EAST TIMOR TRANSITIONAL ADMINISTRATION (ETTA)
PROCUREMENT UNIT

Invitation to Bid No. 127

1. The UNTAET ETTA (hereinafter referred to as the Administration) hereby solicits your bid for the School supplies as detailed below. This Invitation to Bid consists of:
   • This Letter of Invitation
   • Annex A - Receipt/Acknowledgement Letter
   • Annex B - Requirement Summary (Specifications)
   • Annex C - Instructions to Bidders
   • Annex D - General conditions of contracts
2. Please complete and return immediately by facsimile the Receipt/Acknowledgement Letter attached herewith as Annex A, inter alia, which advises whether or not your firm intends to submit a bid.

   As per Requirement Summary (Specifications), your bid must be delivered in the pre-addressed sealed envelope to the following UNTAET ETTA office location and must be marked as below:

   SEALED BID INVITATION NO: ETTA/ ITB 1027

   DEADLINE: 10:00 am, 03 December 2000

   UNTAET - ETTA PROCUREMENT UNIT
   P.O. BOX 348
   DILI,
   EAST TIMOR.
   

1. The public opening of bids is set for 05th December 2000 at 10.00 a.m. It is the exclusive responsibility of the bidders to ensure that the sealed envelope/package containing the bid is appropriately marked by bid number and reaches the above address before 03 December 2000, so that it is time-stamped and accepted for opening.
2. Delivery to any other Administration office location will be at the risk of the bidder and will not constitute timely delivery. No excuses or extenuating circumstances will be accepted. Written proof of receipt will not be given unless a Postal/Courier service receipts DHL, EMS, TNT or other form of receipt is presented for signature by the Administration.
3. Bids received after the above mentioned opening time will be automatically rejected (see paragraph 7 of the Instructions to Bidders, Annex B).

Thierry J. Le Brech.
O I C, Commodities Section,
ETTA Procurement Unit.

Annex A

RECEIPT ACKNOWLEDGEMENT LETTER ETTA- ITB 1027

Dear Sir/Madam

We the undersigned acknowledge receipt of your Invitation to Bid and, hereby confirm that:

( ) we intend ( ) we do not intend

to submit a bid to the Administration deadline and that

( ) we intend ( ) we do not intend

to send one (1) authorized representative to observe the public opening procedure.

We acknowledge that the Invitation to Bid is confidential and proprietary to the Administration.

Name of authorized Representative:

Signature:

Title:

Name & Address of Bidder:

Telephone No.

Facsimile No:

PLEASE RETURN IMMEDIATELY VIA FAX TO:
61 8 8942 2198. (Attn. Thierry J. Le Brech)

ETTA Procurement Unit
UNTAET
P.O. Box 348
DILI,
EAST TIMOR.

• By submission of bid and signature, the offeror certifies that every provision of this bid have been read and understood. The offeror hereby provides assurances that the firm represented in this bid:
• Shall comply with all requirements, stipulations, terms and conditions as stated in the bid document.
• Currently complies with all laws and local regulations, industry and safety standards, performance and any other requirements as may be relevant to the requirements of this solicitation; and
• Is not guilty of collusion with other vendors possibly interested in this bid in arriving at or determining prices and conditions to be submitted.

Annex B - Specifications

No.	Primary, Student Kit.	QUANTITY	UNIT PRICE	TOTAL PRICE
1	Exercise books (notebook) A5 lined 96 pages.	800 000
2	Exercise books (notebook) A5 squared 96 pages.	800 000
3	Pencils without eraser.	160 000
4	Erasers, small.	75 000
5	Pencil sharpener.	10 000
6	Ruler, 30 cm.	10 000
7	Pen ballpoint blue.	160 000
8	Paper,reams.	25 000
No.	Primary, Teacher's Kit.	QUANTITY	UNIT PRICE	TOTAL PRICE
9	Registration book, A4.	3000
10	Plan book.	3000
11	Pen, ballpoint, blue.	6000
12	Pen, ballpoint, red.	6000
13	Pencil without eraser.	6000
14	Eraser, small.	3000
15	Pencil sharpener.	3000
16	Tape measure.	1000
17	Chalk, white, 100 sticks per boxes.	4000
18	Chalk, colored, 100 sticks per boxes.	2000
19	Blackboard duster.	2000
20	Scissors.	3000

• Prices must be quoted in US $.
• CIF Sea freights basis to Dili Port, East Timor. (FOB value and Freight/ insurance Charges).

Annex C:

INSTRUCTIONS FOR BIDDERS

1. Submissions of Bids
   Bids must be submitted in the English language in two (2) copies on the Requirement Summary/Financial Offer format provided in this Invitation to Bid. Unnecessarily elaborate brochures or other additional information are not encouraged.
2. Technical Specifications of Requirement
   No changes, substitutions or other alterations to the technical specifications of requirement stipulated in this Invitation to bid Document will be accepted unless approved in writing by the Administration, or permitted by a "Substitution" clause.
3. No Commitment
   This Invitation to Bid contains no contractual offer of any kind. Any bid submitted will be regarded as an offer made by the bidder and not as an acceptance by the bidder of the offer made by the Administration. No contractual relationship will exist except to a written contract document signed by the Administration duly authorized official of the Procurement Unit and by the selected bidder. This Invitation to Bid does not commit the Administration to consider any bid or to award a contract.
4. Criteria for Evaluation
   All bids will be evaluated in accordance with the provisions of the UNTAET Regulations and Manual as well as the requirements of this Invitation to Bid. The following criteria will be considered in evaluating the bids:-
   • Lowest price offered;
   • Compliance with technical requirement;
   • Responsible status of supplier taking into consideration its financial strength, and having the capabilities to fulfill the contractual obligations
   • Delivery time offered;
   • Discounts offered;
   • Warranty offered.
5. Payment Terms
   The UNTAET Regulations preclude advance payments and payments by letter of credit. Such provisions in a bid will be prejudicial to its evaluation by the Administration. The Administration standards of payment terms are 30 days upon receipt of invoices subsequent to satisfactory delivery of goods and acceptance thereof by the Administration.
6. Validity of Bids
   Your bid shall remain open and valid for no less than 60 days from the date of opening specified in this Invitation to Bid.
7. Rejection of Bids and Split Awards
   The Administration reserves the right to reject any and all bids if they are, inter alia:
   1. received after the deadline stipulated in the Letter of Invitation; or
   2. not properly marked or addressed as required in the Letter of Invitation; or
   3. delivered to another Administration office location than the one required in the Letter of Invitation; or
   4. transmitted by facsimile without express written permission by the Chief, PU; or
   5. unsolicited; or
   6. contains an alternate bid; or
   7. not otherwise in compliance with this Invitation to Bid.
   The Administration also reserves the right to split an award between any bidders in any combination, as it may deem appropriate. The bid shall be submitted on a "all or none" basis, for each Section. Bidders may bid on one Section or as many Sections they are interested in.
8. Withdrawal and Modification of Bids
   Bids may be modified or withdrawn in writing, prior to the fixed time for opening specified therein. Bids may not be modified or withdrawn after that time.
9. Errors in Bid
   Bidders or their authorized agents are expected to examine maps, drawings, specifications, circulars, schedules and instructions, therefore, they shall be fully acquainted with the conditions relating to the scope and restrictions attending the execution of work under the conditions of this solicitation. It is expected that this will sometimes require on-site observations. The failure or omission of a bidder to acquaint himself with existing conditions shall in no way relieve the bidder of any obligation with respect to this offer or contract. In case of error in the totaling of prices, the unit price shall govern.
10. Public Opening
    Public opening of bids will take place at the address and time specified in the Letter of Invitation. Bidders may send one (1) representative with proper authorization to observe the opening of bids at the time and location specified in the Letter of Invitation.
11. Confidentiality
    This Invitation to Bid or any part thereof, and all copies thereof must be returned to the Administration upon request. It is understood that this Invitation to bid is confidential and proprietary to the Administration, contains privileged information, part of which may be copyrighted, and is communicated and received by you on the condition that no part thereof, or any information concerning it may be copied, exhibited, or furnished to others without the prior written consent of the Administration, except that you may exhibit the specifications to your prospective sub-contractors for the sole purpose of obtaining offers from them. Notwithstanding the other provisions of the Invitation to bid, bidders will be bound by the contents of this paragraph whether or not your company submits a proposal or responds in any other way to this Invitation to bid.
12. Queries
    Any prospective bidder desiring an explanation or interpretation of the solicitation, shall request it in writing so as to be received at least ten (10) working days prior to bid opening date, which allow this office a reply to reach all prospective bidders before submission of their offers. Oral explanation or instructions given before the contract award shall not be binding.
13. Contract
    Any contract resulting from this Invitation to bid will include the Administration General Condition of the Administration Purchase Order or the Administration General Conditions for General Contracts, as applicable.
14. Competition
    The solicitation is intended to promote competition. If the language, specifications, terms and conditions, or any combination thereof limits or restricts the requirements in this solicitation to a single source, it shall be the responsibility of the interested bidder to notify the Chief of the ETTA Procurement Unit, in writing, so as to be received at least ten (10) working days prior to opening date. Telephonic notice, followed with written notice within the above time frame, is acceptable. Failure to provide notice within the established time shall not be grounds for grievance. The solicitation may or may not change, but a review of such notification will be made prior to award.
15. Substitutions
    Bidders may offer a substitute product, which must meet or exceed the standards outlined in the specifications. The burden of proof regarding the above shall rest with the Bidder. For each substitution a specification data shall be submitted. Substitutions shall be subject to review and approval of the Administration and the findings shall be final and not subject to dispute.

Annex D:

GENERAL CONDITIONS

1. Legal Status
   The Vendor shall be considered as having the legal status of an independent contractor vis-à-vis the Administration. The Vendor's personnel and sub-contractors shall not be considered in any respect as being the employees or agents of the Administration
2. Source of Instructions
   The Vendor shall neither seek nor accept instructions from any authority external to the Administration Procurement Unit in connection with the performance of this Contract. The Vendor shall refrain from any action, which may adversely affect the Administration and shall fulfil its commitments with the fullest regard to the interests of the Administration.
3. Assignment
   The Vendor shall not assign, transfer, pledge or make other disposition of this Contract or any part thereof, or any of the Vendor's rights, claims or obligations under this Contract except with the prior written consent of the Administration.
4. Officials not to Benefit
   The Vendor warrants that no official of the Administration has received or will be offered by the Vendor any direct or indirect benefit arising from this Contract or the award thereof. The Vendor agrees that breach of this provision is a breach of an essential term of this Contract.
5. Warranties and Indemnification
   1. The Vendor shall provide the Administration with all manufacturers" warranties, including but not limited to the warranty that the Goods shall be free of defects. Without any limitation of the foregoing, the Vendor warrants to the Administration that the Goods, including their packaging, shall conform to the Contract Documents, and in particular to the specifications, and shall be fit for the purposes for which such Goods are ordinarily used and for the purposes expressly made known to the Vendor by the Administration, and shall be of good quality, free from faults and defects in deign, material and workmanship. The Vendor also warrants that the Goods are contained or packaged in a manner adequate to protect the Goods. All such warranties shall remain in effect for a period of one (1) year after receipt of the Goods by the Administration (the "Warranty Period").
   2. If, during the Warranty Period, the Goods or any part thereof purchased under this Contract are found by the Administration to be defective or not to conform with the Contract Documents, upon written notification to the Vendor by the Administration, the Vendor shall, promptly and at its own expense correct all such defect and non-conformities cannot be corrected, the Vendor shall, at the choice of the Administration, either replace the defective Goods or promptly reimburse the Administration.
   3. The Vendor warrants that the uses by the Administration of the Goods furnished under this contract do not infringe any patent, trade name or trademark. The Vendor shall indemnify, hold and save harmless, and defend, at its own expense, the Administration, its officials, agents, servants and employees from and against all suits, claims, demands, and liability of any nature or kind, including their costs and expenses, pertaining to the alleged infringement of any patent, design, trade-name or trade-mark arising from this Contract. The obligations under this Article do not lapse upon termination of this Contract.
6. Encumbrances/Liens
   The Vendor shall not cause or permit any lien, attachment or other encumbrance by any person to be placed on file or to remain on file in any public office or on file with the Administration against any monies due or to become due for any Goods furnished under this Contract or by reason of any other claim or demand against the Vendor.
7. Use of name, Emblem or Official Seal of Administration
   The Vendor shall not advertise or otherwise make public the fact that it is furnishing goods or services to the Administration or shall the Vendor, in any manner whatsoever, use the name, emblem or official seal of the Administration or any abbreviation of the name of the Administration in connection with its business or otherwise.
8. Confidential Nature of Documents and Information
   1. All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and other data compiled by or received by the Vendor under this Contract shall be the property of the Administration, shall be treated as confidential and shall be delivered only to the Administration's authorized officials on completion of this Contract.
   2. The Vendor may not communicate at any time to any other person, Government or authority external to the Administration, any information known to it by reason of its association with the Administration which has not been made public except with the authorization of the Administration; nor shall the Vendor at any time use such information to private advantage. These obligations do not lapse upon termination of this Contract.
9. Force Majeure, Other Changes in Conditions
   
   1. In the event of and as soon as possible after the occurrence of any cause constituting force majeure, the Vendor shall give notice and full particulars in writing to the Administration, of such occurrence or change if the Vendor is thereby rendered unable, wholly or in part, to perform its obligations and meet its responsibilities under this Contract. The Vendor shall also notify the Administration of any other changes in conditions or the occurrence of any event, which interferes or threatens to interfere with its performance of this Contract. On receipt of the notice required under this Article, the Administration shall take such action as, in its sole discretion, it considers to be appropriate or necessary in the circumstances, including the granting to the Vendor of a reasonable extension of time in which to perform its obligations under this Contract.
   2. If the Vendor is rendered permanently unable, wholly, or in part, by reason of force majeure to perform its obligations and meet its responsibilities under this Contract, the Administration shall have the right to suspend or terminate this Contract on the same terms and conditions as are provided for in Article 10, "Termination", except that the period of notice shall be seven (7) days instead of thirty (30) days.
   3. Force majeure as used in this Article means acts of God, war (whether declared or not), invasion, revolution, insurrection, or other acts of a similar nature of force.
10. Termination
    
    1. Either Party may terminate this Contract for cause, in whole on in part, upon thirty- (30) days notice, in writing, to the other Party.
    2. The Administration may terminate forthwith this Contract at any time should the mandate or the funding of the Administration be curtailed or terminated, in which case the Vendor shall be reimbursed by the Administration for all reasonable costs incurred by the Vendor prior to receipt of the notice of termination.
    3. In the event of any termination by the Administration under this Article, no payment shall be due from the Administration to the Vendor except for Goods satisfactorily delivered in conformity with the express terms of this Contract.
    4. Should the Vendor be adjudged bankrupt, or be liquidated or become insolvent, or should the Vendor make an assignment for the benefit of its creditors, or should a Receiver be appointed on account of the insolvency of the Vendor, the Administration may, without prejudice to any other right or remedy it may have under the terms of these conditions, terminate this Contract forthwith. The Vendor shall immediately inform the Administration of the occurrence of any of the above events.
11. Observance of the Law:
    The Vendor shall comply with all laws, ordinances, rules and regulations bearing upon the performance of its obligations under the terms of this Contract.
12. Authority to Modify
    Pursuant to the UNTAET Regulations and Manual of the Administration only the ETTA Procurement Unit in Dili, East Timor possesses the authority to agree on behalf of the Administration to any modification of or change in this Contract, to a waiver of any of its provisions or to any additional contractual relationship of any kind with the Vendor. Accordingly, no modification or change in this Contract shall be valid and enforceable against the Administration unless provided by an amendment to this Contract signed by the Vendor and the Chief or Deputy Chief of the ETTA Procurement Unit.
13. Export Licences:
    If an export licence or licences are required for the Goods, the Vendor shall obtain that licence or licences.
14. Risk or Loss:
    Notwithstanding anything to the contrary in this Contract, risk of loss, injury or destruction to the Goods shall be borne by the Vendor until physical delivery of the goods has been completed in accordance with this Contract.
15. Rights of the Administration
    In case of failure by the Vendor to perform under the terms and conditions of this Contract, including but not limited to failure to obtain necessary export licences or to make delivery of all or part of the Goods by the agreed delivery date or date, the Administration may, after giving the Vendor reasonable notice to perform and without prejudice to any other rights or remedies, exercise one or more of the following rights:-
    • Procure all or part of the Goods from other sources, in which event the Administration may hold the Vendor responsible for any excess costs occasioned thereby;
    • Refuse to accept delivery of all or part of the Goods;
    • Terminate this Contract
16. Settlement of Disputes
    1. Amicable Settlement
    2. The parties shall use their best efforts to settle amicable any dispute, controversy or claim arising out of this contract or the breach, termination or invalidity thereof. Any bidder or contractor that claims to have suffered loss or injury due to a breach of an obligation imposed on the procuring entity by the present regulation may seek review in accordance with Section 37 through 42 of UNTAET Regulation 2000/10 of 6 March 2000.
    3. Any application for review by a bidder must be submitted to the head of the procuring entity within ten (10) working days from the date when the applicant became aware of the circumstances giving rise to the matter for review, or should reasonably have become aware of those circumstances, whichever is earlier.
    4. The head of the procuring entity shall render a decision within then (10 working days from the date of application being filed. The applicant may appeal the decision to the Policy Committee in writing within (10) working days from the date of decision.
    5. The Policy Committee shall render a decision within then (10) working days of the application being put before it. The applicant may challenge in court of competent jurisdiction the decision of the Policy Committee.
17. Privileges and Immunities
    Nothing in or relating to this Contract shall be deemed a waiver express or implied, of any of the privileges and immunities of the Administration, including its subsidiary organs.
18. Tax Exemption
    1. UNTAET Regulation 2000/12 of 8 March 2000, Section 2.4, paragraph (f) provides that the United Nations, including its subsidiary organs, and the Administration is exempt from all direct taxes, except charges for public utility services, and is exempt from customs duties and charges of a similar nature in respect of articles imported or exported for its official use. In the event any governmental authority refuses to recognize the exemption from such taxes, duties or charges, the Vendor shall immediately notify the Chief Procurement Officer to determine a mutually acceptable procedure.
    2. Accordingly, the Vendor authorizes the United Nations to deduct from the Vendor's invoice any amount representing such taxes, duties or charges, unless the Vendor has consulted with the Administration before the payment thereof and the Administration has, in each instance, specifically authorized the Vendor to pay such taxes, duties or charges under protest. In that event, the Vendor shall provide the Administration with written evidence that payment of such taxes, duties or charges has been made appropriately authorized.
19. Examination of Records:
    Duly authorized representative of the Administration, at the sole discretion of the Administration, may review all documentation relating to the contract and have access to all documentation of the vendor relating to this contract for purpose of audit, and this right shall extend to three (3) years after final payment of this contract.