United States Forces - Iraq / Iraq Regional Contracting Office

Represented

SOLICIT ATION, OFFER, 1. SOLICITATION NO. 2. T YPE OF SOLICITATION 3. DATE ISSUED PAGE OF
AND AWARD SEALED BID (IFB) PAGES
(PURCHASE,) S-IZ101-04-R-0026 2020
NEGOTIATED (RFP) 1 of 27
IM PORTANT - The “offer” section on the reverse must be fully completed by offer or.
4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
PR1631963
7. ISSUED BY CODE 8. ADDRESS OFFER TO

US Embassy
Al Kindy Street
International Zone
Baghdad , Iraq
9. FOR INFORMATION A. NAME B. TELEPHONE NO. (Inc lude area code) (NO COLLECT
CALL: Desiree Tupper CALLS)

SOLICIT ATION
NOTE: In s ealed bid s olicitations “off er” and “ offer or” mean “bid” and “ bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THEW ORK DESCRIBED IN THESE DOCUMENTS (Title, identify ing no., date):

SUPPLLY caravans living unit (6mx7m). Quantity 1000. K1 Military Base/Kirkuk.

11. TheContractor shall begin performanc e within _ c alendar days and c omplete it within c alendar days after r ec eiving
award, notice to pr oc eed. This performanc e period is mandator y, negotiable. (See .)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? 12B. CALENDAR DAYS
(If “YES,” indic ate within how many calendar days after award in Item 12B.) 6 - 12
YES NO MONTHS
13. ADDITIONALSOLICITATIONREQUIREMENTS:

Sealed off ers in or iginal and _1_ copies to perf orm the work r equired are due at the plac e spec ified in Item 8 by loc
020 , 2al time . If this is a sealed
bid s olicitation, offers must be publicly opened at that time. Sealed envelopes c ontaining offers shall be marked toshow the off er’s name and
address, the s olicitation number, and the date and time off ers are due.
An offer guar antee is, is not required.
All off ers are subject to the (1) work r equir em ents, and (2) other provisions and claus es inc orporated in the s olicitation in full text or by r eferenced.
Offers providing less than c alendar days f or Government acceptanc e after the date off ers are due will not be considered and will be rejected.
NSN 7540-01-155-3212 1442-101 STANDARD FOR M 1442 (REV. 4 -85)
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented
OFFER (Must be fully completed by offered)
14. NAMEANDADDRESSOFOFFEROR (Include ZIP Code) 15. TELEPHONENO.(Include area code)

16. REMITTANCE ADDRESS ( Inc lude only if different than Item 14)

CODE
17. The off er or agrees to perf orm the work at the pric es spec ified below in strict acc ordanc e with the terms of this s olicitation, if this off er is acc epted
by the Government within _60 c alendar days after the date off ers are due. (Insert any number equal to or greater than the minimum requirement
stated in Item 13D. Failure to ins ert any number means the offer or accepts the minimum in Item 13D.

AMOUNTS USD

18. The off er or agrees to furnish any r equir ed perfromanc e and paym ent bonds.
19. ACKNOW LEDGMENTOFAMENDMENTS

The offer or a known ledges receipt of amendments to the solic itation -- give number and date of each

AMENDMENT
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO B. SIGNATURE C. OFFER DATE
O (Type or print)

AW AR D (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS ITEM 25. OTHERTHAN FULLAND OPEN COMPETITION PURSUANT TO
SHOW N IN S ection F 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )
(4copiesunlessotherw is specified)

26. ADMINISTERED BY 27. PAYMENTW ILL BE MADE BY

American Embassy Baghdad

CONTRACTING OFFICER WILL COM PLETE ITEM 28 OR 29 AS APPLIC ABLE

28. NEGOTIATED AGREEMENT ( Contractor is required to 29. AW ARD (Contr actor is not required to s ign t h is d o c u m e n t .) Your
sign this document and return _1 copies to issuing office.) offer on this s olicitation is hereby acc epted as to the items listed. This
Contractor agrees to furnish and deliver all items or perform all award c onsummates the c ontract, which c onsists of (a) the Government
work, requisitions identified on this form and any c continuation solicitation and your off er, and (b) this c ontract award. No further
sheets f or the c consider ation slated in this c ontr act. The rights contractual doc ument is nec essary.
and obligations of the parties to this c ontr act shall be governed
by( a) this c ontr act award, (b) this olic itation, and (c) the Claus es,
repr es entations, c ertific ations, and specific ations or
inc orporated by r eferenc ein or attached to this c ontr act
30A. NAME AND TITLE OF CONTRACTOR OR PERSON 1.A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
AUTHORIZED TO SIGN (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AW ARD DATE
BY

STANDARD FORM 1442 BAC K(REV. 4 -85

 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

Contracting Officer ATTACHMENT #1

US. Forces Army SAMPLE LETTER OF BANK GUARANTY
Iraq Place [ ]
Date [ ]

Letter of Guaranty No. _

SUBJECT: Performance and Guaranty

The Undersigned, acting as the dulyauthorized representative of the bank, declares that the bank
hereby guarantees to make pa yment to the Contracting Officer bycheck made pa yable to the
Treasurer of the United States, immediately upon notice, after receipt of a simple written request
from the Contracting Officer, immediately and ent irely without anyneed for the Contracting
Officer to protest or take any legal act ion or obtain the prior consent of the Contractor to show any
other proof, action, or decisio n byanother authorit y, up to the sumof [Amount equalto 20% of
the contract price in U.S. dollars during the period ending with the date of final acceptance and
10% of the contract price during contract guarantyperiod], which represents the deposit
required of the contractor to guarantee fulfillment of his obligat ions for the satisfactory,
complete, and timelyperformance of the said contract [contract number] for [description of
work] at [location of work] in strict compliance with the terms, condit ions and specifications of
said contract, entered into between the Government and [name of contractor] of [address of
contractor] on [contract date], plus legal charges of 10% per annum on the amount called due,
calculated on the sixth day fo llowing receipt of the Contracting Officer’s written request until the
date of payment.

The undersigned agrees and consents that said contract ma y be modified by Change Order or
Supplemental Agreement affecting the validity yof the guaranty provided, however, that the
amount of this guarantyshall remain unchanged.

The undersigned agrees and consents that the Contracting Officer may make repeated partial
demands on the guarantyyup to the total amount of this guaranty, and the bank will pro mpt ly
honor each individual demand.

This letter of guarantyshall remain in effect until 3 mo nths after complet ion of the guaranty
period of Contract requirement.

————————————————————————————————-
DepositoryInst itution: [Name]
Address: Location:
Representative(s): State of Inc.:
Corporate Seal:

Certificate of Authorityis attached evidencing authorit yof the signer to bind the bank to this
document.
 United States Forces - Iraq / Iraq Regional Contracting Office
S-IZ101-04-R-0026
Represented

ANNEX III / Bill of Quantities purchasing 1000 Caravans

Item DESCRIPTION Qty UNIT price TOTAL
0001 Caravan Living unit 1000 $ $
specifications: Supply and
installing the unit by the
dimensions (LxWxH) m
(7x6x2.60) m
From (I section) on a steel
pedestals rise 30cm (Qty 8)
according the attached figures
and all annexes. To The
Mentioned Locations.

Scope of Work
SUPPLLY caravans living unit (7mx6m). Quantity 1000
Units. Period of supply: 6- 12 months.
Payment method: Letter of Guarantee (LC), enhanced, irrevocable, and indivisible and
transferable.
Operating Advance: 20%
The launch of 90% of the amount of the letter of guarantee, when submitting fitted the
bill of lading.
Kept as 10% of the total value of the contract as good performance, and the amount is
released to the supplier after the completion of processing.
In case the processing of the goods on the parts, the
Launch amount of 100% of the amount of the letter of guarantee on each part. The
supplier should provide the organization an official letter from the shipping company
to bear responsibility for the shipment after the launch of the amount of the letter of
guarantee.
In the case of late arrival of the shipment to stores or an emergency shipment during
the sea or ground shipped, the supplier and the shipping company responsible for
delays the shipment or damage.
Notification will be sent to the authorized bank, after 21 days from the signing of this
contract.
Completion of work within after signing of contract.
Posting g d ate: 03/2020
Submission Date of bids:
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

Drawings of caravans
(7x6x2.6)
3m
Kitchen Bathroom

6m Bedroom

13 m I

7m

Specifications
1 Wall and roofs and..,!i c panel S cm thickness, Mace in Turkey Steel
sheet floor covered with plastic
2 The unit rise over at le: t 30 em from ground. d form internal. ce and
Conner .tin M.
3 The unit as Pedestals Mace of steel
4 The Mir floor structure is Mace from [Isection)
5 St.ppl•tine a II theeelectrical works including lights outlets and exhaust
fares.
6 Bath i5 supplies. with Eastern and wcsb::rn WC,w shabbier and
::how.r.
7 Kitchen supplied with courter with sink.
8 The unit some main door, one door for the bed room, one door for
t c h ll [3 doors 2mMlmj, one door for the bathr oom and on door
for the kitchen (2 door 2mwO.l!m). trr.r. Iumir uon win.-:nws(lonwlm)
OnP. fnrthP. b t mnM [O. K0.6 m) MdP. in Tur.kP.ynr K5A
 3mmThicknesssteel sheel

7
I 5.5-inch steel I
m

6
m

I (1.5x3) @
1.5 m I I 5.5 inch@ 3m I
3-inch angle

4- inch angle
column

4- lunh
angle
column

--::.L --- ,

"' with"""' "'"''"' seemsandwichpanel for walls and roof

7x6x2.6 as cubic
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented
S-IZ101-04-R-0026

ANNEX I / PREVIOUS EXPERIENCE FORM

Description of Country Total Contractidentification Year project

goods/works/ amount and Title and contract was
of details of client: (Name, undertaken
contract Address, telephone-
mail, fax)

Authorized Signature:
Date:
Company Name:
 S-IZ101-04-R-0026

Specifications of Materials:
Item Description Materials

1
Syste m Caravans 7X6x2.6)

Steel profiles (100 mm*100mm*2 mm steel pipes or

BottomChassis I beam 5 mm thickness) as customer request all
2
welded (150 kg/m2 ) .

Columns Steel profiles (3 mm) all welded

3

Steel profiles (2 mm included water drain Chanel

4 Top Chassis with slope 3.5 cmper 1 meter) all welded (80 kg/m2
).

Floor Plywood(18 mm ) covering with vinyl ( 2 mm )

5

Polyurethane sandwich panel (80 mm) (40 kg/m3) .

Roof 0.5 mm + 0.4 mm RAL 5003 polyester dyed
6
galvanized
Trapezoidal sheet metal .

Polyurethane sandwich panel (50 mm) (40 kg/m3) .

0.5 mm + 0.4 mm RAL 5003 polyester dyed
Wall panels
7 galvanized
Trapezoidal sheet metal .

All doors
8 Doors & windows
and windows are made of Turkish PVC.
 220v,50Hz power system, 40w surface mounted florescent
9 Electrical System
lamps, outlets, cable trunk circuit breaker.

2 Air condit ion

size: 2 ton
Air condit ion Manufactured : Craft
10

Plazma Smart
LG Televisio n Television Size: 42”
11 LG , 4K

12
Office Table
140 X 80 cm

13
Cupboard 180X190X50 cm

Quant ity: 2
Size: 200X90 Cm
14
Manufactured: Turkey
Two-Floor Iron and The Beds Includes:
Beds 1- 4 mattresses with same size of beds.
2- 4 blankets with 3 kg
3- pillows for each beds (with the number of Beds)
1kg
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

ANNEX II / PRICE & DELIVRY FORM

Authorized Signature:

Date:

Company Name:

AND REQUIRMENT
_YES
_NO

ANY DEVIATION MUST BE LISTED BELOW

DATE
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented
TERMS OF DELIVERY

The delivery should be complete within from the date of contract award (PO/Contract)

Section 3b: Related

Services

S. No. Item/s to be Supplied4 Qty. Description/ Related Delivery lead time

Specifications Services
of Goods
As per As per
SUPPLLY caravans living
Specification Specification
unit (7mx6m).
sheet sheet
1

Further to the Schedule of Requirements in the preceding Table, Bidders are requested to take note of the
following additional requirements, conditions, and related services pertaining to the fulfillment of the
requirements:

Delivery Terms of the

Equipment
Exact Address

Testing Requirements Required

Technical Support Requirements As per the Specifications sheet

.

Duration of Contract 4 – 6 months

Payment Terms Payment within 30 days upon GSO’s acceptance of the goods as
based on written acceptance certificate of completion of goods.

Conditions for Release of Satisfactory completion of the required delivery

Payment
 S-IZ101-04-R-0026
United States Forces - Iraq / Iraq Regional Contracting Office
Represented

Section 2: Instruction to Bidders

Definit io ns
a) “Bid” refers to the Bidder’s response to the Invitation to Bid, including the Bid
Submissio n Form, Technical Bid and Price Schedule and all other documentation attached
thereto as required bythe ITB.
b) “Bidder” refers to any legal entit ythat may submit, or has submitted, a Bid for the
supply of goods and provisio n of related services requested byGSO.

c) “Contract” refers to the legal instrument that will be signed by and between the
GSO and the successful Bidder, all the attached documents thereto, including the
General Terms and Condit ions (GTC) and the Appendices.

d) “Country” refers to the country indicated in the Data Sheet.

e) “Data Sheet” refers to such part of the Instructio ns to Bidders used to reflect
condit ions of the tendering process that are specific for the requirements of the ITB.

f) “Day” refers to calendar day.

g) “Goods” refer to anytangible product, commodit y, article, material, wares, equipment,

assets or merchandise that GSO requires under this ITB.

h) “Government” refers to the Government of the countrywhere the goods and related
services provided/rendered specified under the Contract will be delivered or undertaken.

i) “Instructions to Bidders” refers to the complete set of documents which provides

Bidders with all informat ion needed and procedures to be fo llowed in the course of
preparing their Bid

j) “ITB” refers to the Invitation to Bid consist ing of instructions and references
prepared byGSO for purposes of select ing the best supplier or service provider to fulfil
the requirement indicated in the Schedule of Requirements and Technical Specificat ions.

k) “LOI” (Section 1 of the ITB) refers to the Letter of Invitat ion sent byGSO to Bidders.

l) “Material Deviat ion” refers to any contents or characterist ics of the

bid that is s i g n i f i c a n t l ydifferent fro m an essent ial aspect or requirement of the
ITB, and (i) substant ially alters the scope and qualit y of the requirements; (ii) limits the
rights of GSO and/or the obligat ions of the offeror; and (iii) adversely impacts the fairness
and principles of the procurement process, such as those that compro mise the compet it ive
posit ion of other offerors.

m) “Schedule of Requirements and Technical Specificat ions” refers to the

 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

document included in this ITB as Section 3 which lists the goods required by GSO, their
specificat ions, the related services, activit ies, tasks to be performed, and other informat ion
pertinent to GSO’s receipt and acceptance of the goods.

n) “Services” refers to the entire scope of tasks related or ancillary to the complet ion or
delivery of the goods required by GSO under the ITB.

A. GENERAL

1. GSO hereby so licits Bids as a response to this Invitation to Bid (ITB). Bidders
must strict lyadhere to all the requirements of this ITB. No changes, subst itutions or other
alterations to the rules and provisio ns stipulated in this ITB may be made or assumed
unless it is instructed or approved in writ ing by GSO in the form of Supplemental
Informat ion to the ITB.

2. Submissio n of a Bid shall be deemed as an acknowledgement by the Bidder

that all obligat ions stipulated bythis ITB will be met and, unless specified otherwise, the
Bidder has read, understood and agreed to all the instructions in this ITB.

3. Any Bid submitted will be regarded as an offer bythe Bidder and does not constitute
or imply the acceptance of any Bid by GSO. GSO is under no obligat ion to award a
contract to any Bidder as a result of this ITB.

4. GSO implements a policy of zero tolerance on proscribed practices, including fraud,

corruption, collusio n, unethical practices, and obstruction. GSO is committed to
preventing, ident ifying and addressing all acts of fraud and corrupt practices against.
5. In responding to this ITB, GSO requires all Bidders to conduct themselves in a
professio nal, objective and impartial manner, and they must at all times ho ld GSO inter
ests paramount . Bidders must strict ly avo id conflicts with other assignments or their own
interests, and act without consideration for future work. All Bidders found to have a
conflict of interest shall be disqualified. Wit hout limitat ion on the generalit y of the above,
Bidders, and any of their affiliates, shall be considered to have a conflict of interest
with one or more parties in this so licitat ion process, if they:
5.1 Are, or have been associated in the past, with a firm or anyof its affiliates which
have been engaged GSO to provide services for the preparation of the design, Schedule of
Requirements and Technical Specificat ions, cost analysis/est imat ion, and other documents
to be used for the procurement of the goods and related services in this selection process;
5.2 Were invo lved in the preparation and/or design of the Programme/project related
to the goods and related services requested under this ITB; or
5.3 Are found to be in conflict for anyother reason, as may be established by, or at the
discretion o f, GSO.
In the event of any uncertaint y in the interpretation of what is potentially a conflict of
interest,
Bidders must disclose the condit ion to GSO and seek GSO’s confirmat ion on
whether or not such conflict exists.
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

6. Similarly, the fo llowing must be disclosed in the Bid:

6.1 Bidders who are owners, part-owners, officers, directors, controlling

shareho lders, or keypersonnel who are family of GSO staff invo lved in the procurement
functions and/or the Government of the country or any Implement ing Partner
receiving the goods and related services under this ITB; and
6.4 Others that could potentially lead to actualor perceived conflict of interest, collusion
or unfair compet it ion practices.

Failure of such disclosure may result in the reject ion of the Bid.

7. The eligibilit yof Bidders that are whollyor partly owned bythe Government shall be
subject to GSO’s further evaluat ion and review of various factors such as being registered
as an independent entit y, the extent of Government ownership/share, receipt of
subsidies, mandate, access to informat ion in relat ion to this ITB, and others that may
lead to undue advantage against other Bidders, and the eventualrejection of the Bid.

B. CONTENTS OF BID

9. Sections of Bid
10. Clarificat ion of Bid

10.1 Bidders ma y request clarificat ion of any of the ITB documents no later than the
number of days indicated in the Data Sheet prior to the Bid submissio n date. Any request
for clarificat ion must be sent in writ ing via courier or through electronic means to the
GSO address indicated in the Data Sheet). GSO will respond in writ ing, transmitted by
electronic means and will transmit copies of the response (including an explanat ion of the
query but without ident ifying the source of inquiry) to all Bidders who have
provided confirmat ion of their intention to submit a Bid.

10.2 GSO shall endeavor to provide such responses to clarificat ions in an expedit ious
manner, but anydelay in such response shall not cause an obligat ion on the part of GSO to
extend the submissio n date of the Bid, unless GSO deems that such an extensio n is
justified and necessary.

11. Amendment of Bid

11.1 At anytime prior to the deadline for submissio n of Bid, GSO ma y for anyreason,
such as in response to a clarificat ion requested bya Bidder, modify the ITB in the form of
a Supplemental Informat ion to the ITB. All prospective Bidders will be notified in
writing of all changes/amendments and addit ional instructions through Supplemental
Informat ion to the ITB and through the method specified in the Data Sheet (DS No. 18).

11.2 In order to afford prospective Bidders reasonable time to consider the

amendments in preparing their Bid, GSO may, at its discretion, extend the deadline
for submissio n of Bid, if the nature of the amendment to the ITB justifies such an
extension.
 United States Forces - Iraq / Iraq Regional Contracting Office
S-IZ101-04-R-0026 Represented

C. PREPARATION OF BID

12. Cost

The Bidder shall bear any and all costs related to the preparation and/or submissio n of the
Bid, regardless of whether its Bid was selected or not. GSO shall in no case be responsible
or liable for those costs, regardless of the conduct or outcome of the procurement process.

13. Language

The Bid, as well as any and all related correspondence exchanged bythe Bidder and GSO,
shall be written in the language (s) specified in the Data Sheet (DS No. 4). Any printed
literature furnished bythe Bidder written in a language other than the language indicated
in the Data Sheet, must be accompanied by a translation in the preferred language
indicated in the Data Sheet. For purposes of interpretation of the Bid, and in the event of
discrepancy or inconsistency in meaning, the version translated into the preferred
language shall govern. Upon conclusio n of a contract, the language of the contract shall
govern the relat ionship between the contractor and GSO.

14. Bid Submissio n Form

The Bidder shall submit the Bid Submissio n Form using the form provided in Section 4 of
this ITB.

15. Technical Bid Format and Content

Unless otherwise stated in the Data Sheet (DS no. 28), the Bidder shall structure the
Technical Bid as fo llows:

15.1 Expertise of Firm/Organizat ion – this sect ion should provide details regarding
management structureof the organization, organizational capabilit y/resources, and
experience of organization/firm, the list of projects/contracts (both completed and on-
going, both domestic and international) which are related or similar in nature to the
requirements of the ITB, manufacturing capacit yof plant if Bidder is a manufacturer,
authorization fro m the manufacturer of the goods if Bidder is not a manufacturer, and
proof of financial stabilit y and adequacy of resources to complete the delivery of goods
and provisio n of related services required by the ITB (see ITB Clause 18 and DS No. 26
for further details). The same shall apply to anyother entit yparticipat ing in the ITB as a
Joint Venture or Consortium.

15.2 Technical Specifications and Implementation Plan – this section should

demonstrate the Bidder’s response to the Schedule of Requirements and Technical
Specificat ions by ident ifying the specific co mponents proposed; how each of the
requirements shall be met point bypo int; providing a detailed specificat ion and
descript ion of the goods required, plans and
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

S-IZ101-04-R-0026
drawings where needed; the essent ial performance characterist ics, ident ifying the
works/portions of the work that will be subcontracted; a list of the major subcontractors,
and demo nstrating how the bid meets or exceeds the requirements, while
ensuring appropriateness of the bid to the local condit ions and the rest of the project
operating environment during the entire life of the goods provided. Details of
technical bid must be laid out and supported by an Implementation Timetable,
including Transportation and Delivery Schedule where needed, that is within the
duration of the contract as specified in the Data Sheet (DS no. 29 and 30).

Bidders must be fully aware that the goods and related services that GSO require may be
transferred, immediately or eventually, by GSO to the Government partners, or to an
ent it yno minated bythe latter, in accordance with GSO’s policies and procedures. All
bidders are therefore required to submit the fo llowing in their bids:

a) A statement of whether any import or export licenses are required in respect of the
goods to be purchased or services to be rendered, including any restrict ions in the
countryof origin, use or dualuse nature of the goods or services, including any
disposit ion to end users;
b) Confirmat ion that the Bidder has obtained license of this nature in the past, and have
an expectation of obtaining all the necessar y licenses, should their bid be rendered the
most responsive; and
c) Complete documentation, informat ion and declaratio n of anygoods classified or may
be classified as “Dangerous Goods”.

15.3 Management Structure and Key Personnel – This section should include the
comprehensive curriculum vitae (CVs) of keypersonnel that will be assigned to support
the implementation of the technical bid, clearly defining their roles and responsibilit ies.
CVs should establish co mpetence and demonstrate qualificat ions in areas relevant to the
requirements of this ITB.

In complying with this section, the Bidder assures and confirms to GSO that the personnel
being nominated are available to fulfil the demands of the Contract during its stated full
term. If any of the keypersonnel later becomes unavailable, except for unavo idable
reasons such as death or medical incapacit y, among other possibilit ies, GSO reserves the
right to render the Bid non-responsive. Any deliberate subst itution of personnel
arising fro mu n a v o i d a b l e reasons, including delay in the implementation of the
project of programme through no fault of the Bidder, shall be made only with
GSO’s acceptance of the just ification for substitution, and GSO’s approval of the
qualificat ion of the replacement who shall be either of equalor superior credentials as the
one being replaced.

15.4 Where the Data Sheet requires the submissio n of the Bid Securit y, the Bid Securit y
shall be included along wit h the Technical Bid. The Bid Securit y may be forfeited by
GSO, and reject the Bid, in the event of any or any combinat ion of the fo llowing
condit ions:

a) If the Bidder withdraws its offer during the period of the Bid Validit y specified in the
 United States Forces - Iraq / Iraq Regional Contracting Office
Represented

Data Sheet (DS no. 11), or;

b) If the Bid Securit yamount is found to be less than what is required by GSO as
indicated in the Data Sheet (DS no. 9), or;
c) In the case the successful Bidder fails:
i. to sign the Contract after GSO has awarded it;
ii. to comply wit h GSO’s variat ion of requirement, as per ITB Clause 35; or
iii. to furnish Performance Securit y, insurances, or other documents that GSO may
require as a condit ion to rendering effect ive the contract that may be awarded to the
Bidder.

16. Price Schedule

The Price Schedule shall be prepared using the attached standard form (Section 7). It shall
list all major cost components associated with the goods and related services, and the
detailed breakdown of such costs. All goods and services described in the Technical Bid
must be priced separately on a one-to-one correspondence. Anyoutput and activit ies
described in the Technical Bid but not priced in the Price Schedule, shall be assumed to be
included in the prices of the items or activit ies, as well as in the final totalprice of the bid.

17. Currencies
All prices shall be quoted in the currency indicated in the Data Sheet (DS no.
15). However, where Bids are quoted in different currencies, for the purposes of
comparison of all Bid:

17.1 GSO will convert the currency quoted in the Bid into the GSO preferred
currency, in accordance with the prevailing UN operational rate of exchange on the last
dayof submissio n of Bid; and
17.2 In the event that the Bid found to be the most responsive to the ITB requirement is
quoted in
another currencydifferent fro m the preferred currencyas per Data Sheet (DS no. 15), then
GSO shall reserve the right to award the contract in the currency of GSO’s
preference, using the conversio n method specified above.

18. Documents Establishing the Eligibilit y and Qualifications of the Bidder

18.1 The Bidder shall furnish documentary evidence of its status as an eligible and
qualified vendor, using the forms provided under Section 5, Bidder Informat ion
Forms. In order to award a contract to a Bidder, its qualificat ions must be documented to
GSO’s satisfact ions. These include, but are not limited to the fo llowing:

a) That, in the case of a Bidder offering to supply goods under the Contract which the
Bidder did not manufacture or otherwise produce, the Bidder has been duly authorized by
the goods’ manufacturer or producer to supply the goods in the countryof final
destinat ion;
b) That the Bidder has the financial, technical, and production capabilit y necessary to
perform the Contract; and
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c) That, to the best of the Bidder’s knowledge, it is not included in the UN 1267 List or
the
UN Ineligibilit y List, nor in any and all of GSO’s list of suspended and removed
vendors.

18.2 Bids submitted bytwo (2) or more Bidders shall all be rejected byGSO if theyare
found to have anyof the following:

a) they have at least one controlling partner, director or shareho lder in commo n; or
b) any one of them receive or have received any direct or indirect subsidy fro m the
other/s;
or
c) they have the same legal representative for purposes of this ITB; or
d) they have a relat ionship wit h each other, direct ly or through commo n third part ies,
that puts them in a posit ion to have access to information about, or influence on the Bid
of, another Bidder regarding this ITB process;
e) theyare subcontractors to each other’s bid, or a subcontractor to one bid also submits
another Bid under its name as lead Bidder; or
f) an expert proposed to be in the bid of one Bidder participates in more than
one Bid received for this ITB process. This condit ion does not applyto subcontractors
being included in more than one Bid.

19. Joint Venture, Consortium or Association

If the Bidder is a group of legal entit ies that will form or have formed a jo int venture,
consortium or associat ion at the time of the submissio n of the Bid, theyshall confirm in
their Bid that : (i) theyhave designated one partyto act as a lead ent it y, duly vested with
authorit yto legally bind the members of the jo int venture joint ly and severally, and this
shall be dulyevidenced by a duly notarized Agreement among the legal ent it ies, which
shall be submitted along with the Bid; and (ii) if they are awarded the contract, the
contract shall be entered into, byand between GSO and the designated lead ent it y, who
shall be acting for and on behalf of all ent it ies that comprise the jo int venture.

After the bid has been submitted to GSO, the lead ent it y ident ified to represent the jo int
venture shall not be altered without the prior written consent of GSO. Furthermore,
neither the lead ent it y nor the member ent it ies of the jo int venture can:

a) Submit another Bid, either in its own capacit y; nor

b) As a lead ent it yor a member ent it y for another jo int venture submitt ing another Bid.

The descript ion of the organizat ion of the jo int venture/consortium/associat ion must
clearly define the expected role of each of the entit y in the jo int venture in delivering the
requirements of the ITB, both in the bid and in the Jo int Venture Agreement. All
ent ities that comprise the jo int venture shall be subject to the eligibilit y and qualificat ion
assessment by GSO.
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Where a jo int venture is present ing its track record and experience in a similar
undertaking as those required in the ITB, it should present such informat ion in the
fo llowing manner:

a) Those that were undertaken together bythe jo int venture; and

b) Those that were undertaken by the individual ent ities of the jo int venture
expected to be invo lved in the performance of the services defined in the ITB.

Previous contracts completed by individual experts working privately but who are
permanent ly or were temporarily associated with anyof the member firms cannot be
claimed as the experience of the jo int venture or those of its members, but should only be
claimed by the individual experts themselves in their presentation of their individual
credentials.

If the Bid of a jo int venture is determined by GSO as the most responsive Bid that offers
the best value for money, GSO shall award the contract to the jo int venture, in the name of
its designated lead ent it y, who shall sign the contract for and on behalf of all the member
ent ities.

20. Alternative Bid

Unless otherwise specified in the Data Sheet (DS nos. 5 and 6), alternat ive bid shall not be
considered. Where the condit ions for its acceptance are met, or just ificat ions are
clearly established, GSO reserves the right to award a contract based on an alternat ive
bid.

21. Validit yPeriod

21.1 Bid shall remain valid for the period specified in the Data Sheet (DS no. 8),
commencing on the submissio n deadline date also indicated in the Data Sheet (DS no. 21).
A Bid valid for a shorter period shall be immediately rejected byGSO and rendered non-
responsive.
21.2 In exceptional circumstances, prior to the expiration of the Bid validit y
period, GSO may

request Bidders to extend the period of validit yof their Bid. The request and the responses
shall be made in writ ing, and shall be considered integral to the Bid.

22. Bidder’s Conference

When appropriate, a Bidder’s conference will be conducted at the date, time and locat ion
specified in the Data Sheet (DS no. 7). All Bidders are encouraged to attend. Non-
attendance, however, shall not result in disqualification of an interested Bidder.
Minutes of the Bidder’s conference will be either posted on the GSO website, or
disseminated to the individual firms who have registered or expressed interest with the
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contract, whether or not theyattended the conference. No verbal statement made

during the conference shall modifythe terms and condit ions of the ITB unless such
statement is specifically written in the Minutes of the Conference, or issued/posted
as an amendment in the form of a Supplemental Information to the ITB.

D. SUBMISSION AND OPENING OF BID

23. Submissio n

23.1 The Technical Bid and the Price Schedule must be submitted together and sealed
together in one and the same envelope, delivered either personally,

a) Bear the name of the Bidder;

b) Be addressed to GSO as specified in the Data Sheet (DS no.20); and
c) Bear a warning not to open before the time and date for Bid opening as specified

23.2 Bidders must submit their Bid in the manner specified in the Data Sheet (DS
nos. 22 and
23). When the Bid is expected to be in transit for more than 24 hours, the Bidder must
ensure that sufficient lead time has been provided in order to comply with GSO’s deadline
for submissio n. GSO shall indicate for its record that the official date and time of
receiving the Bid is the actual date and time when the said Bid has physically ar r ive d at
the GSO premises indicated in the Data Sheet (DS no. 20).

23.3 Bidders submitt ing Bid by mail or by hand shall enclose the original and each copy
of the Bid, in separate sealed envelopes, duly marking each of the envelopes as “Original
Bid” and the others as “Copyof Bid”. The two envelopes, consist ing of original and
copies, shall then be sealed in an outer envelope. The number of copies required shall be
as specified in the Data Sheet (DS no. 19). In the event of anydiscrepancy between the
conte nts of the “Original Bid” and the “Copyof Bid”, the contents of the original shall
govern. The original versio n of the Bid shall be signed or init ialed bythe Bidder or
person(s) dulyauthorized to commit the Bidder on every page. The authorization shall be
communicated through a document evidencing such authorizat ion issued by the highest
official of the firm, or a Power of Attorney, accompanying the Bid.

23.4 Bidders must be aware that the mere act of submission of a Bid, in and of itself,
implies that the Bidder accepts the General Contract Terms and Condit io ns of GSO as
attached hereto as Section 10.
24. Deadline for Submissio n of Bid and Late Bids
Bid must be received by GSO at the address and no later than the date and time specified
in the
Data Sheet (DS no. 20 and 21).

GSO shall not consider any Bid that arrives after the deadline for submissio n of
Bid. Any Bid received by GSO after the deadline for submissio n of Bid shall be
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declared late, rejected, and returned unopened to the Bidder.

25. Wit hdrawal, Subst itution, and Modificat ion of Bid

25.1 Bidders are expected to have so le responsibilit y for taking steps to carefully
examine in detail the full consistencyof its Bid to the requirements of the ITB, keeping in
mind that material deficiencies in providing information requested by GSO, or lack clarit y
in the descript ion of goods and related services to be provided, ma y result in the reject ion
of the Bid. The Bidder shall assume anyresponsibilityregarding erroneous interpretations
or conclusio ns made bythe Bidder in the course of understanding the ITB out of the set of
information furnished by GSO.

25.2 A Bidder maywit hdraw, subst itute or modify its Bid after it has been submitted by
sending a written notice in accordance with ITB Clause 23, duly signed by
an authorized representative, and shall include a copyof the authorizat ion (or a Power of
Attorney). The corresponding subst itution or modificat ion of the Bid must
accompany t h e r e s p e c t i v e written notice. All notices must be received by GSO
prior to the deadline for submission and submitted in accordance with ITB Clause 23
(except that withdrawal notices do not require copies). The respective envelopes shall
be clearly marked “WITHDRAWAL,” “SUBSTITUTION,” or MODIFICATION”.

25.3 Bid requested to be withdrawn shall be returned unopened to the Bidders.

25.4 No Bid ma y be withdrawn, substituted, or modified in the interval between the

deadline for submissio n of Bid and the expirat ion of the period of Bid validit y specified
bythe Bidder on the Bid Submissio n Form or anyextensio n thereof.

26. Bid Opening

GSO will open the Bid in the presence of an ad-hoc committee formed by GSO of at least
two (2) Members. If electronic submission is permitted, anyspecific electronic Bid
opening procedures shall be as specified in the Data Sheet (DS no. 23).
The Bidders’ names, modificat ions, withdrawals, the condition of the envelope
labels/seals, the number of fo lders/files and all other such other details as GSO may
consider appropriate, will be announced at the opening. No Bid shall be rejected at
the opening stage, e x c e p t f o r l a t e submission, for which the Bid shall be returned
unopened to the Bidder.

27. Confidentialit y

Informat ion relating to the examinat ion, evaluation, and comparison of Bid, and the
recommendat ion of contract award, shall not be disclosed to Bidders or anyother
persons not officially concerned with such process, even after publicat ion of the contract
award.
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Any effort bya Bidder to influence GSO in the examinat ion, evaluat ion and comparison
of the
Bid or contract award decisio ns may, at GSO’s decisio n, result in the reject ion of its Bid.

In the event that a Bidder is unsuccessful, the Bidder may seek a meet ing with GSO for a
debriefing. The purpose of the debriefing is discussing the strengths and w e a k n e
s s e s of t h e Bidder’s submissio n, in order to assist the Bidder in improving the bid
presented to GSO. The content of other bid and how theycompare to the Bidder’s
submissio n shall not be discussed.

E. EVALUATION OF BID

28. Preliminary Examinat ion of Bid

GSO shall examine the Bid to determine whether they are complete with respect to
minimum documentary requirements, whether the documents have been properly
signed, whether or not the Bidder is in the UN Securit y Council 1267/1989
Committee's list of terrorists and terrorist financiers, and in GSO’s list of suspended
and removed vendors, and whether the B i d a r e generally in order, among other
indicators that may be used at this stage. GSO may reject any Bid at this stage.

29. Evaluation of Bid

29.1 GSO shall examine the Bid to confirm that all terms and condit io ns under the GSO
General Terms and Condit ions and Special Condit ions have been accepted by the Bidder
without anydeviat ion or reservation.

29.2 The evaluat ion team shall review and evaluate the Bids on the basis of their
responsiveness to the Schedule of Requirements and Technical Specificat ions and other
documentation provided, applying the procedure indicated in the Data Sheet (DS No. 25).
Abso lutely no changes may be made by GSO in the criteria after all Bids have been
received.

29.1 GSO reserves the right to undertake a post-qualificat ion exercise, aimed at
determining, to its satisfact ion the validit y of the information provided bythe Bidder.
Such post-qualification shall be fully documented and, among those that may be listed in
the Data Sheet (DS No.33), may include, but need not be limited to, all or any
combinat ion of the fo llowing :

a) Verificat ion of accuracy, correctness and authent icityof the informat ion provided by
the bidder on the legal, technical and financial documents submitted;
b) Validation of extent of compliance to the ITB requirements and evaluation criteria
based on what has so far been found bythe evaluation team;
c) Inquir yand reference checking with Government ent it ies with jurisdict ion on the
bidder, or
anyother entit ythat may have done business with the bidder;
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d) Inquir yand reference checking wit h other previous clients on the qualit yof
performance on on-going or previous contracts completed;
e) Physical inspection of the bidder’s plant, factory, branches or other places where
business transpires, with or without notice to the bidder;

f) Testing and sampling of completed goods similar to the requirements of

GSO, where available; and
g) Other means that GSO may deem appropriate, at any stage within the select ion
process, prior to awarding the contract.

30. Clarificat ion of Bid

To assist in the examination, evaluation and comparison of bids, GSO may, at its
discretion, ask any Bidder to clarify its Bid.

GSO’s request for clarificat ion and the Bidder’s response shall be in writ ing.
Notwithstanding the written communication, no change in the prices or substance of the
Bid shall be sought, offered, or permitted, except to provide clarificat ion, and confirm
the correction of any arit hmet ic errors discovered by GSO in the evaluat ion of the Bid,
in accordance with ITB Clause 35.

Anyunso licited clarificat ion submitted bya Bidder in respect to its Bid, which is not a
response to a request by GSO, shall not be considered during the review and evaluat ion of
the Bid.

31. Responsiveness of Bid

GSO’s determinat ion of a Bid’s responsiveness will be based on the contents of the Bid
itself.

A substant ially responsive Bid is one that conforms to all the terms, condit ions, and
specificat ions of the ITB without material deviation, reservation, or omissio n.

If a Bid is not substantially responsive, it shall be rejected by GSO and may not
subsequently be made responsive bythe Bidder by correction of the material deviat ion,
reservation, or omission.

32. Nonconformit ies, Reparable Errors and Omissio ns

32.3 Provided that a Bid is substant ially responsive, GSO may waive any non-
conformit ies or omissions in the Bid that, in the opinio n of GSO, do not constitute a
material deviat ion.

32.4 Provided that a Bid is substant ially responsive, GSO may request the Bidder to
submit the necessary informat ion or documentatio n, within a reasonable period of
time, to rectify nonmaterial nonconformit ies or omissio ns in the Bid related to
documentation requirements. Such omissio n shall not be related to anyaspect of the price
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of the Bid. Failure of the Bidder to comply wit h the request ma y result in the reject ion of
its Bid.

32.5 Provided that the Bid is substant ially responsive, GSO shall correct arithmet ical
errors as fo llows:

a) If there is a discrepancy between the unit price and the line item total that is obtained
by mult iplying the unit price by the quant it y, the unit price shall prevail and the line item
total shall be corrected, unless in the opinio n of GSO there is an obvious misplacement of
the decimal po int 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 addit ion 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 arithmet ic error, in which case the
amount in figures shall prevail subject to the above.

32.6 If the Bidder does not accept the correction of errors made by GSO, its Bid shall be
rejected.

F. AWARD OF CONTRACT

33. Right to Accept, Reject, or Render Non-Responsive Any or All Bid

33.1 GSO reserves the right to accept or reject any Bid, to render anyor all of the Bids
as non- responsive, and to reject all Bids at anytime prior to award of contract, without
incurring any liabilit y, or obligat ion to inform the affected Bidder(s) of the grounds for
GSO’s action. Furthermore, GSO is not obligated to award the contract to the lowest
price offer.

33.2 GSO shall also verify, and immediately reject their respective Bid, if the Bidders
are found to appear in the Consolidated List of Individuals and Ent ities wit h
Association to Terrorist Organizations, in the List of Vendors Suspended.

34. Award Criteria

Prior to expiration of the period of Bid validit y, GSO shall award the contract to the
qualified and eligible Bidder that is found to be responsive to the requirements of the
Schedule of Requirements and Technical Specificatio n, and has offered the lowest price
(See DS No. 32).

35. Right to VaryRequirements at the Time of Award

At the time of award of Contract, GSO reserves the right to vary the quant it y of the goods
and/or related services, by up to a maximum twenty five per cent (20%) of the total offer,
without any change in the unit price or other terms and conditions.
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36. Contract Signature

Wit hin fifteen (15) days fro mthe date of receipt of the Contract, the successful Bidder
shall sign and date the Contract and return it to GSO.

Failure of the successful Bidder to comply wit h the requirement of ITB Section F.3 and t
hi s provisio n shall constitute sufficient grounds for the annulment of the award, and
forfeiture of the Bid Securit y if any, and on which event, GSO may award the Contract
to the Bidder with the second highest rated Bid, or call for new Bid.

37. Performance Security

A performance security, if required, shall be provided in the amount and form provided in
Section 8 and by the deadline indicated in the Data Sheet (DS no. 14), as applicable.
Where a Performance Security will be required, the submissio n of the said
document, and the confirmat ion of its acceptance by GSO, shall be a condit ion for the
effect ivity of the Contract that will be signed byand between the successful Bidder and
GSO.

38. Bank Guarantee for Advanced Payment

Except when the interests of GSO so require, it is the GSO’s preference to make no
advanced pa yment(s) on contracts (i.e., payments wit hout having received anyoutputs). In
the event that the Bidder requires an advanced payment upon contract signature, and if
such request is duly accepted

by GSO, and the said advanced payment exceeds 20% of the total Bid price, or exceed the
amount of USD 30,000, GSO shall require the Bidder to submit a Bank Guarantee in
the same amount as the advanced payment. A bank guarantee for advanced payment shall
be furnished in the form provided in template provided by GSO.

39. Vendor Protest

GSO’s vendor protest procedure provides an opportunity for appeal to those persons or
firms not awarded a purchase order or contract through a compet it ive procurement
process. In the event that a Bidder believes that it was not treated fairly.