’s satisfaction, that the substitutions ensure substantial equivalence or are superior to those specified in the Schedule of Requirements.

17 Documents Establishing the Qualifications of the Bidder

The documentary evidence of the Bidder’s qualifications to perform the contract if its bid is accepted shall establish to the Procuring Entity’s satisfaction:

(a) that, if required in the BDS, a Bidder that does not manufacture or produce the Services it offers to supply shall submit the Manufacturer’s Authorization using the form included in Section IV, Bidding Forms to demonstrate that it has been duly authorized by the manufacturer or producer of the Services to supply these Services in Rwanda;

(b) that, if required in the BDS, in case of a Bidder not doing business within Rwanda, the Bidder is or will be (if awarded the contract) represented by an Agent in Rwanda equipped and able to carry out the Supplier’s maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications; and

(c) That the Bidder meets each of the qualification criterions specified in Section III, Evaluation and Qualification Criteria.

18 Bids Validity Period

18.1 Bids shall remain valid for the period specified in the BDS after the bid submission deadline date prescribed by the Purchaser.  A bid valid for a shorter period shall be rejected by the Procuring Entity as non-responsive.

18.2 In exceptional circumstances, prior to the expiration of the bid validity period, the Procuring Entity may request bidders to extend the period of validity of their bids. The request and the responses shall be made in writing. If a Bid Security is requested in accordance with ITB Clause 19, it shall also be extended for a corresponding period. A Bidder may refuse the request without forfeiting its Bid Security.

19 Bid Security

19.1 The Bidder shall furnish as part of its bid, a Bid Security, if required, as specified in the BDS. 

19.2 The Bid Security shall be in the amount specified in the BDS and denominated in Rwanda Francs or a freely convertible currency, and shall:

(a) at the bidder’s option, be in the form of either a guarantee from a banking institution or another authorised financial institution;

(b) Be issued by a reputable institution selected by the bidder and located in any country. If the financial institution, other than a bank, issuing the guarantee is located outside Rwanda, it shall have a correspondent financial institution located in Rwanda to make it enforceable.

(c) Be substantially in accordance with one of the forms of Bid Security included in Section IV, Bidding Forms, or other form approved by the Procuring Entity prior to bid submission;

(d) Be payable promptly upon written demand by the Procuring Entity in case the conditions listed in ITB Clause 19.5 are invoked;

(e) Be submitted in its original form; copies will not be accepted;

(f) Remain valid for a period of 28 days beyond the validity period of the bids, as extended, if applicable, in accordance with ITB Clause 18.2;  

19.3 If a Bid Security is required in accordance with ITB Sub-Clause 19.1, any bid not accompanied by a substantially responsive Bid Security in accordance with ITB Sub-Clause 19.1, shall be rejected by the Procuring Entity as non-responsive.

19.4 The Bid Security of unsuccessful Bidders shall be returned as promptly as possible upon the successful Bidder’s furnishing of the Performance Security pursuant to ITB Clause 42.

19.5 The Bid Security may be forfeited executed:

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Submission Form, except as provided in ITB Sub-Clause 18.2; or

(b) if the successful Bidder fails to:

(i) Sign the Contract in accordance with ITB Clause 41;

(ii) Furnish a Performance Security in accordance with ITB Clause 42;

(c) If the successful Bidder refuses corrections of its financial offer.

19.6 The Bid Security of a Joint Venture (JV) must be in the name of the JV that submits the bid.

19.7 If a bid security is not required in the BDS, and

(a) if a Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Letter of Bid Form, except as provided in ITB 18.2, or

(b) if the successful Bidder fails to: sign the Contract in accordance with ITB 41; or furnish a performance security in accordance with ITB 42;

The Procurement Committee may ask LOCUS DYNAMICS Ltd to declare the Bidder disqualified to be awarded a contract for a period of time pursuant to the law on procurement.

20 Format and Signing of Bid

20.1 The Bidder shall prepare one original of the documents comprising the bid as described in ITB Clause 11 and clearly mark it “Original.”  In addition, the Bidder shall submit copies of the bid, in the number specified in the BDS and clearly mark them “Copy.”  In the event of any discrepancy between the original and the copies, the original shall prevail.   

20.2 The original and all copies of the bid shall be typed in indelible ink, stamped and signed by a person duly authorized to sign on behalf of the Bidder.

20.3 Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialled by the person signing the Bid.

C. Submission and Opening of Bids

21 Submission, Sealing and Marking of Bids

21.1 Bidders may always submit their bids by physical delivery or by hand.

Bidders submitting bids by mail or by hand, shall enclose the original and each copy of the Bid, including alternative bids, if permitted in accordance with ITB Clause 13, in separate sealed envelopes, duly marking the envelopes as “Original” and “Copy.”  These envelopes containing the original and the copies shall then be enclosed in one single envelope. The rest of the procedure shall be in accordance with ITB sub-Clauses 21.2 and 21.3.

21.2 The envelopes containing the original and the copies shall be enclosed in one single envelope:

(a) The inner envelopes shall bear the name and address of the Bidder;

(b) The outer envelopes must be anonymous and be addressed to the Procuring Entity in accordance with ITB Sub-Clause 22.1; and

(c) The outer envelopes must bear the specific identification of this bidding process indicated in ITB 1.1 and any additional identification marks as specified in the BDS; and

(d) Bear a warning not to open before the time and date for bid opening, in accordance with ITB Sub-Clause 25.1

21.3 If all envelopes are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid.

22 Deadline for Submission of Bids

22.1 Bids must be received by the Procuring Entity at the address and no later than the date and time specified in the BDS.

22.2 The Procuring Entity may, at its discretion, extend the deadline for the submission of bids by amending the Bidding Documents in accordance with ITB Clause 8, in which case all rights and obligations of the Procuring Entity and Bidders previously subject to the deadline shall thereafter be subject to the deadline as extended.

23 Late Bids

The Procuring Entity shall not consider any bid that arrives after the deadline for submission of bids, in accordance with ITB Clause 22.  Any bid received by the Procuring Entity after the deadline for submission of bids shall be declared late, rejected, and returned unopened to the Bidder.

24 Withdrawal, Substitution, and Modification of Bids

24.1 A Bidder may withdraw, substitute, or modify its Bid after it has been submitted by sending a written notice in accordance with ITB Clause 21, duly signed by an authorized representative, and shall include a copy of the authorization (the power of attorney) in accordance with ITB Sub-Clause 20.2, (except that no copies of the withdrawal notice are required). The corresponding substitution or modification of the bid must accompany the respective written notice.  All notices must be:

(a) submitted in accordance with ITB Clauses 20 and 21 (except that withdrawal notices do not require copies), and in addition, the respective envelopes shall be clearly marked “Withdrawal,” “Substitution,” or “Modification;” and

(b) Received by the Procuring Entity prior to the deadline prescribed for submission of bids, in accordance with ITB Clause 22.

24.2 Bids requested to be withdrawn in accordance with ITB Sub-Clause 24.1 shall be returned unopened to the Bidders.

24.3 No bid may be withdrawn, substituted, or modified 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 Form or any extension thereof.

25 Bid Opening

25.1 The Procuring Entity shall conduct the bid opening in public at the address, date and time specified in the BDS.  

25.2 Only envelopes that are opened and read out at Bid opening shall be considered further.

25.3 All other envelopes shall be opened one at a time, reading out: the name of the Bidder and whether there is a modification; the Bid Prices, including any discounts and alternative offers; the presence of a Bid Security or Bid-Securing Declaration, if required; and any other details as the Procuring Entity may consider appropriate.  Only discounts and alternative offers read out at Bid opening shall be considered for evaluation.  No Bid shall be rejected at Bid opening except for late bids, in accordance with ITB Sub-Clause 23.

25.4 The Procuring 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, substitution, or modification; the Bid Price, per lot if applicable, including any discounts, and alternative offers if they were permitted; 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 attendance sheet.  A copy of the record shall be distributed to all Bidders who submitted bids in time, and posted online when electronic bidding is permitted.

D. Evaluation and Comparison of Bids

26 Confidentiality

26.1 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 publication of the Contract Award.

26.2 Any effort by a Bidder to influence the Procuring Entity in the examination, evaluation, comparison, and post qualification of the bids or contract award decisions may result in the rejection of its Bid.

26.3 Notwithstanding ITB Sub-Clause 26.2, from the time of bid opening to the time of Contract Award, if any Bidder wishes to contact the Procuring Entity on any matter related to the bidding process, it should do so in writing.

27 Clarification of Bids

To assist in the examination, evaluation, comparison and post-qualification of the bids, the Procuring Entity may, at its discretion, ask any Bidder for a clarification of its Bid.  Any clarification submitted by a Bidder in respect to its Bid and that is not in response to a request by the Procuring Entity shall not be considered.  The Procuring 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 Entity in the Evaluation of the bids, in accordance with ITB Clause 29.

28 Responsiveness of Bids

28.1 The Procuring Entity’s determination of a bid’s responsiveness is to be based on the contents of the bid itself.

28.2 A substantially 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 Services and Related Services specified in the Contract; or

(b) Limits in any substantial way, inconsistent with the Bidding Documents, the Procuring 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 responsive bids.

28.3 If a bid is not substantially responsive to the Bidding Documents, it shall be rejected by the Procuring Entity and may not subsequently be made responsive by the Bidder by correction of the material deviation, reservation, or omission.

29 Nonconformities, Errors, and Omissions

29.1 Provided that a Bid is substantially responsive, the Procuring Entity may waive any non-conformities or omissions in the Bid that do not constitute a material deviation.

29.2 Provided that a bid is substantially responsive, the Procuring 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.

29.3 Provided that the Bid is substantially responsive, the Procuring Entity shall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the line-item total that is obtained by multiplying the unit price by the quantity, the unit price shall prevail and the line-item total shall be corrected, unless in the opinion of the Procuring Entity there is an obvious misplacement of the decimal point in the unit price, in which case the line-item total 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.

29.4 If the Bidder that submitted the lowest evaluated Bid does not accept the correction of errors, its Bid shall be rejected.

30 Preliminary Examination of Bids

30.1 The Procuring 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.

30.2 The Procuring Entity shall confirm that the following documents and information have been provided in the Bid.  If any of these documents or information is missing, the offer shall be rejected.

(a) Bid Submission Form, in accordance with ITB Sub-Clause 12.1;

(b) Price Schedules, in accordance with ITB Sub-Clause 12.2;

(c) Bid Security, in accordance with ITB Clause 19, if applicable.

31 Examination of Terms and Conditions; Technical Evaluation

The Procuring Entity shall examine the Bid to confirm that all terms and conditions specified in the GCC and the SCC have been accepted by the Bidder without any material deviation or reservation.

The Procuring Entity shall evaluate the technical aspects of the Bid submitted in accordance with ITB Clause 16 and 17, to confirm that all requirements specified in Section 6, Schedule of Requirements of the Bidding Documents have been met without any material deviation or reservation.

If, after the examination of the terms and conditions and the technical evaluation, the Procuring Entity determines that the Bid is not substantially responsive in accordance with ITB Clause 28, it shall reject the Bid.

32 Conversion to Single Currency

For evaluation and comparison purposes, the Procuring Entity shall convert all bid prices expressed in amounts in various currencies into an amount in a single currency specified in the BDS, using the selling exchange rates established by the source and on the date specified in the BDS.

33 Domestic Preference

Domestic preference shall not be a factor in bid evaluation, unless otherwise specified in the BDS. 

34 Evaluation of Bids

34.1 The Procuring Entity shall evaluate each bid that has been determined, up to this stage of the evaluation, to be substantially responsive.

34.2 To evaluate a Bid, the Procuring Entity shall only use all the factors, methodologies and criteria defined in ITB Clause 34.  No other criteria or methodology shall be permitted.

34.3 To evaluate a Bid, the Procuring Entity shall consider the following:

(a) Evaluation will be done for Items, as specified in the BDS; and the Bid Price as quoted in accordance with clause 12;

(b) Price adjustment for correction of arithmetic errors in accordance with ITB Sub-Clause 29.3;

(c) Price adjustment due to discounts offered in accordance with ITB Sub-Clause 14.4;

(d) Adjustments due to the application of the evaluation criteria specified in the BDS from amongst those set out in Section III, Evaluation and Qualification Criteria;

(e) Adjustments due to the application of a margin of preference, in accordance with ITB Clause 33 if applicable.

35 Comparison of Bids

The Procuring Entity shall compare all substantially responsive bids to determine the lowest-evaluated bid, in accordance with ITB Clause 34.

36 Post qualification of the Bidder

36.1  The Procuring Entity shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest evaluated and substantially responsive bid is qualified to perform the Contract satisfactorily.

36.2 The determination shall be based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by the Bidder, pursuant to ITB Clause 17.

36.3 An affirmative determination shall be a prerequisite for award of the Contract to the Bidder.  A negative determination shall result in disqualification of the bid, in which event the Procuring Entity shall proceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities to perform satisfactorily.

37 Procuring Entity’s Right to Accept Any Bid, and to Reject Any or All Bids

The Procuring Entity reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders.

E. Award of Contract

38 Award Criteria

The Procuring Entity shall award the Contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidding Documents, provided further that the Bidder is determined to be qualified to perform the Contract satisfactorily.

39 Notification of Award

39.1 Before the expiry of the bid validity period, the Procuring Entity shall simultaneously notify the successful and the unsuccessful bidders of the provisional outcome of the bids evaluation.

39.2 The notification shall specify that the major elements of the procurement process would be made available to the bidders upon request and that they have seven (7) days in which to lodge a protest, if any, before a contract is signed with the successful bidder.

39.3 The successful bidder may be required to provide a performance security in accordance with the procurement regulations. Such a security shall not exceed 10 % of the contract Price;

39.4 Upon signature of a contract, the Procuring Entity shall notify other bidders that their bids were not successful and will discharge their bid security, pursuant to ITB Clause 19.4.

39.5 Until a formal Contract is prepared and executed, the notification of award shall constitute a binding Contract.

40 Signing of Contract

40.1 Promptly after notification, the Procuring Entity shall send the successful Bidder the Agreement and the Special Conditions of Contract.

40.2 Within 10 and 15 days for National Competitive Bidding and International Competitive Bidding respectively, after receipt of the Agreement, the successful Bidder shall sign, date, and return it to the Client.

40.3 Notwithstanding ITB 41.2 above, in case signing of the Contract Agreement is prevented by any export restrictions attributable to the Employer, to the country of the Employer, or to the use of the products/services, systems or services to be supplied, where such export restrictions arise from trade regulations from a country supplying those products/services, systems or services, the Bidder shall not be bound by its bid, always provided, however, that the Bidder can demonstrate to the satisfaction of the Procuring Entity that signing of the Contact Agreement has not been prevented by any lack of diligence on the part of the Bidder in completing any formalities, including applying for permits, authorizations and licenses necessary for the export of the products/services, systems or services under the terms of the Contract.

42 Performance Security

42.1 Within 5 and 10 days for National Competitive Bidding and International Competitive Bidding respectively, after receipt of notification of award from the Procuring Entity, the successful Bidder, if required, shall furnish the Performance Security.

42.2 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 award and forfeiture of the Bid Security or execution of the Bid-Securing Declaration.  In that event the Procuring Entity may award the Contract to the next lowest evaluated Bidder, whose offer is substantially responsive and is determined by the Procuring Entity to be qualified to perform the Contract satisfactorily. 

Section II. Instructions to bidders, Bid Data Sheet (BDS)

The following specific data for the Services to be procured shall complement, supplement, or amend the provisions in the Instructions to Bidders (ITB).  Whenever there is a conflict, the provisions herein shall prevail over those in ITB.

ITB Clause Reference	A.General
ITB 1.1	The Procuring Entity is: LOCUS DYNAMICS Ltd
ITB 1.2	Tender Reference No: OCB/01/11/LD/2024
ITB 2	The Source of funds: LOCUS DYNAMICS Ltd
	B.Contents of Bidding Documents
ITB 7	Clarification of bids will be addressed to LOCUS DYNAMICS Ltd. Clarifications may be requested not later than 2 days before the submission date during working days. For Clarification of bid purposes only, the Procuring Entity’s address is: LOCUS DYAMICS Ltd Bodifa Mercy House, 7th Floor, Kimihurua, Gasabo, Kigali - Rwanda Email:nh.procurement@ngali.com     Tel. 0734159630
	C. Preparation of Bids
ITB 10	The language of the bid is English
ITB 11.1	The Bidder shall submit in its bid the following: a. Bid submission form and Price schedules well printed b. A copy of Certificate of domestic company registration
ITB 13	Alternative Bids shall not be considered.
ITB 14.5	The INCOTERMS edition is: “INCOTERMS N/A
ITB 14.6	Prices quoted by the Bidder shall be fixed during the Bidder’s performance of the Contract (One year) and not subject to variation on any account.  A Bid submitted with an adjustable price quotation shall be treated as non-responsive and shall be rejected.
ITB 15.1	The Bidder is required to quote in the Rwanda Francs currency.
ITB 18.1	The bid validity period shall be ninety (90) calendar days, and shall remain valid for a period of 28 days beyond the validity period of the bid.
ITB 19.1	Bid shall include a Bid Security issued by only a reputable and recognized Bank operating in Rwanda: N/A
ITB 19.2	The amount of the Bid Security N/A
ITB 20.1	In addition to the original of the bid, the number of copies are: 01 copy
	A.Submission and Opening of Bids
ITB 22.1	Bids shall be received at Locus Dynamics procurement office no later than  29/11/2024 Time: 10:00am
ITB 25.1	The Bid opening shall take place at the following address; Date:29/11/2024 Time: 10:15am Venue: Locus Dynamics Board room
	B. Evaluation and Comparison of Bids
ITB 32	Bid prices will be in Rwanda Francs (Rwf) currency VAT Inclusive
ITB 33	Domestic preference N/A
ITB 34.3(a)	The evaluation will be done for the entire tender. If a Price Schedule shows items listed but not priced, their prices shall be assumed to be included in the prices of other items. An item not listed in the Price Schedule shall be assumed to be not included in the bid, and provided that the bid is substantially responsive, the average price of the item quoted by substantially responsive bidders will be added to the bid price and the equivalent total cost of the bid so determined will be used for price comparison. The evaluation committee shall base on their confidential budget relevant to the service to be provided and the lowest offer shall not be the only criteria to award the tender.
	C.Award of Contract
ITB 40	The maximum percentage by which an addendum to the contract may be done is 10%   This tender intends to select service provider who shall sign a framework agreement of one year (which may be renewable twice upon satisfactory performance of the contract)